The Act creates the NSW Education Standards Authority as a government agency with a Minister‑appointed Board and CEO to set and enforce curriculum, assessment, registration and teacher‑accreditation standards. It gives inspectors broad entry and audit powers, permits information‑sharing with education agencies, and establishes a ring‑fenced Fund (including accreditation fees). The law directly affects government and non‑government schools, early‑childhood providers, teachers and tertiary providers by increasing regulatory oversight, compliance costs and administrative enforcement.
The Education Standards Authority Act 2013 (the Act) is the foundational statute that constitutes and empowers the NSW Education Standards Authority (the Authority). Section 4(1) expressly constitutes the Authority as a body corporate with the name “NSW Education Standards Authority”. Subsection 4(2) declares it to be a NSW Government agency for the purposes of any Act, importing the effect of s 13A of the Interpretation Act 1987.
The substantive work of the Authority is set out in two places. First, s 11 lists its principal objectives: to provide strategic leadership in improving standards of school education, to promote an evidence-based approach, and to ensure that the school curriculum, forms of assessment, regulatory standards for schools, and teaching quality and professional standards are developed, applied and monitored in a way that improves student learning while “maintaining flexibility across the entire school education and teaching sector”. These objectives are not exhaustive; s 11(2) expressly preserves any additional objectives contained in the charter required by s 10(1).
Second, s 12(1) provides that the Authority has all functions conferred or imposed on it by the “education and teaching legislation” (defined in s 3(1) to mean this Act, the Education Act 1990 and the Teacher Accreditation Act 2004, together with their regulations and instruments) or any other legislation. Section 12(2) then particularises the most important functions: development and application of the school curriculum for primary and secondary students, approval of initial and continuing teacher education courses, accreditation of teachers and monitoring of the accreditation process across schools and early childhood education centres, basic skills testing, granting of Records of School Achievement and Higher School Certificates, registration and accreditation of schools, approval of providers of courses to overseas students, development of professional teaching standards, and reporting and advising on matters within its remit.
Current sections
Direct links to the current provisions in Education Standards Authority Act 2013.
s 5: Am 2013 No 89, Sch 5.1 [1]. Subst 2016 No 50, Sch 1 [6].
6
Board of the Authority
6 Board of the Authority
6 Board of the Authority
(1) There is to be a Board of the NSW Education Standards Authority.
(2) The Board is to consist of the following members—
(a) an independent person appointed by the Minister as the Chairperson of the Board,
(b) 6 persons appointed by the Minister as follows—
(i) 1 from the government school sector, 1 from the Catholic school sector and 1 from the independent school sector,
(ii) 2 from teacher unions,
(iii) 1 from Aboriginal education,
(c) no less than 4 (but not more than 6) other persons appointed by the Minister with regard to teachers and school leaders, universities, vocational education and training, parents of school children, early childhood education, special education, business acumen and strategic advisory skills,
(d) the Chief Executive Officer.
(3) The appointed members are to be persons who, in the opinion of the Minister, together have skills and experience that will assist the Authority in exercising its functions.
(4) Each member of the Board is to exercise his or her functions as a member in a manner that promotes the objectives of the Authority and the interests of students.
(5) Of the appointed members other than the Chairperson, one is to be appointed as Deputy Chairperson of the Board in or by the instrument of appointment as a member or in or by some other instrument executed by the Minister.
(6) An appointed member cannot nominate another person to act on the behalf of the member.
Note—
See clause 3 of Schedule 1 which provides for the appointment by the Minister of alternate members in certain circumstances.
(7) Schedule 1 contains provisions relating to the members and procedure of the Board.
s 6: Am 2014 No 68, Sch 2 [1]. Subst 2016 No 50, Sch 1 [6].
7
Role of Board
7 Role of Board
7 Role of Board
(1) The Board has the following functions—
(a) to determine the general policies and strategic direction of the Authority,
(b) to oversee the functions of the Authority (including its financial responsibilities),
(c) to give advice to the Minister on matters relating to the functions of the Authority (including advice on school education standards),
(d) such other functions as are conferred or imposed on it by or under this or any other Act or law.
(2) Any decision relating to the functions of the Authority is to be made by or under the authority of the Board.
(3) Any act, matter or thing done in the name of, or on behalf of, the Authority by or under the authority of the Board is taken to have been done by the Authority.
s 7: Am 2013 No 89, Sch 5.1 [2]. Subst 2016 No 50, Sch 1 [6].
8
Chief Executive Officer
8 Chief Executive Officer
8 Chief Executive Officer
(1) The Chief Executive Officer of the Authority is the person who, having regard to any advice of the Chairperson, is employed in the Public Service as the Chief Executive Officer of the Authority.
(2) The Chief Executive Officer is responsible for the day to day management of the activities of the Authority.
(3) The Chief Executive Officer is, on the request of the Minister or on the Chief Executive Officer’s own initiative, to report to the Minister on matters relating to the activities of the Authority.
s 8: Subst 2016 No 50, Sch 1 [6].
9
Staff of Authority
9 Staff of Authority
9 Staff of Authority
Persons may be employed in the Public Service to enable the Authority to exercise its functions.
Note—
Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the Authority makes use of) may be referred to as officers or employees, or members of staff, of the Authority. Section 47A of the Constitution Act 1902 precludes the Authority from employing staff.
s 9: Subst 2016 No 50, Sch 1 [6].
Division 2
Objectives and functions of Authority
Division 2 Objectives and functions of Authority
Division 2 Objectives and functions of Authority
pt 2, div 2, hdg: Ins 2016 No 50, Sch 1 [6].
10
Charter and annual Statement of Expectations
10 Charter and annual Statement of Expectations
10 Charter and annual Statement of Expectations
(1) The Authority is to have a charter, prepared by the Board and approved by the Minister, outlining its key responsibilities and objectives.
