Grammar Schools Bill 2016

Introduced: 16/8/2016By: Hon K Jones MPStatus: PASSED with amendment
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Plain English Summary

Overview

This bill replaces Queensland's 1975 grammar schools law with modern legislation covering the eight grammar schools at Brisbane, Ipswich, Rockhampton, Toowoomba and Townsville. It modernises board governance, cuts financial red tape, and permanently closes the door on new grammar schools being created.

Who it affects

Mainly grammar school board members, staff, donors, and the parents of the roughly 10,000 students at the eight schools. Other private schools using 'grammar' in their name face fines unless they are one of two grandfathered exceptions.

Key changes

  • Grammar school boards can grow from 7 to up to 9 members, with boards choosing the two extra Ministerial nominees
  • Prospective and current board members can be required to consent to a police criminal history check, with up to a 100 penalty unit fine for leaking that information
  • Prescriptive financial rules are scrapped in favour of the general Financial Accountability Act 2009 and Statutory Bodies Financial Arrangements Act 1982
  • No new grammar schools can ever be created under this Act - the existing eight are it
  • Other schools face fines of up to 200 penalty units for using 'grammar' in their name, with grandfathered exemptions for Anglican Church Grammar School and Sunshine Coast Grammar School
  • Board members who consent to unlawful borrowing become personally and jointly liable to repay the money plus 12% interest

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced16 Aug 2016View Hansard
First Reading16 Aug 2016View Hansard
Committee16 Aug 2016View Hansard

Referred to Education, Tourism, Innovation and Small Business Committee

Committee Findings
Recommended passage

The Education, Tourism, Innovation and Small Business Committee examined the Grammar Schools Bill 2016, which modernises the governance framework for Queensland's eight grammar schools. The committee recommended the bill be passed with an amendment to strengthen privacy protections for board members' criminal history information. The government supported both recommendations and committed to amending the bill accordingly.

Key findings (4)
  • The bill replaces the Grammar Schools Act 1975 with updated governance arrangements for Queensland's eight grammar schools, which have operated since the 1860s
  • The committee identified a gap in privacy safeguards: information about a board member's conviction for an indictable offence disclosed under clause 23 did not have the same protections as criminal history information obtained under clause 21
  • The committee considered provisions allowing certain matters to be prescribed by regulation and found their use justified given the nature of the matters and that regulations are subject to disallowance
  • The government supported the committee's recommendation to amend the bill to ensure consistent privacy protections for criminal history information
Recommendations (2)
  • The committee recommends that the Grammar Schools Bill 2016 be passed.
  • The committee recommends that the Grammar Schools Bill 2016 be amended to provide safeguards to protect information regarding a board member's conviction for an indictable offence.
AI-generated summary — may contain errors
Committee Report27 Sept 2016

Committee report tabled

Second Reading12 Oct 2016View Hansard

Vote on a motion

A procedural motion that was defeated 43 ayes to 44 noes.

Defeated43 ayes – 44 noes2016-10-12

The motion was rejected.

A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.

Show individual votes

Ayes (43)

Barton(Liberal National Party)
Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Costigan(North Queensland First)
Cramp(Liberal National Party)
Crandon(Liberal National Party)
Cripps(Liberal National Party)
Davis(Liberal National Party)
Dickson(One Nation Party)
Elmes(Liberal National Party)
Emerson(Liberal National Party)
Frecklington(Liberal National Party)
Hart(Liberal National Party)
Janetzki(Liberal National Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Mander(Liberal National Party)
McArdle(Liberal National Party)
McEachan(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Pyne(Independent)
Rickuss(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Seeney(Liberal National Party)
Simpson(Liberal National Party)
Smith(Liberal National Party)
Sorensen(Liberal National Party)
Springborg(Liberal National Party)
Stevens(Liberal National Party)
Stuckey(Liberal National Party)
Walker(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)

Noes (44)

Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Butcher(Australian Labor Party)
Byrne(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
Donaldson(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Jones(Australian Labor Party)
Katter(Katter's Australian Party)
Kelly(Australian Labor Party)
King(Australian Labor Party)
Knuth(Katter's Australian Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lynham(Australian Labor Party)
Madden(Australian Labor Party)
Miles(Australian Labor Party)
Miller(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Pearce(Australian Labor Party)
Pease(Australian Labor Party)
Pegg(Australian Labor Party)
Pitt(Australian Labor Party)
Power(Australian Labor Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
Saunders(Australian Labor Party)
Stewart(Australian Labor Party)
Trad(Australian Labor Party)
Whiting(Australian Labor Party)
Williams(Independent)
de Brenni(Australian Labor Party)
15 members spoke15 support
4.02 pmHon. KJ JONESSupports

As Minister for Education, introduced the second reading and explained the bill replaces the 1975 Act with modernised legislation, flagging acceptance of the committee's recommended amendment to add privacy safeguards for criminal history disclosures.

The modest but important reforms contained in this bill will provide grammar schools with a contemporary framework to ensure the continued success of grammar schools in Queensland's education system... I commend the bill to the House.2016-10-12View Hansard
12.36 pmHon. KJ JONESSupports

Education Minister introduced the bill to replace the 1975 Grammar Schools Act with modern legislation, modifying board governance, reducing red tape, and removing the power to establish new grammar schools.

