Australian Capital Territory
Board of Senior Secondary Studies Act 1997    
A1997-87
Republication No 11
Effective:  3 June 2015 – 20 August 2015
Republication date: 3 June 2015
Last amendment made by A2015‑16

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Board of Senior Secondary Studies Act 1997 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 3 June 2015.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 3 June 2015.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Board of Senior Secondary Studies Act 1997

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Dictionary	2
	3	Notes	2
Part 2	Key concepts
	3A	What is senior secondary education?	3
	3B	What is a recognised educational institution?	3
	3C	What is a national agreement?	3
Part 3	Board of Senior Secondary Studies
	4	Establishment of board	4
	5	Functions of board	4
	5A	Additional functions about accreditation of courses	5
	5B	Additional functions about assessment of students	5
	5C	Additional functions about certificates of attainment	6
	5D	Additional functions about performance and policies	7
	6	Other functions of board	7
	7	Ministerial directions	8
	8	Membership of board	8
	10	Term of appointment of board members	9
	11	Disclosure of interests by board members	10
	12	Ending board member appointments	12
	13	Time and place of board meetings	12
	14	Presiding member at board meetings	12
	15	Quorum at board meetings	12
	16	Voting at meetings	13
	17	Conduct of meetings etc	13
	18	Delegation by board	13
	19	Staff	14
	20	Protection of board members from liability	14
Part 4	Accredited and registered courses
Division 4.1	Accreditation of courses
	21	Board may initiate accreditation of course	15
	22	Application for accreditation of course	15
	23	Review of conditional accreditation or refusal	15
	24	Considerations relating to accreditation of courses	16
Division 4.2	Registration of courses
	25	Application for registration of course	16
Division 4.3	Certificates of attainment
	26	Issue of certificates of attainment	17
	26A	Application for review if board refuses to issue certificate	18
	27	Review of refusal to issue certificate	18
Division 4.4	Specialist education providers
	27A	Approved specialist education providers	18
	27B	Criteria for approval	19
	27C	Suspension of approval	19
	27D	Cancellation of approval	19
Part 4A	Notification and review of decisions
	27E	Meaning of reviewable decision—pt 4A	20
	27F	Reviewable decision notices	20
	27G	Applications for review	20
Part 5	Miscellaneous
	28	Information about academic performance	21
	29	Register of courses	21
	30	Approved forms	21
Schedule 1	Reviewable decisions	22
Dictionary		23
Endnotes
	1	About the endnotes	24
	2	Abbreviation key	24
	3	Legislation history	25
	4	Amendment history	27
	5	Earlier republications	32

Australian Capital Territory
Board of Senior Secondary Studies Act 1997

An Act to establish a board of senior secondary studies

    

Part 1	Preliminary
    
1	Name of Act
This Act is the Board of Senior Secondary Studies Act 1997.
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
	For example, the signpost definition ‘senior secondary education—see section 3A’ means that the term ‘senior secondary education’ is defined in that section.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
3	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2	Key concepts
3A	What is senior secondary education?
Education is senior secondary education if it is normally provided to students in the final 2 years of full-time secondary schooling.
3B	What is a recognised educational institution?
An educational institution is a recognised educational institution if it—
	(a)	is established or registered under a law of the Commonwealth, a State or another Territory; and
	(b)	provides, or offers to provide, courses suitable for senior secondary education.
3C	What is a national agreement?
	(1)	This section applies to an agreement if it—
	(a)	is entered into by the Territory, the Commonwealth, a State or the Northern Territory; and
	(b)	deals with the provision of vocational education.
	(2)	The Minister may declare the agreement is a national agreement.
	(3)	A declaration under subsection (2) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.

