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Name of regulation
1 Name of regulation
1 Name of regulation
This regulation is the Education Standards Authority Regulation 2024.
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New South Wales regulation
This regulation replaces the 2019 instrument and takes effect on publication. It prescribes who the Education Standards Authority may delegate functions to, lists agencies with which the Authority may exchange information, and establishes fixed‑penalty notice offences and amounts under the Education Act and the Teacher Accreditation Act. It affects school and provider leaders, Department and non‑government school staff, and specified regulatory bodies. Mechanically, it authorises delegated decision‑making, authorised information‑sharing, and the use of set fines for named breaches.
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Direct links to the current provisions in Education Standards Authority Regulation 2024.
1 Name of regulation
This regulation is the Education Standards Authority Regulation 2024.
2 Commencement
This regulation commences on the day on which it is published on the NSW legislation website.
Note—
This regulation repeals and replaces the Education Standards Authority Regulation 2019, which would otherwise be repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).
3 Definition
In this regulation—
the Act means the Education Standards Authority Act 2013.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
4 Delegation of Authority’s functions—the Act, s 12B
For the Act, section 12B(2), definition of authorised person or body, paragraph (f), the following are prescribed—
(a) principals, however described, of schools in the State and schools outside the State that are recognised by the Authority,
(b) directors, or equivalent, of TAFE establishments within the meaning of the Technical and Further Education Commission Act 1990,
(c) directors, or equivalent, of NVR registered training organisations within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth,
(d) chief executive officers, or equivalent, of approved providers within the meaning of the Education Act 1990, section 83M,
(e) persons employed in the Department of Education,
(f) members of staff of a non-government schools authority within the meaning of the Education Act 1990, section 26A.
5 Exchange of information—the Act, s 16
For the Act, section 16(5), definition of relevant agency, paragraph (e), the following are prescribed—
(a) a person or body responsible for registering or accrediting teachers under the law of a jurisdiction outside Australia,
(b) the Association of Independent Schools of NSW,
(c) the Australasian Teacher Regulatory Authorities,
(d) the Australian Institute for Teaching and School Leadership Limited,
(e) the Australian Education Research Organisation,
(f) Catholic Schools NSW Limited,
(g) Education Services Australia Limited,
(h) the Office of the Children’s Guardian,
(i) a non-government school within the meaning of the Education Act 1990, section 3(1),
(j) an early childhood education centre within the meaning of the Teacher Accreditation Act 2004, section 3(1).
6 Repeal and savings
(1) The Education Standards Authority Regulation 2019 is repealed.
(2) An act, matter or thing that, immediately before the repeal of the Education Standards Authority Regulation 2019, had effect under that regulation continues to have effect under this regulation.
Schedule 1 Penalty notice offences
| Column 1 | Column 2 | | Provision | Penalty | | Offences under the Education Act 1990 | | Section 57A(4) | $135 | | Section 83R(1) | $2,000 | | Section 83R(2) | $2,000 | | Section 87A(5) | $135 | | Offences under the Teacher Accreditation Act 2004 | | Section 26(1) | $550 | | Section 26(2) | $550 | | Section 28(1) | $1,000 | | Section 28(2) | $1,000 | | Section 42B(1) | $500 |
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of regulation
This regulation is the Education Standards Authority Regulation 2024.
2 Commencement
This regulation commences on the day on which it is published on the NSW legislation website.
Note—
This regulation repeals and replaces the Education Standards Authority Regulation 2019, which would otherwise be repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).
3 Definition
In this regulation—
the Act means the Education Standards Authority Act 2013.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
4 Delegation of Authority’s functions—the Act, s 12B
For the Act, section 12B(2), definition of authorised person or body, paragraph (f), the following are prescribed—
(a) principals, however described, of schools in the State and schools outside the State that are recognised by the Authority,
(b) directors, or equivalent, of TAFE establishments within the meaning of the Technical and Further Education Commission Act 1990,
(c) directors, or equivalent, of NVR registered training organisations within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth,
(d) chief executive officers, or equivalent, of approved providers within the meaning of the Education Act 1990, section 83M,
(e) persons employed in the Department of Education,
(f) members of staff of a non-government schools authority within the meaning of the , section 26A.
5 Exchange of information—the Act, s 16
For the Act, section 16(5), definition of relevant agency, paragraph (e), the following are prescribed—
(a) a person or body responsible for registering or accrediting teachers under the law of a jurisdiction outside Australia,
(b) the Association of Independent Schools of NSW,
(c) the Australasian Teacher Regulatory Authorities,
(d) the Australian Institute for Teaching and School Leadership Limited,
(e) the Australian Education Research Organisation,
(f) Catholic Schools NSW Limited,
(g) Education Services Australia Limited,
(h) the Office of the Children’s Guardian,
(i) a non-government school within the meaning of the Education Act 1990, section 3(1),
(j) an early childhood education centre within the meaning of the Teacher Accreditation Act 2004, section 3(1).
6 Repeal and savings
(1) The Education Standards Authority Regulation 2019 is repealed.
(2) An act, matter or thing that, immediately before the repeal of the Education Standards Authority Regulation 2019, had effect under that regulation continues to have effect under this regulation.
Schedule 1 Penalty notice offences
| Column 1 | Column 2 | | Provision | Penalty | | Offences under the Education Act 1990 | | Section 57A(4) | $135 | | Section 83R(1) | $2,000 | | Section 83R(2) | $2,000 | | Section 87A(5) | $135 | | Offences under the Teacher Accreditation Act 2004 | | Section 26(1) | $550 | | Section 26(2) | $550 | | Section 28(1) | $1,000 | | Section 28(2) | $1,000 | | Section 42B(1) | $500 |
1 Application of schedule
(1) For the Act, section 23—
(a) each offence created by a provision specified in Schedule 1, Column 1 is an offence for which a penalty notice may be issued, and
(b) the amount payable for the penalty notice is the amount specified in Column 2.
(2) If the provision is qualified by words that restrict the operation of the provision to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—
(a) the limited kind of offence, or
(b) an offence committed in the limited circumstances.