Education (Queensland Curriculum and Assessment Authority) Act 2014
In ForceQLD
Jurisdiction
Queensland
Act Number
3 of 2014
Collection
act
Plain English Summary
6/10 complexity
This Act creates the Queensland Curriculum and Assessment Authority (the authority), gives it corporate status and sets out its core tasks: develop/purchase syllabuses and guidelines, run and mark tests and assessments, issue certificates, keep student accounts and commercially exploit products or services it develops (ss 5, 9–18, 18, 60). It also establishes data‑reporting and record‑keeping duties for schools and providers and rules for disclosure and access to student account information (pts 3, ss 56–68).
The Minister appoints members, may give written directions on many operational matters (but not syllabus content or individual certification decisions) and can require reports; providers and principals must supply enrolment, result and test script information, creating identifiable compliance and data‑management costs for them (ss 22, 72–75, 56–59, 87, 84).
Mechanically, the Act establishes the Queensland Curriculum and Assessment Authority (the authority) as a body corporate that represents the State, sets out its functions, confers powers to operate, and creates a statutory regime for recording and sharing student certification and participation information (student accounts). Key operational features are:
Establishment and status: the authority is constituted as a body corporate with a common seal, capacity to sue and be sued, and the status, privileges and immunities of the State (ss 5-6). It is declared a statutory body under the Financial Accountability Act and the Statutory Bodies Financial Arrangements Act (s 7).
Core functions: the authority develops, purchases, revises and supports syllabuses (senior and P-10), develops and administers testing and assessment for senior subjects, performs moderation and certification functions (including issuing certificates and statements of results), keeps and uses student accounts, and provides specified information for tertiary entrance ranking (ss 9-19). For senior subjects where an Australian curriculum exists, the authority must adopt that curriculum content and standards (s 9(2)).
Commercial activity and IP: the authority may commercially exploit products and services it develops or licences (s 18). The Minister may give directions about intellectual property and commercial exploitation, including licence terms and the possibility of a licence to the State on no-fee terms (s 73).
Governance and staffing: the Act defines membership of the authority (including ministerial nominees and representatives of ISQ and CEQL), appointment and terms for the chief executive officer, delegation arrangements, employment and casual employment arrangements, and criminal-history vetting and disclosure obligations for members and the chief executive officer (ss 21-44).
Current sections
Direct links to the current provisions in Education (Queensland Curriculum and Assessment Authority) Act 2014.
149
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Education (Queensland Curriculum and Assessment Authority) Act 2014 .
sec.2
Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.3
Objects
sec.3 Objects
The objects of this Act are—
to help schools to achieve quality learning outcomes for their students; and
to help approved providers of education and care services to achieve quality learning outcomes for children who attend the services; and
to provide accurate and informative records of student achievement, including through the production of certificates of achievements and statements of results; and
to maintain public confidence in certificates of achievement and statements of results developed and administered by the authority.
(a) to help schools to achieve quality learning outcomes for their students; and
(b) to help approved providers of education and care services to achieve quality learning outcomes for children who attend the services; and
(c) to provide accurate and informative records of student achievement, including through the production of certificates of achievements and statements of results; and
(d) to maintain public confidence in certificates of achievement and statements of results developed and administered by the authority.
sec.4
Dictionary
sec.4 Dictionary
The dictionary in schedule 1 defines particular words used in this Act.
s 4 amd 2014 No. 3 s 114 sch 1 pt 1
pt.2
Queensland Curriculum and Assessment Authority
Queensland Curriculum and Assessment Authority
pt.2-div.1
Establishment and status
Establishment and status
sec.5
Establishment
sec.5 Establishment
The Queensland Curriculum and Assessment Authority (the authority ) is established.
The authority—
is a body corporate; and
has a common seal; and
may sue and be sued in its corporate name.
(sec.5-ssec.1) The Queensland Curriculum and Assessment Authority (the authority ) is established.
(sec.5-ssec.2) The authority— is a body corporate; and has a common seal; and may sue and be sued in its corporate name.
(a) is a body corporate; and
(b) has a common seal; and
(c) may sue and be sued in its corporate name.
sec.6
Authority represents the State
sec.6 Authority represents the State
The authority represents the State.
Without limiting subsection (1) , the authority has the status, privileges and immunities of the State.
(sec.6-ssec.1) The authority represents the State.
(sec.6-ssec.2) Without limiting subsection (1) , the authority has the status, privileges and immunities of the State.
sec.7
Application of particular Acts
sec.7 Application of particular Acts
The authority is—
a statutory body under the FA Act ; and
a statutory body under the SBFA Act .
The SBFA Act , part 2B sets out the way in which the authority’s powers under this Act are affected by the SBFA Act .
(sec.7-ssec.1) The authority is— a statutory body under the FA Act ; and a statutory body under the SBFA Act .
(sec.7-ssec.2) The SBFA Act , part 2B sets out the way in which the authority’s powers under this Act are affected by the SBFA Act .
(a) a statutory body under the FA Act ; and
(b) a statutory body under the SBFA Act .
sec.8
Extraterritoriality
sec.8 Extraterritoriality
The authority may perform its functions inside or outside Queensland including outside Australia.
pt.2-div.2
Functions
Functions
sec.9
Syllabuses for senior subjects
sec.9 Syllabuses for senior subjects
The authority has the following functions relating to syllabuses for senior subjects—
developing and revising syllabuses;
purchasing and revising syllabuses developed by another entity.
If the authority performs a function under this provision, it must give notice under section 88 (1) (a) .
In developing a syllabus for a senior subject for which there is an Australian curriculum, the authority must adopt the Australian curriculum content and standards of achievement for the subject as the basis for developing the syllabus.
(sec.9-ssec.1) The authority has the following functions relating to syllabuses for senior subjects— developing and revising syllabuses; purchasing and revising syllabuses developed by another entity. If the authority performs a function under this provision, it must give notice under section 88 (1) (a) .
(sec.9-ssec.2) In developing a syllabus for a senior subject for which there is an Australian curriculum, the authority must adopt the Australian curriculum content and standards of achievement for the subject as the basis for developing the syllabus.
(a) developing and revising syllabuses;
(b) purchasing and revising syllabuses developed by another entity.
sec.10
Syllabuses for P–10 subjects
sec.10 Syllabuses for P–10 subjects
The authority has the following functions relating to syllabuses for P–10 subjects for which there are no Australian curricula—
developing and revising syllabuses;
purchasing and revising syllabuses developed by another entity.
If the authority performs a function under this provision, it must give notice under section 88 (1) (a) .
(a) developing and revising syllabuses;
(b) purchasing and revising syllabuses developed by another entity.
sec.11
Kindergarten guidelines
sec.11 Kindergarten guidelines
The authority has the following functions relating to kindergarten guidelines—
developing and revising guidelines;
purchasing and revising guidelines developed by another entity;
accrediting, for implementation in education and care services, guidelines developed by another entity.
If the authority performs a function under this provision, it must give notice under section 88 (3) .
(a) developing and revising guidelines;
(b) purchasing and revising guidelines developed by another entity;
(c) accrediting, for implementation in education and care services, guidelines developed by another entity.
sec.12
Supporting schools and approved providers of education and care services
sec.12 Supporting schools and approved providers of education and care services
The authority has the function of supporting schools and approved providers of education and care services in implementing—
a syllabus the authority develops, purchases or substantially revises; or
an Australian curriculum; or
a kindergarten guideline the authority accredits, develops, purchases or substantially revises.
The function mentioned in subsection (1) —
is performed primarily by the authority giving school authorities and approved providers, or their nominees, information about the content and purpose of the syllabus, Australian curriculum or kindergarten guideline; and
may be performed by the authority—
providing resources to support the implementation of the syllabus, Australian curriculum or kindergarten guideline; or
developing resources and providing services for the professional development of teachers or education and care services staff.
The authority has the function mentioned in subsection (1) (a) and (b) for recognised schools.
In this section—
school authority means—
for a recognised school—the governing body of the recognised school; or
for a State school—the chief executive; or
for a non-State school—the governing body of the school.
(sec.12-ssec.1) The authority has the function of supporting schools and approved providers of education and care services in implementing— a syllabus the authority develops, purchases or substantially revises; or an Australian curriculum; or a kindergarten guideline the authority accredits, develops, purchases or substantially revises.
(sec.12-ssec.2) The function mentioned in subsection (1) — is performed primarily by the authority giving school authorities and approved providers, or their nominees, information about the content and purpose of the syllabus, Australian curriculum or kindergarten guideline; and may be performed by the authority— providing resources to support the implementation of the syllabus, Australian curriculum or kindergarten guideline; or developing resources and providing services for the professional development of teachers or education and care services staff.
(sec.12-ssec.3) The authority has the function mentioned in subsection (1) (a) and (b) for recognised schools.
(sec.12-ssec.4) In this section— school authority means— for a recognised school—the governing body of the recognised school; or for a State school—the chief executive; or for a non-State school—the governing body of the school.
(a) a syllabus the authority develops, purchases or substantially revises; or
(b) an Australian curriculum; or
(c) a kindergarten guideline the authority accredits, develops, purchases or substantially revises.
(a) is performed primarily by the authority giving school authorities and approved providers, or their nominees, information about the content and purpose of the syllabus, Australian curriculum or kindergarten guideline; and
(b) may be performed by the authority— (i) providing resources to support the implementation of the syllabus, Australian curriculum or kindergarten guideline; or (ii) developing resources and providing services for the professional development of teachers or education and care services staff.
(i) providing resources to support the implementation of the syllabus, Australian curriculum or kindergarten guideline; or
(ii) developing resources and providing services for the professional development of teachers or education and care services staff.
(i) providing resources to support the implementation of the syllabus, Australian curriculum or kindergarten guideline; or
(ii) developing resources and providing services for the professional development of teachers or education and care services staff.
(a) for a recognised school—the governing body of the recognised school; or
(b) for a State school—the chief executive; or
(c) for a non-State school—the governing body of the school.
sec.13
Testing
sec.13 Testing
The authority has the following functions relating to the testing of students—
developing and revising tests prescribed under a regulation;
If the authority performs a function under this provision, it must give notice under section 88 (1) (b) .
purchasing and revising tests developed by another entity and prescribed under a regulation;
If the authority performs a function under this provision, it must give notice under section 88 (1) (b) .
developing procedures for schools, or the authority, to administer tests mentioned in paragraphs (a) and (b) ;
participating in the development and revision of common national tests;
If the authority performs a function under this provision, it must give notice under section 88 (1) (c) .
implementing procedures for schools, or the authority, to administer common national tests;
marking tests mentioned in paragraphs (a) and (b) and common national tests and giving the individual test results of each student undertaking the tests to—
the student; and
the principal of the school at which the student is enrolled;
Under section 87 , the principal of a school that administers a test mentioned in subsection (1) (a) or (b) , or a common national test, must give the authority the test script of each student of the school.
analysing systemic information about the performance of persons who undertake tests mentioned in paragraphs (a) and (b) or common national tests and reporting the results of the analysis to the Minister, the chief executive, ISQ and CEQL.
The authority has the functions mentioned in subsection (1) for recognised schools.
s 13 amd 2018 No. 1 s 136 ; 2025 No. 24 s 39ZP
(sec.13-ssec.1) The authority has the following functions relating to the testing of students— developing and revising tests prescribed under a regulation; If the authority performs a function under this provision, it must give notice under section 88 (1) (b) . purchasing and revising tests developed by another entity and prescribed under a regulation; If the authority performs a function under this provision, it must give notice under section 88 (1) (b) . developing procedures for schools, or the authority, to administer tests mentioned in paragraphs (a) and (b) ; participating in the development and revision of common national tests; If the authority performs a function under this provision, it must give notice under section 88 (1) (c) . implementing procedures for schools, or the authority, to administer common national tests; marking tests mentioned in paragraphs (a) and (b) and common national tests and giving the individual test results of each student undertaking the tests to— the student; and the principal of the school at which the student is enrolled; Under section 87 , the principal of a school that administers a test mentioned in subsection (1) (a) or (b) , or a common national test, must give the authority the test script of each student of the school. analysing systemic information about the performance of persons who undertake tests mentioned in paragraphs (a) and (b) or common national tests and reporting the results of the analysis to the Minister, the chief executive, ISQ and CEQL.
(sec.13-ssec.2) The authority has the functions mentioned in subsection (1) for recognised schools.
(a) developing and revising tests prescribed under a regulation; Note— If the authority performs a function under this provision, it must give notice under section 88 (1) (b) .
(b) purchasing and revising tests developed by another entity and prescribed under a regulation; Note— If the authority performs a function under this provision, it must give notice under section 88 (1) (b) .
(c) developing procedures for schools, or the authority, to administer tests mentioned in paragraphs (a) and (b) ;
(d) participating in the development and revision of common national tests; Note— If the authority performs a function under this provision, it must give notice under section 88 (1) (c) .
(e) implementing procedures for schools, or the authority, to administer common national tests;
(f) marking tests mentioned in paragraphs (a) and (b) and common national tests and giving the individual test results of each student undertaking the tests to— (i) the student; and (ii) the principal of the school at which the student is enrolled; Note— Under section 87 , the principal of a school that administers a test mentioned in subsection (1) (a) or (b) , or a common national test, must give the authority the test script of each student of the school.
(i) the student; and
(ii) the principal of the school at which the student is enrolled;
(g) analysing systemic information about the performance of persons who undertake tests mentioned in paragraphs (a) and (b) or common national tests and reporting the results of the analysis to the Minister, the chief executive, ISQ and CEQL.
(i) the student; and
(ii) the principal of the school at which the student is enrolled;
sec.13A
Assessment of students for senior subjects
sec.13A Assessment of students for senior subjects
The authority has the following functions relating to the assessment of students for senior subjects—
endorsing school-based assessments for senior subjects;
developing and revising external assessments for senior subjects;
purchasing and revising external assessments for senior subjects developed by another entity;
developing procedures for—
the endorsement of school-based assessments for senior subjects; and
the administration and marking of external assessments for senior subjects.
The authority has the functions mentioned in subsection (1) for recognised schools.
In this section—
external assessment means an assessment developed by an entity other than a school.
school-based assessment means an assessment developed by a school.
s 13A ins 2018 No. 1 s 137
(sec.13A-ssec.1) The authority has the following functions relating to the assessment of students for senior subjects— endorsing school-based assessments for senior subjects; developing and revising external assessments for senior subjects; purchasing and revising external assessments for senior subjects developed by another entity; developing procedures for— the endorsement of school-based assessments for senior subjects; and the administration and marking of external assessments for senior subjects.
(sec.13A-ssec.2) The authority has the functions mentioned in subsection (1) for recognised schools.
(sec.13A-ssec.3) In this section— external assessment means an assessment developed by an entity other than a school. school-based assessment means an assessment developed by a school.
(a) endorsing school-based assessments for senior subjects;
(b) developing and revising external assessments for senior subjects;
(c) purchasing and revising external assessments for senior subjects developed by another entity;
(d) developing procedures for— (i) the endorsement of school-based assessments for senior subjects; and (ii) the administration and marking of external assessments for senior subjects.
(i) the endorsement of school-based assessments for senior subjects; and
(ii) the administration and marking of external assessments for senior subjects.
(i) the endorsement of school-based assessments for senior subjects; and
(ii) the administration and marking of external assessments for senior subjects.
sec.14
Moderation
sec.14 Moderation
The authority has the following functions relating to moderation—
developing moderation procedures;
arranging for moderation of student assessment.
The authority has the functions mentioned in subsection (1) for recognised schools.
(sec.14-ssec.1) The authority has the following functions relating to moderation— developing moderation procedures; arranging for moderation of student assessment.
(sec.14-ssec.2) The authority has the functions mentioned in subsection (1) for recognised schools.
(a) developing moderation procedures;
(b) arranging for moderation of student assessment.
sec.15
Certification
sec.15 Certification
The authority has the following functions relating to certification—
reviewing, and making recommendations to the Minister about, the requirements for issuing certificates of achievement, and statements of results, prescribed under a regulation;
deciding procedures, and carrying out arrangements, for the assessment of persons in school subjects that are certification studies;
approving work programs for school subjects that are certification studies, for use in the schools that developed the programs;
issuing certificates of achievement, and statements of results, prescribed under a regulation;
giving a person, on request, a copy of any of the following documents previously issued for the person—
a certificate, about the completion of the person’s studies, under the repealed Education Act 1964 or the repealed Education (Senior Secondary School Studies) Act 1988 ;
a certificate of achievement;
a statement of results;
recognising the results of a person in certification studies, prescribed under a regulation, that are not school subjects.
The authority has the functions mentioned in subsection (1) for recognised schools.
(sec.15-ssec.1) The authority has the following functions relating to certification— reviewing, and making recommendations to the Minister about, the requirements for issuing certificates of achievement, and statements of results, prescribed under a regulation; deciding procedures, and carrying out arrangements, for the assessment of persons in school subjects that are certification studies; approving work programs for school subjects that are certification studies, for use in the schools that developed the programs; issuing certificates of achievement, and statements of results, prescribed under a regulation; giving a person, on request, a copy of any of the following documents previously issued for the person— a certificate, about the completion of the person’s studies, under the repealed Education Act 1964 or the repealed Education (Senior Secondary School Studies) Act 1988 ; a certificate of achievement; a statement of results; recognising the results of a person in certification studies, prescribed under a regulation, that are not school subjects.
(sec.15-ssec.2) The authority has the functions mentioned in subsection (1) for recognised schools.
(a) reviewing, and making recommendations to the Minister about, the requirements for issuing certificates of achievement, and statements of results, prescribed under a regulation;
(b) deciding procedures, and carrying out arrangements, for the assessment of persons in school subjects that are certification studies;
(c) approving work programs for school subjects that are certification studies, for use in the schools that developed the programs;
(d) issuing certificates of achievement, and statements of results, prescribed under a regulation;
(e) giving a person, on request, a copy of any of the following documents previously issued for the person— (i) a certificate, about the completion of the person’s studies, under the repealed Education Act 1964 or the repealed Education (Senior Secondary School Studies) Act 1988 ; (ii) a certificate of achievement; (iii) a statement of results;
(i) a certificate, about the completion of the person’s studies, under the repealed Education Act 1964 or the repealed Education (Senior Secondary School Studies) Act 1988 ;
(ii) a certificate of achievement;
(iii) a statement of results;
(f) recognising the results of a person in certification studies, prescribed under a regulation, that are not school subjects.
(i) a certificate, about the completion of the person’s studies, under the repealed Education Act 1964 or the repealed Education (Senior Secondary School Studies) Act 1988 ;
(ii) a certificate of achievement;
(iii) a statement of results;
sec.16
Student accounts
sec.16 Student accounts
The authority has the following functions relating to student accounts—
keeping student accounts under part 3 ;
dealing with information recorded in student accounts in the way permitted or required under part 3 .
The authority has the functions mentioned in subsection (1) for recognised schools.
(sec.16-ssec.1) The authority has the following functions relating to student accounts— keeping student accounts under part 3 ; dealing with information recorded in student accounts in the way permitted or required under part 3 .
(sec.16-ssec.2) The authority has the functions mentioned in subsection (1) for recognised schools.
(a) keeping student accounts under part 3 ;
(b) dealing with information recorded in student accounts in the way permitted or required under part 3 .
sec.17
Tertiary entrance
sec.17 Tertiary entrance
The authority has the function of giving information about students to an appropriately qualified entity to enable the entity to—
rank the students as a basis for tertiary entrance; and
advise the students of their tertiary entrance ranking.
