2026
A Bill
for
An Act to amend the Education (Accreditation of Non-State
Schools) Act 2017, the Education (Capital Assistance) Act 1993,
the Education (General Provisions) Act 2006, the Education
(General Provisions) Regulation 2017, the Education
(Queensland College of Teachers) Act 2005, the Education
(Queensland College of Teachers) Regulation 2016, the
Education (Queensland Curriculum and Assessment Authority)
Act 2014, the Education (Queensland Curriculum and
Assessment Authority) Regulation 2025, the Libraries Act 1988,
the Public Sector Regulation 2023, the Queensland Art Gallery
Act 1987, the Queensland Museum Act 1970, the Queensland
Performing Arts Trust Act 1977, the Queensland Theatre
Company Act 1970, the Working with Children Check Act 2000
and the legislation mentioned in schedule 1 for particular
purposes
Page 14
Authorised by the Parliamentary Counsel
[s 1]
Education and Other Legislation Amendment Bill 2026
Part 1 Preliminary
The Parliament of Queensland enacts—
Part 1 Preliminary
1 Short title
This Act may be cited as the Education and Other Legislation
Amendment Act 2026.
2 Commencement
(1) The following provisions commence on 1 July 2027—
(a) section 64;
(b) section 65;
(c) section 68 to the extent it inserts sections 373 and 374;
(d) section 69(1) to the extent it omits the definition
financial year.
(2) Parts 2, 3, 8 and 9 commence on a day to be fixed by
proclamation.
Part 2 Amendment of Education
(Accreditation of Non-State
Schools) Act 2017
3 Act amended
This part amends the Education (Accreditation of Non-State
Schools) Act 2017.
4 Amendment of s 6 (Meaning of non-State school)
(1) Section 6—
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Clause 18
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Clause 21
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Authorised by the Parliamentary Counsel
[s 5]
Education and Other Legislation Amendment Bill 2026
Part 2 Amendment of Education (Accreditation of Non-State Schools) Act 2017
insert—
(2A) Also, to remove any doubt, it is declared that a
non-State school does not include a recognised
school under the Education (Queensland
Curriculum and Assessment Authority) Act 2014,
even if the recognised school has entered into a
recognised school partnership agreement with a
non-State school under that Act.
(2) Section 6(2A) and (3)—
renumber as section 6(3) and (4).
5 Amendment of s 10 (Meaning of meets the government
funding eligibility criteria)
Section 10—
insert—
(2) A governing body of a school is not ineligible for
government funding only because it enters into a
recognised school partnership agreement under
the Education (Queensland Curriculum and
Assessment Authority) Act 2014.
6 Amendment of s 19 (Procedural requirements for
application)
(1) Section 19(4)(e), note—
omit.
(2) Section 19(4)—
insert—
Note—
Under part 4, a school may temporarily provide
accredited education at other sites.
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Clause 11
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Authorised by the Parliamentary Counsel
[s 7]
Education and Other Legislation Amendment Bill 2026
Part 2 Amendment of Education (Accreditation of Non-State Schools) Act 2017
7 Amendment of s 25 (Steps to be taken after application
decided)
Section 25(1)(a)—
omit, insert—
(a) give the following persons notice of the
decision—
(i) the applicant;
(ii) the Minister;
(iii) the chief executive; and
8 Amendment of s 32 (Assessment when school starts to
operate at new site)
(1) Section 32—
insert—
(1A) However, this section does not apply to a school
if the governing body of the school has given the
board a notice under section 50(1)(a) of its
intention to start providing accredited education
at a site at which the school has not previously
operated.
(2) Section 32(1A) to (3)—
renumber as section 32(2) to (4).
