1 Name of Regulation
This Regulation is the Education Standards Authority Regulation 2019.
2 Commencement
This Regulation commences on 1 September 2019 and is required to be published on the NSW legislation website.Note—This Regulation replaces the Education Standards Authority Regulation 2013, which is repealed on 1 September 2019 by section 10 (2) of the Subordinate Legislation Act 1989.
3 Definition
(1) In this Regulation—the Act means the Education Standards Authority Act 2013.Note—The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.(2) Notes included in this Regulation do not form part of this Regulation.
4 Delegation of Authority’s functions
For the purposes of paragraph (f) of the definition of in section 12B (2) of the Act, the following are prescribed—(a) principals (however described) of schools in the State and schools outside the State that are recognised by the Authority,(b) directors (or equivalent) of TAFE establishments within the meaning of the Technical and Further Education Commission Act 1990 or NVR registered training organisations within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth,(c) chief executive officers (or equivalent) of approved providers within the meaning of section 83M of the Education Act 1990,(d) persons employed in the Department of Education,(e) members of staff of a non-government schools authority within the meaning of section 26A of the Education Act 1990,(f) ECEC executives within the meaning of section 3 of the Teacher Accreditation Act 2004,(g) members of staff of a teacher accreditation authority approved by the Minister under section 4 (4) of the Teacher Accreditation Act 2004,(h) members of staff of a teacher accreditation authority approved by the Authority under section 4 (5A) of the Teacher Accreditation Act 2004.
5 Exchange of information
For the purposes of paragraph (e) of the definition of relevant agency in section 16 (5) of the Act, the following are prescribed—(a) a person or body responsible for registering or accrediting teachers under the law of a jurisdiction outside Australia,(b) the Association of Independent Schools of NSW,(c) the Australasian Teacher Regulatory Authorities,(d) the Australian Institute for Teaching and School Leadership Limited,(e) Catholic Schools NSW Limited,(f) Education Services Australia Limited,(g) the Office of the Children’s Guardian,(h) a non-government school within the meaning of section 3 of the Education Act 1990,(i) an ECEC executive within the meaning of section 3 of the Teacher Accreditation Act 2004.
6 Savings
Any Act, matter or thing that, immediately before the repeal of the Education Standards Authority Regulation 2013, had effect under that Regulation continues to have effect under this Regulation.
Schedule 1 Penalty notice offences
For the purposes of section 23 of the Act—(a) each offence specified in this Schedule is an offence for which a penalty notice may be issued, and
(b) the amount payable under the penalty notice is the amount specified in this Schedule for the offence.
Column 1 | Column 2 |
Provision | Penalty |
Offences under the Education Act 1990 | |
Section 57A (4) | $200 |
Section 83R | $2,000 |
Section 87A (5) | $200 |
Offences under the Teacher Accreditation Act 2004 | |
Section 26 (2) | $500 |
Section 28 | $1,000 |
Section 42B | $500 |