The authority has the function mentioned in subsection (1) for recognised schools.
s 17 sub 2018 No. 1 s 138
(sec.17-ssec.1) The authority has the function of giving information about students to an appropriately qualified entity to enable the entity to— rank the students as a basis for tertiary entrance; and advise the students of their tertiary entrance ranking.
(sec.17-ssec.2) The authority has the function mentioned in subsection (1) for recognised schools.
(a) rank the students as a basis for tertiary entrance; and
(b) advise the students of their tertiary entrance ranking.
sec.18
Commercial exploitation
sec.18 Commercial exploitation
The authority has the function of commercially exploiting a product or service—
developed by it in the course of performing its functions; or
licensed to it.
In this section—
commercially exploit includes sell.
(sec.18-ssec.1) The authority has the function of commercially exploiting a product or service— developed by it in the course of performing its functions; or licensed to it.
(sec.18-ssec.2) In this section— commercially exploit includes sell.
(a) developed by it in the course of performing its functions; or
(b) licensed to it.
sec.19
Other functions
sec.19 Other functions
The authority has the following functions—
advising the Minister about matters relevant to the performance of its functions;
conducting research to support the efficient and effective operation of its functions;
deciding the equivalent level of school education, or school qualification, in the State of a level of education reached, or qualification obtained, by a person at an educational institution established outside the State;
exercising a power delegated to it under the National Vocational Education and Training Regulator Act 2011 (Cwlth) , section 224 ;
giving information obtained in the performance of its functions to the Commonwealth, a State or an entity of the Commonwealth or a State;
informing the public about matters relevant to the performance of its functions;
a function given to it under this or another Act.
(a) advising the Minister about matters relevant to the performance of its functions;
(b) conducting research to support the efficient and effective operation of its functions;
(c) deciding the equivalent level of school education, or school qualification, in the State of a level of education reached, or qualification obtained, by a person at an educational institution established outside the State;
(d) exercising a power delegated to it under the National Vocational Education and Training Regulator Act 2011 (Cwlth) , section 224 ;
(e) giving information obtained in the performance of its functions to the Commonwealth, a State or an entity of the Commonwealth or a State;
(f) informing the public about matters relevant to the performance of its functions;
(g) a function given to it under this or another Act.
pt.2-div.3
Powers
Powers
sec.20
Powers of the authority
sec.20 Powers of the authority
The authority has all the powers of an individual and may, for example—
enter into contracts; and
acquire, hold, dispose of and deal with property; and
appoint agents and attorneys; and
engage consultants and researchers; and
fix charges and other terms for services and facilities it supplies; and
do anything else necessary or convenient to be done in performing its functions.
However, the authority must not enter into an agreement about real property including, for example, leasing premises for its accommodation, without the written approval of the Minister.
(sec.20-ssec.1) The authority has all the powers of an individual and may, for example— enter into contracts; and acquire, hold, dispose of and deal with property; and appoint agents and attorneys; and engage consultants and researchers; and fix charges and other terms for services and facilities it supplies; and do anything else necessary or convenient to be done in performing its functions.
(sec.20-ssec.2) However, the authority must not enter into an agreement about real property including, for example, leasing premises for its accommodation, without the written approval of the Minister.
(a) enter into contracts; and
(b) acquire, hold, dispose of and deal with property; and
(c) appoint agents and attorneys; and
(d) engage consultants and researchers; and
(e) fix charges and other terms for services and facilities it supplies; and
(f) do anything else necessary or convenient to be done in performing its functions.
pt.2-div.4
Delegation
Delegation
sec.21
Authority may delegate functions and powers
sec.21 Authority may delegate functions and powers
The authority may delegate the performance of any of its functions, or the exercise of any of its powers, under this or another Act to an appropriately qualified entity, including—
a member; or
a committee of the authority; or
the chief executive officer; or
an employee of the authority.
An entity to which the authority delegates a function or power may subdelegate it only if the delegation permits the subdelegation.
(sec.21-ssec.1) The authority may delegate the performance of any of its functions, or the exercise of any of its powers, under this or another Act to an appropriately qualified entity, including— a member; or a committee of the authority; or the chief executive officer; or an employee of the authority.
(sec.21-ssec.2) An entity to which the authority delegates a function or power may subdelegate it only if the delegation permits the subdelegation.
(a) a member; or
(b) a committee of the authority; or
(c) the chief executive officer; or
(d) an employee of the authority.
pt.2-div.5
Membership
Membership
sec.22
Members
sec.22 Members
The authority is comprised of the following members—
the chief executive, or a nominee of the chief executive;
the following persons (each, an appointed member ) appointed as members by the Governor in Council—
the executive director, or nominee, of the ISQ;
the chief executive officer, or nominee, of CEQL;
1 nominee of the Minister having relevant corporate, governance or financial qualifications or experience;
3 other nominees of the Minister having the qualifications, experience or standing the Minister considers relevant to the functions of the authority.
s 22 amd 2025 No. 24 s 39ZQ
(a) the chief executive, or a nominee of the chief executive;
(b) the following persons (each, an appointed member ) appointed as members by the Governor in Council— (i) the executive director, or nominee, of the ISQ; (ii) the chief executive officer, or nominee, of CEQL; (iii) 1 nominee of the Minister having relevant corporate, governance or financial qualifications or experience; (iv) 3 other nominees of the Minister having the qualifications, experience or standing the Minister considers relevant to the functions of the authority.
(i) the executive director, or nominee, of the ISQ;
(ii) the chief executive officer, or nominee, of CEQL;
(iii) 1 nominee of the Minister having relevant corporate, governance or financial qualifications or experience;
(iv) 3 other nominees of the Minister having the qualifications, experience or standing the Minister considers relevant to the functions of the authority.
(i) the executive director, or nominee, of the ISQ;
(ii) the chief executive officer, or nominee, of CEQL;
(iii) 1 nominee of the Minister having relevant corporate, governance or financial qualifications or experience;
(iv) 3 other nominees of the Minister having the qualifications, experience or standing the Minister considers relevant to the functions of the authority.
sec.23
Eligibility
sec.23 Eligibility
The following persons are ineligible for nomination or appointment as a member—
a member of the Legislative Assembly;
a councillor of a local government;
the chief executive officer.
(a) a member of the Legislative Assembly;
(b) a councillor of a local government;
(c) the chief executive officer.
sec.24
Nomination
sec.24 Nomination
This section applies to the nomination of a person for membership of the authority by an entity mentioned in section 22 (b) (i) or (ii) .
The Minister must give the entity a notice stating a reasonable time (the stated period ) within which the entity may nominate a person for membership.
If the entity does not nominate a person within the stated period, the executive director of the entity is taken to be the entity’s nominee.
(sec.24-ssec.1) This section applies to the nomination of a person for membership of the authority by an entity mentioned in section 22 (b) (i) or (ii) .
(sec.24-ssec.2) The Minister must give the entity a notice stating a reasonable time (the stated period ) within which the entity may nominate a person for membership.
(sec.24-ssec.3) If the entity does not nominate a person within the stated period, the executive director of the entity is taken to be the entity’s nominee.
sec.25
Term of appointment
sec.25 Term of appointment
An appointed member is appointed for the term, of not more than 4 years, stated in the appointed member’s instrument of appointment.
sec.26
Conditions of appointment
sec.26 Conditions of appointment
An appointed member is to be paid the remuneration and allowances decided by the Governor in Council.
For matters not provided for in this Act, an appointed member holds office on the terms and conditions decided by the Governor in Council.
(sec.26-ssec.1) An appointed member is to be paid the remuneration and allowances decided by the Governor in Council.
(sec.26-ssec.2) For matters not provided for in this Act, an appointed member holds office on the terms and conditions decided by the Governor in Council.
sec.27
Chair
sec.27 Chair
The Minister must nominate 1 of the persons mentioned in section 22 (b) (iv) to be the chair of the authority.
The Governor in Council must appoint the person nominated by the Minister as the chair.
The person may be appointed as the chair at the same time the person is appointed as a member.
The chair holds office for the term of the person’s appointment as chair.
However, the term mentioned in subsection (4) can not be longer than the term of the person’s appointment as a member.
A vacancy occurs in the office of chair if the person holding office—
resigns from office by giving the Minister a notice of resignation; or
stops being a member.
However, a person may continue to be a member after resigning the office of chair.
(sec.27-ssec.1) The Minister must nominate 1 of the persons mentioned in section 22 (b) (iv) to be the chair of the authority.
(sec.27-ssec.2) The Governor in Council must appoint the person nominated by the Minister as the chair.
(sec.27-ssec.3) The person may be appointed as the chair at the same time the person is appointed as a member.
(sec.27-ssec.4) The chair holds office for the term of the person’s appointment as chair.
(sec.27-ssec.5) However, the term mentioned in subsection (4) can not be longer than the term of the person’s appointment as a member.
(sec.27-ssec.6) A vacancy occurs in the office of chair if the person holding office— resigns from office by giving the Minister a notice of resignation; or stops being a member.
(sec.27-ssec.7) However, a person may continue to be a member after resigning the office of chair.
(a) resigns from office by giving the Minister a notice of resignation; or
(b) stops being a member.
sec.28
Deputy chair
sec.28 Deputy chair
The authority must appoint a member, other than the chair, as its deputy chair.
The deputy chair holds office for the term decided by the authority.
A vacancy occurs in the office of deputy chair if the person holding office—
resigns from office by giving the authority a notice of resignation; or
stops being a member.
However, a person may continue to be a member after resigning the office of deputy chair.
The deputy chair is to act as chair—
during a vacancy in the office of chair; and
during all periods when the chair is absent from duty or, for another reason, can not perform the functions of the office.
(sec.28-ssec.1) The authority must appoint a member, other than the chair, as its deputy chair.
(sec.28-ssec.2) The deputy chair holds office for the term decided by the authority.
(sec.28-ssec.3) A vacancy occurs in the office of deputy chair if the person holding office— resigns from office by giving the authority a notice of resignation; or stops being a member.
(sec.28-ssec.4) However, a person may continue to be a member after resigning the office of deputy chair.
(sec.28-ssec.5) The deputy chair is to act as chair— during a vacancy in the office of chair; and during all periods when the chair is absent from duty or, for another reason, can not perform the functions of the office.
(a) resigns from office by giving the authority a notice of resignation; or
(b) stops being a member.
(a) during a vacancy in the office of chair; and
(b) during all periods when the chair is absent from duty or, for another reason, can not perform the functions of the office.
sec.29
Disqualification
sec.29 Disqualification
A person is disqualified from becoming, or continuing as, a member if the person—
has a conviction, other than a spent conviction, for an indictable offence, unless the Minister has taken action under subsection (4) for the conviction; or
is an insolvent under administration, unless the Minister has taken action under subsection (4) for the insolvency; or
is not able to manage a corporation because of the Corporations Act , part 2D .6.
A person is also disqualified from—
becoming a member if the person does not consent to the Minister requesting a report about the person’s criminal history under section 42 ; or
continuing as a member if the person is absent from 3 consecutive meetings of the authority, of which proper notice has been given, unless—
the authority has given permission for the person to be absent from the meetings; or
the meetings occurred during the period of a leave of absence approved for the member by the Minister under section 30 .
The Minister may act under subsection (4) if the Minister considers it would be reasonable to do so, having regard to—
the circumstances of an offence of which a person has been convicted; or
the circumstances under which a person became an insolvent under administration.
The Minister may—
if the person was a member when the person was convicted or became an insolvent under administration, and the term of the person’s appointment as a member has not since ended, give the chair and the person notice (the approval notice ) that—
the person is restored as a member; and
the person may be later reappointed, despite the conviction or being an insolvent under administration; or
otherwise—give written approval for the person to become a member despite the conviction or being an insolvent under administration.
The person is restored as a member on the day the chair receives the approval notice.
The restored member’s term of appointment as a member ends when it would have ended if the member had not been convicted of the offence or become an insolvent under administration.
s 29 amd 2023 No. 23 s 247 sch 1 s 14
(sec.29-ssec.1) A person is disqualified from becoming, or continuing as, a member if the person— has a conviction, other than a spent conviction, for an indictable offence, unless the Minister has taken action under subsection (4) for the conviction; or is an insolvent under administration, unless the Minister has taken action under subsection (4) for the insolvency; or is not able to manage a corporation because of the Corporations Act , part 2D .6.
(sec.29-ssec.2) A person is also disqualified from— becoming a member if the person does not consent to the Minister requesting a report about the person’s criminal history under section 42 ; or continuing as a member if the person is absent from 3 consecutive meetings of the authority, of which proper notice has been given, unless— the authority has given permission for the person to be absent from the meetings; or the meetings occurred during the period of a leave of absence approved for the member by the Minister under section 30 .
(sec.29-ssec.3) The Minister may act under subsection (4) if the Minister considers it would be reasonable to do so, having regard to— the circumstances of an offence of which a person has been convicted; or the circumstances under which a person became an insolvent under administration.
(sec.29-ssec.4) The Minister may— if the person was a member when the person was convicted or became an insolvent under administration, and the term of the person’s appointment as a member has not since ended, give the chair and the person notice (the approval notice ) that— the person is restored as a member; and the person may be later reappointed, despite the conviction or being an insolvent under administration; or otherwise—give written approval for the person to become a member despite the conviction or being an insolvent under administration.
(sec.29-ssec.5) The person is restored as a member on the day the chair receives the approval notice.
(sec.29-ssec.6) The restored member’s term of appointment as a member ends when it would have ended if the member had not been convicted of the offence or become an insolvent under administration.
(a) has a conviction, other than a spent conviction, for an indictable offence, unless the Minister has taken action under subsection (4) for the conviction; or
(b) is an insolvent under administration, unless the Minister has taken action under subsection (4) for the insolvency; or
(c) is not able to manage a corporation because of the Corporations Act , part 2D .6.
(a) becoming a member if the person does not consent to the Minister requesting a report about the person’s criminal history under section 42 ; or
(b) continuing as a member if the person is absent from 3 consecutive meetings of the authority, of which proper notice has been given, unless— (i) the authority has given permission for the person to be absent from the meetings; or (ii) the meetings occurred during the period of a leave of absence approved for the member by the Minister under section 30 .
(i) the authority has given permission for the person to be absent from the meetings; or
(ii) the meetings occurred during the period of a leave of absence approved for the member by the Minister under section 30 .
(i) the authority has given permission for the person to be absent from the meetings; or
(ii) the meetings occurred during the period of a leave of absence approved for the member by the Minister under section 30 .
(a) the circumstances of an offence of which a person has been convicted; or
(b) the circumstances under which a person became an insolvent under administration.
(a) if the person was a member when the person was convicted or became an insolvent under administration, and the term of the person’s appointment as a member has not since ended, give the chair and the person notice (the approval notice ) that— (i) the person is restored as a member; and (ii) the person may be later reappointed, despite the conviction or being an insolvent under administration; or
(i) the person is restored as a member; and
(ii) the person may be later reappointed, despite the conviction or being an insolvent under administration; or
(b) otherwise—give written approval for the person to become a member despite the conviction or being an insolvent under administration.
(i) the person is restored as a member; and
(ii) the person may be later reappointed, despite the conviction or being an insolvent under administration; or
sec.30
Leave of absence
sec.30 Leave of absence
The Minister may approve a leave of absence for a member.
The Minister may appoint another person to act in the office of the member during the leave of absence.
Subsection (2) does not limit the power of the Governor in Council, under the Acts Interpretation Act 1954 , section 25 (1) (b) (v) to appoint a person to act in the office during the leave of absence.
If the Minister approves a leave of absence for the deputy chair, the authority may appoint another member to be the deputy chair during the leave of absence.
(sec.30-ssec.1) The Minister may approve a leave of absence for a member.
(sec.30-ssec.2) The Minister may appoint another person to act in the office of the member during the leave of absence.
(sec.30-ssec.3) Subsection (2) does not limit the power of the Governor in Council, under the Acts Interpretation Act 1954 , section 25 (1) (b) (v) to appoint a person to act in the office during the leave of absence.
(sec.30-ssec.4) If the Minister approves a leave of absence for the deputy chair, the authority may appoint another member to be the deputy chair during the leave of absence.
sec.31
Resignation
sec.31 Resignation
A member may resign by signed notice given to the Minister.
The resignation takes effect on—
the day the notice is given; or
if a later day is stated in the notice—the later day.
(sec.31-ssec.1) A member may resign by signed notice given to the Minister.
(sec.31-ssec.2) The resignation takes effect on— the day the notice is given; or if a later day is stated in the notice—the later day.
(a) the day the notice is given; or
(b) if a later day is stated in the notice—the later day.
pt.2-div.6
Chief executive officer
Chief executive officer
sec.32
Appointment
sec.32 Appointment
The authority must have a chief executive officer.
The chief executive officer is appointed by the Governor in Council, on recommendation from the Minister after consultation with the authority.
(sec.32-ssec.1) The authority must have a chief executive officer.
(sec.32-ssec.2) The chief executive officer is appointed by the Governor in Council, on recommendation from the Minister after consultation with the authority.
sec.33
Term of appointment
sec.33 Term of appointment
The chief executive officer is appointed for the term, of not more than 5 years, stated in the chief executive officer’s instrument of appointment.
sec.34
Conditions of appointment
sec.34 Conditions of appointment
The chief executive officer is to be paid the remuneration and allowances decided by the Governor in Council.
For matters not provided for in this Act, the chief executive officer holds office on the terms and conditions of appointment decided by the Governor in Council.
(sec.34-ssec.1) The chief executive officer is to be paid the remuneration and allowances decided by the Governor in Council.
(sec.34-ssec.2) For matters not provided for in this Act, the chief executive officer holds office on the terms and conditions of appointment decided by the Governor in Council.
sec.35
Preservation of existing rights and entitlements
sec.35 Preservation of existing rights and entitlements
The Public Sector Act 2022 does not apply to the chief executive officer’s appointment.
However, if a person appointed as chief executive officer was, immediately before taking up the appointment, a public service employee—
the person is entitled to retain all existing and accruing rights as if service as the chief executive officer were a continuation of service as a public service employee; and
the person retains all existing and accruing rights relating to superannuation.
If a person is appointed as a public service employee and was, immediately before taking up the appointment, the chief executive officer of the authority, the person’s service as chief executive officer must be regarded as service as a public service employee.
s 35 amd 2016 No. 64 s 79 sch 1 ; 2022 No. 34 s 365 sch 3
(sec.35-ssec.1) The Public Sector Act 2022 does not apply to the chief executive officer’s appointment.
(sec.35-ssec.2) However, if a person appointed as chief executive officer was, immediately before taking up the appointment, a public service employee— the person is entitled to retain all existing and accruing rights as if service as the chief executive officer were a continuation of service as a public service employee; and the person retains all existing and accruing rights relating to superannuation.
(sec.35-ssec.3) If a person is appointed as a public service employee and was, immediately before taking up the appointment, the chief executive officer of the authority, the person’s service as chief executive officer must be regarded as service as a public service employee.
(a) the person is entitled to retain all existing and accruing rights as if service as the chief executive officer were a continuation of service as a public service employee; and
(b) the person retains all existing and accruing rights relating to superannuation.
sec.36
Responsibilities
sec.36 Responsibilities
The chief executive officer is, subject to direction of the authority through its chair, responsible for the effective and efficient administration and operation of the authority.
Without limiting subsection (1) , the chief executive officer’s responsibilities include managing staff of the authority in accordance with the requirements of—
this Act; and
for staff employed by the authority under the Public Sector Act 2022 —that Act.
s 36 amd 2022 No. 34 s 365 sch 3
(sec.36-ssec.1) The chief executive officer is, subject to direction of the authority through its chair, responsible for the effective and efficient administration and operation of the authority.