9 Amendment of s 40 (Deciding application)
Section 40(4), from ‘satisfied’—
omit, insert—
satisfied that, when the change has effect, the
school will comply with—
(a) the accreditation criteria to which the
change relates; and
Clause 1
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Clause 10
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Clause 22
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Page 17
Authorised by the Parliamentary Counsel
[s 10]
Education and Other Legislation Amendment Bill 2026
Part 2 Amendment of Education (Accreditation of Non-State Schools) Act 2017
(b) any other accreditation criteria the board
considers appropriate for the school to
comply with.
10 Replacement of ch 2, pt 4, hdg (Special assistance
schools—use of temporary sites)
Chapter 2, part 4, heading—
omit, insert—
Part 4 Use of temporary sites
11 Replacement of s 47 (Purpose of part)
Section 47—
omit, insert—
47 Purpose of part
(1) The purpose of this part is to allow a school to
provide accredited education at a temporary site
on a temporary basis if an emergency event has
affected the school.
(2) Also, the purpose of this part is to allow a special
assistance school to provide special assistance at
a temporary site on a temporary basis, whether or
not an emergency event has affected the school.
Note—
The use of sites for schools is also regulated under the
Planning Act 2016.
12 Amendment of s 48 (Definitions for part)
(1) Section 48, definitions accredited special assistance site and
temporary site—
omit.
(2) Section 48—
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Page 18
Authorised by the Parliamentary Counsel
[s 13]
Education and Other Legislation Amendment Bill 2026
Part 2 Amendment of Education (Accreditation of Non-State Schools) Act 2017
insert—
accredited education, in relation to a school,
means the type of education, including special
assistance, that the school is accredited to provide.
accredited site—
(a) for a special assistance school—means a
site, stated in the application for
accreditation of the school for the attributes
mentioned in section 19(4)(e), at which the
school is accredited to provide special
assistance; or
(b) for any other school—means a site, stated in
the application for accreditation of the
school for the attributes mentioned in
section 19(4)(b), at which the school
provides accredited education.
emergency event means an event, whether natural
or caused by human acts or omissions, that causes
a school, or part of a school, to be unsuitable or
unsafe to use for educational purposes.
temporary site, in relation to a school, means a
site other than an accredited site for the school.
13 Insertion of new s 48A
After section 48—
insert—
48A Schools providing accredited education at
temporary sites
(1) The governing body of a school may start
providing accredited education at a temporary site
if—
(a) for a school other than a special assistance
school providing special assistance—an
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Clause 23
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Authorised by the Parliamentary Counsel
[s 14]
Education and Other Legislation Amendment Bill 2026
Part 2 Amendment of Education (Accreditation of Non-State Schools) Act 2017
emergency event has affected an accredited
site for the school; or
(b) for a special assistance school providing
special assistance—the school needs to
provide special assistance at the site for any
reason.
(2) The type of education provided by a school at a
temporary site must be consistent with the type of
education that the school is accredited to provide.
14 Amendment of s 49 (Compliance with temporary site
criteria)
(1) Section 49(1), ‘special assistance school that provides special
assistance’—
omit, insert—
school providing accredited education
(2) Section 49(2)—
omit, insert—
(2) Without limiting subsection (1), a regulation may
prescribe the following matters—
(a) limitations on the period for which a school
may provide accredited education at a
temporary site;
(b) circumstances in which the period
mentioned in paragraph (a) may be extended
and limitations on the period of the
extension.
15 Amendment of s 50 (Notification of intention to use, or
stop using, temporary site)
(1) Section 50(1), ‘special assistance school starts providing
special assistance’—
omit, insert—
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Clause 10
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Clause 27
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Page 20
Authorised by the Parliamentary Counsel
[s 16]
Education and Other Legislation Amendment Bill 2026
Part 2 Amendment of Education (Accreditation of Non-State Schools) Act 2017
school starts providing accredited education
(2) Section 50(1)(a), ‘special assistance’—
omit, insert—
accredited education
(3) Section 50(1)(c)—
omit, insert—
(c) a declaration by the governing body that—
(i) the school will comply with the
temporary site criteria while accredited
education is provided at the site; and
(ii) if the school is a special assistance
school—the school needs to provide
special assistance at the site for a stated
reason; and
(iii) if the school is not a special assistance
school—the school needs to provide
accredited education at the site because
of an emergency event that has affected
an accredited site for the school.
