Education and Other Legislation Amendment Bill 2016
Plain English Summary
Overview
This bill makes Prep the compulsory first year of school in Queensland and overhauls how teachers are regulated and disciplined. It also lets the government claw back overpaid funding from non-state schools and allows school regulators to share suspected criminal activity with police.
Who it affects
Parents of school-starting children, Queensland's 100,000-plus registered teachers, non-state schools, and home-schooling families are most affected. The changes take effect progressively from 2017 and on dates fixed by proclamation.
Compulsory Prep year
From 2017, state and non-state school principals cannot enrol a child in Year 1 unless they have completed Prep, equivalent education elsewhere, been registered for home education, or are assessed as ready based on their attributes. The minimum compulsory school age of 6 years and 6 months does not change.
- Prep becomes the compulsory first year of school education from 2017
- Principals can still let a child skip Prep if satisfied the child is ready for Year 1 based on aptitude, social and emotional competence, physical development and knowledge
- Children must be at least 5 years and 6 months on 31 December to be registered for home education
Teacher discipline and safety
The Queensland College of Teachers can suspend a teacher's registration where there is an 'unacceptable risk of harm' to children, a lower threshold than the previous 'imminent risk'. Every suspension must be reviewed by QCAT. The internal disciplinary committee is renamed and can consider teacher impairment supportively.
- Lower threshold for suspending teacher registration (unacceptable risk of harm rather than imminent risk)
- QCAT must review every suspension and decide whether to continue it
- New Professional Capacity and Teacher Conduct Committee can order voluntary health assessments in minor disciplinary matters involving impairment like mental illness or substance abuse
- College and teacher can enter voluntary 'practice and conduct agreements' to resolve minor matters without a hearing
- Schools must notify the College whenever they start dealing with an allegation of harm by a teacher, including when referring it to police
College governance and information sharing
The College's Board is reduced from 17 to 15 members and ministerial/chief executive nominees must have relevant skills. The College gains new powers to get evidentiary material from police and to share information with the Non-State Schools Accreditation Board.
- College Board reduced from 17 to 15 members (a union-nominated teacher and one ministerial nominee removed)
- College can request evidentiary material from the Queensland Police Service, not just the Director of Public Prosecutions
- College can share information with the Non-State Schools Accreditation Board
- Registration cards abolished (teachers' status is verified via the online register)
Non-state school funding oversight
The bill creates a statutory process to recover State recurrent funding paid in excess of a non-state school's entitlement as a debt, and implements the debt recovery arrangement required under the Commonwealth Australian Education Act 2013. It also allows the Accreditation Board to report suspected criminal activity to police.
- Overpayments of State recurrent funding to non-state schools become a debt owed to the State and can be recovered through a Minister's policy
- A statutory debt recovery arrangement with non-state schools meets Commonwealth Australian Education Act requirements
- Non-State Schools Accreditation Board can disclose confidential information to law enforcement agencies and courts where reasonably necessary for criminal investigation or prosecution
- Less school survey data collected annually from non-state schools (specific data now prescribed by regulation rather than Act)
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee24 May 2016View Hansard
Referred to Education, Tourism, Innovation and Small Business Committee
The Education, Tourism, Innovation and Small Business Committee examined the bill over approximately two months, receiving eight submissions and holding a public hearing. The committee recommended the bill be passed with minor technical amendments to correct a cross-reference in clause 115 and the application of proposed section 288(6)(a) in clause 133. The government accepted both recommendations.
Key findings (4)
- The committee received eight submissions from stakeholders and held a public hearing on 15 June 2016
- The committee identified minor drafting errors requiring correction in clause 115 (cross-reference) and clause 133 (application of proposed section 288(6)(a))
- The government supported both the recommendation for passage and the minor technical amendments
- The committee reported within its required timeframe by 2 August 2016
Recommendations (2)
- The committee recommends that the Education and Other Legislation Amendment Bill 2016 be passed.
- The committee recommends that minor amendments be made to correct a cross-reference in clause 115 and the application, in clause 133, of proposed section 288(6)(a).
Committee report tabled
▸Second Reading1 Sept 2016View Hansard
▸17 members spoke14 support3 mixed
As Education Minister, moved and defended the bill, which makes prep compulsory, strengthens teacher registration and disciplinary processes, improves funding recovery from non-state schools and enhances oversight of non-state schools.
“This bill ensures that all students reap the benefits of undertaking the prep year of schooling, it supports the education of Queensland children at both state and non-state schools and ensures a modern and responsive teacher registration system.”— 2016-09-01View Hansard
As shadow minister, indicated the LNP would not oppose the bill, supporting compulsory prep while seeking clarification on how vexatious complaints against teachers will be handled and attendance improvement strategies.
“I rise to speak to the Education and Other Legislation Amendment Bill 2016 and advise the House that the LNP will not be opposing this bill.”— 2016-09-01View Hansard
As committee chair, supported the bill, highlighting the benefits of compulsory prep, the lowered suspension threshold for teacher registration and the importance of early childhood education.