(sec.36-ssec.2) Without limiting subsection (1) , the chief executive officer’s responsibilities include managing staff of the authority in accordance with the requirements of— this Act; and for staff employed by the authority under the Public Sector Act 2022 —that Act.
(a) this Act; and
(b) for staff employed by the authority under the Public Sector Act 2022 —that Act.
sec.37
Delegation of responsibilities
sec.37 Delegation of responsibilities
The chief executive officer may delegate a function, power or responsibility of the office to an appropriately qualified employee of the authority.
sec.38
Acting chief executive officer
sec.38 Acting chief executive officer
The Minister may appoint a person to act as the chief executive officer—
during a vacancy in the office of chief executive officer; or
during any period when the chief executive officer is absent from duty or can not, for another reason, perform the functions of the office.
Subsection (1) does not limit the power of the Governor in Council, under the Acts Interpretation Act 1954 , section 25 (1) (b) (v) to appoint a person to act in the office.
(sec.38-ssec.1) The Minister may appoint a person to act as the chief executive officer— during a vacancy in the office of chief executive officer; or during any period when the chief executive officer is absent from duty or can not, for another reason, perform the functions of the office.
(sec.38-ssec.2) Subsection (1) does not limit the power of the Governor in Council, under the Acts Interpretation Act 1954 , section 25 (1) (b) (v) to appoint a person to act in the office.
(a) during a vacancy in the office of chief executive officer; or
(b) during any period when the chief executive officer is absent from duty or can not, for another reason, perform the functions of the office.
sec.39
Resignation
sec.39 Resignation
The chief executive officer may resign by signed notice given to the Minister.
The resignation takes effect on—
the day the notice is given; or
if a later day is stated in the notice—the later day.
(sec.39-ssec.1) The chief executive officer may resign by signed notice given to the Minister.
(sec.39-ssec.2) The resignation takes effect on— the day the notice is given; or if a later day is stated in the notice—the later day.
(a) the day the notice is given; or
(b) if a later day is stated in the notice—the later day.
pt.2-div.7
Staff
Staff
sec.40
Employment of staff under Public Sector Act 2022
sec.40 Employment of staff under Public Sector Act 2022
The authority may employ staff as it considers appropriate to perform its functions or exercise its powers.
Subject to section 41 , staff of the authority are appointed under the Public Sector Act 2022 .
s 40 amd 2022 No. 34 s 365 sch 3
(sec.40-ssec.1) The authority may employ staff as it considers appropriate to perform its functions or exercise its powers.
(sec.40-ssec.2) Subject to section 41 , staff of the authority are appointed under the Public Sector Act 2022 .
sec.41
Employment of staff on casual basis
sec.41 Employment of staff on casual basis
The authority may employ staff on a casual basis under this section to help the authority perform its functions under division 2 .
Staff employed by the authority under this section are—
entitled to be paid the remuneration and allowances decided by the Governor in Council; and
not subject to any industrial instrument or any determination or rule of an industrial tribunal; and
subject to the direction and control of the chief executive officer.
To remove any doubt, it is declared that a person employed under this section may be simultaneously employed in another capacity under the Public Sector Act 2022 .
In this section—
industrial instrument see the Industrial Relations Act 2016 , schedule 5 .
s 41 amd 2016 No. 63 s 1157 sch 6 ; 2022 No. 34 s 365 sch 3
(sec.41-ssec.1) The authority may employ staff on a casual basis under this section to help the authority perform its functions under division 2 .
(sec.41-ssec.2) Staff employed by the authority under this section are— entitled to be paid the remuneration and allowances decided by the Governor in Council; and not subject to any industrial instrument or any determination or rule of an industrial tribunal; and subject to the direction and control of the chief executive officer.
(sec.41-ssec.3) To remove any doubt, it is declared that a person employed under this section may be simultaneously employed in another capacity under the Public Sector Act 2022 .
(sec.41-ssec.4) In this section— industrial instrument see the Industrial Relations Act 2016 , schedule 5 .
(a) entitled to be paid the remuneration and allowances decided by the Governor in Council; and
(b) not subject to any industrial instrument or any determination or rule of an industrial tribunal; and
(c) subject to the direction and control of the chief executive officer.
pt.2-div.8
Criminal history
Criminal history
sec.42
Criminal history report
sec.42 Criminal history report
The Minister may investigate—
a member, or prospective member, to decide if the person is disqualified under section 29 from being, or becoming, a member; or
a prospective chief executive officer, to decide if the person is an appropriate person for performing the functions, exercising the powers or carrying out the responsibilities, of the chief executive officer; or
the chief executive officer, to decide whether to terminate the person’s appointment as chief executive officer under section 32 .
Without limiting subsection (1) , the Minister may ask the commissioner of police for—
a written report about the criminal history of a person mentioned in subsection (1) (a) to (c) ; and
a brief description of the circumstances of a conviction mentioned in the criminal history.
However, the Minister may make the request only if the person about whom the report will be created has given the Minister written consent for the request.
The commissioner of police must comply with the request.
However, the duty to comply applies only to information in the commissioner’s possession or to which the commissioner has access.
The Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.
(sec.42-ssec.1) The Minister may investigate— a member, or prospective member, to decide if the person is disqualified under section 29 from being, or becoming, a member; or a prospective chief executive officer, to decide if the person is an appropriate person for performing the functions, exercising the powers or carrying out the responsibilities, of the chief executive officer; or the chief executive officer, to decide whether to terminate the person’s appointment as chief executive officer under section 32 .
(sec.42-ssec.2) Without limiting subsection (1) , the Minister may ask the commissioner of police for— a written report about the criminal history of a person mentioned in subsection (1) (a) to (c) ; and a brief description of the circumstances of a conviction mentioned in the criminal history.
(sec.42-ssec.3) However, the Minister may make the request only if the person about whom the report will be created has given the Minister written consent for the request.
(sec.42-ssec.4) The commissioner of police must comply with the request.
(sec.42-ssec.5) However, the duty to comply applies only to information in the commissioner’s possession or to which the commissioner has access.
(sec.42-ssec.6) The Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.
(a) a member, or prospective member, to decide if the person is disqualified under section 29 from being, or becoming, a member; or
(b) a prospective chief executive officer, to decide if the person is an appropriate person for performing the functions, exercising the powers or carrying out the responsibilities, of the chief executive officer; or
(c) the chief executive officer, to decide whether to terminate the person’s appointment as chief executive officer under section 32 .
(a) a written report about the criminal history of a person mentioned in subsection (1) (a) to (c) ; and
(b) a brief description of the circumstances of a conviction mentioned in the criminal history.
sec.43
Criminal history reports confidential
sec.43 Criminal history reports confidential
This section applies to a person who possesses a report, or information contained in a report, given under section 42 , because the person is or was an officer, employee or agent of the department or the authority.
The person must not, directly or indirectly, disclose the report or information to any other person unless the disclosure is permitted under subsection (3) .
Maximum penalty—100 penalty units.
The person is permitted to disclose the report or information to another person—
to the extent necessary to perform the person’s functions under this Act; or
if the disclosure is authorised under an Act; or
if the disclosure is otherwise required or permitted by law; or
if the person to whom the disclosure relates consents to the disclosure; or
if the disclosure is in a form that does not identify the person to whom the information relates; or
if the information is, or has been, lawfully accessible to the public.
(sec.43-ssec.1) This section applies to a person who possesses a report, or information contained in a report, given under section 42 , because the person is or was an officer, employee or agent of the department or the authority.
(sec.43-ssec.2) The person must not, directly or indirectly, disclose the report or information to any other person unless the disclosure is permitted under subsection (3) . Maximum penalty—100 penalty units.
(sec.43-ssec.3) The person is permitted to disclose the report or information to another person— to the extent necessary to perform the person’s functions under this Act; or if the disclosure is authorised under an Act; or if the disclosure is otherwise required or permitted by law; or if the person to whom the disclosure relates consents to the disclosure; or if the disclosure is in a form that does not identify the person to whom the information relates; or if the information is, or has been, lawfully accessible to the public.
(a) to the extent necessary to perform the person’s functions under this Act; or
(b) if the disclosure is authorised under an Act; or
(c) if the disclosure is otherwise required or permitted by law; or
(d) if the person to whom the disclosure relates consents to the disclosure; or
(e) if the disclosure is in a form that does not identify the person to whom the information relates; or
(f) if the information is, or has been, lawfully accessible to the public.
sec.44
Changes in criminal history must be disclosed
sec.44 Changes in criminal history must be disclosed
If there is a change in the criminal history of a person who is a member or the chief executive officer, the person must, unless the person has a reasonable excuse, immediately give notice (the notice ) of the change to the Minister.
Maximum penalty—100 penalty units.
The notice must include all of the following—
the existence of the conviction;
when the offence was committed;
details adequate to identify the offence;
the sentence imposed on the person.
If a person does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires one.
(sec.44-ssec.1) If there is a change in the criminal history of a person who is a member or the chief executive officer, the person must, unless the person has a reasonable excuse, immediately give notice (the notice ) of the change to the Minister. Maximum penalty—100 penalty units.
(sec.44-ssec.2) The notice must include all of the following— the existence of the conviction; when the offence was committed; details adequate to identify the offence; the sentence imposed on the person.
(sec.44-ssec.3) If a person does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires one.
(a) the existence of the conviction;
(b) when the offence was committed;
(c) details adequate to identify the offence;
(d) the sentence imposed on the person.
pt.2-div.9
Reporting
Reporting
sec.45
Financial reporting
sec.45 Financial reporting
For each financial year, the authority must develop and adopt a budget and give it to the Minister by the required day.
During a financial year, the authority may develop, adopt and give the Minister amendments of the approved budget for the year.
A budget or budget amendment has no effect until the Minister approves it.
The authority must comply with its approved budget, as amended by any approved budget amendment, for the financial year.
In this section—
required day means the day directed by the Minister.
(sec.45-ssec.1) For each financial year, the authority must develop and adopt a budget and give it to the Minister by the required day.
(sec.45-ssec.2) During a financial year, the authority may develop, adopt and give the Minister amendments of the approved budget for the year.
(sec.45-ssec.3) A budget or budget amendment has no effect until the Minister approves it.
(sec.45-ssec.4) The authority must comply with its approved budget, as amended by any approved budget amendment, for the financial year.
(sec.45-ssec.5) In this section— required day means the day directed by the Minister.
sec.46
Annual report
sec.46 Annual report
The authority’s annual report, under the FA Act , must include details of—
each request made by the chief executive under section 66 during the year; and
each request made by the Minister under section 70 during the year to which the report relates; and
each direction given by the Minister under section 72 or 73 during the year; and
each statement of expectations issued during the year; and
each notice given by the Minister under section 75 during the year; and
a document or information given by the authority under section 75 during the year; and
each delegation of power to the authority under the National Vocational Education and Training Regulator Act 2011 (Cwlth) , section 224 during the year.
(a) each request made by the chief executive under section 66 during the year; and
(b) each request made by the Minister under section 70 during the year to which the report relates; and
(c) each direction given by the Minister under section 72 or 73 during the year; and
(d) each statement of expectations issued during the year; and
(e) each notice given by the Minister under section 75 during the year; and
(f) a document or information given by the authority under section 75 during the year; and
(g) each delegation of power to the authority under the National Vocational Education and Training Regulator Act 2011 (Cwlth) , section 224 during the year.
pt.3
Student accounts
Student accounts
pt.3-div.1
Preliminary
Preliminary
sec.47
Definitions for pt 3
sec.47 Definitions for pt 3
In this part—
authorised agent , of a provider, see section 59 (1) .
eligible option see the E(GP) Act , section 232 .
exempt provider means an entity that—
provides certification studies that are not a component of an eligible option; and
does not provide educational instruction in the certification studies in Queensland.
planning activities means—
planning activities under the E(GP) Act , section 6 ; and
monitoring by the chief executive of the effectiveness of education provided in Queensland for enabling persons to obtain a certificate of achievement.
provider means each of the following—
a provider for an eligible option within the meaning of the E(GP) Act , section 232 ;
an entity that, in Queensland—
provides educational instruction in, or carries out assessment of persons for, certification studies that are not a component of an eligible option; and
issues persons’ results in the certification studies;
an exempt provider.
re-engagement activities see the E(GP) Act , section 6 .
(a) provides certification studies that are not a component of an eligible option; and
(b) does not provide educational instruction in the certification studies in Queensland.
(a) planning activities under the E(GP) Act , section 6 ; and
(b) monitoring by the chief executive of the effectiveness of education provided in Queensland for enabling persons to obtain a certificate of achievement.
(a) a provider for an eligible option within the meaning of the E(GP) Act , section 232 ;
(b) an entity that, in Queensland— (i) provides educational instruction in, or carries out assessment of persons for, certification studies that are not a component of an eligible option; and (ii) issues persons’ results in the certification studies;
(i) provides educational instruction in, or carries out assessment of persons for, certification studies that are not a component of an eligible option; and
(ii) issues persons’ results in the certification studies;
(c) an exempt provider.
(i) provides educational instruction in, or carries out assessment of persons for, certification studies that are not a component of an eligible option; and
(ii) issues persons’ results in the certification studies;
sec.48
Meaning of student account
sec.48 Meaning of student account
A student account is a record kept for a person to record information about—
the person’s results in certification studies; and
for a person in the compulsory participation phase—the person’s participation in eligible options during the compulsory participation phase.
(a) the person’s results in certification studies; and
(b) for a person in the compulsory participation phase—the person’s participation in eligible options during the compulsory participation phase.
sec.49
Meaning of student account phase
sec.49 Meaning of student account phase
A young person is in the student account phase if—
the person is in the compulsory participation phase; or
the person is not yet in the compulsory participation phase but a student account has been opened for the person.
(a) the person is in the compulsory participation phase; or
(b) the person is not yet in the compulsory participation phase but a student account has been opened for the person.
sec.50
Purposes for which student accounts kept
sec.50 Purposes for which student accounts kept
Student accounts are kept for the following purposes—
supporting the authority in performing its functions under sections 15 and 17 ;
making information available to the chief executive to enable the chief executive to carry on planning activities;
for student accounts kept for young persons in the compulsory participation phase—making information available to the chief executive to enable the chief executive to carry on re-engagement activities.
s 50 amd 2018 No. 1 s 139
(a) supporting the authority in performing its functions under sections 15 and 17 ;
(b) making information available to the chief executive to enable the chief executive to carry on planning activities;
(c) for student accounts kept for young persons in the compulsory participation phase—making information available to the chief executive to enable the chief executive to carry on re-engagement activities.
pt.3-div.2
Opening student accounts
Opening student accounts
sec.51
Obligation to open student account for young persons entering compulsory participation phase
sec.51 Obligation to open student account for young persons entering compulsory participation phase
A student account must be opened for a young person within 1 year before the start of the person’s compulsory participation phase.
The student account must be opened for the young person by—
if the person is enrolled with a school—the school’s principal; or
otherwise—the chief executive.
The principal or chief executive opens the student account for the young person by giving the authority the information about the person prescribed under a regulation.
(sec.51-ssec.1) A student account must be opened for a young person within 1 year before the start of the person’s compulsory participation phase.
(sec.51-ssec.2) The student account must be opened for the young person by— if the person is enrolled with a school—the school’s principal; or otherwise—the chief executive.
(sec.51-ssec.3) The principal or chief executive opens the student account for the young person by giving the authority the information about the person prescribed under a regulation.
(a) if the person is enrolled with a school—the school’s principal; or
(b) otherwise—the chief executive.
sec.52
Obligation to open student account for particular young persons
sec.52 Obligation to open student account for particular young persons
This section applies if—
the authority receives information from a provider under section 56 (1) about a young person who is in the compulsory participation phase; and
no student account is open for the person.
The authority must—
request the provider give it further information prescribed under a regulation; and
as soon as practicable after the provider gives the further information to the authority—open a student account for the young person.
(sec.52-ssec.1) This section applies if— the authority receives information from a provider under section 56 (1) about a young person who is in the compulsory participation phase; and no student account is open for the person.
(sec.52-ssec.2) The authority must— request the provider give it further information prescribed under a regulation; and as soon as practicable after the provider gives the further information to the authority—open a student account for the young person.
(a) the authority receives information from a provider under section 56 (1) about a young person who is in the compulsory participation phase; and
(b) no student account is open for the person.
(a) request the provider give it further information prescribed under a regulation; and
(b) as soon as practicable after the provider gives the further information to the authority—open a student account for the young person.
sec.53
Student accounts may be opened for students of recognised schools
sec.53 Student accounts may be opened for students of recognised schools
A student account may be opened for a person who is enrolled to undertake certification studies at a recognised school.
The recognised school, or the chief executive, opens the student account for the person by giving the authority the information about the person prescribed under a regulation.
(sec.53-ssec.1) A student account may be opened for a person who is enrolled to undertake certification studies at a recognised school.
(sec.53-ssec.2) The recognised school, or the chief executive, opens the student account for the person by giving the authority the information about the person prescribed under a regulation.
sec.54
Student accounts may be opened for other persons in particular circumstances
sec.54 Student accounts may be opened for other persons in particular circumstances
This section applies if a person wishes to have a student account opened for the person but is not—
in the student account phase; or
of compulsory school age or younger.
The person may give the information about the person prescribed under a regulation to—
the chief executive; or
if the person is enrolled in certification studies with a provider other than an exempt provider—the provider.
When the person gives the chief executive, or the provider, information under subsection (2) the person may ask the chief executive or provider to open the account for the person.
The chief executive or the provider opens the account for the person by giving the authority the information given by the person under subsection (2) .
In this section—
compulsory school age see the E(GP) Act , section 9 .
(sec.54-ssec.1) This section applies if a person wishes to have a student account opened for the person but is not— in the student account phase; or of compulsory school age or younger.
(sec.54-ssec.2) The person may give the information about the person prescribed under a regulation to— the chief executive; or if the person is enrolled in certification studies with a provider other than an exempt provider—the provider.
(sec.54-ssec.3) When the person gives the chief executive, or the provider, information under subsection (2) the person may ask the chief executive or provider to open the account for the person.
(sec.54-ssec.4) The chief executive or the provider opens the account for the person by giving the authority the information given by the person under subsection (2) .
(sec.54-ssec.5) In this section— compulsory school age see the E(GP) Act , section 9 .
(a) in the student account phase; or
(b) of compulsory school age or younger.
(a) the chief executive; or
(b) if the person is enrolled in certification studies with a provider other than an exempt provider—the provider.
sec.55
Authority must assign account number etc.
sec.55 Authority must assign account number etc.
After a student account is opened for a person, the authority must—
assign a number (the account number ) for the student account; and
give the entity that opened the account a notice stating the account number and that the account has been opened for the person.
(a) assign a number (the account number ) for the student account; and
(b) give the entity that opened the account a notice stating the account number and that the account has been opened for the person.
pt.3-div.3
Provision of student account information to authority
Provision of student account information to authority
sec.56
Obligation to notify enrolments
sec.56 Obligation to notify enrolments
If a young person in the student account phase enrols with a provider in a program or course that is a component of an eligible option, the provider must give the authority the information about the person prescribed under a regulation.
Subsection (3) applies if—
a person for whom a student account is open enrols with a provider, other than an exempt provider, in certification studies; and
the provider has the account number for the person’s student account; and
the provider is not required to give the authority information under subsection (1) .
The provider must give the authority the information about the person prescribed under a regulation.
If a person for whom a student account is open enrols in certification studies at a recognised school and the recognised school has the account number for the person’s student account, the recognised school must give the authority the information about the person prescribed under a regulation.
(sec.56-ssec.1) If a young person in the student account phase enrols with a provider in a program or course that is a component of an eligible option, the provider must give the authority the information about the person prescribed under a regulation.