(2) The Minister may, in a Statement of Expectations issued annually to the Authority, determine priorities in relation to the exercise by the Authority of its functions.
s 10: Am 2013 No 89, Sch 5.1 [3]. Subst 2016 No 50, Sch 1 [6]. Am 2018 No 70, Sch 4.27.
11
Principal objectives of Authority
11 Principal objectives of Authority
11 Principal objectives of Authority
(1) The principal objectives of the Authority are as follows—
(a) to provide strategic leadership in improving standards of school education,
(b) to promote an evidence-based approach in improving standards of school education,
(c) to ensure that each of the following matters under the education and teaching legislation is developed, applied and monitored in a way that improves student learning while maintaining flexibility across the entire school education and teaching sector—
(i) the school curriculum,
(ii) forms of assessment,
(iii) regulatory standards for schools,
(iv) teaching quality and professional standards.
(2) This section does not limit any of the other objectives of the Authority outlined in its charter.
s 11: Subst 2016 No 50, Sch 1 [6].
12
Functions of Authority
12 Functions of Authority
12 Functions of Authority
(1) The Authority has the functions conferred or imposed on it by or under—
(a) the education and teaching legislation, or
(b) any other legislation.
(2) In particular, the Authority has functions under the education and teaching legislation in relation to the following—
(a) the school curriculum for primary and secondary school children,
(b) the approval of initial and continuing teacher education courses and programs that are relevant to the accreditation of persons under the Teacher Accreditation Act 2004,
(c) the accreditation of teachers and the monitoring of the accreditation process across all schools and early childhood education centres under that Act,
(d) basic skills testing,
(e) the granting of Records of School Achievement and Higher School Certificates,
(f) the registration and accreditation of schools,
(g) the approval of providers of courses at schools to overseas students,
(h) the development, content and application of professional teaching standards,
(i) reporting and advising on matters relating to the Authority’s functions.
s 12: Subst 2016 No 50, Sch 1 [6].
12A
Conduct of reviews
12A Conduct of reviews
12A Conduct of reviews
(1) The Authority may, subject to any direction by the Minister, conduct a review into any matter arising under the education and teaching legislation.
(2) For the purposes of conducting any such review, the Authority may request a person or body to provide such information as the Authority reasonably requires.
ss 12A–12D: Ins 2016 No 50, Sch 1 [6].
12B
Delegation of functions
12B Delegation of functions
12B Delegation of functions
(1) The Authority may delegate to an authorised person or body any of its functions under the education and teaching legislation, other than this power of delegation.
(2) In this section—
authorised person or body means any of the following—
(a) an appointed member,
(b) the Chief Executive Officer,
(c) a member of staff of the Authority,
(d) a committee of the Board or subcommittee of a committee,
(e) a member of any such committee or subcommittee,
(f) a person or body, or a person or body of a class, prescribed by the regulations.
ss 12A–12D: Ins 2016 No 50, Sch 1 [6].
12C
Committees of the Board
12C Committees of the Board
12C Committees of the Board
(1) The Board may, with the approval of the Minister, establish committees—
(a) to give advice or assistance to the Board in connection with any particular matter or function of the Board, or
(b) for the purposes of enabling the functions of the Authority to be delegated to any such committee.
Note—
In addition to any committee established under this section, the Quality Teaching Committee is established under the Teacher Accreditation Act 2004 as a committee of the Board.
(2) The Board is not to appoint a person as a member of a committee established under subsection (1) unless the Board is of the opinion that the person has appropriate expertise to make a valuable contribution to the committee. In appointing persons as members of a committee, the Board is to have regard to an appropriate mix of skills, knowledge and experience.
(3) A committee of the Board that is exercising a delegated function of the Authority must, unless the Minister determines otherwise, be chaired by an appointed member. It does not matter that some or all of the other members of the committee are not appointed members of the Board.
(4) A person cannot at any one time be the chairperson of more than 2 committees of the Board.
(5) The procedure for the calling of meetings of a committee of the Board and for the conduct of business at those meetings is to be as determined by the Board or (subject to any determination of the Board) by the committee.
ss 12A–12D: Ins 2016 No 50, Sch 1 [6].
12D
Subcommittees
12D Subcommittees
12D Subcommittees
(1) Any committee of the Board may establish subcommittees to assist the committee in connection with the exercise of any of its functions.
(2) A subcommittee of a committee of the Board need not include a member of the committee.
(3) The procedure for the calling of meetings of a subcommittee of a committee of the Board and for the conduct of business at those meetings is to be as determined by the committee or (subject to any determination of the committee) by the subcommittee.
ss 12A–12D: Ins 2016 No 50, Sch 1 [6].
Part 3
Inspections
Part 3 Inspections
Part 3 Inspections
13
Appointment and identification of inspectors
13 Appointment and identification of inspectors
13 Appointment and identification of inspectors
(1) The Authority may appoint a member of staff of the Authority, or any other person whose services the Authority has arranged to make use of, to be an inspector for the purposes of the education and teaching legislation.
(2) If a person who is not a member of staff of the Authority is appointed as an inspector, the person is, in exercising functions as an inspector, subject to the control and direction of the Authority.
(3) The Authority is to cause each inspector to be issued with a means of identification in the form approved by the Authority.
14
Inspection of education premises
14 Inspection of education premises
14 Inspection of education premises
(1) An inspector—
(a) is at all reasonable times to have full and free access to any education premises and any documents that are on the premises, and
(b) may remove, or make copies of, any such document, and
(c) may conduct such audits and carry out such inspections on those premises as the inspector considers necessary.