“This bill makes prep the compulsory first year of schooling by providing that a principal of a state or non-state school must not enrol a child into year 1 until the child has undertaken prep in a state or non-state school. That is an important step in securing better long-term educational outcomes for that student.”— 2016-09-01View Hansard
Supported the bill as a member of the committee, raising concerns about handling vexatious complaints against teachers while acknowledging child safety must be paramount.
“Whilst our priority will always and should always be the safety of children, we also need to make sure that we are conscious of natural justice and procedural fairness where appropriate to ensure that we do not lose good teachers from the profession as a result of vexatious complaints.”— 2016-09-01View Hansard
Supported the bill, highlighting the benefits of prep seen in his electorate's schools and backing the faster teacher disciplinary processes.
“This is a good bill. Having worked on the bill with my fellow committee members, I know that this is good legislation and it should be passed by the House.”— 2016-09-01View Hansard
Supported the bill but raised concerns about protections for teachers against vexatious claims that can destroy their careers.
“I feel there needs to be protections against vexatious claims. If a person is guilty then the book should be thrown at them. When it comes to vexatious claims, people's names and integrity need to be protected.”— 2016-09-01View Hansard
Supported the bill, arguing children not in prep are at a distinct disadvantage and highlighting international evidence of long-term benefits from prep education.
“International evidence indicates that children who have participated in a quality prep or equivalent education program gain significant long-term benefits.”— 2016-09-01View Hansard
Did not oppose the bill but expressed concerns that making prep compulsory adds bureaucracy unlikely to improve attendance and argued for better protection of teachers against false accusations.
“While I can agree that the early years of learning are important, I am not sure that adding more red tape and more bureaucracy to a system that is already working well is going to dramatically improve any outcomes.”— 2016-09-01View Hansard
Supported the bill as a continuation of Labor's commitment to education, arguing prep provides long-term benefits that all Queensland children deserve.
“If we make the right decisions about education, if we invest in our children and in equipping them to be future citizens, then we are shoring up our state to be the best it can be and for Queenslanders to be the best we can.”— 2016-09-01View Hansard
Supported the bill, highlighting the importance of ensuring all children benefit from prep and strengthening teacher registration, the debt recovery mechanism and non-state school oversight.
“Education is of critical importance in ensuring a fair and equitable society. It is an issue that affects every single Queenslander whether they are a student, a parent or a teacher.”— 2016-09-01View Hansard
Supported the bill as a good step acknowledging research on prep benefits, while cautioning against additional red tape and defending the former LNP government's education record.
“The bill before the House is a good step, but I think it is a bit rich for any member of the ALP government to stand here and point the finger at the LNP government when we picked up so many errors, so many mistakes and so many tragedies and turned it around.”— 2016-09-01View Hansard
Supported the bill, defending its safeguards against vexatious complaints and arguing earlier structured learning leads to better life outcomes for children.
“It is very important that we continue to invest in education and our young people to ensure that our young people do have a flying start to their education and a flying start to life.”— 2016-09-01View Hansard
Supported the bill as giving all Queensland children the foundation that compulsory prep provides, and strengthening teacher registration.
“In 2015 in Queensland, there were 500 children who were not able to start developing the wings of their education. They were the children who did not attend prep. This bill will ensure that all of the state's children will begin developing their wings and will benefit from compulsory prep at the start of 2017.”— 2016-09-01View Hansard
Supported the bill's intent but raised practical concerns about capacity in growing areas, access in island communities and equitable treatment of teacher aides.
“There are some things that I have concerns about, despite the admirable intentions of the bill. I will use the Redlands experience to highlight what might be some problems in the rest of the state.”— 2016-09-01View Hansard
Supported the bill as another Labor educational reform that focuses on starting education as early as possible, backed by international research.
“I support this bill because it does something very important: it starts the education process early. We know from international research that the earlier we start education the better.”— 2016-09-01View Hansard
Supported the bill, drawing on her own family's positive experience of prep and arguing all children should reap its benefits.
“It was a Labor government that kick-started universal prep in 2007, addressing a great disadvantage for our youngsters—something I as a Labor member in this House am tremendously proud of.”— 2016-09-01View Hansard
Did not oppose the bill but raised serious concerns about how compulsory prep will work for isolated and itinerant families, distance education students and data-drought-affected rural areas.
“I am concerned that there has not been enough effort from the government to clearly articulate what this legislation will mean for those isolated and potentially itinerant families and how this legislation will work in practice for them.”— 2016-09-01View Hansard
▸In Detail1 Sept 2016View Hansard
Technical amendment to clause 115 to correct an incorrect chapter reference in section 231 of the Education (Queensland College of Teachers) Act 2005.
Amendment to clause 133 clarifying that section 288(6) of the Education (Queensland College of Teachers) Act applies to persons whose permission to teach is cancelled, as well as those whose registration is cancelled.
That the amendment be agreed to
The motion passed.
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Ayes (44)
Noes (42)
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