(sec.56-ssec.2) Subsection (3) applies if— a person for whom a student account is open enrols with a provider, other than an exempt provider, in certification studies; and the provider has the account number for the person’s student account; and the provider is not required to give the authority information under subsection (1) .
(sec.56-ssec.3) The provider must give the authority the information about the person prescribed under a regulation.
(sec.56-ssec.4) If a person for whom a student account is open enrols in certification studies at a recognised school and the recognised school has the account number for the person’s student account, the recognised school must give the authority the information about the person prescribed under a regulation.
(a) a person for whom a student account is open enrols with a provider, other than an exempt provider, in certification studies; and
(b) the provider has the account number for the person’s student account; and
(c) the provider is not required to give the authority information under subsection (1) .
sec.57
Obligation to notify result information
sec.57 Obligation to notify result information
This section applies if a person is, or was, enrolled in certification studies with a provider or a recognised school.
The provider or recognised school must give the authority, at the time and in the way prescribed under a regulation, result information about the person if—
for a provider—either—
the person is in the student account phase; or
a student account is open for the person and the provider has the account number for the person’s student account; or
for a recognised school—a student account is open for the person and the recognised school has the account number for the person’s student account.
In this section—
result information , about a person, means—
the results of the assessment of the person, carried out by a provider or recognised school for certification studies; and
when the results were achieved; and
the qualifications the provider or recognised school conferred on the person and when the qualifications were conferred; and
if the information is being given by a recognised school—
any qualifications for certification studies that have been conferred on the person by another entity; and
when the qualifications were conferred.
(sec.57-ssec.1) This section applies if a person is, or was, enrolled in certification studies with a provider or a recognised school.
(sec.57-ssec.2) The provider or recognised school must give the authority, at the time and in the way prescribed under a regulation, result information about the person if— for a provider—either— the person is in the student account phase; or a student account is open for the person and the provider has the account number for the person’s student account; or for a recognised school—a student account is open for the person and the recognised school has the account number for the person’s student account.
(sec.57-ssec.3) In this section— result information , about a person, means— the results of the assessment of the person, carried out by a provider or recognised school for certification studies; and when the results were achieved; and the qualifications the provider or recognised school conferred on the person and when the qualifications were conferred; and if the information is being given by a recognised school— any qualifications for certification studies that have been conferred on the person by another entity; and when the qualifications were conferred.
(a) for a provider—either— (i) the person is in the student account phase; or (ii) a student account is open for the person and the provider has the account number for the person’s student account; or
(i) the person is in the student account phase; or
(ii) a student account is open for the person and the provider has the account number for the person’s student account; or
(b) for a recognised school—a student account is open for the person and the recognised school has the account number for the person’s student account.
(i) the person is in the student account phase; or
(ii) a student account is open for the person and the provider has the account number for the person’s student account; or
(a) the results of the assessment of the person, carried out by a provider or recognised school for certification studies; and
(b) when the results were achieved; and
(c) the qualifications the provider or recognised school conferred on the person and when the qualifications were conferred; and
(d) if the information is being given by a recognised school— (i) any qualifications for certification studies that have been conferred on the person by another entity; and (ii) when the qualifications were conferred.
(i) any qualifications for certification studies that have been conferred on the person by another entity; and
(ii) when the qualifications were conferred.
(i) any qualifications for certification studies that have been conferred on the person by another entity; and
(ii) when the qualifications were conferred.
sec.58
Obligation to notify other matters
sec.58 Obligation to notify other matters
This section applies if—
a person in the student account phase is, or was, enrolled with a provider; or
a person is, or was, enrolled in certification studies with a provider or recognised school and—
a student account is open for the person; and
the provider or recognised school has the account number for the person’s student account; and
for a provider—the person is not in the student account phase.
The provider or recognised school must, at the time and in the way prescribed under a regulation—
if the provider or recognised school is aware that information about the person recorded in the person’s student account was, or has become, incorrect—give the authority the correct information; and
if the provider or recognised school is aware that information it previously gave the authority about the person’s enrolment or results in certification studies was incorrect or has been incorrectly recorded in the person’s student account—give the authority the correct information about the enrolment or results; and
if the person stops being enrolled with the provider or recognised school—inform the authority as to when the person stopped being enrolled; and
if the person is in the student account phase and the provider or recognised school becomes aware the person has died—inform the authority that the person has died.
s 58 amd 2014 No. 25 s 223 sch 1 pt 2
(sec.58-ssec.1) This section applies if— a person in the student account phase is, or was, enrolled with a provider; or a person is, or was, enrolled in certification studies with a provider or recognised school and— a student account is open for the person; and the provider or recognised school has the account number for the person’s student account; and for a provider—the person is not in the student account phase.
(sec.58-ssec.2) The provider or recognised school must, at the time and in the way prescribed under a regulation— if the provider or recognised school is aware that information about the person recorded in the person’s student account was, or has become, incorrect—give the authority the correct information; and if the provider or recognised school is aware that information it previously gave the authority about the person’s enrolment or results in certification studies was incorrect or has been incorrectly recorded in the person’s student account—give the authority the correct information about the enrolment or results; and if the person stops being enrolled with the provider or recognised school—inform the authority as to when the person stopped being enrolled; and if the person is in the student account phase and the provider or recognised school becomes aware the person has died—inform the authority that the person has died.
(a) a person in the student account phase is, or was, enrolled with a provider; or
(b) a person is, or was, enrolled in certification studies with a provider or recognised school and— (i) a student account is open for the person; and (ii) the provider or recognised school has the account number for the person’s student account; and (iii) for a provider—the person is not in the student account phase.
(i) a student account is open for the person; and
(ii) the provider or recognised school has the account number for the person’s student account; and
(iii) for a provider—the person is not in the student account phase.
(i) a student account is open for the person; and
(ii) the provider or recognised school has the account number for the person’s student account; and
(iii) for a provider—the person is not in the student account phase.
(a) if the provider or recognised school is aware that information about the person recorded in the person’s student account was, or has become, incorrect—give the authority the correct information; and
(b) if the provider or recognised school is aware that information it previously gave the authority about the person’s enrolment or results in certification studies was incorrect or has been incorrectly recorded in the person’s student account—give the authority the correct information about the enrolment or results; and
(c) if the person stops being enrolled with the provider or recognised school—inform the authority as to when the person stopped being enrolled; and
(d) if the person is in the student account phase and the provider or recognised school becomes aware the person has died—inform the authority that the person has died.
sec.59
Authorised agent may give notice on behalf of provider
sec.59 Authorised agent may give notice on behalf of provider
A provider may enter into a written agreement with another entity (the authorised agent ) under which the other entity is authorised to act as the provider’s agent for complying with the provider’s obligations to give the authority information (the required information ) under this part.
If the authorised agent gives the authority the required information on the provider’s behalf—
the provider is taken to have complied with its obligation to give the required information under this part; and
the required information is taken to have been given by the provider.
(sec.59-ssec.1) A provider may enter into a written agreement with another entity (the authorised agent ) under which the other entity is authorised to act as the provider’s agent for complying with the provider’s obligations to give the authority information (the required information ) under this part.
(sec.59-ssec.2) If the authorised agent gives the authority the required information on the provider’s behalf— the provider is taken to have complied with its obligation to give the required information under this part; and the required information is taken to have been given by the provider.
(a) the provider is taken to have complied with its obligation to give the required information under this part; and
(b) the required information is taken to have been given by the provider.
pt.3-div.4
Authority to record information in student accounts
Authority to record information in student accounts
sec.60
Authority must record information
sec.60 Authority must record information
The authority must record in a person’s student account information about the person received by the authority—
under division 2 or 3 ; or
from the person.
The authority may also record in a person’s student account information required for a purpose mentioned in section 50 .
s 60 amd 2018 No. 1 s 140
(sec.60-ssec.1) The authority must record in a person’s student account information about the person received by the authority— under division 2 or 3 ; or from the person.
(sec.60-ssec.2) The authority may also record in a person’s student account information required for a purpose mentioned in section 50 .
(a) under division 2 or 3 ; or
(b) from the person.
pt.3-div.5
Use of student account information by authority
Use of student account information by authority
sec.61
Authority may use student account information
sec.61 Authority may use student account information
The authority may use information recorded in a student account to perform its functions under sections 15 and 17 .
s 61 amd 2018 No. 1 s 141
pt.3-div.6
Authority must allow access to student account information
Authority must allow access to student account information
sec.62
Access to information—providers
sec.62 Access to information—providers
This section applies to a provider with which a person (the person ), for whom a student account is open, is enrolled in certification studies.
If the provider is a school, the authority must give the provider access to all information recorded in the person’s student account, to help the provider—
comply with section 58 ; and
manage the education program provided to the person.
If the provider is not a school, the authority must give the provider access to—
information about the person, prescribed under a regulation, that is recorded in the person’s student account; and
information about certification studies in which the person is, or was, enrolled with the provider.
The purpose of giving access to a provider under subsection (3) is to—
help the provider comply with section 58 ; and
enable the provider to verify information, prescribed under a regulation, that it holds about the person, for ensuring information it provides to the authority under this part relates to the correct person for whom a student account is kept.
The authority must give the authorised agent of a provider access to information about the person, prescribed under a regulation, that is recorded in the student account.
The purpose of giving access to the authorised agent of a provider under subsection (5) is to enable the agent to verify information about the person, prescribed under a regulation, that the agent has been given by the provider, for ensuring the information notified to the authority under this part relates to the correct person for whom a student account is kept.
(sec.62-ssec.1) This section applies to a provider with which a person (the person ), for whom a student account is open, is enrolled in certification studies.
(sec.62-ssec.2) If the provider is a school, the authority must give the provider access to all information recorded in the person’s student account, to help the provider— comply with section 58 ; and manage the education program provided to the person.
(sec.62-ssec.3) If the provider is not a school, the authority must give the provider access to— information about the person, prescribed under a regulation, that is recorded in the person’s student account; and information about certification studies in which the person is, or was, enrolled with the provider.
(sec.62-ssec.4) The purpose of giving access to a provider under subsection (3) is to— help the provider comply with section 58 ; and enable the provider to verify information, prescribed under a regulation, that it holds about the person, for ensuring information it provides to the authority under this part relates to the correct person for whom a student account is kept.
(sec.62-ssec.5) The authority must give the authorised agent of a provider access to information about the person, prescribed under a regulation, that is recorded in the student account.
(sec.62-ssec.6) The purpose of giving access to the authorised agent of a provider under subsection (5) is to enable the agent to verify information about the person, prescribed under a regulation, that the agent has been given by the provider, for ensuring the information notified to the authority under this part relates to the correct person for whom a student account is kept.
(a) comply with section 58 ; and
(b) manage the education program provided to the person.
(a) information about the person, prescribed under a regulation, that is recorded in the person’s student account; and
(b) information about certification studies in which the person is, or was, enrolled with the provider.
(a) help the provider comply with section 58 ; and
(b) enable the provider to verify information, prescribed under a regulation, that it holds about the person, for ensuring information it provides to the authority under this part relates to the correct person for whom a student account is kept.
sec.63
Access to information—recognised schools
sec.63 Access to information—recognised schools
The authority must give a recognised school access to all information recorded in a student account kept for a person enrolled at the recognised school in certification studies.
The purpose of giving the access to the recognised school under subsection (1) is to—
help the recognised school comply with section 58 ; and
manage the education program provided for the person.
(sec.63-ssec.1) The authority must give a recognised school access to all information recorded in a student account kept for a person enrolled at the recognised school in certification studies.
(sec.63-ssec.2) The purpose of giving the access to the recognised school under subsection (1) is to— help the recognised school comply with section 58 ; and manage the education program provided for the person.
(a) help the recognised school comply with section 58 ; and
(b) manage the education program provided for the person.
sec.64
Access to information by person for whom student account kept
sec.64 Access to information by person for whom student account kept
The authority must give a person access to information recorded in a student account kept for the person.
pt.3-div.7
Disclosure of student account information by authority
Disclosure of student account information by authority
sec.65
Disclosure to providers and recognised schools
sec.65 Disclosure to providers and recognised schools
The authority may disclose information kept in a student account, prescribed under a regulation, to the following entities, to the extent necessary for the authority to ensure the accuracy of the information—
a provider the authority reasonably believes is able to confirm the accuracy of the information;
for a student account for a person enrolled in certification studies at a recognised school—the recognised school.
However, the authority may disclose information about the enrolment or results, in certification studies, of the person for whom the student account is kept only to the provider or recognised school for the studies.
If the authority discloses information under subsection (2) , the provider or recognised school must, as soon as practicable—
determine whether the disclosed information is correct; and
if the disclosed information is incorrect—
change the information in the student account so that it is correct; and
give the person for whom the student account is kept a notice about the change.
(sec.65-ssec.1) The authority may disclose information kept in a student account, prescribed under a regulation, to the following entities, to the extent necessary for the authority to ensure the accuracy of the information— a provider the authority reasonably believes is able to confirm the accuracy of the information; for a student account for a person enrolled in certification studies at a recognised school—the recognised school.
(sec.65-ssec.2) However, the authority may disclose information about the enrolment or results, in certification studies, of the person for whom the student account is kept only to the provider or recognised school for the studies.
(sec.65-ssec.3) If the authority discloses information under subsection (2) , the provider or recognised school must, as soon as practicable— determine whether the disclosed information is correct; and if the disclosed information is incorrect— change the information in the student account so that it is correct; and give the person for whom the student account is kept a notice about the change.
(a) a provider the authority reasonably believes is able to confirm the accuracy of the information;
(b) for a student account for a person enrolled in certification studies at a recognised school—the recognised school.
(a) determine whether the disclosed information is correct; and
(b) if the disclosed information is incorrect— (i) change the information in the student account so that it is correct; and (ii) give the person for whom the student account is kept a notice about the change.
(i) change the information in the student account so that it is correct; and
(ii) give the person for whom the student account is kept a notice about the change.
(i) change the information in the student account so that it is correct; and
(ii) give the person for whom the student account is kept a notice about the change.
sec.66
Disclosure to chief executive
sec.66 Disclosure to chief executive
To enable the chief executive to carry on planning activities, the authority must give the chief executive, on request, aggregated student account information.
To enable the chief executive to carry on re-engagement activities, the authority must give the chief executive, on request, information prescribed under a regulation about a stated young person or all young persons who, according to the person’s or persons’ student accounts—
is or are in the compulsory participation phase; and
has or have stopped being enrolled with a provider in a course or program that is a component of an eligible option; and
has or have not re-enrolled with a provider in a course or program that is a component of an eligible option within 30 days after stopping the enrolment mentioned in paragraph (b) .
(sec.66-ssec.1) To enable the chief executive to carry on planning activities, the authority must give the chief executive, on request, aggregated student account information.
(sec.66-ssec.2) To enable the chief executive to carry on re-engagement activities, the authority must give the chief executive, on request, information prescribed under a regulation about a stated young person or all young persons who, according to the person’s or persons’ student accounts— is or are in the compulsory participation phase; and has or have stopped being enrolled with a provider in a course or program that is a component of an eligible option; and has or have not re-enrolled with a provider in a course or program that is a component of an eligible option within 30 days after stopping the enrolment mentioned in paragraph (b) .
(a) is or are in the compulsory participation phase; and
(b) has or have stopped being enrolled with a provider in a course or program that is a component of an eligible option; and
(c) has or have not re-enrolled with a provider in a course or program that is a component of an eligible option within 30 days after stopping the enrolment mentioned in paragraph (b) .
sec.67
Disclosure to particular entities
sec.67 Disclosure to particular entities
The authority must give a relevant entity the aggregated student account information prescribed under a regulation relating to the entity.
The authority must give the relevant entity the information under subsection (1) at the time prescribed under a regulation.
In this section—
relevant entity means any of the following—
ISQ;
CEQL;
the training chief executive.
s 67 amd 2014 No. 25 s 223 sch 1 pt 2 ; 2025 No. 24 s 39ZR
(sec.67-ssec.1) The authority must give a relevant entity the aggregated student account information prescribed under a regulation relating to the entity.
(sec.67-ssec.2) The authority must give the relevant entity the information under subsection (1) at the time prescribed under a regulation.
(sec.67-ssec.3) In this section— relevant entity means any of the following— ISQ; CEQL; the training chief executive.
(a) ISQ;
(b) CEQL;
(c) the training chief executive.
sec.68
Disclosure to training chief executive
sec.68 Disclosure to training chief executive
The authority must give the training chief executive information prescribed under a regulation, to enable the training department to comply with its reporting obligations under an agreement, prescribed under a regulation, between the State and the Commonwealth.
The authority must give the training chief executive the information at the time and in the way prescribed under a regulation.
s 68 amd 2014 No. 25 s 223 sch 1 pt 2
(sec.68-ssec.1) The authority must give the training chief executive information prescribed under a regulation, to enable the training department to comply with its reporting obligations under an agreement, prescribed under a regulation, between the State and the Commonwealth.
(sec.68-ssec.2) The authority must give the training chief executive the information at the time and in the way prescribed under a regulation.
pt.3-div.8
Miscellaneous
Miscellaneous
sec.69
Chief executive may delegate functions
sec.69 Chief executive may delegate functions
The chief executive may delegate the chief executive’s functions and powers under this part to an appropriately qualified officer or employee of the department or the training department.
A delegation of a function or power may permit the subdelegation of the function or power to an appropriately qualified officer or employee of the department or the training department.
s 69 amd 2014 No. 25 s 223 sch 1 pt 2
(sec.69-ssec.1) The chief executive may delegate the chief executive’s functions and powers under this part to an appropriately qualified officer or employee of the department or the training department.
(sec.69-ssec.2) A delegation of a function or power may permit the subdelegation of the function or power to an appropriately qualified officer or employee of the department or the training department.
pt.4
Minister’s powers
Minister’s powers
sec.70
Minister may request authority report on its performance
sec.70 Minister may request authority report on its performance
The Minister may request the authority report to the Minister about the efficiency, effectiveness, economy and timeliness of the authority and its systems and processes, including its operational processes.
The authority must—
comply with a request made by the Minister under subsection (1) ; and
give its report to the Minister in the way, and at the time, required by the Minister.
(sec.70-ssec.1) The Minister may request the authority report to the Minister about the efficiency, effectiveness, economy and timeliness of the authority and its systems and processes, including its operational processes.
(sec.70-ssec.2) The authority must— comply with a request made by the Minister under subsection (1) ; and give its report to the Minister in the way, and at the time, required by the Minister.
(a) comply with a request made by the Minister under subsection (1) ; and
(b) give its report to the Minister in the way, and at the time, required by the Minister.
sec.71
Minister may refer matter for investigation
sec.71 Minister may refer matter for investigation
If the Minister considers it appropriate, the Minister may refer a matter relevant to the authority’s functions to the authority for investigation.
The authority must—
investigate the matter; and
after completing its investigation—give the Minister a written report about the matter.
The authority’s report may include a recommendation about the amendment of, or addition to, its functions.
(sec.71-ssec.1) If the Minister considers it appropriate, the Minister may refer a matter relevant to the authority’s functions to the authority for investigation.
(sec.71-ssec.2) The authority must— investigate the matter; and after completing its investigation—give the Minister a written report about the matter.
(sec.71-ssec.3) The authority’s report may include a recommendation about the amendment of, or addition to, its functions.
(a) investigate the matter; and
(b) after completing its investigation—give the Minister a written report about the matter.
sec.72
Minister may give direction in the public interest
sec.72 Minister may give direction in the public interest
The Minister may give the authority a written direction about a matter relevant to the performance of its functions, if the Minister is satisfied it is necessary, in the public interest, to give the direction.