(2) Any such power may be exercised by an inspector only—
(a) for the purposes of determining whether there has been compliance with or a contravention of the education and teaching legislation, or
(b) for the purposes of obtaining documents for purposes connected with the administration of the education and teaching legislation, or
(c) in connection with exercising the functions of an inspector under the education and teaching legislation.
(2A) Any power conferred on an inspector by this section may be exercised on or in relation to education premises without the inspector being required to give notice to any person or body before exercising that power.
(3) A person who hinders or obstructs an inspector in exercising any power conferred by this section is guilty of an offence.
Maximum penalty—5 penalty units.
(4) A person is not guilty of an offence under subsection (3) because of any act of hindrance or obstruction unless it is established that the inspector—
(a) identified himself or herself as an inspector, and
(b) warned the person that that act constituted an offence.
(5) This section does not affect any powers under any other provisions of the education and teaching legislation or under any other legislation.
Note—
For example, under section 24 of the Education Act 1990 an inspector may require the principal of a school to furnish a copy of the register of enrolments and attendances that is required to be kept under that section.
(6) In this section—
education premises means any of the following—
(a) any government school or non-government school within the meaning of the Education Act 1990 (including any proposed non-government school in respect of which an application for registration has been made under that Act),
(b) the premises of an approved provider within the meaning of Part 7A of the Education Act 1990 (but only to the extent to which the premises are used to carry out activities as such an approved provider),
(d) the premises of a person or body approved by the Authority to provide professional development in accordance with the requirements of the professional teaching standards under the Teacher Accreditation Act 2004 (but only to the extent to which the premises are used to carry out activities as such a provider).
(e) (Repealed)
s 14: Am 2014 No 68, Sch 2 [2]; 2016 No 50, Sch 1 [7]–[9]; 2021 No 41, Sch 2[1].
Part 4
Miscellaneous
Part 4 Miscellaneous
Part 4 Miscellaneous
15
Education Standards Authority Fund
15 Education Standards Authority Fund
15 Education Standards Authority Fund
(1) There is to be established in the Special Deposits Account the Education Standards Authority Fund (the Fund) into which is to be paid—
(b) any money appropriated by Parliament for the purposes of the Authority, and
(c) the proceeds of any property acquired by the Authority under section 19, and
(d) any other money required by or under this or any other Act to be paid into the Fund.
(2) There is to be paid from the Fund—
(a) all amounts required to meet expenditure incurred by the Authority in exercising its functions and in the administration of the education and teaching legislation, and
(b) any allowances paid to members of the Quality Teaching Committee established under the Teacher Accreditation Act 2004, and
(c) any amount authorised by the Minister to be paid from the Fund, and
(d) all other payments required by or under this or any other Act to be paid from the Fund.
(3) Despite subsection (2), money held in the Fund that consists of the fees and charges paid to the Authority under the Teacher Accreditation Act 2004 is to be applied only for the purposes of meeting costs incurred by the Authority in connection with the accreditation of teachers under that Act and in monitoring, maintaining and developing teacher quality.
(4) The Authority may invest money in the Fund—
(a) if the Authority is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way that the Authority is permitted to invest money under that Part, or
(b) if the Authority is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in accordance with and subject to the Trustee Act 1925 and in any other way approved by the Minister with the concurrence of the Treasurer.
s 15: Am 2016 No 50, Sch 1 [10] [11]; 2018 No 70, Sch 3.16.
16
Exchange of information
16 Exchange of information
16 Exchange of information
(1) The Authority may enter into an arrangement (an information sharing arrangement) with a relevant agency for the purposes of sharing or exchanging any information that is held by the Authority or the agency.
(2) The information to which an information sharing arrangement may relate is limited to the following—
(a) any information that assists in the exercise of the functions of the Minister or Authority under the education and teaching legislation or of the relevant agency concerned,
(b) data relating to the teaching workforce,
(c) research on issues relating to teacher quality.
(3) Under an information sharing arrangement, the Authority and the relevant agency are, despite any other Act or law of the State, authorised—
(a) to request and receive information that is held by the other party to the arrangement, and
(b) to disclose that information to the other party.
(a) the Department of Education or any other Public Service agency,
(b) (Repealed)
(c) a university or other tertiary institution,
(d) a government agency of the Commonwealth or of another State or Territory with functions similar or related to those of the Authority,
(e) any other person or body prescribed by the regulations.
s 16: Am 2016 No 50, Sch 1 [12] [13]; 2021 No 41, Sch 2[2].
17
False or misleading applications etc
17 False or misleading applications etc
17 False or misleading applications etc
(1) A person must not, in any official document, make a statement that the person knows, or could reasonably be expected to know—
(a) is false or misleading in a material respect, or
(b) omits material matter.
Maximum penalty—50 penalty units.
(2) In this section—
official document means any application, instrument or other document that is, for the purposes of the education and teaching legislation, given to or lodged with the Minister or the Authority.
18
Protection from personal liability
18 Protection from personal liability
18 Protection from personal liability
Anything done or omitted to be done by a person who is—
(a) a member of the Board or of a committee of the Board, or
(b) a member of staff of the Authority, or
(c) acting under the direction of the Authority,
in exercising functions conferred or imposed on the person by or under the education and teaching legislation, or in the course of the administration of that legislation, does not, if it was done or omitted to be done in good faith, subject the person personally to any action, liability, claim or demand.
19
Authority may accept gifts, devises or bequests
19 Authority may accept gifts, devises or bequests
19 Authority may accept gifts, devises or bequests
(1) The Authority may acquire by gift, devise or bequest any property for the purposes of the education and teacher legislation.
(2) The Authority may agree to the condition to which any such gift, devise or bequest is subject.
(3) The rule of law relating to perpetuities does not apply to any condition to which the Authority has agreed under this section.
