2009
2009
2009-07-02
act
government
publicspecial
act.reprint
allinforce
2009-06-18
2009-06-18
1
2009-07-02
act-1987-015
2009
none
act-2009-057
de87fbfb-32c7-4e44-80c8-e55e78434bcc
c34b8154-8d4f-4353-8106-b0baeb325dc6
Note—
The Act was repealed by sec 30C of the Interpretation Act 1987 No 15 with
effect from 2.7.2009.
An Act to amend the Education Act 1990 and the Education Regulation 2007 with respect
to the publication of school results.
1Name of
Act
This Act is the Education
Amendment (Publication of School Results) Act
2009.
2Commencement
This Act commences on the date of assent to this
Act.
Schedule 1Amendment of Education Act 1990 No
8
[1]Section
18A
Omit the section. Insert instead:
18APublication of school
results
(1)
In this section:
relevant
national agreement means an agreement between the State and
the Commonwealth that gives effect to a national protocol or arrangement for
the provision and publication of school results.
school
results means the following results (whether they are the
results of individuals or of schools or any other results):
(a)
results of national basic skills testing
(including testing under section 18),
(b)
results of School Certificate and Higher School
Certificate examinations and related assessments,
(c)
results of annual or other periodic assessments
of the academic performance of students contained in reports to parents on
student achievement.
The regulations may determine whether particular results
are or are not results referred to in paragraphs
(a)–(c).
(2)
School results may, in accordance with a relevant
national agreement, be provided by the State to the Commonwealth or to an
authority established by the Commonwealth.
(3)
School results must not be publicly revealed in a
way that ranks or otherwise compares the results of particular schools, except
as authorised by or under a relevant national agreement.
(4)
A person must not, in a newspaper or other
document that is publicly available in this State:
(a)
publish any ranking or other comparison of
particular schools according to school results, except with the permission of
the principals of the schools involved, or
(b)
identify a school as being in a percentile of
less than 90 per cent in relation to school results, except with the
permission of the principal of the school.
Maximum penalty: 50 penalty units in the case of
an individual and 500 penalty units in any other case.
(5)
Nothing in subsection (4) prohibits:
(a)
anything authorised to be done by or under a
relevant national agreement, or
(b)
the publication of the ranking of the schools in
the top 10 per cent in relation to the results of Higher School Certificate
examinations and related assessments so long as the information used to
determine that ranking is information as to the results of students that may
be publicly revealed under subsection (6) (c).
(6)
School results must not be publicly revealed if
the results of an identified student are revealed, except as follows:
(a)
to the student or to the student’s parents,
or to anyone with the student’s or parent’s
consent,
(b)
to the principal of a school (including a school
in another State or Territory) at which the student is enrolling, is enrolled
or was previously enrolled,
(c)
in the case of results of School Certificate or
Higher School Certificate examinations and related assessments—by or
with the approval of the Board, by way of the publication of the results of
students who the Board considers have achieved outstanding
results.
(7)
The functions of the State under this section may
be exercised by the Director-General or, if authorised by a relevant national
agreement, by a State educational authority that arranges the testing,
examinations or assessments concerned.
(8)
This section has effect despite any other Act or
law or the decision of any tribunal.
[2]Schedule 3 Savings,
transitional and other provisions
Insert at the end of clause 2 (1):
Education
Amendment (Publication of School Results) Act
2009
[3]Schedule
3
Insert at the end of the Schedule:
Part 10Provisions consequent on
enactment of Education Amendment (Publication of
School Results) Act 2009
18Definition and
application
(1)
In this Part:
amending
Act means the Education
Amendment (Publication of School Results) Act
2009.
(2)
This Part has effect despite any other Act or law
or the decision of any tribunal.
19Application of amending Act to
previous school results
Section 18A (as substituted by the amending Act)
extends to school results for testing, examinations and assessments held
before the commencement of the amending Act.
20FOI
exemption—transitional arrangement
Until the repeal of the Freedom of Information Act 1989, clause
12 of Schedule 1 to that Act applies to a breach of the confidentiality
provisions of section 18A of this Act in the same way as it applies to an
offence against an Act.
21Crown Employees (Teachers in Schools and Related Employees)
Salaries and Conditions Award 2009
On and from the commencement of the amending Act,
clauses 13.2, 13.3 and 36.1.2 of the Crown Employees (Teachers in Schools and Related Employees)
Salaries and Conditions Award 2009 cease to have
effect.
Schedule 2Amendment of Education Regulation
2007
Clause 4 Publication of
results and other matters
Omit the clause.
Historical
notes
Table of amending
instruments
Education
Amendment (Publication of School Results) Act 2009 No 57.
Assented to 1.7.2009. Date of commencement, assent, sec
2.