The authority must comply with a direction given by the Minister under subsection (1) .
Without limiting subsection (1) , the direction may be that the authority must—
develop or purchase—
a syllabus for stated school subjects; or
a stated type of kindergarten guideline; or
comply with a policy, standard or other instrument applying to a public sector unit; or
comply with another document including, for example, another policy, standard or instrument.
However, the Minister can not give a direction to the authority about any of the following matters—
the content of syllabuses or kindergarten guidelines;
the accreditation of kindergarten guidelines;
the recording of a particular person’s results in certification studies on a certificate of achievement or a statement of results;
the issue of a certificate of achievement prescribed under a regulation to a particular person.
(sec.72-ssec.1) The Minister may give the authority a written direction about a matter relevant to the performance of its functions, if the Minister is satisfied it is necessary, in the public interest, to give the direction.
(sec.72-ssec.2) The authority must comply with a direction given by the Minister under subsection (1) .
(sec.72-ssec.3) Without limiting subsection (1) , the direction may be that the authority must— develop or purchase— a syllabus for stated school subjects; or a stated type of kindergarten guideline; or comply with a policy, standard or other instrument applying to a public sector unit; or comply with another document including, for example, another policy, standard or instrument.
(sec.72-ssec.4) However, the Minister can not give a direction to the authority about any of the following matters— the content of syllabuses or kindergarten guidelines; the accreditation of kindergarten guidelines; the recording of a particular person’s results in certification studies on a certificate of achievement or a statement of results; the issue of a certificate of achievement prescribed under a regulation to a particular person.
(a) develop or purchase— (i) a syllabus for stated school subjects; or (ii) a stated type of kindergarten guideline; or
(i) a syllabus for stated school subjects; or
(ii) a stated type of kindergarten guideline; or
(b) comply with a policy, standard or other instrument applying to a public sector unit; or
(c) comply with another document including, for example, another policy, standard or instrument.
(i) a syllabus for stated school subjects; or
(ii) a stated type of kindergarten guideline; or
(a) the content of syllabuses or kindergarten guidelines;
(b) the accreditation of kindergarten guidelines;
(c) the recording of a particular person’s results in certification studies on a certificate of achievement or a statement of results;
(d) the issue of a certificate of achievement prescribed under a regulation to a particular person.
sec.73
Minister may give directions about intellectual property
sec.73 Minister may give directions about intellectual property
The Minister may give the authority a written direction about either of the following—
a product—
containing intellectual property held by the authority; or
for which the authority holds a licence;
a service provided by the authority that relates to a product mentioned in paragraph (a) .
Without limiting subsection (1) , the direction may be about any of the following—
the commercial exploitation of a product or service mentioned in subsection (1) ;
the granting of a licence to the State;
the conditions on which a licence is to be granted to the State, including a condition that no fee is payable by the State for the licence;
that a licence not be granted to an entity other than the State;
the receipt or payment of monies.
The authority must comply with a direction given by the Minister under subsection (1) .
In this section—
commercially exploit includes sell.
(sec.73-ssec.1) The Minister may give the authority a written direction about either of the following— a product— containing intellectual property held by the authority; or for which the authority holds a licence; a service provided by the authority that relates to a product mentioned in paragraph (a) .
(sec.73-ssec.2) Without limiting subsection (1) , the direction may be about any of the following— the commercial exploitation of a product or service mentioned in subsection (1) ; the granting of a licence to the State; the conditions on which a licence is to be granted to the State, including a condition that no fee is payable by the State for the licence; that a licence not be granted to an entity other than the State; the receipt or payment of monies.
(sec.73-ssec.3) The authority must comply with a direction given by the Minister under subsection (1) .
(sec.73-ssec.4) In this section— commercially exploit includes sell.
(a) a product— (i) containing intellectual property held by the authority; or (ii) for which the authority holds a licence;
(i) containing intellectual property held by the authority; or
(ii) for which the authority holds a licence;
(b) a service provided by the authority that relates to a product mentioned in paragraph (a) .
(i) containing intellectual property held by the authority; or
(ii) for which the authority holds a licence;
(a) the commercial exploitation of a product or service mentioned in subsection (1) ;
(b) the granting of a licence to the State;
(c) the conditions on which a licence is to be granted to the State, including a condition that no fee is payable by the State for the licence;
(d) that a licence not be granted to an entity other than the State;
(e) the receipt or payment of monies.
sec.74
Minister may issue statement of expectations
sec.74 Minister may issue statement of expectations
The Minister may issue a written statement (a statement of expectations ) to the authority stating the Minister’s expectations for the performance by the authority of its functions.
A statement of expectations may—
apply for a particular period stated in the statement; and
include provisions about any of the following—
the authority’s strategic or operational activities;
the key priorities for the authority;
the authority’s reporting to the Minister about its strategic or operational activities;
the way in which the authority performs its functions or exercises its powers.
The authority must have regard to a statement of expectations in performing its functions or exercising its powers.
(sec.74-ssec.1) The Minister may issue a written statement (a statement of expectations ) to the authority stating the Minister’s expectations for the performance by the authority of its functions.
(sec.74-ssec.2) A statement of expectations may— apply for a particular period stated in the statement; and include provisions about any of the following— the authority’s strategic or operational activities; the key priorities for the authority; the authority’s reporting to the Minister about its strategic or operational activities; the way in which the authority performs its functions or exercises its powers.
(sec.74-ssec.3) The authority must have regard to a statement of expectations in performing its functions or exercising its powers.
(a) apply for a particular period stated in the statement; and
(b) include provisions about any of the following— (i) the authority’s strategic or operational activities; (ii) the key priorities for the authority; (iii) the authority’s reporting to the Minister about its strategic or operational activities; (iv) the way in which the authority performs its functions or exercises its powers.
(i) the authority’s strategic or operational activities;
(ii) the key priorities for the authority;
(iii) the authority’s reporting to the Minister about its strategic or operational activities;
(iv) the way in which the authority performs its functions or exercises its powers.
(i) the authority’s strategic or operational activities;
(ii) the key priorities for the authority;
(iii) the authority’s reporting to the Minister about its strategic or operational activities;
(iv) the way in which the authority performs its functions or exercises its powers.
sec.75
Minister may require authority to give documents or information
sec.75 Minister may require authority to give documents or information
The Minister may, by notice, require the authority to give the Minister documents or information stated in the notice that are relevant to the authority’s functions.
The authority must comply with a requirement of the Minister under subsection (1) .
(sec.75-ssec.1) The Minister may, by notice, require the authority to give the Minister documents or information stated in the notice that are relevant to the authority’s functions.
(sec.75-ssec.2) The authority must comply with a requirement of the Minister under subsection (1) .
sec.76
Delegation
sec.76 Delegation
The Minister may delegate a function or power of the Minister under this Act to an appropriately qualified entity.
However, the Minister can not delegate the following functions or powers under this Act—
the power to give a direction to the authority;
the power to refer a matter to the authority for investigation;
the power to require the authority, or a committee of the authority, to give documents or information;
the responsibility for monitoring the authority’s performance.
(sec.76-ssec.1) The Minister may delegate a function or power of the Minister under this Act to an appropriately qualified entity.
(sec.76-ssec.2) However, the Minister can not delegate the following functions or powers under this Act— the power to give a direction to the authority; the power to refer a matter to the authority for investigation; the power to require the authority, or a committee of the authority, to give documents or information; the responsibility for monitoring the authority’s performance.
(a) the power to give a direction to the authority;
(b) the power to refer a matter to the authority for investigation;
(c) the power to require the authority, or a committee of the authority, to give documents or information;
(d) the responsibility for monitoring the authority’s performance.
pt.5
Review of decisions
Review of decisions
pt.5-div.1
Preliminary
Preliminary
sec.77
Who may apply for review
sec.77 Who may apply for review
A person who is given, or is entitled to be given, an information notice for a reviewable decision may apply for a review of the decision.
sec.78
Review process starts with internal review
sec.78 Review process starts with internal review
The review must, in the first instance, be by way of an internal review.
pt.5-div.2
Internal review
Internal review
sec.79
Internal review application
sec.79 Internal review application
An internal review application must—
be in writing; and
state fully the grounds of the application; and
be made within 14 days after—
the day the applicant receives the information notice for the reviewable decision; or
if the applicant does not receive the information notice—the day the applicant becomes aware of the decision.
Despite subsection (1) (c) , the authority may at any time extend the time within which a person may apply for an internal review of a reviewable decision.
(sec.79-ssec.1) An internal review application must— be in writing; and state fully the grounds of the application; and be made within 14 days after— the day the applicant receives the information notice for the reviewable decision; or if the applicant does not receive the information notice—the day the applicant becomes aware of the decision.
(sec.79-ssec.2) Despite subsection (1) (c) , the authority may at any time extend the time within which a person may apply for an internal review of a reviewable decision.
(a) be in writing; and
(b) state fully the grounds of the application; and
(c) be made within 14 days after— (i) the day the applicant receives the information notice for the reviewable decision; or (ii) if the applicant does not receive the information notice—the day the applicant becomes aware of the decision.
(i) the day the applicant receives the information notice for the reviewable decision; or
(ii) if the applicant does not receive the information notice—the day the applicant becomes aware of the decision.
(i) the day the applicant receives the information notice for the reviewable decision; or
(ii) if the applicant does not receive the information notice—the day the applicant becomes aware of the decision.
sec.80
Internal review officer
sec.80 Internal review officer
The authority must, as soon as reasonably practicable after receiving an internal review application, appoint an internal review officer to review the reviewable decision.
The internal review officer must not be the person who assisted the authority in making the reviewable decision.
In reviewing the reviewable decision, the internal review officer must—
have regard to documents or information the officer reasonably considers relevant to the decision, including the reasons for the decision and the documents or information on which it was based; and
give the applicant a reasonable opportunity to make oral or written submissions to the officer.
The internal review officer must, within 7 days after the authority receives the internal review application, make a written recommendation to the authority about the reviewable decision.
(sec.80-ssec.1) The authority must, as soon as reasonably practicable after receiving an internal review application, appoint an internal review officer to review the reviewable decision.
(sec.80-ssec.2) The internal review officer must not be the person who assisted the authority in making the reviewable decision.
(sec.80-ssec.3) In reviewing the reviewable decision, the internal review officer must— have regard to documents or information the officer reasonably considers relevant to the decision, including the reasons for the decision and the documents or information on which it was based; and give the applicant a reasonable opportunity to make oral or written submissions to the officer.
(sec.80-ssec.4) The internal review officer must, within 7 days after the authority receives the internal review application, make a written recommendation to the authority about the reviewable decision.
(a) have regard to documents or information the officer reasonably considers relevant to the decision, including the reasons for the decision and the documents or information on which it was based; and
(b) give the applicant a reasonable opportunity to make oral or written submissions to the officer.
sec.81
Internal review decision
sec.81 Internal review decision
Within 7 days after receiving the written recommendation mentioned in section 80 (4) , the authority must make a decision under this section (an internal review decision ).
However, the authority is not required to follow the written recommendation.
The internal review decision must—
confirm the reviewable decision; or
amend the reviewable decision; or
substitute another decision for the reviewable decision.
Within 7 days after making the internal review decision, the authority must give the applicant notice (the review notice ) of the decision.
The review notice must comply with the QCAT Act , section 157 (2) .
If the authority does not give the review notice within 7 days after making the internal review decision, it is taken to have confirmed the reviewable decision.
(sec.81-ssec.1) Within 7 days after receiving the written recommendation mentioned in section 80 (4) , the authority must make a decision under this section (an internal review decision ).
(sec.81-ssec.2) However, the authority is not required to follow the written recommendation.
(sec.81-ssec.3) The internal review decision must— confirm the reviewable decision; or amend the reviewable decision; or substitute another decision for the reviewable decision.
(sec.81-ssec.4) Within 7 days after making the internal review decision, the authority must give the applicant notice (the review notice ) of the decision.
(sec.81-ssec.5) The review notice must comply with the QCAT Act , section 157 (2) .
(sec.81-ssec.6) If the authority does not give the review notice within 7 days after making the internal review decision, it is taken to have confirmed the reviewable decision.
(a) confirm the reviewable decision; or
(b) amend the reviewable decision; or
(c) substitute another decision for the reviewable decision.
pt.5-div.3
External review
External review
sec.82
Who may apply for external review
sec.82 Who may apply for external review
A person who is dissatisfied with an internal review decision under division 2 may apply to QCAT for an external review.
sec.83
Application for external review
sec.83 Application for external review
An application to QCAT under section 82 must be made in the way provided under the QCAT Act .
pt.6
Miscellaneous
Miscellaneous
sec.84
Protection from civil liability
sec.84 Protection from civil liability
The following persons are not civilly liable for an act done, or omission made, honestly and without negligence under this Act—
the Minister;
a member;
if a member of a committee of the authority is not a member of the authority—the committee member;
the chief executive officer;
an employee of the authority.
If subsection (1) prevents a civil liability attaching to a person, the liability attaches instead to the State.
(sec.84-ssec.1) The following persons are not civilly liable for an act done, or omission made, honestly and without negligence under this Act— the Minister; a member; if a member of a committee of the authority is not a member of the authority—the committee member; the chief executive officer; an employee of the authority.
(sec.84-ssec.2) If subsection (1) prevents a civil liability attaching to a person, the liability attaches instead to the State.
(a) the Minister;
(b) a member;
(c) if a member of a committee of the authority is not a member of the authority—the committee member;
(d) the chief executive officer;
(e) an employee of the authority.
sec.85
Confidentiality
sec.85 Confidentiality
This section applies to a person who acquires information about another person (the other person )—
in performing a function or exercising a power under this Act; or
because of an opportunity provided by the performance of the person’s function, or the exercise of the person’s power, under this Act.
The person must not make a record of, or disclose, the information other than—
for a purpose of this Act; or
with the consent of the other person; or
in compliance with lawful process requiring production of documents to, or giving evidence before, a court or tribunal; or
as permitted or required by another Act.
Maximum penalty—50 penalty units.
In this section—
disclose , for information, includes give access to the information.
(sec.85-ssec.1) This section applies to a person who acquires information about another person (the other person )— in performing a function or exercising a power under this Act; or because of an opportunity provided by the performance of the person’s function, or the exercise of the person’s power, under this Act.
(sec.85-ssec.2) The person must not make a record of, or disclose, the information other than— for a purpose of this Act; or with the consent of the other person; or in compliance with lawful process requiring production of documents to, or giving evidence before, a court or tribunal; or as permitted or required by another Act. Maximum penalty—50 penalty units.
(sec.85-ssec.3) In this section— disclose , for information, includes give access to the information.
(a) in performing a function or exercising a power under this Act; or
(b) because of an opportunity provided by the performance of the person’s function, or the exercise of the person’s power, under this Act.
(a) for a purpose of this Act; or
(b) with the consent of the other person; or
(c) in compliance with lawful process requiring production of documents to, or giving evidence before, a court or tribunal; or
(d) as permitted or required by another Act.
sec.86
Approved forms
sec.86 Approved forms
The authority may approve forms for use under this Act.
sec.87
Principals must give particular test scripts to authority
sec.87 Principals must give particular test scripts to authority
This section applies if a school or a recognised school administers—
a test mentioned in section 13 (1) (a) or (b) ; or
a common national test.
The principal of the school or recognised school must give the authority the test script of each student of the school or recognised school who undertook the test.
(sec.87-ssec.1) This section applies if a school or a recognised school administers— a test mentioned in section 13 (1) (a) or (b) ; or a common national test.
(sec.87-ssec.2) The principal of the school or recognised school must give the authority the test script of each student of the school or recognised school who undertook the test.
(a) a test mentioned in section 13 (1) (a) or (b) ; or
(b) a common national test.
sec.87A
Principals must give particular assessment documents to authority
sec.87A Principals must give particular assessment documents to authority
This section applies if—
a school or recognised school administers an assessment for a senior subject; and
the authority asks the principal of the school or recognised school to provide a copy of the documents relating to the assessment to enable the authority to perform its functions under section 14 .
The principal of the school or recognised school must give the authority a copy of the documents.
s 87A ins 2018 No. 1 s 142
(sec.87A-ssec.1) This section applies if— a school or recognised school administers an assessment for a senior subject; and the authority asks the principal of the school or recognised school to provide a copy of the documents relating to the assessment to enable the authority to perform its functions under section 14 .
(sec.87A-ssec.2) The principal of the school or recognised school must give the authority a copy of the documents.
(a) a school or recognised school administers an assessment for a senior subject; and
(b) the authority asks the principal of the school or recognised school to provide a copy of the documents relating to the assessment to enable the authority to perform its functions under section 14 .
sec.88
Authority must give notice of performance of particular functions
sec.88 Authority must give notice of performance of particular functions
The authority must give the Minister and the governing body of each non-State school a notice about—
a syllabus for a senior subject or P–10 subject that it purchases, develops or revises under section 9 or 10 ; or
a test that it develops, purchases or revises under section 13 (1) (a) or (b) ; or
a common national test that it participates in developing or revising under section 13 .
However, if a governing body of a non-State school makes a written request to the authority that a notice mentioned in subsection (1) be given to a nominated body instead of the governing body, the authority—
must comply with the request; and
if it complies with the request—is taken to have complied with its obligation under subsection (1) to give the notice to the governing body.
The authority must give a notice about a kindergarten guideline it purchases, develops, revises or accredits under section 11 to—
the Minister; and
each approved provider of an education and care service other than a service that provides education and care only to children of preparatory year age or older.
In this section—
preparatory year age , for a child, means the age at which the child is eligible for the preparatory year under the E(GP) Act .
(sec.88-ssec.1) The authority must give the Minister and the governing body of each non-State school a notice about— a syllabus for a senior subject or P–10 subject that it purchases, develops or revises under section 9 or 10 ; or a test that it develops, purchases or revises under section 13 (1) (a) or (b) ; or a common national test that it participates in developing or revising under section 13 .
(sec.88-ssec.2) However, if a governing body of a non-State school makes a written request to the authority that a notice mentioned in subsection (1) be given to a nominated body instead of the governing body, the authority— must comply with the request; and if it complies with the request—is taken to have complied with its obligation under subsection (1) to give the notice to the governing body.
(sec.88-ssec.3) The authority must give a notice about a kindergarten guideline it purchases, develops, revises or accredits under section 11 to— the Minister; and each approved provider of an education and care service other than a service that provides education and care only to children of preparatory year age or older.
(sec.88-ssec.4) In this section— preparatory year age , for a child, means the age at which the child is eligible for the preparatory year under the E(GP) Act .
(a) a syllabus for a senior subject or P–10 subject that it purchases, develops or revises under section 9 or 10 ; or
(b) a test that it develops, purchases or revises under section 13 (1) (a) or (b) ; or
(c) a common national test that it participates in developing or revising under section 13 .
(a) must comply with the request; and
(b) if it complies with the request—is taken to have complied with its obligation under subsection (1) to give the notice to the governing body.
(a) the Minister; and
(b) each approved provider of an education and care service other than a service that provides education and care only to children of preparatory year age or older.
sec.89
Disclosure of information
sec.89 Disclosure of information
The authority may—
require schools to give it information about the implementation of a common national test; and
disclose the information to ACARA to enable ACARA to prepare and publish its annual statement about common national test results and information.
In this section—
implement , for a common national test, means implement the test under a regulation made under the Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004 (Cwlth) .
information , about the implementation of a common national test, includes the following information—
the number of students who undertook the test;
the number of complaints received about the test and when the complaints were received;
an investigation into the complaints and the outcome of the investigation.