20
Service of documents
20 Service of documents
20 Service of documents
(1) A document that is authorised or required by the education and teaching legislation to be served on any person may be served by any of the following methods—
(a) in the case of an individual—by personal delivery to the person,
(b) by post to the address specified by the person for the service of documents of that kind,
(c) in the case of an individual who has not specified such an address—by post to the residential or business address of the person last known to the person serving the document,
(d) in the case of a corporation—by post to the registered office or any other office of the corporation or by leaving it at any such office with a person apparently over the age of 16 years,
(e) by email to an email address specified by the person for the service of documents of that kind,
(f) by any other method authorised by the regulations for the service of documents of that kind.
(2) A document may be served on the Authority by any of the following methods—
(a) by post to the address specified by the Authority for the service of documents of that kind,
(b) by post to an office of the Authority or by leaving it at any such office with a person apparently over the age of 16 years,
(c) by email to an email address specified by the Authority for the service of documents of that kind,
(d) by any other method authorised by the regulations for the service of documents of that kind.
(3) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on a person or the Authority by any other method.
(4) In this section, serve includes give or send.
s 20: Subst 2016 No 50, Sch 1 [14].
21
21
21 (Repealed)
22
Nature of proceedings for offences
22 Nature of proceedings for offences
22 Nature of proceedings for offences
Proceedings for an offence under this Act may be dealt with summarily before the Local Court.
23
Penalty notices
23 Penalty notices
23 Penalty notices
(1) A member of staff of the Authority authorised in writing by the Authority may issue a penalty notice to a person if it appears to the member of staff that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence under the education and teaching legislation that is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note—
The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.
(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations.
(5) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
s 23: Subst 2016 No 50, Sch 1 [15].
24
Regulations
24 Regulations
24 Regulations
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
25
Rules of Authority
25 Rules of Authority
25 Rules of Authority
(1) The Authority may make rules, not inconsistent with the education and teaching legislation, for or with respect to the exercise of any of its functions or any other matter that is required or permitted to be prescribed under that legislation by the rules.
(2) Without limiting subsection (1), the rules may—
(a) set out guidelines with respect to the requirements for registration, approval and accreditation under the education and teaching legislation, and
(b) make provision for or with respect to the conduct of proceedings of committees of the Board of the Authority or of subcommittees of such committees.
(3) A rule does not take effect unless approved by the Minister.
(4) A rule is to be published on the Authority’s website and takes effect on the date of publication or a later date specified in the rule.
(5) A copy of each rule must be available for public inspection at the Authority’s office during business hours.
s 25: Am 2016 No 50, Sch 1 [16] [17].
25A
Delegation of Minister’s functions
25A Delegation of Minister’s functions
25A Delegation of Minister’s functions
The Minister may delegate to any person or body any function conferred or imposed on the Minister by or under this Act, other than this power of delegation or the following—
(a) the appointment of members of the Board,
(b) the issuing of a Statement of Expectations under section 10.
s 25A: Ins 2016 No 50, Sch 1 [18].
26
Review of Act
26 Review of Act
26 Review of Act
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of 5 years from the commencement of this Act.
(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
Schedule 1
Provisions relating to members and procedure of Board
Schedule 1 Provisions relating to members and procedure of Board
Schedule 1 Provisions relating to members and procedure of Board
(Section 6 (7))
sch 1: Subst 2016 No 50, Sch 1 [19].
Schedule 1A
Schedule 1A
Schedule 1A (Repealed)
sch 1A: Ins 2013 No 89, Sch 5.1 [4]. Rep 2016 No 50, Sch 1 [20].
Schedule 2
Savings, transitional and other provisions
Schedule 2 Savings, transitional and other provisions
Schedule 2 Savings, transitional and other provisions
sch 2: Am 2016 No 50, Sch 1 [21].
Schedule 3
Schedule 3
Schedules 3–5 (Repealed)
sch 3: Rep 1987 No 15, sec 30C.
sch 4: Rep 1987 No 15, sec 30C.
sch 5: Am 1987 No 15, sec 30C. Rep 2014 No 33, Sch 4.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act is the Education Standards Authority Act 2013.
s 1: Am 2016 No 50, Sch 1 [3].
2 Commencement
2 Commencement
2 Commencement
(1) This Act commences on a day or days to be appointed by proclamation, except as provided by this section.
(2) Schedule 5.1 commences on the commencement of the Government Sector Employment Act 2013.
3 Definitions
3 Definitions
3 Definitions
(1) In this Act—
appointed member means a member of the Board other than the Chief Executive Officer.
Authority means the NSW Education Standards Authority constituted under this Act.
Board means (except in Schedule 2) the Board of the NSW Education Standards Authority established under this Act.
Chairperson means the Chairperson of the Board.
Chief Executive Officer means the Chief Executive Officer of the Authority.
committee of the Board means—
(a) a committee established by the Board under section 12C (1), or
(b) the Quality Teaching Committee established under the Teacher Accreditation Act 2004.
education and teaching legislation means any of the following Acts and the regulations and other instruments made under those Acts—
(a) this Act,
(b) Education Act 1990,
(c) Teacher Accreditation Act 2004.
function includes a power, authority or duty, and exercise a function includes perform a duty.
inspector means a person appointed under Part 3.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
Part 3 supplies the Authority with a practical enforcement mechanism. Inspectors appointed under s 13 may, at any reasonable time and without prior notice (s 14(2A)), enter education premises (broadly defined in s 14(6) to include government and non-government schools, premises of approved providers to overseas students, early childhood education centres and professional development providers), obtain full and free access to documents, remove or copy them, and conduct audits and inspections (s 14(1)). Obstruction is an offence carrying 5 penalty units (s 14(3)), but only if the inspector has identified themselves and warned the person (s 14(4)).