The bill contains modest but important reforms that will ensure that grammar schools continue to play a role in Queensland’s education system into the future.2016-08-16View Hansard
4.10 pmMs DAVISSupports

As shadow education minister, supported the bill which modernises grammar school governance, cuts red tape around financial accountability, and reforms board membership while accepting the committee's recommendation on safeguarding criminal history information.

Educating our children should always be a priority. Providing choice in quality education options to parents and carers is something we should always encourage in the very strongest of terms because at the end of the day our children absolutely deserve it.2016-10-12View Hansard
4.21 pmMr STEWARTSupports

As committee chair, supported the bill's reforms including removing the power to establish future grammar schools, providing flexibility for board appointments, and reducing red tape while maintaining financial accountability.

I believe that these changes to the Grammar Schools Act are necessary to modernise the current legislation. We all acknowledge this evening the vital role that grammar schools provide right across our state as an alternative form of education. I therefore commend this bill to the House.2016-10-12View Hansard
4.29 pmMr WATTSSupports

Supported the bill's modernisation of board structure and succession planning, while urging the minister to address delays in appointing board members that can extend up to 18 months.

I think the bill strikes a good balance, as I say, with the minister being aware there have been some lengthy delays in the past in relation to appointing those members to the board... I support the bill.2016-10-12View Hansard
4.35 pmMr WILLIAMSSupports

Supported the bill including the board reform provisions, financial accountability changes and the safeguards for criminal history information disclosure.

The aforementioned disclosure requirements are a safeguard for grammar schools and this amendment is necessary to meet community expectations. I commend the bill to the House.2016-10-12View Hansard
4.44 pmMiss BARTONSupports

Supported the bill's cutting of red tape, removal of prescriptive financial accountability requirements, and changes to board membership while asking the minister about the process for ministerial appointments.

It is something we can be very proud of and I look forward to continuing to support the passage of this bill through the House.2016-10-12View Hansard
4.50 pmMr SAUNDERSSupports

Supported the bill as providing choice in education, noting the bill's changes to board membership and criminal history checks are important for grammar school boards.

This is a good bill and it is good to see choice in education. I commend the bill to the House.2016-10-12View Hansard
4.55 pmMr DICKSONSupports

Supported the bill, highlighting the committee's amendment recommendation regarding safeguards for criminal history information and noting the exemption for Sunshine Coast Grammar School in his electorate.

The committee has considered the bill and the information provided by the department and the information and views expressed in submissions and recommended that the bill be passed.2016-10-12View Hansard
5.00 pmMs FARMERSupports

Supported the bill as a common-sense modernisation removing prescriptive financial requirements in favour of generic statutory bodies legislation, and reforming board membership for better succession planning.

This bill is underpinned by two of the fundamental principles of the Palaszczuk Labor government when it comes to education. One is that every child has the right to have the same access to high-quality public education in his or her own local area and also that every student has the right to access the education of their choice.2016-10-12View Hansard
5.09 pmMr BOOTHMANSupports

Supported the bill's three major changes to board membership, financial accountability red tape reduction, and prevention of new grammar schools, while advocating for equal funding across schools.

We need to make sure that there is choice for parents and that schools are equally funded across-the-board to ensure that each child, no matter where they live, is not discriminated against.2016-10-12View Hansard
5.18 pmMs HOWARDSupports

Supported the bill, highlighting Ipswich Grammar School (the first grammar school) and Ipswich Girls Grammar School in her electorate as outstanding examples of the sector.

I am very pleased to support the Grammar Schools Bill 2016 and I commend it to the House.2016-10-12View Hansard
5.26 pmHon. G GRACESupports

Supported the bill's modernisation of grammar school governance, highlighting Brisbane Girls Grammar and Brisbane Grammar in her electorate and noting the bill cuts red tape without compromising governance oversight.

This bill really establishes them for the future. I commend the bill to the House.2016-10-12View Hansard
5.36 pmMrs LAUGASupports

As a former Rockhampton Grammar School captain, supported the bill whose main purpose is to maintain public confidence in grammar schools and regulate their governance and administration.

This evening I rise to speak in support of the Grammar Schools Bill 2016. The main purpose of the bill is to maintain public confidence in grammar schools and to regulate the governance and administration of grammar schools.2016-10-12View Hansard
5.43 pmMr MADDENSupports

Supported the bill's reforms, highlighting that the minister's power to obtain criminal history information is balanced by safeguards to protect the rights of individuals.

The bill includes safeguards to protect the interests of individuals whose criminal history is obtained under the act. I commend the bill to the House.2016-10-12View Hansard
In Detail12 Oct 2016View Hansard
Government amendmentPassed

Amendment No. 1: Omit lines 8 to 10 on page 16 of Clause 21 (Criminal history report), removing certain provisions relating to the criminal history report disclosure requirements.

Moved by Hon. KJ JONES
Government amendmentPassed

Amendment No. 2: Omit Clause 22, removing the existing provision regarding criminal history reports in favour of a new consolidated section.

Moved by Hon. KJ JONES
Government amendmentPassed

Amendment No. 3: Insert new clause 23A (Confidentiality of criminal history information) after clause 23, providing that officers, employees or agents who possess criminal history information must not disclose it to another person (maximum penalty 100 penalty units) unless authorised, and requiring the Minister to ensure such documents are destroyed as soon as practicable after no longer needed. This implements the committee's recommendation for safeguards on criminal history information.

Moved by Hon. KJ JONES
Third Reading12 Oct 2016View Hansard
Royal Assent20 Oct 2016

Sectors Affected

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