(sec.89-ssec.1) The authority may— require schools to give it information about the implementation of a common national test; and disclose the information to ACARA to enable ACARA to prepare and publish its annual statement about common national test results and information.
(sec.89-ssec.2) In this section— implement , for a common national test, means implement the test under a regulation made under the Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004 (Cwlth) . information , about the implementation of a common national test, includes the following information— the number of students who undertook the test; the number of complaints received about the test and when the complaints were received; an investigation into the complaints and the outcome of the investigation.
(a) require schools to give it information about the implementation of a common national test; and
(b) disclose the information to ACARA to enable ACARA to prepare and publish its annual statement about common national test results and information.
(a) the number of students who undertook the test;
(b) the number of complaints received about the test and when the complaints were received;
(c) an investigation into the complaints and the outcome of the investigation.
sec.90
Change in requirements for certification
sec.90 Change in requirements for certification
If the authority changes the requirements for issuing a certificate of achievement, or a statement of results, prescribed under a regulation, the authority must ensure that a person who was subject to the previous requirements and has become subject to the changed requirements is not disadvantaged by the change.
sec.91
Guidelines
sec.91 Guidelines
The authority may make guidelines about its functions.
However, a regulation may provide for particular matters about which a guideline may be made.
Also, a regulation may provide that the authority may make a guideline only with the approval of the Minister.
If a guideline is inconsistent with this Act, the guideline is invalid to the extent of the inconsistency.
A guideline—
must be notified in the way provided under a regulation; and
takes effect on the day it is notified or, if a later day is stated in the guideline, on the later day.
On the day a guideline is notified under subsection (5) (a) , or as soon as practicable after that day, copies of the guideline must be available to be purchased or otherwise obtained at each place stated in the notice as a place where a copy of the guideline may be obtained.
Failure to comply with subsection (6) does not affect the validity of the notification under subsection (5) (a) .
(sec.91-ssec.1) The authority may make guidelines about its functions.
(sec.91-ssec.2) However, a regulation may provide for particular matters about which a guideline may be made.
(sec.91-ssec.3) Also, a regulation may provide that the authority may make a guideline only with the approval of the Minister.
(sec.91-ssec.4) If a guideline is inconsistent with this Act, the guideline is invalid to the extent of the inconsistency.
(sec.91-ssec.5) A guideline— must be notified in the way provided under a regulation; and takes effect on the day it is notified or, if a later day is stated in the guideline, on the later day.
(sec.91-ssec.6) On the day a guideline is notified under subsection (5) (a) , or as soon as practicable after that day, copies of the guideline must be available to be purchased or otherwise obtained at each place stated in the notice as a place where a copy of the guideline may be obtained.
(sec.91-ssec.7) Failure to comply with subsection (6) does not affect the validity of the notification under subsection (5) (a) .
(a) must be notified in the way provided under a regulation; and
(b) takes effect on the day it is notified or, if a later day is stated in the guideline, on the later day.
sec.92
Regulation-making power
sec.92 Regulation-making power
The Governor in Council may make regulations under this Act.
A regulation may be made about any of the following—
the issuing of certificates of achievement and statements of results, including eligibility requirements for the issue of the certificates and statements;
the accreditation by the authority of kindergarten guidelines for implementation in education and care services;
the testing of persons;
the assessment of students for senior subjects;
procedures and arrangements for moderation;
deciding the equivalence, in the State, of a level of school education reached, or a school qualification obtained, by a person at an educational institution established outside the State;
the verification of information contained in a certificate of achievement or a statement of results issued to a person;
the opening, closing and recording of information in a student account for a person;
the obligation of entities to provide information to the authority for recording in a student account;
the disclosure of information recorded in a student account for a person or aggregated student account information;
fees, including the refunding of fees, under this Act.
Before recommending to the Governor in Council the making of a regulation about a matter mentioned in subsection (2) (i) , (j) or (k) , the Minister must consult—
ISQ; and
CEQL; and
the training chief executive.
s 92 amd 2014 No. 25 s 223 sch 1 pt 2 ; 2018 No. 1 s 143 ; 2025 No. 24 s 39ZS
(sec.92-ssec.1) The Governor in Council may make regulations under this Act.
(sec.92-ssec.2) A regulation may be made about any of the following— the issuing of certificates of achievement and statements of results, including eligibility requirements for the issue of the certificates and statements; the accreditation by the authority of kindergarten guidelines for implementation in education and care services; the testing of persons; the assessment of students for senior subjects; procedures and arrangements for moderation; deciding the equivalence, in the State, of a level of school education reached, or a school qualification obtained, by a person at an educational institution established outside the State; the verification of information contained in a certificate of achievement or a statement of results issued to a person; the opening, closing and recording of information in a student account for a person; the obligation of entities to provide information to the authority for recording in a student account; the disclosure of information recorded in a student account for a person or aggregated student account information; fees, including the refunding of fees, under this Act.
(sec.92-ssec.3) Before recommending to the Governor in Council the making of a regulation about a matter mentioned in subsection (2) (i) , (j) or (k) , the Minister must consult— ISQ; and CEQL; and the training chief executive.
(a) the issuing of certificates of achievement and statements of results, including eligibility requirements for the issue of the certificates and statements;
(b) the accreditation by the authority of kindergarten guidelines for implementation in education and care services;
(c) the testing of persons;
(d) the assessment of students for senior subjects;
(e) procedures and arrangements for moderation;
(f) deciding the equivalence, in the State, of a level of school education reached, or a school qualification obtained, by a person at an educational institution established outside the State;
(g) the verification of information contained in a certificate of achievement or a statement of results issued to a person;
(h) the opening, closing and recording of information in a student account for a person;
(i) the obligation of entities to provide information to the authority for recording in a student account;
(j) the disclosure of information recorded in a student account for a person or aggregated student account information;
(k) fees, including the refunding of fees, under this Act.
(a) ISQ; and
(b) CEQL; and
(c) the training chief executive.
pt.7
Repeal and transitional provisions
Repeal and transitional provisions
pt.7-div.1
Repeal
Repeal
sec.93
Repeal
sec.93 Repeal
The Education (Queensland Studies Authority) Act 2002 No. 1 is repealed.
pt.7-div.2
Transitional provisions for Act No. 3 of 2014
Transitional provisions for Act No. 3 of 2014
sec.94
Definitions for div 2
sec.94 Definitions for div 2
In this division—
commencement means the commencement of this section.
QSA means the Queensland Studies Authority under the repealed Act.
repealed Act means the Education (Queensland Studies Authority) Act 2002 .
sec.95
Dissolution of QSA
sec.95 Dissolution of QSA
On the commencement, the QSA is dissolved and its members cease to hold office.
sec.96
Authority is successor of QSA
sec.96 Authority is successor of QSA
The authority is the successor in law of the QSA.
sec.97
Transfer of assets and liabilities of QSA
sec.97 Transfer of assets and liabilities of QSA
This section applies to the assets and liabilities of the QSA immediately before the commencement.
On the commencement, the assets become the assets of the authority and the authority assumes the liabilities.
(sec.97-ssec.1) This section applies to the assets and liabilities of the QSA immediately before the commencement.
(sec.97-ssec.2) On the commencement, the assets become the assets of the authority and the authority assumes the liabilities.
sec.98
Records
sec.98 Records
This section applies to the records held or controlled by the QSA immediately before the commencement.
On the commencement, the records become the records of the authority.
(sec.98-ssec.1) This section applies to the records held or controlled by the QSA immediately before the commencement.
(sec.98-ssec.2) On the commencement, the records become the records of the authority.
sec.99
Director to be chief executive officer
sec.99 Director to be chief executive officer
This section applies to the person who, immediately before the commencement, held the office of director of the office of the QSA.
The person is taken to hold office as chief executive officer of the authority, on the same terms and conditions on which the person held office as the director immediately before the commencement.
The person’s existing and accruing entitlements continue as if service as the chief executive officer were service as the director.
The person holds office as the chief executive officer of the authority until the Governor in Council makes an appointment under section 32.
(sec.99-ssec.1) This section applies to the person who, immediately before the commencement, held the office of director of the office of the QSA.
(sec.99-ssec.2) The person is taken to hold office as chief executive officer of the authority, on the same terms and conditions on which the person held office as the director immediately before the commencement.
(sec.99-ssec.3) The person’s existing and accruing entitlements continue as if service as the chief executive officer were service as the director.
(sec.99-ssec.4) The person holds office as the chief executive officer of the authority until the Governor in Council makes an appointment under section 32.
sec.100
Casual staff
sec.100 Casual staff
This section applies to a person who was, immediately before the commencement, employed by the QSA on a casual basis under section 69A of the repealed Act.
The person is taken to have been employed by the authority under section 41, on the same terms and conditions on which the person was employed by the QSA.
(sec.100-ssec.1) This section applies to a person who was, immediately before the commencement, employed by the QSA on a casual basis under section 69A of the repealed Act.
(sec.100-ssec.2) The person is taken to have been employed by the authority under section 41, on the same terms and conditions on which the person was employed by the QSA.
sec.101
Proceedings
sec.101 Proceedings
The authority may continue and finish an existing proceeding.
A proceeding that could have been started by or against the QSA before the commencement may be started by or against the authority.
In this section—
existing proceeding means a proceeding that was—
started by or against the QSA before the commencement; and
not finished immediately before the commencement.
(sec.101-ssec.1) The authority may continue and finish an existing proceeding.
(sec.101-ssec.2) A proceeding that could have been started by or against the QSA before the commencement may be started by or against the authority.
(sec.101-ssec.3) In this section— existing proceeding means a proceeding that was— started by or against the QSA before the commencement; and not finished immediately before the commencement.
(a) started by or against the QSA before the commencement; and
(b) not finished immediately before the commencement.
sec.102
References to QSA
sec.102 References to QSA
In an Act or document, a reference to the QSA is taken, to the extent necessary and if the context permits, to be a reference to the authority.
sec.103
Existing 1–12 syllabuses
sec.103 Existing 1–12 syllabuses
This section applies to a 1–12 syllabus for which, immediately before the commencement, either of the following was in force—
a QSA approval under section 8(1)(c) of the repealed Act;
a QSA accreditation under section 9(a) of the repealed Act.
To the extent the 1–12 syllabus relates to a senior subject, it continues in force as a syllabus developed, purchased or revised by the authority under section 9, until it is repealed or replaced by the authority under that section.
To the extent the 1–12 syllabus relates to a P–10 subject, it continues in force as a syllabus developed, purchased or revised by the authority under section 10 until it is repealed or replaced by the authority under that section.
(sec.103-ssec.1) This section applies to a 1–12 syllabus for which, immediately before the commencement, either of the following was in force— a QSA approval under section 8(1)(c) of the repealed Act; a QSA accreditation under section 9(a) of the repealed Act.
(sec.103-ssec.2) To the extent the 1–12 syllabus relates to a senior subject, it continues in force as a syllabus developed, purchased or revised by the authority under section 9, until it is repealed or replaced by the authority under that section.
(sec.103-ssec.3) To the extent the 1–12 syllabus relates to a P–10 subject, it continues in force as a syllabus developed, purchased or revised by the authority under section 10 until it is repealed or replaced by the authority under that section.
(a) a QSA approval under section 8(1)(c) of the repealed Act;
(b) a QSA accreditation under section 9(a) of the repealed Act.
sec.104
Existing preparatory guidelines
sec.104 Existing preparatory guidelines
This section applies to a preparatory guideline for which, immediately before the commencement, either of the following was in force—
a QSA approval under section 8(1)(c) of the repealed Act;
a QSA accreditation under section 9(a) of the repealed Act.
The preparatory guideline continues in force as a syllabus developed, purchased or revised by the authority under section 10 until it is repealed or replaced by the authority under that section.
(sec.104-ssec.1) This section applies to a preparatory guideline for which, immediately before the commencement, either of the following was in force— a QSA approval under section 8(1)(c) of the repealed Act; a QSA accreditation under section 9(a) of the repealed Act.
(sec.104-ssec.2) The preparatory guideline continues in force as a syllabus developed, purchased or revised by the authority under section 10 until it is repealed or replaced by the authority under that section.
(a) a QSA approval under section 8(1)(c) of the repealed Act;
(b) a QSA accreditation under section 9(a) of the repealed Act.
sec.105
Existing kindergarten guidelines
sec.105 Existing kindergarten guidelines
This section applies to a kindergarten guideline for which, immediately before the commencement, either of the following was in force—
a QSA approval under section 8(1)(d) of the repealed Act;
a QSA accreditation under section 9(b) of the repealed Act.
The kindergarten guideline continues in force as a guideline developed, purchased or accredited by the authority under section 11 until it is repealed or replaced by the authority under that section.
(sec.105-ssec.1) This section applies to a kindergarten guideline for which, immediately before the commencement, either of the following was in force— a QSA approval under section 8(1)(d) of the repealed Act; a QSA accreditation under section 9(b) of the repealed Act.
(sec.105-ssec.2) The kindergarten guideline continues in force as a guideline developed, purchased or accredited by the authority under section 11 until it is repealed or replaced by the authority under that section.
(a) a QSA approval under section 8(1)(d) of the repealed Act;
(b) a QSA accreditation under section 9(b) of the repealed Act.
sec.106
Existing approved work programs
sec.106 Existing approved work programs
This section applies to a work program for which a QSA approval under section 13(2) of the repealed Act was in force immediately before the commencement.
The work program continues in force as a work program approved by the authority under section 15(1)(c) until the approval is repealed by the authority under that section.
(sec.106-ssec.1) This section applies to a work program for which a QSA approval under section 13(2) of the repealed Act was in force immediately before the commencement.
(sec.106-ssec.2) The work program continues in force as a work program approved by the authority under section 15(1)(c) until the approval is repealed by the authority under that section.
sec.107
Existing student accounts
sec.107 Existing student accounts
A student account kept by the QSA for a person immediately before the commencement is taken to be a student account kept for the person by the authority under part 3.
Notices and information given to the QSA under part 2A of the repealed Act before the commencement are taken to have been given to the authority under part 3.
If, immediately before the commencement, an entity was required to give, but had not given, the QSA a notice or information under part 2A of the repealed Act, the entity must give the notice or information to the authority as soon as reasonably practicable.
(sec.107-ssec.1) A student account kept by the QSA for a person immediately before the commencement is taken to be a student account kept for the person by the authority under part 3.
(sec.107-ssec.2) Notices and information given to the QSA under part 2A of the repealed Act before the commencement are taken to have been given to the authority under part 3.
(sec.107-ssec.3) If, immediately before the commencement, an entity was required to give, but had not given, the QSA a notice or information under part 2A of the repealed Act, the entity must give the notice or information to the authority as soon as reasonably practicable.
sec.108
Existing guidelines
sec.108 Existing guidelines
This section applies to a QSA guideline in force under section 78 of the repealed Act immediately before the commencement.
The guideline continues in force as a guideline of the authority under section 91 until it is repealed under that section.
If the guideline was approved by the Minister before the commencement and continues in force under this section, it is taken to have been approved by the Minister under this Act.
(sec.108-ssec.1) This section applies to a QSA guideline in force under section 78 of the repealed Act immediately before the commencement.
(sec.108-ssec.2) The guideline continues in force as a guideline of the authority under section 91 until it is repealed under that section.
(sec.108-ssec.3) If the guideline was approved by the Minister before the commencement and continues in force under this section, it is taken to have been approved by the Minister under this Act.
More sections below
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Education (Queensland Curriculum and Assessment Authority) Act 2014 .
sec.2 Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.3 Objects
sec.3 Objects
The objects of this Act are—
to help schools to achieve quality learning outcomes for their students; and
to help approved providers of education and care services to achieve quality learning outcomes for children who attend the services; and
to provide accurate and informative records of student achievement, including through the production of certificates of achievements and statements of results; and
to maintain public confidence in certificates of achievement and statements of results developed and administered by the authority.
(a) to help schools to achieve quality learning outcomes for their students; and
(b) to help approved providers of education and care services to achieve quality learning outcomes for children who attend the services; and
(c) to provide accurate and informative records of student achievement, including through the production of certificates of achievements and statements of results; and
(d) to maintain public confidence in certificates of achievement and statements of results developed and administered by the authority.
sec.4 Dictionary
sec.4 Dictionary
The dictionary in schedule 1 defines particular words used in this Act.
s 4 amd 2014 No. 3 s 114 sch 1 pt 1
pt.2 Queensland Curriculum and Assessment Authority
Queensland Curriculum and Assessment Authority
pt.2-div.1 Establishment and status
Establishment and status
sec.5 Establishment
sec.5 Establishment
The Queensland Curriculum and Assessment Authority (the authority ) is established.
The authority—
is a body corporate; and
has a common seal; and
may sue and be sued in its corporate name.
(sec.5-ssec.1) The Queensland Curriculum and Assessment Authority (the authority ) is established.
(sec.5-ssec.2) The authority— is a body corporate; and has a common seal; and may sue and be sued in its corporate name.
(a) is a body corporate; and
(b) has a common seal; and
(c) may sue and be sued in its corporate name.
Student accounts regime: Part 3 creates a persistent student account for persons to record results in certification studies and, for young persons in the compulsory participation phase, participation in eligible options. It prescribes who must open accounts, who must notify enrolments and results, what the authority must record, who can access recorded information, and the circumstances in which the authority may disclose aggregated or person‑level student account information to government entities and providers (ss 47-69).
Ministerial oversight: the Minister can require performance reports, request investigations, give directions in the public interest (with explicit restrictions), issue statements of expectations, and require documents or information. Certain Ministerial functions are non‑delegable (ss 70-76). The Minister also must approve the authority’s budget and certain real property agreements require Ministerial approval (s 20(2); s 45).
Administrative safeguards: the Act sets out an internal and external review pathway for reviewable decisions (Part 5), confidentiality and criminal-history handling rules with specified penalties for improper disclosure (ss 42-44, 85), and protections from civil liability for persons acting honestly and without negligence under the Act, with liability redirected to the State (s 84).
Operational detail is frequently left to regulation (s 92). The Act also repeals the previous Queensland Studies Authority statute and contains transitional provisions transferring assets, records, existing syllabuses, guidelines and student accounts to the new authority (ss 93-116). The Act therefore creates the institutional architecture for syllabus and assessment development, data collection and sharing for planning and re‑engagement, ministerial oversight of strategy and IP, and a framework of duties and rights applying to schools, providers, the authority and the Minister.
Main concepts
The Act organises around a small set of interlocking concepts that structure powers, duties and information flows.
Authority and State representation. The authority is a statutory body with the legal status and immunities of the State (s 6). This status affects liability and the authority’s ability to enter into contracts and commercial arrangements (ss 5, 20, 84).
Functions vs powers. The Act distinguishes functions (what the authority must or may do) from powers (how it does them). Functions include syllabus development, testing, assessment, certification, moderation, student accounts and tertiary‑entrance facilitation (ss 9-19). Powers are broadly conferred (all the powers of an individual) but with specific statutory constraints (for example, no real property agreements without Ministerial written approval: s 20(2)).
Student account and student account phase. A student account is a persistent record for a person’s certification results and, if the person is in the compulsory participation phase, participation in eligible options (ss 48-50). The student account phase encompasses persons in the compulsory participation phase and those for whom an account has been opened early (s 49).
Providers and recognised schools. “Provider” is defined broadly to include entities that provide eligible options, entities providing certification studies and exempt providers (s 47). Recognised schools are treated separately for access, reporting and particular functions (for example, principals of recognised schools must supply test scripts and assessment documents on request: ss 87-87A; access rules in ss 62-63).