The Act also creates supporting infrastructure. A Board is established under s 6 to determine general policies and strategic direction, oversee the Authority’s functions (including financial responsibilities), advise the Minister, and perform any other conferred functions (s 7). The Chief Executive Officer manages day-to-day activities and may report directly to the Minister (s 8). Staff are employed in the Public Service (s 9). An Education Standards Authority Fund is created (s 15) with strict rules on the application of teacher-accreditation fees. Information-sharing arrangements with relevant agencies are authorised (s 16), false or misleading statements in official documents are prohibited (s 17), and personal liability is excluded for good-faith acts (s 18). The Authority may accept gifts, devises or bequests (s 19), and detailed rules govern service of documents (s 20).
The Act is not self-contained. It repeatedly cross-refers to the Education Act 1990 (especially Part 8 on registration and accreditation of schools and Part 7A on overseas students) and the Teacher Accreditation Act 2004 (especially provisions on accreditation and the Quality Teaching Committee, which is deemed a committee of the Board under s 3(1)). It also interacts with the Government Sector Finance Act 2018, the Government Sector Employment Act 2013 and the Fines Act 1996.
In short, the legislation does not merely create an administrative agency; it establishes a standards-setting, regulatory, advisory and enforcement body whose decisions directly shape what is taught, how it is assessed, who may teach, and which schools may operate in New South Wales.
Who it affects
The Act casts a wide net. Its primary addressees are the Authority itself, its Board, Chief Executive Officer, staff and inspectors. However, the practical impact radiates outward.
All schools—government, Catholic systemic and independent—are subject to the Authority’s curriculum, assessment, registration and accreditation functions (s 12(2)(a), (f)). Principals and teachers must comply with professional teaching standards developed by the Authority (s 12(2)(h)). Early childhood education centres fall within the accreditation and inspection regime via the Teacher Accreditation Act 2004 linkage (s 14(6)(c)). Providers of initial teacher education courses and continuing professional development must obtain approval (s 12(2)(b), (d)).
Parents and students are indirectly but materially affected: the quality of the curriculum, the rigour of HSC and RoSA credentials, and the standard of teaching they receive are all within the Authority’s remit. Overseas students and their education providers are expressly covered (s 12(2)(g)).
Teacher unions have guaranteed Board representation (s 6(2)(b)(ii)), as do the three school sectors, Aboriginal education, and various other stakeholder groups (s 6(2)(c)). Universities and vocational education providers are both regulated (through course approval) and represented on the Board.
The Minister exercises overarching control and direction except in relation to the content of advice, reports or recommendations, or functions under Part 8 of the Education Act 1990 (s 5). Relevant agencies (defined in s 16(5)) may enter information-sharing arrangements with the Authority.
Finally, any person who lodges an official document with the Minister or the Authority must not include false or misleading statements (s 17), and anyone on education premises must not obstruct an inspector (s 14(3)).
Key duties and rights
The Act creates a mixture of positive duties, discretionary powers and protective rights.
Duties
The Board must determine general policies and strategic direction, oversee all functions (including financial), advise the Minister, and ensure decisions are made under its authority (s 7). Each Board member must exercise functions so as to promote the Authority’s objectives and the interests of students (s 6(4)).
The Chief Executive Officer must manage day-to-day activities and report to the Minister when requested or when the CEO thinks fit (s 8(2)–(3)).
Inspectors must exercise powers only for the statutory purposes listed in s 14(2).
The Authority must maintain a charter (s 10(1)) and operate consistently with any annual Statement of Expectations issued by the Minister (s 10(2)).
Money in the Fund that derives from teacher-accreditation fees may be used only for accreditation, monitoring, maintaining and developing teacher quality (s 15(3)).
Rights and powers
The Authority may conduct reviews into any matter arising under the education and teaching legislation and compel information (s 12A).
It may delegate functions (other than the power of delegation) to a wide class of authorised persons and bodies (s 12B).
It may establish committees (with Ministerial approval) and those committees may establish subcommittees (s 12C–12D).
Inspectors enjoy broad entry, inspection, copying and audit powers without notice (s 14).
The Authority may enter information-sharing arrangements despite other secrecy laws (s 16(3)).
It may accept gifts, devises or bequests and agree to conditions; the rule against perpetuities does not apply to such conditions (s 19).
Board members, staff and persons acting under the Authority’s direction enjoy personal immunity for good-faith acts or omissions (s 18).
Procedural rights
Appointed Board members have fixed terms (Schedule 1 cl 2), rights to remuneration (cl 4), and procedural protections before removal (cl 6).
Natural justice is implicitly protected by the detailed conflict-of-interest rules in Schedule 1 cl 7.
Penalties and enforcement
The Act contains relatively few direct offence provisions, preferring to rely on the enforcement machinery of the Education Act 1990 and Teacher Accreditation Act 2004.
Two standalone offences appear:
Obstructing or hindering an inspector (s 14(3)) — maximum 5 penalty units. The defence in s 14(4) requires the prosecutor to prove both identification and a warning.
Making a false or misleading statement, or omitting material matter, in any official document given to the Minister or the Authority (s 17(1)) — maximum 50 penalty units. “Official document” is defined in s 17(2).
Penalty notices may be issued for any offence under the education and teaching legislation that is prescribed by regulation (s 23). The Fines Act 1996 applies. Proceedings are summary before the Local Court (s 22).
The Act’s main enforcement teeth lie in the registration, accreditation and approval regimes of the companion statutes. Non-compliance with Authority standards can result in refusal or cancellation of school registration, teacher accreditation or course approval. The inspector’s audit and document-removal powers (s 14) supply the evidentiary foundation for such action.
