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 Journey
Committee report tabled
Referenced Entities
Legislation
Organisations
Programs & Schemes
Sectors Affected
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