Information flows and aggregation. The Act establishes mandatory reporting from providers and schools to the authority about enrolments, results and other matters, with timing and form to be prescribed by regulation (ss 56-58, 92). The authority has duties to record and may use student account information to perform certification and tertiary entrance functions (ss 60-61). Aggregated or prescribed student account data must be supplied to the chief executive for planning and re‑engagement, and to ISQ, CEQL and the training chief executive under regulation (ss 66-68).
Ministerial control instruments. The Minister has a suite of oversight instruments: requests for performance reports (s 70), referrals for investigation (s 71), directions in the public interest (s 72) subject to defined exceptions (s 72(4)), IP directions (s 73), statements of expectations (s 74), notices to produce documents (s 75), and power to delegate many but not all functions (s 76). The authority must comply with these directions and requests (ss 70, 72, 73, 75).
Confidentiality, criminal‑history and penalties. The Act sets out criminal‑history checking procedures (s 42), duties of confidentiality and specified penalties for improper disclosure (ss 43, 44, 85). The Minister must destroy criminal history reports once they are no longer required (s 42(6)).
Commercial exploitation and licence conditions. The authority may commercialise products it develops (s 18). The Minister’s power to direct on IP and licensing (s 73) can dictate commercial terms, including no‑fee licences to the State or restricting licenses to other entities.
Regulation as detail‑setter. Many operational, timing and form matters are delegated to regulation (s 92). This covers issuing certificates, accreditation of kindergarten guidelines, testing procedures, moderation, equivalence determinations for overseas qualifications, verification of certificates, student account mechanics, provider obligations to give information, disclosure of student account data and fees (s 92(2)).
Those concepts together create an institutional model: a State‑backed authority holding the central dataset (student accounts), operating curriculum and assessment instruments, empowered to commercialise outputs, subject to Ministerial strategic and IP direction, and with statutory duties imposed on providers, principals and schools to supply specified information and materials.
Who it affects
The Act prescribes roles, duties and rights for a discrete set of actors and therefore affects them in identifiable ways.
The authority itself. The body corporate (ss 5-7) must perform statutory functions (ss 9-19), manage student accounts (Part 3), issue certificates and statements of results (s 15), adopt and implement budgets subject to Ministerial approval (s 45), and comply with Ministerial directions and requests (ss 70-75). The authority may commercially exploit intellectual property (s 18) but must also follow IP directions from the Minister (s 73). It holds State status and associated immunities (s 6).
The Minister. The Minister can direct the authority on matters relevant to performance, request reports, refer matters for investigation, issue statements of expectations, require documents and direct on IP, subject to specific exclusions (ss 70-76). The Minister approves the authority’s budget (s 45) and may approve real‑property transactions indirectly by restricting authority power (s 20(2)).
The chief executive and members. Appointment, term, remuneration and responsibilities for the chief executive are prescribed (ss 32-39). Membership composition and appointment process are set (ss 22-31). Members and the chief executive are subject to criminal‑history checks and disclosure duties (ss 29, 42-44). Members are paid remuneration decided by Governor in Council (s 26).
Schools and recognised schools. Principals must open student accounts for young persons entering the compulsory participation phase (s 51), provide prescribed information and test scripts and assessment documents (ss 56-57, 87-87A), and have access rights to student account information (ss 62-63). Recognised schools have specific arrangements for information access and disclosure and for transitional accreditation issues (ss 62-63, 111-112).
Providers and authorised agents. Providers (including training providers and exempt providers) have mandatory information‑supply obligations when enrolled young persons in eligible options or when students undertake certification studies (ss 56-58). Providers may appoint authorised agents to comply with Part 3 obligations (s 59), and authorised agents’ submissions count as provider compliance (s 59(2)). Providers receive access to prescribed student account information to permit verification and compliance (s 62).
Young persons and other individuals. Student accounts are records for individuals (s 48). Persons for whom an account is kept have statutory rights of access to information recorded in their student account (s 64). Individuals may request copies of certificates previously issued (s 15(1)(e)) and, where requirements for certification change, the authority must ensure earlier subjects are not disadvantaged (s 90).
Departmental chief executive and training department. The authority must provide aggregated student account information to the chief executive on request for planning activities and prescribed information for re‑engagement (s 66). The authority must also provide prescribed aggregated data to ISQ, CEQL and the training chief executive (s 67), and prescribed information to the training chief executive to enable Commonwealth reporting (s 68).
Third parties and the State. ACARA may receive implementation information about common national tests from the authority (s 89). The Minister may direct the authority to grant licences to the State or set licence conditions such as a no‑fee licence (s 73). The authority’s commercial activities may thus produce outputs available to the State on Ministerially directed terms (ss 18, 73).
In sum, the Act creates a hub-and-spoke data and administrative model: a central authority holding statutory data (student accounts) and assessment outputs, schools and providers as obliged data suppliers and consumers of account data, the chief executive and departmental actors who use aggregated data for planning and re‑engagement, and the Minister with oversight instruments and IP controls. Parties who operate in the Queensland schooling and training ecosystem , non-State schools, State schools, training providers, and peak bodies named in the Act (ISQ, CEQL) , have defined statutory roles and data rights. The Act vests the authority with commercial and proprietary potential while subjecting it to Ministerial direction on key strategic and intellectual property matters.
Key duties and rights
The Act imposes precise duties and confers specific rights. These are ready to map for operational compliance.
Duties imposed on the authority
Perform functions set in ss 9-19 (syllabuses, testing, assessment, moderation, certification, student accounts, tertiary‑entrance facilitation).
Record and manage student accounts and deal with information as permitted or required by Part 3 (ss 16, 60).
Give notice of syllabus/testing/kindergarten‑guideline work to the Minister and governing bodies of non‑State schools when it purchases, develops or revises such instruments (s 88).
Comply with Ministerial directions under ss 70, 72, 73 and requests for documents under s 75 (ss 70(2), 72(2), 73(3), 75(2)).
Provide aggregated or prescribed student account information to the chief executive, ISQ, CEQL and the training chief executive as required (ss 66-68).
Adopt an annual budget and obtain Ministerial approval; comply with approved budget (s 45).
Ensure changes in certification requirements do not disadvantage persons subject to previous requirements (s 90).
Duties imposed on providers, schools and principals
Open student accounts as required for young persons entering compulsory participation phase; principals (for enrolled persons) or the chief executive otherwise must effect account opening by giving the authority prescribed information (s 51).
Providers must notify the authority of enrolments in eligible options and of result information for enrolled students in certification studies, in ways and at times prescribed by regulation (ss 56-57).
Providers and recognised schools must notify corrections, cessation of enrolment, and deaths, and correct previously supplied incorrect information in prescribed ways (s 58).
Principals must provide test scripts for certain tests and copies of assessment documents on request (ss 87, 87A).
Rights conferred to providers, schools and individuals
Access: providers (and their authorised agents) and recognised schools have rights to access student account information recorded about persons enrolled with them, with scope varying by provider type: schools get full access, non‑school providers receive prescribed personal information and information about certification studies undertaken with them (s 62). Recognised schools get full access (s 63). Individuals have a right to access their own student account information (s 64).
Authorised agents: a provider can appoint an authorised agent; information supplied by the agent is taken to be information given by the provider (s 59).
Review rights: persons given, or entitled to be given, an information notice for a reviewable decision may apply for review through the internal review process (Part 5 div 2) followed by external review to QCAT (ss 77-83). Internal review timelines are short and internally managed (ss 79-81).
Commercial exploitation: the authority has an explicit function to commercially exploit products and services it develops or licenses (s 18), subject to Ministerial directions (s 73).
Rights and duties around criminal history and confidentiality
The Minister may request a criminal‑history report about members, prospective members, or a prospective or sitting chief executive officer; the commissioner of police must comply to the extent information is available; the Minister must ensure destruction of the report once no longer needed (s 42).
Persons in possession of such criminal‑history reports (because they are officers, employees or agents) are prohibited from disclosing them except in limited, enumerated circumstances (s 43), with a maximum penalty of 100 penalty units (s 43(2)).
Members and the chief executive officer must disclose changes in their criminal history immediately to the Minister, subject to a maximum penalty of 100 penalty units (s 44).
Liability and immunity
Civil liability protection: the Minister, members, committee members (if not members), the chief executive officer and employees are not civilly liable for actions done honestly and without negligence under the Act; if a liability is prevented from attaching to the person, it attaches to the State instead (s 84).
Delegation and management rights
The authority may delegate functions and powers to appropriately qualified entities including members, committees, the chief executive officer and employees, with subdelegation allowed only if permitted by the delegation (s 21).
The chief executive officer may delegate functions, powers or responsibilities to appropriately qualified staff (s 37). The chief executive is responsible to the authority, via the chair, for the authority’s effective administration (s 36).
Regulatory dependence and Ministerial limits
Many operational matters (timing, forms, exact content of notices, obligations and fees) are to be set by regulation (s 92). The Minister may direct in the public interest but has explicit limits - e.g., cannot direct on the content of syllabuses, accreditation of kindergarten guidelines, recording or issuing a certificate to a particular person (s 72(4)).
These duties and rights set an operational framework that creates enforceable compliance tasks for providers and schools, information‑access and verification duties for the authority, short internal review timetables, and Ministerial levers over budgets, IP and strategic expectations.
Penalties and enforcement
The Act establishes criminal‑history procedures, confidentiality obligations and limited penalties, and sets enforcement by administrative commands, statutory duties and procedural sanctions rather than a broad suite of criminal penalties.
Express penalties
Criminal‑history confidentiality (s 43). A person who possesses a report or information under s 42 (because they are or were an officer, employee or agent of the department or the authority) must not disclose the report or information except as permitted. Maximum penalty: 100 penalty units (s 43(2)). Permitted disclosures are limited to performing functions under the Act, disclosures authorised under an Act, disclosures required by law, disclosures with consent of the subject, non‑identifying disclosures, or information already lawfully public (s 43(3)).
Changes in criminal history (s 44). Members and the chief executive officer must immediately notify the Minister of changes in their criminal history, unless they have a reasonable excuse. The notice must include specified details (existence, date, identity of the offence, sentence). Maximum penalty: 100 penalty units (s 44(1)-(2)).
General confidentiality (s 85). A person who acquires information about another person in performing functions or exercising powers under the Act must not record or disclose it except for purposes of the Act, with consent, by lawful process, or as permitted by another Act. Maximum penalty: 50 penalty units (s 85(2)).
Administrative enforcement and compliance mechanisms
Ministerial directions and requests: the authority must comply with Ministerial requests for performance reports (s 70(2)), directions in the public interest (s 72(2)), IP directions (s 73(3)), and notices to produce documents (s 75(2)). Non‑compliance would be an administrative breach with political and oversight consequences; the Act does not specify additional statutory penalties for failure to comply with these directions.
Budgetary control: the authority must have an approved budget and must comply with it (s 45); budget amendments have no effect until Ministerially approved. Financial compliance is enforced by this approval mechanism and by the authority’s status under the FA Act and SBFA Act (s 7).
Data‑accuracy duties and remedial steps: where the authority discloses information to a provider or recognised school to confirm accuracy, the recipient must determine correctness and, if incorrect, change the student account and notify the person as soon as practicable (s 65(3)). This imposes a statutory remedial duty rather than a penalty.
Obligations on providers and principals: duties to notify enrolments, results and changes (ss 56-58) are enforced by the scheme of statutory obligations and potential non‑compliance consequences (the Act makes the duties mandatory and ties timing and method to regulation). The Act itself does not list specific fines for these reporting failures in the sections reproduced, but other confidentiality and criminal‑history failures carry monetary penalties as noted.
Civil liability and State indemnity
Civil liability protection channels negligence‑based claims to the State: persons acting honestly and without negligence are not civilly liable under the Act, and if a liability is prevented from attaching to a person it attaches to the State (s 84(1)-(2)). This shifts civil litigation exposure away from individuals to the State.
Investigatory powers
Ministerial investigation power (s 42) includes the ability to ask the commissioner of police for a report; the commissioner must comply within the limits of available information. The Minister must destroy the report when no longer needed (s 42(6)).
Review and administrative remedy
Decisions described as reviewable are subject to an internal review first with tightly prescribed steps and timeframes (ss 79-81). External review is to QCAT (ss 82-83). These remedies provide administrative accountability and a process for persons affected by reviewable decisions to seek redress.
Practical enforcement architecture
The Act relies heavily on administrative command, information disclosure, statutory duties to correct and notify, and reputational and financial levers (budget approval and Ministerial direction) rather than a large catalogue of criminal sanctions. The most explicit criminal penalties relate to improper disclosure of criminal‑history information (100 penalty units), failure by members/CEO to notify criminal‑history changes (100 penalty units), and breaches of general confidentiality (50 penalty units).
For operational compliance, entities will need to track statutory timeframes, manage data security to avoid confidentiality breaches, comply with Ministerial requests and directions, and respond promptly to authority requests to verify or correct student account data.
How it interacts with other laws
The Act is constructed to sit inside Queensland’s broader education, financial accountability and regulatory framework. The text explicitly cross‑references multiple other Acts and creates transitional adjustments to maintain continuity.
Relationship with other Queensland Acts
Financial and statutory bodies legislation: the authority is declared a statutory body under the Financial Accountability Act and the Statutory Bodies Financial Arrangements Act (s 7). The SBFA Act part 2B is stated to set out how the authority’s powers are affected by that Act (s 7(2)). The authority’s budget process is also subject to Ministerial direction (s 45).
Public Sector Act 2022 and employment law: staff are employed under the Public Sector Act 2022 except as constrained by s 35 for the chief executive officer and subject to s 41 for casual staff (s 40). The chief executive officer’s appointment is not subject to the Public Sector Act 2022 (s 35(1)), and the Act preserves continuation of rights for persons moving between public service employment and the chief executive role (s 35(2)-(3)).
Education (General Provisions) Act (E(GP) Act) and accreditation legislation: the student account concept and eligible options are defined by reference to the E(GP) Act (see s 47 definitions and references in Part 3). Transitional provisions tie certain recognised school definitions and agreements back to the pre‑amended E(GP) Act (s 112). The Act also includes transitional interaction with the Education (Accreditation of Non‑State Schools) Act for schools with prior QSA curriculum model attributes (s 111).
Corporations Act: disqualification for membership includes being unable to manage a corporation because of Part 2D.6 of the Corporations Act (s 29(1)(c)). The Act imports corporate incapacity criteria for governance suitability.
National legislative interaction: the authority may exercise delegated powers under the National Vocational Education and Training Regulator Act 2011 s 224 (s 19(d)). The authority must supply the training chief executive with prescribed information to allow compliance with Commonwealth reporting obligations under an agreement prescribed by regulation (s 68). The authority may disclose implementation information to ACARA in relation to common national tests (s 89).
Regulation and delegated law
Regulation making power: the Governor in Council may make regulations about the issuing of certificates and statements, accreditation of kindergarten guidelines, testing, assessment, moderation, equivalence of overseas qualifications, verification of certificates, opening/closing student accounts, providers’ obligations to provide information, disclosure of student account data, and fees (s 92). Before recommending regulations relating to provider obligations and disclosure (s 92(2)(i)-(k)), the Minister must consult ISQ, CEQL and the training chief executive (s 92(3)).
Transitional continuity and repeal
The Act repeals the Education (Queensland Studies Authority) Act 2002 and provides explicit transitional provisions for continuity: the authority is successor in law to the QSA; assets, liabilities and records transfer; existing syllabuses, work programs, kindergarten guidelines and student accounts continue in force under the new authority until repealed or replaced (ss 93-108). These transitional provisions ensure legal continuity across the institutional change.
Administrative law and review
The Act incorporates internal review mechanisms (Part 5) and external review to QCAT, referencing the QCAT Act and specifying notice requirements for internal review outcomes (ss 79-83). This interacts with administrative law principles and the QCAT Act procedural rules.
Privacy and information law
While the Act creates data sharing pathways, it also imposes confidentiality duties (s 85) and limits on criminal‑history disclosure (ss 42-44, 43). The Act does not in the reproduced text expressly set out how it interacts with Queensland’s Information Privacy Act or Commonwealth privacy laws but does authorise specified disclosures to government entities and ACARA and permits disclosure where required by law (s 85(2)(c)). The regulation power (s 92) will determine technical interoperability and disclosure rules.
In short, the Act is not a freestanding regime; it is embedded into a web of existing State and Commonwealth instruments. Its practical effect will depend heavily on delegated regulations, Ministerial directions and the authority’s exercise of delegation and commercial powers within the constraints set by other statutes (FA Act, SBFA Act, Public Sector Act 2022, E(GP) Act, Corporations Act, NVET Regulator Act, Accreditation Act and relevant Commonwealth reporting agreements).
Amendment history
The Act text includes inline amendment notes and transitional insertions that identify the legislative changes made since the original enactment. The source material provides the following amendment references; each entry below is taken verbatim from the Act’s marginal notes.
s 4: amended 2014 No. 3 s 114 sch 1 pt 1 (dictionary entry note).
s 13: amended 2018 No. 1 s 136; 2025 No. 24 s 39ZP (testing functions).
s 13A: inserted 2018 No. 1 s 137 (assessment of students for senior subjects).
s 15: unchanged in marginal notes except as included in Part 2 functions.
s 16: amended 2018 No. 1 s 140 (student accounts functions).
s 17: sub 2018 No. 1 s 138 (tertiary entrance function).
s 18: no amendment marginal note beyond insertion in Pt 2.
s 22: s 22 amd 2025 No. 24 s 39ZQ (membership composition updated).
s 29: s 29 amd 2023 No. 23 s 247 sch 1 s 14 (disqualification).
s 35: s 35 amd 2016 No. 64 s 79 sch 1; 2022 No. 34 s 365 sch 3 (preservation of existing rights re Public Sector Act).
s 40: s 40 amd 2022 No. 34 s 365 sch 3 (employment under Public Sector Act 2022).
s 41: s 41 amd 2016 No. 63 s 1157 sch 6; 2022 No. 34 s 365 sch 3 (casual staff provisions).
s 45: no separate amendment note other than cross‑reference to Minister’s required day.
s 46: includes reporting obligations and amendment marginal notes s 46 amd.
s 50: s 50 amd 2018 No. 1 s 139 (purposes for which student accounts kept).
s 60: s 60 amd 2018 No. 1 s 140 (authority must record information).
s 61: s 61 amd 2018 No. 1 s 141 (use of student account information).
s 67: s 67 amd 2014 No. 25 s 223 sch 1 pt 2; 2025 No. 24 s 39ZR (disclosure to particular entities).
s 68: s 68 amd 2014 No. 25 s 223 sch 1 pt 2 (disclosure to training chief executive).
s 69: s 69 amd 2014 No. 25 s 223 sch 1 pt 2 (chief executive delegate).
s 73: no marginal note shown beyond the section.
s 74: no marginal note shown beyond the section.
s 75: no marginal note shown beyond the section.
s 92: s 92 amd 2014 No. 25 s 223 sch 1 pt 2; 2018 No. 1 s 143; 2025 No. 24 s 39ZS (regulation-making power).
Transitional amendments: Division in Pt 7 contains detailed transitional provisions (secs 93-116). Notable items: repeal of the QSA (s 93); successor status and transfer of assets/liabilities/records (ss 95-98); the director of the QSA taken as chief executive officer until Governor‑in‑Council appointment (s 99); continuity of existing syllabuses, guidelines, work programs and student accounts under the authority (ss 103-107, 108-110); and specific transitional adjustments following the Education (General Provisions) Amendment Act 2025 (secs 114-116).