How it interacts with other laws
The Act is deliberately embedded in a legislative ecosystem. The definition of “education and teaching legislation” in s 3(1) ties it to the Education Act 1990 and the Teacher Accreditation Act 2004. Functions listed in s 12(2) are largely exercised under those Acts.
Ministerial direction is excluded in respect of Part 8 of the Education Act 1990 (school registration and accreditation) and the content of advice or reports (s 5). The Quality Teaching Committee established under the Teacher Accreditation Act 2004 is automatically a committee of the Board (s 3(1)).
Public sector rules are imported: staff are employed under the Government Sector Employment Act 2013 (ss 8 and 9), the Fund is managed under the Government Sector Finance Act 2018 (s 15(3)–(4)), and the Interpretation Act 1987 applies (note to s 3(1)).
Information sharing overrides other secrecy obligations (s 16(3)), but does not limit s 83S of the Education Act 1990 or s 18(3) of the Teacher Accreditation Act 2004. Service rules in s 20 supplement, but do not displace, court rules or other statutory methods.
Schedule 1 cl 8 disapplies certain public-sector employment restrictions so that Board members may hold other offices. The rule against perpetuities is disapplied for conditional gifts (s 19(3)).
Transitional provisions in Schedule 2 expressly dissolve the former Board of Studies and NSW Institute of Teachers, transfer their assets and staff, and convert references in other instruments to the new Authority.
Recent changes and why
The most significant amendments were made by the Education and Teaching Legislation Amendment Act 2016 (No 50). That Act substituted an entirely new Part 2, renamed the body from “Board of Studies, Teaching and Educational Standards” to “NSW Education Standards Authority”, reconstituted the Board with a smaller core of appointed members plus sectoral representatives (s 6), introduced the statutory charter and Statement of Expectations (s 10), elevated the principal objectives to a new s 11, expanded the review power (s 12A), clarified delegation and committee rules (ss 12B–12D), and updated the Fund and information-sharing provisions.
The changes responded to a perception that the pre-2016 structure was overly bureaucratic and insufficiently focused on strategic leadership and evidence-based policy. The 2016 reforms emphasised “improving student learning while maintaining flexibility” (s 11(1)(c)) and required the Board to include persons with “business acumen and strategic advisory skills” (s 6(2)(c)). Subsequent minor amendments have aligned the Act with the Government Sector Finance Act 2018 (ss 10(3), 15(4)) and refined inspector powers (2021 amendments to s 14).
The review clause (s 26) required a statutory review after five years; that obligation has been discharged, although the Act itself remains in force without wholesale replacement.
Court challenges and controversies
The source text contains no reference to decided cases. The Act’s drafting appears designed to minimise litigation. Section 18 confers broad good-faith immunity on Board members, staff and delegates. The exclusion of Ministerial direction over advice and reports (s 5) and over Part 8 Education Act 1990 functions reduces the scope for judicial review of policy content. The requirement that Board members act in the interests of students (s 6(4)) and the conflict-of-interest rules (Schedule 1 cl 7) provide internal checks.
Controversies that have arisen in practice have tended to concern the exercise of functions under the companion legislation rather than the constitution of the Authority itself. Issues around curriculum content, HSC scaling, teacher accreditation standards and the rigour of school registration inspections have generated public and parliamentary debate, but these are not challenges to the Act. The absence of reported decisions construing core provisions such as the inspector powers in s 14 or the delegation rules in s 12B suggests that the legislation has operated largely as intended, with disputes resolved through administrative or political channels rather than litigation.
Gotchas
Most practitioners assume the Authority’s powers are purely recommendatory. That is incorrect. Once a function is engaged under the Education Act 1990 or Teacher Accreditation Act 2004, the Authority’s decision is the operative regulatory act—refusal of registration, cancellation of accreditation, or withdrawal of course approval carries immediate legal consequences.
The “without notice” inspection power in s 14(2A) is wider than many school principals realise. Because “education premises” includes proposed non-government schools that have merely applied for registration, an inspector may lawfully attend and audit a new school’s premises before it has opened.
Board members’ duty under s 6(4) to “exercise his or her functions as a member in a manner that promotes the objectives of the Authority and the interests of students” creates a statutory fiduciary-like obligation that sits above ordinary conflict-of-interest rules. A member who votes according to sectoral interest rather than student interest may breach the Act even if pecuniary conflict is absent.
The ring-fencing of teacher-accreditation fees in s 15(3) is absolute. Money paid under the Teacher Accreditation Act 2004 cannot be used for general curriculum development or basic skills testing. Compliance officers sometimes discover that internal cost allocations have inadvertently mixed the streams, exposing the Authority to audit criticism.
Finally, the delegation power (s 12B) excludes only “this power of delegation”. All other functions under the three Acts may be delegated to a committee that itself contains non-Board members (s 12C(3)). The practical effect is that significant regulatory decisions can be made by persons who have never been appointed by the Minister, provided the Board has approved the committee.
How to comply
Schools and early childhood centres should maintain an up-to-date register of all Authority requirements (curriculum, assessment, professional development, child-protection clearances) and map them to the relevant sections of the three Acts. Policies should explicitly reference the Authority’s professional teaching standards (s 12(2)(h)).
Providers seeking course approval or schools seeking registration must ensure all official documents are accurate; the strict-liability flavour of s 17 means even careless omissions can attract 50 penalty units.
When an inspector attends, the principal should immediately ask for identification and record the warning given under s 14(4). Documents may be copied or removed; a receipt should be requested and a privileged or confidential marking applied where appropriate. Legal advice should be obtained before any challenge to the inspector’s purpose, given the breadth of s 14(2).
Board members and senior executives must understand the interplay between the charter (s 10(1)), the annual Statement of Expectations (s 10(2)) and the principal objectives in s 11. Annual board agendas should expressly address evidence-based improvement and sectoral flexibility.
