Education (Overseas Students) Bill 2017
Plain English Summary
Overview
This bill replaces Queensland's old overseas students law, creates a new statutory regime for international secondary student exchange programs, and sets up the legal framework for the new senior assessment system and ATAR that began with Year 11 students in 2019. It also makes minor amendments to home education rules, school councils and school terminology.
Who it affects
Queensland schools teaching overseas students, student exchange organisations like Rotary, families hosting or sending exchange students, home-educating parents, and every senior school student from the 2019 Year 11 cohort who will receive an ATAR instead of an OP.
New approval regime for schools teaching overseas students
Replaces the 1996 Act with a modern regime that better aligns with the Commonwealth ESOS Act and the CRICOS national register. Schools need a 'school provider approval' (up to 7 years) and can face compliance notices, suspension or cancellation if they breach the Commonwealth Act, the National Code or the ELICOS Standards.
- Schools must hold a school provider approval to offer courses to overseas students, with approvals running up to 7 years
- Grounds for compliance action now include breaches of the Commonwealth ESOS Act and National Code, not just state law
- The chief executive can immediately suspend an approval without a show-cause process if there is an immediate risk to student safety, health or wellbeing
- Operating without approval carries a maximum penalty of 200 penalty units
First statutory regime for student exchange organisations
Rotary, schools and other not-for-profits running international secondary exchange programs must hold a student exchange approval (up to 6 years). The chief executive must publish guidelines covering reciprocity, host family selection, blue card checks, insurance and student support, and maintain a public register of approved organisations.
- Exchange organisations must be approved and listed on a public register
- Programs must be without tuition fees, up to 12 months, with reciprocal numbers of Queensland and overseas students
- Mandatory chief executive guidelines cover staff screening, blue cards, host families and insurance
- External review rights through QCAT apply for the first time to exchange organisations
New senior assessment system and ATAR
Gives the Queensland Curriculum and Assessment Authority (QCAA) functions to endorse school-based assessments, develop and mark external assessments, and share student data with the Queensland Tertiary Admissions Centre (QTAC) so QTAC can calculate ATARs. The changes apply to students entering Year 11 in 2019.
- External assessment (set and marked by QCAA) generally counts for 25% of most subjects and 50% of most maths and science subjects
- School-based assessments must be endorsed by QCAA before use, and samples are reviewed to confirm grades
- QTAC takes over tertiary entrance ranking, replacing the Overall Position (OP) with ATAR
- The QCAA can require school principals to provide assessment documents for quality assurance
Home education and school council changes
Home education registration now runs to 31 December of the year a child turns 17, and a child stays registered during any review of a refusal or cancellation. Parents must include a summary of the educational program, not just a learning philosophy. School councils can adopt model constitution amendments without chief executive approval.
- Home education eligibility standardised until 31 December of the year the child turns 17
- Children remain registered while review rights are being exercised, so parents don't breach compulsory schooling laws
- Home education applications must include an educational program summary (learning philosophy alone is no longer enough)
- School councils can make constitution changes that match the model constitution without needing chief executive approval
Investigation and enforcement powers
Introduces authorised persons with powers to enter premises (by consent or warrant), inspect records and seize evidence. Creates new offences for obstruction, false information and impersonation, alongside a compliance notice regime for rectifiable breaches.
- Authorised persons can enter and inspect only with consent or a magistrate's warrant
- Obstructing or impersonating an authorised person carries up to 100 penalty units
- Giving false or misleading information carries up to 20 penalty units
- Internal review of decisions is available, with external review by QCAT
Minor amendments and modernisation
Replaces 'pre-preparatory' with 'kindergarten' across the EGPA, moves the list of mature-age state schools from regulation to the department's website for flexibility, and corrects cross-references in the Working with Children Act.
- 'Pre-preparatory' renamed to 'kindergarten' throughout
- Mature-age state schools now listed on the department's website rather than prescribed in regulation
- Corrects inaccurate section references in the Working with Children (Risk Management and Screening) Act 2000
Bill Journey
Committee report tabled
Referenced Entities
Legislation
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Sectors Affected
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