These marginal notes record discrete legislative interventions across years including 2014, 2016, 2018, 2022, 2023 and 2025. They show the statutory architecture has been updated for matters such as assessment (2018 insertions), Public Sector Act interactions (2016, 2022), member composition and data disclosure recipients (2025), and membership disqualification criteria (2023). For precise textual history and the content of each amending instrument, a reader should refer to the cited amending Acts and schedules as indicated in the marginal notes.
Litigation history
The Act text provided contains no references to court decisions, judicial interpretations, or administrative tribunal rulings. It sets out statutory review paths (Part 5) that provide for internal review within the authority and external review by QCAT (ss 77-83). Beyond those internal and tribunal review mechanisms, the Act’s marginal notes record amendment history but do not record judicial treatment.
Therefore, based on the source as provided, there is no litigation history recorded within the Act’s text. Users requiring any case law interpreting this statute must consult external legal databases and court or tribunal reports; none are named in the Act itself.
Gotchas
The Act delegates a great deal of operational detail to regulations and centralises data and IP control in a State‑backed authority. Practical risks and friction points flow from specific textual features.
Heavy delegation to regulation for core operational mechanics (s 92). Many critical matters , what information must be provided by providers, timing and form of notifications, fees, the mechanics of opening and closing accounts, and disclosure regimes , are left to regulation (s 92(2)(i)-(k)). Regulatory detail will determine most practical compliance burdens. The Act empowers the Minister to require compliance with these regulations; absence of clarity in regulations creates implementation risk (s 75).
Short internal review timetables and limited stay protections (ss 79-81). Internal review applications must generally be made within 14 days of receiving an information notice (s 79(1)(c)). The internal review officer must furnish a written recommendation within 7 days of receiving the application and the authority must issue an internal review decision within 7 days of that recommendation (ss 80(4), 81(1)). Operationally this leaves limited time for detailed evidentiary or procedural preparation.
Ministerial reach over IP and commercial exploitation (ss 18, 73). The authority has a commercial exploitation function (s 18), but the Minister may direct conditions including that a licence be granted to the State on no‑fee terms or that licences not be granted to third parties (s 73(2)(b)-(d)). That statutory combination can materially limit commercial returns or market access for third parties and creates uncertainty for potential licencees, because the Minister may mandate specific commercial outcomes.
State status and civil‑liability shift (ss 6, 84). The authority represents the State and has State immunities (s 6). Individuals acting honestly and without negligence under the Act are not civilly liable, and liabilities attach to the State instead (s 84). This channels legal exposure to the State and can affect plaintiffs’ practical prospects and remedies.
Confidentiality obligations with significant penalties (ss 43, 44, 85). Persons with access to criminal‑history reports and other information are tightly constrained; unlawful disclosure carries a 100 penalty unit maximum (s 43(2)), and failing to notify changes in a member’s or chief executive officer’s criminal history also carries 100 penalty units (s 44(1)). General confidentiality carries 50 penalty units (s 85(2)). Entities must implement secure data handling and notification processes.
Broad disclosure pathways to government agencies (ss 65-68). The authority may disclose student account information to providers and recognised schools to confirm accuracy (s 65). Aggregated and prescribed person‑level data must be supplied to the chief executive, ISQ, CEQL and training chief executive (ss 66-67). The training chief executive receives prescribed information to enable Commonwealth reporting (s 68). These provisions create multiple cross‑agency flows that must be controlled and aligned with privacy obligations. The Act limits certain disclosures (e.g. enrolment/results only to the provider for those studies), but the boundary between necessary disclosures and broader data sharing depends on regulation and practice.
Budgetary control by Minister (s 45). The authority’s budgets and any amendments have no legal effect until Ministerial approval. That is a practical lever over the authority’s operational autonomy.
Real property transactions require Ministerial written approval (s 20(2)). The authority cannot enter real property agreements without the Minister’s written approval, which may slow leasing and accommodation arrangements.
Provider obligations may reach non‑State entities and exempt providers (ss 47, 56-59). Definitions of “provider” include a range of entities, including exempt providers. Providers must give prescribed information and are responsible for corrections; they may use authorised agents but remain statutorily responsible (s 59). The scope of what counts as “prescribed” information will be critical and is left to regulation.
Transitional continuity carries legacy obligations. Existing student accounts and guidelines under the QSA were carried over (ss 103-108), but entities must be alert to requirements to re‑supply outstanding notices/information to the authority as soon as reasonably practicable (s 107(3)).
Each of these “gotchas” is a structural mechanism in the Act. Their practical effect depends on delegated regulations, Ministerial statements of expectations, IP directions, and operational practices inside the authority and related departments.
How to comply
Below is a practical checklist and compliance roadmap for the principal duty‑holders under the Act: the authority, schools/recognised schools, providers (including training organisations), members and the chief executive officer.
For the authority
Regulatory readiness. Draft, publish and maintain clear processes that implement the regulations under s 92 once made. The Act leaves key specifics to regulation: the authority must ensure systems can collect and manage prescribed data fields, issue account numbers, and implement data disclosure pathways to chief executive, ISQ, CEQL and the training chief executive (ss 51, 55, 66-68, 92).
Budget process discipline. Prepare annual budgets and any amendments by the Minister’s required day, and only incur obligations within the Minister‑approved budget (s 45). Plan contingencies for funding stoppages or conditional approvals.
Data governance and security. Implement strong controls for criminal‑history reports and student account data to avoid s 43 and s 85 penalties (100 and 50 penalty units respectively). Ensure destruction protocols for criminal‑history reports as required (s 42(6)).
Access and correction workflow. Establish procedures to give providers, authorised agents and recognised schools prescribed access to student account records (ss 62-63), and implement the provider correction process triggered by s 65(3) (verify correctness, change incorrect information, notify the person).
IP/commercial arrangements. Before entering commercial exploitation or licensing arrangements, review potential Ministerial directions under s 73 and ensure commercial terms are consistent with the possibility of State licences or non‑licensing to third parties. Ensure clear documentation on licence terms and ministerial approvals.
Compliance with Ministerial directions and reporting. Prepare to respond to s 70 requests, implement s 72 directions (subject to explicit limits in s 72(4)), and record all directions, requests and Ministerial notices for inclusion in the annual report (s 46).
For schools and principals
Opening student accounts. Open student accounts for young persons within 1 year before the start of compulsory participation phase by providing prescribed information to the authority as required (s 51). Ensure administrative procedures collect the regulation‑specified fields.
Test scripts and assessment documents. When administering tests or senior subject assessments, prepare to supply test scripts and assessment documents to the authority under ss 87 and 87A. Track chain of custody and secure transmission.
Reporting and corrections. Implement processes to notify the authority of enrolments (s 56), results (s 57), incorrect recorded information, cessation of enrolment and death (s 58), in the manner and timing prescribed by regulation. Keep records of what was submitted and confirmations received.
Access and verification. Use access rights to student account information (s 62(2)) to verify records and reconcile internal student records with authority records, and respond promptly to authority queries prompted by s 65 disclosures.
For providers and authorised agents
Understand scope of “provider.” Determine whether your entity is a provider as defined in s 47 , this affects reporting obligations and access rights.
Notify enrolments and results. Implement systems to notify the authority of enrolments in eligible options and of certification results as required under ss 56 and 57. If you will use an authorised agent to fulfil reporting duties, enter a formal written agreement and ensure the agent’s processes meet regulatory requirements (s 59).
Verification and correction. When the authority discloses information to confirm accuracy (s 65), be prepared to determine correctness, amend student account records through the authority and notify the person as soon as practicable if there is an error (s 65(3)).
Data security and confidentiality. Ensure authorised agents and staff handling student account data are subject to confidentiality obligations and trained in the Act’s limits on disclosure (s 85). Sensitive reports under s 42 that you receive via Government channels must be safeguarded in compliance with s 43.
For members and the chief executive officer
Criminal‑history and disclosure obligations. Consent to criminal‑history checks when required (s 42). If there is a change in your criminal history, immediately notify the Minister with the specified details (s 44). Keep records of any Ministerial approvals restoring or approving appointments under s 29(4).
Governance and meeting attendance. Ensure attendance at meetings to avoid disqualification for absence under s 29(2). If leave of absence is required, seek Ministerial approval under s 30(1) and arrange appropriate acting appointments.
Delegation and conflict management. Ensure delegations under ss 21 and 37 are properly documented and that subdelegations are permitted by the original delegation instrument.
For legal and compliance teams advising any affected entity
Monitor regulations closely. The Act’s operational detail is in regulation (s 92); subscribe to drafts and final regulations and plan for rapid implementation.
Map data flows. Create a data map showing what provider data will flow to the authority, who can access it, and where aggregated or person‑level data will be disclosed (ss 56-68). Pay particular attention to ministerial sharing driven by s 66 and s 68.
Contract drafting. When contracting with the authority (for services, licenses or provision of goods), account for the authority’s ability to commercially exploit outputs (s 18) and the Minister’s reserved IP directions (s 73). For suppliers, include clauses dealing with potential State licences or restrictions.
Insurance and liabilities. Review professional indemnity and other insurance given the civil‑liability redirection to the State for persons acting honestly and without negligence (s 84). For entities supplying the authority, allocate risk accordingly.
Administrative review readiness. For decisions that may be reviewable, prepare to use the internal review process (14‑day application window, 7‑day internal decision deadlines) and, if necessary, external review to QCAT (ss 77-83). Keep contemporaneous records to support internal review submissions.
Records retention and destruction. Maintain records to satisfy the authority’s reporting and to respond to any Ministerial requests. For criminal‑history reports supplied to the Minister, ensure you understand the destruction requirement under s 42(6).
A compliant operational plan therefore requires early alignment with regulations, robust data governance and security, clear contractual terms regarding IP, prompt internal compliance processes for provider obligations, and protocols for Ministerial and authority requests and directions.
Part pt.2Queensland Curriculum and Assessment Authority
The authority represents the State.
Without limiting subsection (1) , the authority has the status, privileges and immunities of the State.
(sec.6-ssec.1) The authority represents the State.
(sec.6-ssec.2) Without limiting subsection (1) , the authority has the status, privileges and immunities of the State.
sec.7 Application of particular Acts
sec.7 Application of particular Acts
The authority is—
a statutory body under the FA Act ; and
a statutory body under the SBFA Act .
The SBFA Act , part 2B sets out the way in which the authority’s powers under this Act are affected by the SBFA Act .
(sec.7-ssec.1) The authority is— a statutory body under the FA Act ; and a statutory body under the SBFA Act .
(sec.7-ssec.2) The SBFA Act , part 2B sets out the way in which the authority’s powers under this Act are affected by the SBFA Act .
(a) a statutory body under the FA Act ; and
(b) a statutory body under the SBFA Act .
sec.8 Extraterritoriality
sec.8 Extraterritoriality
The authority may perform its functions inside or outside Queensland including outside Australia.
pt.2-div.2 Functions
Functions
sec.9 Syllabuses for senior subjects
sec.9 Syllabuses for senior subjects
The authority has the following functions relating to syllabuses for senior subjects—
developing and revising syllabuses;
purchasing and revising syllabuses developed by another entity.
If the authority performs a function under this provision, it must give notice under section 88 (1) (a) .
In developing a syllabus for a senior subject for which there is an Australian curriculum, the authority must adopt the Australian curriculum content and standards of achievement for the subject as the basis for developing the syllabus.
(sec.9-ssec.1) The authority has the following functions relating to syllabuses for senior subjects— developing and revising syllabuses; purchasing and revising syllabuses developed by another entity. If the authority performs a function under this provision, it must give notice under section 88 (1) (a) .
(sec.9-ssec.2) In developing a syllabus for a senior subject for which there is an Australian curriculum, the authority must adopt the Australian curriculum content and standards of achievement for the subject as the basis for developing the syllabus.
(a) developing and revising syllabuses;
(b) purchasing and revising syllabuses developed by another entity.
sec.10 Syllabuses for P–10 subjects
sec.10 Syllabuses for P–10 subjects
The authority has the following functions relating to syllabuses for P–10 subjects for which there are no Australian curricula—
developing and revising syllabuses;
purchasing and revising syllabuses developed by another entity.
If the authority performs a function under this provision, it must give notice under section 88 (1) (a) .
(a) developing and revising syllabuses;
(b) purchasing and revising syllabuses developed by another entity.
sec.11 Kindergarten guidelines
sec.11 Kindergarten guidelines
The authority has the following functions relating to kindergarten guidelines—
developing and revising guidelines;
purchasing and revising guidelines developed by another entity;
accrediting, for implementation in education and care services, guidelines developed by another entity.
If the authority performs a function under this provision, it must give notice under section 88 (3) .
(a) developing and revising guidelines;
(b) purchasing and revising guidelines developed by another entity;
(c) accrediting, for implementation in education and care services, guidelines developed by another entity.
sec.12 Supporting schools and approved providers of education and care services
sec.12 Supporting schools and approved providers of education and care services
The authority has the function of supporting schools and approved providers of education and care services in implementing—
a syllabus the authority develops, purchases or substantially revises; or
an Australian curriculum; or
a kindergarten guideline the authority accredits, develops, purchases or substantially revises.
The function mentioned in subsection (1) —
is performed primarily by the authority giving school authorities and approved providers, or their nominees, information about the content and purpose of the syllabus, Australian curriculum or kindergarten guideline; and
may be performed by the authority—
providing resources to support the implementation of the syllabus, Australian curriculum or kindergarten guideline; or
developing resources and providing services for the professional development of teachers or education and care services staff.
The authority has the function mentioned in subsection (1) (a) and (b) for recognised schools.
In this section—
school authority means—
for a recognised school—the governing body of the recognised school; or
for a State school—the chief executive; or
for a non-State school—the governing body of the school.
(sec.12-ssec.1) The authority has the function of supporting schools and approved providers of education and care services in implementing— a syllabus the authority develops, purchases or substantially revises; or an Australian curriculum; or a kindergarten guideline the authority accredits, develops, purchases or substantially revises.
(sec.12-ssec.2) The function mentioned in subsection (1) — is performed primarily by the authority giving school authorities and approved providers, or their nominees, information about the content and purpose of the syllabus, Australian curriculum or kindergarten guideline; and may be performed by the authority— providing resources to support the implementation of the syllabus, Australian curriculum or kindergarten guideline; or developing resources and providing services for the professional development of teachers or education and care services staff.
(sec.12-ssec.3) The authority has the function mentioned in subsection (1) (a) and (b) for recognised schools.
(sec.12-ssec.4) In this section— school authority means— for a recognised school—the governing body of the recognised school; or for a State school—the chief executive; or for a non-State school—the governing body of the school.
(a) a syllabus the authority develops, purchases or substantially revises; or
(b) an Australian curriculum; or
(c) a kindergarten guideline the authority accredits, develops, purchases or substantially revises.
(a) is performed primarily by the authority giving school authorities and approved providers, or their nominees, information about the content and purpose of the syllabus, Australian curriculum or kindergarten guideline; and
(b) may be performed by the authority— (i) providing resources to support the implementation of the syllabus, Australian curriculum or kindergarten guideline; or (ii) developing resources and providing services for the professional development of teachers or education and care services staff.
(i) providing resources to support the implementation of the syllabus, Australian curriculum or kindergarten guideline; or
(ii) developing resources and providing services for the professional development of teachers or education and care services staff.
(i) providing resources to support the implementation of the syllabus, Australian curriculum or kindergarten guideline; or
(ii) developing resources and providing services for the professional development of teachers or education and care services staff.
(a) for a recognised school—the governing body of the recognised school; or
(b) for a State school—the chief executive; or
(c) for a non-State school—the governing body of the school.
sec.13 Testing
sec.13 Testing
The authority has the following functions relating to the testing of students—
developing and revising tests prescribed under a regulation;
If the authority performs a function under this provision, it must give notice under section 88 (1) (b) .
purchasing and revising tests developed by another entity and prescribed under a regulation;
If the authority performs a function under this provision, it must give notice under section 88 (1) (b) .
developing procedures for schools, or the authority, to administer tests mentioned in paragraphs (a) and (b) ;
participating in the development and revision of common national tests;
If the authority performs a function under this provision, it must give notice under section 88 (1) (c) .
implementing procedures for schools, or the authority, to administer common national tests;
marking tests mentioned in paragraphs (a) and (b) and common national tests and giving the individual test results of each student undertaking the tests to—
the student; and
the principal of the school at which the student is enrolled;
Under section 87 , the principal of a school that administers a test mentioned in subsection (1) (a) or (b) , or a common national test, must give the authority the test script of each student of the school.
analysing systemic information about the performance of persons who undertake tests mentioned in paragraphs (a) and (b) or common national tests and reporting the results of the analysis to the Minister, the chief executive, ISQ and CEQL.
The authority has the functions mentioned in subsection (1) for recognised schools.
s 13 amd 2018 No. 1 s 136 ; 2025 No. 24 s 39ZP
(sec.13-ssec.1) The authority has the following functions relating to the testing of students— developing and revising tests prescribed under a regulation; If the authority performs a function under this provision, it must give notice under section 88 (1) (b) . purchasing and revising tests developed by another entity and prescribed under a regulation; If the authority performs a function under this provision, it must give notice under section 88 (1) (b) . developing procedures for schools, or the authority, to administer tests mentioned in paragraphs (a) and (b) ; participating in the development and revision of common national tests; If the authority performs a function under this provision, it must give notice under section 88 (1) (c) . implementing procedures for schools, or the authority, to administer common national tests; marking tests mentioned in paragraphs (a) and (b) and common national tests and giving the individual test results of each student undertaking the tests to— the student; and the principal of the school at which the student is enrolled; Under section 87 , the principal of a school that administers a test mentioned in subsection (1) (a) or (b) , or a common national test, must give the authority the test script of each student of the school. analysing systemic information about the performance of persons who undertake tests mentioned in paragraphs (a) and (b) or common national tests and reporting the results of the analysis to the Minister, the chief executive, ISQ and CEQL.
(sec.13-ssec.2) The authority has the functions mentioned in subsection (1) for recognised schools.
(a) developing and revising tests prescribed under a regulation; Note— If the authority performs a function under this provision, it must give notice under section 88 (1) (b) .
(b) purchasing and revising tests developed by another entity and prescribed under a regulation; Note— If the authority performs a function under this provision, it must give notice under section 88 (1) (b) .
(c) developing procedures for schools, or the authority, to administer tests mentioned in paragraphs (a) and (b) ;
(d) participating in the development and revision of common national tests; Note— If the authority performs a function under this provision, it must give notice under section 88 (1) (c) .
(e) implementing procedures for schools, or the authority, to administer common national tests;
(f) marking tests mentioned in paragraphs (a) and (b) and common national tests and giving the individual test results of each student undertaking the tests to— (i) the student; and (ii) the principal of the school at which the student is enrolled; Note— Under section 87 , the principal of a school that administers a test mentioned in subsection (1) (a) or (b) , or a common national test, must give the authority the test script of each student of the school.
(i) the student; and
(ii) the principal of the school at which the student is enrolled;
(g) analysing systemic information about the performance of persons who undertake tests mentioned in paragraphs (a) and (b) or common national tests and reporting the results of the analysis to the Minister, the chief executive, ISQ and CEQL.
(i) the student; and
(ii) the principal of the school at which the student is enrolled;
sec.13A Assessment of students for senior subjects
sec.13A Assessment of students for senior subjects
The authority has the following functions relating to the assessment of students for senior subjects—
endorsing school-based assessments for senior subjects;
developing and revising external assessments for senior subjects;
purchasing and revising external assessments for senior subjects developed by another entity;
developing procedures for—
the endorsement of school-based assessments for senior subjects; and
the administration and marking of external assessments for senior subjects.
The authority has the functions mentioned in subsection (1) for recognised schools.
In this section—
external as
This is an opening excerpt, not the complete document.