Organisations entering information-sharing arrangements under s 16 should draft memoranda that limit data use to the statutory purposes listed in s 16(2) and include reciprocal privacy safeguards.
Finally, any person authorised to issue penalty notices under s 23 must be formally delegated in writing by the Authority. Because the Fines Act 1996 regime applies, procedural fairness in the underlying offence must still be observed even though the notice itself is an administrative shortcut.
Compliance is best achieved by treating the Authority not as an external regulator but as the statutory steward of the entire school-education ecosystem. Regular horizon scanning of the Authority’s website, rules made under s 25, and updates to the three linked Acts is essential.
Division 1Constitution and management of Authority
(2) Notes included in this Act do not form part of this Act.
s 3: Am 2016 No 50, Sch 1 [4] [5].
Part 2 NSW Education Standards Authority
Part 2 NSW Education Standards Authority
Part 2 NSW Education Standards Authority
pt 2: Subst 2016 No 50, Sch 1 [6].
Division 1 Constitution and management of Authority
Division 1 Constitution and management of Authority
Division 1 Constitution and management of Authority
pt 2, div 1, hdg: Ins 2016 No 50, Sch 1 [6].
4 Constitution of NSW Education Standards Authority
4 Constitution of NSW Education Standards Authority
4 Constitution of NSW Education Standards Authority
(1) There is constituted by this Act a body corporate with the corporate name of the NSW Education Standards Authority.
(2) The Authority is, for the purposes of any Act, a NSW Government agency.
Note—
See section 13A of the Interpretation Act 1987.
s 4: Subst 2016 No 50, Sch 1 [6].
5 Role of Minister
5 Role of Minister
5 Role of Minister
The Authority is subject to the control and direction of the Minister in the exercise of its functions, except in relation to—
(a) the contents of any advice, report or recommendation it makes to the Minister or any other person or body, or
(b) its functions under Part 8 of the Education Act 1990.
s 5: Am 2013 No 89, Sch 5.1 [1]. Subst 2016 No 50, Sch 1 [6].
6 Board of the Authority
6 Board of the Authority
6 Board of the Authority
(1) There is to be a Board of the NSW Education Standards Authority.
(2) The Board is to consist of the following members—
(a) an independent person appointed by the Minister as the Chairperson of the Board,
(b) 6 persons appointed by the Minister as follows—
(i) 1 from the government school sector, 1 from the Catholic school sector and 1 from the independent school sector,
(ii) 2 from teacher unions,
(iii) 1 from Aboriginal education,
(c) no less than 4 (but not more than 6) other persons appointed by the Minister with regard to teachers and school leaders, universities, vocational education and training, parents of school children, early childhood education, special education, business acumen and strategic advisory skills,
(d) the Chief Executive Officer.
(3) The appointed members are to be persons who, in the opinion of the Minister, together have skills and experience that will assist the Authority in exercising its functions.
(4) Each member of the Board is to exercise his or her functions as a member in a manner that promotes the objectives of the Authority and the interests of students.
(5) Of the appointed members other than the Chairperson, one is to be appointed as Deputy Chairperson of the Board in or by the instrument of appointment as a member or in or by some other instrument executed by the Minister.
(6) An appointed member cannot nominate another person to act on the behalf of the member.
Note—
See clause 3 of Schedule 1 which provides for the appointment by the Minister of alternate members in certain circumstances.
(7) Schedule 1 contains provisions relating to the members and procedure of the Board.
s 6: Am 2014 No 68, Sch 2 [1]. Subst 2016 No 50, Sch 1 [6].
7 Role of Board
7 Role of Board
7 Role of Board
(1) The Board has the following functions—
(a) to determine the general policies and strategic direction of the Authority,
(b) to oversee the functions of the Authority (including its financial responsibilities),
(c) to give advice to the Minister on matters relating to the functions of the Authority (including advice on school education standards),
(d) such other functions as are conferred or imposed on it by or under this or any other Act or law.
(2) Any decision relating to the functions of the Authority is to be made by or under the authority of the Board.
(3) Any act, matter or thing done in the name of, or on behalf of, the Authority by or under the authority of the Board is taken to have been done by the Authority.
s 7: Am 2013 No 89, Sch 5.1 [2]. Subst 2016 No 50, Sch 1 [6].
8 Chief Executive Officer
8 Chief Executive Officer
8 Chief Executive Officer
(1) The Chief Executive Officer of the Authority is the person who, having regard to any advice of the Chairperson, is employed in the Public Service as the Chief Executive Officer of the Authority.
(2) The Chief Executive Officer is responsible for the day to day management of the activities of the Authority.
(3) The Chief Executive Officer is, on the request of the Minister or on the Chief Executive Officer’s own initiative, to report to the Minister on matters relating to the activities of the Authority.
s 8: Subst 2016 No 50, Sch 1 [6].
9 Staff of Authority
9 Staff of Authority
9 Staff of Authority
Persons may be employed in the Public Service to enable the Authority to exercise its functions.
Note—
Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the Authority makes use of) may be referred to as officers or employees, or members of staff, of the Authority. Section 47A of the Constitution Act 1902 precludes the Authority from employing staff.
s 9: Subst 2016 No 50, Sch 1 [6].
Division 2 Objectives and functions of Authority
Division 2 Objectives and functions of Authority
Division 2 Objectives and functions of Authority
pt 2, div 2, hdg: Ins 2016 No 50, Sch 1 [6].
10 Charter and annual Statement of Expectations
10 Charter and annual Statement of Expectations
10 Charter and annual Statement of Expectations
(1) The Authority is to have a charter, prepared by the Board and approved by the Minister, outlining its key responsibilities and objectives.