(4) Section 50(2), ‘special assistance’—
omit, insert—
accredited education
16 Amendment of s 51 (Use of temporary site is not a
change in attribute etc.)
(1) Section 51(1)—
omit, insert—
(1) This section applies if a school—
(a) provides accredited education at a
temporary site; and
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Authorised by the Parliamentary Counsel
[s 17]
Education and Other Legislation Amendment Bill 2026
Part 2 Amendment of Education (Accreditation of Non-State Schools) Act 2017
(b) complies with this part, including any
temporary site criteria, in relation to
providing accredited education at the site.
(2) Section 51(2), ‘the special assistance’—
omit, insert—
accredited education
17 Amendment of s 52 (Assessment of special assistance
school using temporary site)
(1) Section 52, heading, ‘special assistance’—
omit.
(2) Section 52(1)—
omit, insert—
(1) This section applies to a school that is providing
accredited education at a temporary site.
(3) Section 52(2), ‘special assistance’—
omit.
18 Amendment of s 53 (Report by authorised person)
Section 53(1), ‘special assistance’—
omit.
19 Amendment of s 66 (Grounds for cancellation)
(1) Section 66(1)(i), ‘a special assistance school’—
omit, insert—
using a temporary site under part 4
(2) Section 66(1)(i)(ii), before ‘50(1)(c)’—
insert—
section
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Page 22
Authorised by the Parliamentary Counsel
[s 20]
Education and Other Legislation Amendment Bill 2026
Part 2 Amendment of Education (Accreditation of Non-State Schools) Act 2017
20 Amendment of s 67 (Show cause notice)
Section 67—
insert—
(4) The board must give the chief executive a copy of
a show cause notice given under subsection (2).
21 Amendment of s 69 (Ending show cause process without
further action)
Section 69—
insert—
(2) The board must give the chief executive a copy of
a notice given under subsection (1)(b).
22 Amendment of s 70 (Amendment)
Section 70—
insert—
(6) The board must give the chief executive a copy of
the information notice given under subsection (4).
23 Amendment of s 71 (Cancellation)
Section 71—
insert—
(6) The board must give the chief executive a copy of
the information notice given under subsection (4).
24 Amendment of s 73 (Surrender)
Section 73—
insert—
(5) The board must give the chief executive notice
of—
Clause 1
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Clause 6
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Clause 12
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Clause 17
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Clause 22
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Authorised by the Parliamentary Counsel
[s 25]
Education and Other Legislation Amendment Bill 2026
Part 2 Amendment of Education (Accreditation of Non-State Schools) Act 2017
(a) the surrender of the accreditation of the
school; and
(b) the day the surrender takes effect.
25 Amendment of s 84 (Steps to be taken after decision)
Section 84(1), from ‘give’—
omit, insert—
give the following persons notice of the
decision—
(a) the applicant;
(b) the Minister;
(c) the chief executive.
26 Amendment of s 89 (Grounds for withdrawal of eligibility
for government funding)
Section 89(2), ‘section 10(c)’—
omit, insert—
section 10(1)(c)
27 Amendment of s 90 (Show cause notice)
Section 90(4), after ‘Minister’—
insert—
and the chief executive
28 Amendment of s 92 (Ending show cause process without
further action)
Section 92(b), from ‘the Minister’—
omit, insert—
the following persons that no further action is to
be taken about the show cause notice—
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Clause 12
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Authorised by the Parliamentary Counsel
[s 29]
Education and Other Legislation Amendment Bill 2026
Part 2 Amendment of Education (Accreditation of Non-State Schools) Act 2017
(i) the Minister;
(ii) the chief executive;
(iii) the governing body.