(2) The Minister may, in a Statement of Expectations issued annually to the Authority, determine priorities in relation to the exercise by the Authority of its functions.
(3) This section does not affect the operation of Division 7.3 of the Government Sector Finance Act 2018.
s 10: Am 2013 No 89, Sch 5.1 [3]. Subst 2016 No 50, Sch 1 [6]. Am 2018 No 70, Sch 4.27.
11 Principal objectives of Authority
11 Principal objectives of Authority
11 Principal objectives of Authority
(1) The principal objectives of the Authority are as follows—
(a) to provide strategic leadership in improving standards of school education,
(b) to promote an evidence-based approach in improving standards of school education,
(c) to ensure that each of the following matters under the education and teaching legislation is developed, applied and monitored in a way that improves student learning while maintaining flexibility across the entire school education and teaching sector—
(i) the school curriculum,
(ii) forms of assessment,
(iii) regulatory standards for schools,
(iv) teaching quality and professional standards.
(2) This section does not limit any of the other objectives of the Authority outlined in its charter.
s 11: Subst 2016 No 50, Sch 1 [6].
12 Functions of Authority
12 Functions of Authority
12 Functions of Authority
(1) The Authority has the functions conferred or imposed on it by or under—
(a) the education and teaching legislation, or
(b) any other legislation.
(2) In particular, the Authority has functions under the education and teaching legislation in relation to the following—
(a) the school curriculum for primary and secondary school children,
(b) the approval of initial and continuing teacher education courses and programs that are relevant to the accreditation of persons under the Teacher Accreditation Act 2004,
(c) the accreditation of teachers and the monitoring of the accreditation process across all schools and early childhood education centres under that Act,
(d) basic skills testing,
(e) the granting of Records of School Achievement and Higher School Certificates,
(f) the registration and accreditation of schools,
(g) the approval of providers of courses at schools to overseas students,
(h) the development, content and application of professional teaching standards,
(i) reporting and advising on matters relating to the Authority’s functions.
s 12: Subst 2016 No 50, Sch 1 [6].
12A Conduct of reviews
12A Conduct of reviews
12A Conduct of reviews
(1) The Authority may, subject to any direction by the Minister, conduct a review into any matter arising under the education and teaching legislation.
(2) For the purposes of conducting any such review, the Authority may request a person or body to provide such information as the Authority reasonably requires.
ss 12A–12D: Ins 2016 No 50, Sch 1 [6].
12B Delegation of functions
12B Delegation of functions
12B Delegation of functions
(1) The Authority may delegate to an authorised person or body any of its functions under the education and teaching legislation, other than this power of delegation.
(2) In this section—
authorised person or body means any of the following—
(a) an appointed member,
(b) the Chief Executive Officer,
(c) a member of staff of the Authority,
(d) a committee of the Board or subcommittee of a committee,
(e) a member of any such committee or subcommittee,
(f) a person or body, or a person or body of a class, prescribed by the regulations.
ss 12A–12D: Ins 2016 No 50, Sch 1 [6].
12C Committees of the Board
12C Committees of the Board
12C Committees of the Board
(1) The Board may, with the approval of the Minister, establish committees—
(a) to give advice or assistance to the Board in connection with any particular matter or function of the Board, or
(b) for the purposes of enabling the functions of the Authority to be delegated to any such committee.
Note—
In addition to any committee established under this section, the Quality Teaching Committee is established under the Teacher Accreditation Act 2004 as a committee of the Board.
(2) The Board is not to appoint a person as a member of a committee established under subsection (1) unless the Board is of the opinion that the person has appropriate expertise to make a valuable contribution to the committee. In appointing persons as members of a committee, the Board is to have regard to an appropriate mix of skills, knowledge and experience.
(3) A committee of the Board that is exercising a delegated function of the Authority must, unless the Minister determines otherwise, be chaired by an appointed member. It does not matter that some or all of the other members of the committee are not appointed members of the Board.
(4) A person cannot at any one time be the chairperson of more than 2 committees of the Board.
(5) The procedure for the calling of meetings of a committee of the Board and for the conduct of business at those meetings is to be as determined by the Board or (subject to any determination of the Board) by the committee.
ss 12A–12D: Ins 2016 No 50, Sch 1 [6].
12D Subcommittees
12D Subcommittees
12D Subcommittees
(1) Any committee of the Board may establish subcommittees to assist the committee in connection with the exercise of any of its functions.
(2) A subcommittee of a committee of the Board need not include a member of the committee.
(3) The procedure for the calling of meetings of a subcommittee of a committee of the Board and for the conduct of business at those meetings is to be as determined by the committee or (subject to any determination of the committee) by the subcommittee.
ss 12A–12D: Ins 2016 No 50, Sch 1 [6].
Part 3 Inspections
Part 3 Inspections
Part 3 Inspections
13 Appointment and identification of inspectors
13 Appointment and identification of inspectors
13 Appointment and identification of inspectors
(1) The Authority may appoint a member of staff of the Authority, or any other person whose services the Authority has arranged to make use of, to be an inspector for the purposes of the education and teaching legislation.
(2) If a person who is not a member of staff of the Authority is appointed as an inspector, the person is, in exercising functions as an inspector, subject to the control and direction of the Authority.
(3) The Authority is to cause each inspector to be issued with a means of identification in the form approved by the Authority.
14 Inspection of education premises
14 Inspection of education premises
14 Inspection of education premises
(1) An inspector—
(a) is at all reasonable times to have full and free access to any education premises and any documents that are on the premises, and
(b) may remove, or make copies of, any such document, and
(c) may conduct such audits and carry out such inspections on those premises as the inspector considers necessary.
(2) Any such power may be exercised by an inspector only—
This is an opening excerpt, not the complete document.