29 Amendment of s 93 (Decision by board)
Section 93(3)(b), after ‘Minister’—
insert—
and the chief executive
30 Insertion of new s 123A
After section 123—
insert—
123A Minister may give statement of expectations
(1) The Minister may give the board a written
statement (a statement of expectations) about the
Minister’s expectations for the performance by
the board of its functions.
(2) Without limiting subsection (1), a statement of
expectations may—
(a) apply for a particular period stated in the
statement; and
(b) provide for any of the following matters—
(i) the board’s strategic or operational
activities;
(ii) the key priorities for the board;
(iii) the way the board must report to the
Minister about its strategic or
operational activities;
(iv) the way the board must perform its
functions.
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Authorised by the Parliamentary Counsel
[s 31]
Education and Other Legislation Amendment Bill 2026
Part 2 Amendment of Education (Accreditation of Non-State Schools) Act 2017
(3) The board must have regard to a statement of
expectations in performing its functions.
(4) In this section—
function includes power.
31 Amendment of s 125 (Notice to Minister about action
taken in relation to a grammar school)
(1) Section 125, heading, after ‘Minister’—
insert—
and chief executive
(2) Section 125(1)(c), ‘section 69(b)’—
omit, insert—
section 69(1)(b)
(3) Section 125(2), after ‘Minister’—
insert—
and the chief executive
32 Insertion of new s 176A
After section 176—
insert—
176A Delegations
(1) The board may delegate the board’s functions
under this Act, other than the functions mentioned
in subsection (2), to a board member or the chief
executive.
(2) The board must not delegate—
(a) a function under section 21 or 80; or
(b) a function under section 100(j) that involves
advising about, the examining of or
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Authorised by the Parliamentary Counsel
[s 33]
Education and Other Legislation Amendment Bill 2026
Part 2 Amendment of Education (Accreditation of Non-State Schools) Act 2017
reporting on a matter referred to the board
by the Minister; or
(c) a function prescribed by regulation as a
function that must not be delegated by the
board; or
(d) a function to the chief executive if the
function is prescribed by regulation as a
function that must not be delegated to the
chief executive; or
(e) a function to a board member if the function
is prescribed by regulation as a function that
must not be delegated to a board member.
(3) If the board delegates a function to the chief
executive under subsection (1), the chief
executive may subdelegate the function to an
appropriately qualified employee of the
department.
(4) In this section—
function includes power.
33 Insertion of new ch 6, pt 2, div 3
Chapter 6, part 2—
insert—
Division 3 Transitional provision for
Education and Other
Legislation Amendment
Act 2026
202 Criteria for existing applications to change
attributes of accreditation
(1) This section applies if—
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Authorised by the Parliamentary Counsel
[s 34]
Education and Other Legislation Amendment Bill 2026
Part 2 Amendment of Education (Accreditation of Non-State Schools) Act 2017
(a) before the commencement, an accredited
school’s governing body made an
application under former section 39 to
change an attribute of accreditation of the
school; and
(b) immediately before the commencement, the
application had not been decided.
(2) New section 40(4) applies in relation to deciding
the application.
(3) Anything done in relation to the application under
the former Act is taken to have been done in
relation to the application under the new Act.
(4) In this section—
former, in relation to a provision of this Act,
means the provision as in force from time to time
before the commencement.
new, in relation to a provision of this Act, means
the provision as in force from the commencement.
34 Amendment of sch 1 (Dictionary)
(1) Schedule 1, definition accredited special assistance site—
omit.
(2) Schedule 1—
insert—
accredited education, for chapter 2, part 4, see
section 48.
accredited site, for chapter 2, part 4, see section
48.
emergency event, for chapter 2, part 4, see section
48.
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Section retrieval-0003 - Education and Other Legislation Amendment Bill 2026 - Document excerpt 3 | Zoe