Part 3	Board of Senior Secondary Studies
    
4	Establishment of board
	(1)	The Board of Senior Secondary Studies is established.
Note	The Legislation Act, dict, pt 1, defines establish as including continue in existence.
	(2)	The board—
	(a)	is a corporation; and
	(b)	may sue and be sued in its corporate name; and
	(c)	may have a seal.
	(3)	The board represents the Territory when exercising its functions, unless this Act or another territory law otherwise provides.
5	Functions of board
The main functions of the board are as follows:
	(a)	to accredit or register courses taught by recognised educational institutions; 
	(b)	to approve, consistent with national agreements, recognised educational institutions for teaching vocational education courses; 
	(c)	to establish guidelines for the development of courses by the board or by a recognised educational institution; 
	(d)	to establish principles and procedures for the assessment of attainments of students and the moderation of the assessments; 
	(e)	to provide to people who have undertaken courses, or units of courses, certificates and transcripts of their attainments; 
	(f)	to provide information on—
	(i)	the performance of students and former students; and
	(ii)	the policies and procedures of the board; 
	(g)	to review its own operations and the operation of this Act; 
	(h)	to advise the Minister on any matter mentioned in this section (including something mentioned in section 5A to section 5D).
Note	A provision of a law that gives an entity a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
5A	Additional functions about accreditation of courses
For section 5 (a), the board has the following additional functions:
	(a)	to establish guidelines (accreditation guidelines) for the accreditation of courses, including vocational education courses;
	(b)	to ensure national agreements about the accreditation of vocational education and training courses are applied, if appropriate;
	(c)	to identify the minimum resources necessary for the satisfactory provision of the courses that the board decides.
5B	Additional functions about assessment of students
For section 5 (d), the board has the following additional functions:
	(a)	to prepare guidelines and requirements for the assessment of student attainments;
	(b)	to make arrangements for the administration by recognised educational institutions of the test known as the Australian Scaling Test, or any other test instead of the Australian Scaling Test that is approved by the board;
	(c)	to develop and implement procedures for the moderation of student assessments;
	(d)	to develop procedures for—
	(i)	recognised educational institutions to review the assessments of their students; and
	(ii)	the board to review the procedures used by recognised educational institutions to assess their students or review their student assessments; and
	(iii)	recognised educational institutions, or the board, to review disciplinary action taken by recognised educational institutions in relation to their student assessments.
5C	Additional functions about certificates of attainment
For section 5 (e), the board has the following additional functions:
	(a)	to prepare guidelines for the issue of certificates of attainment;
	(b)	to make the arrangements that the board considers appropriate to ensure to the greatest extent possible that certificates issued by the board are recognised by employers and providers of further training or higher education;
	(c)	to consult institutions that provide tertiary education or vocational education or training for the purpose of reviewing from time to time the effect of their requirements and procedures for the admission of students and to provide appropriate guidance to the institutions;
	(d)	to issue, consistent with national agreements, certificates or other evidence of the achievements of vocational education or training qualifications.
5D	Additional functions about performance and policies
For section 5 (f), the board has the following additional functions:
	(a)	to collect and record information about the performances of students;
	(b)	to provide, to institutions that provide tertiary education or vocational education or training, information on applicants for admission to the institutions;
	(c)	to publicise the guidelines, requirements, procedures and standards for assessments, certification and accreditation used by the board;
	(d)	to make available, as decided by the board, statistical information about—
	(i)	senior secondary education in the ACT; and
	(ii)	the functions of the board;
	(e)	if appropriate, to recognise secondary educational attainments obtained outside the ACT and provide statements of equivalence if asked.
6	Other functions of board
The board may—
	(a)	appoint the committees and advisory panels that it considers appropriate; and
	(b)	issue certificates of attainment to people who have undertaken courses or units of courses.
Note	A provision of a law that gives an entity a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
7	Ministerial directions
	(1)	The Minister may give a direction to the board about the exercise of its functions.
	(2)	The Minister may not give a direction that relates to a particular student or a particular assessment.
	(3)	The board must give effect to a direction under this section.
	(4)	A direction is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
8	Membership of board
	(1)	The board must consist of the following members:
	(a)	a chair;
	(b)	1 person appointed after consultation with the Canberra Institute of Technology;
	(c)	1 person appointed after consultation with vocational education and training organisations;
	(d)	1 person appointed after consultation with the Australian National University;
	(e)	1 person appointed after consultation with the University of Canberra;
	(f)	1 person appointed after consultation with the body known as the Association of Independent Schools;
	(g)	1 person appointed after consultation with the ACT branch of the Australian Education Union;
	(h)	1 person appointed after consultation with the body known as the Catholic Education Commission;
	(i)	1 person appointed after consultation with the body known as the ACT Principals’ Association Inc.;
	(j)	1 person appointed after consultation with the body known as the ACT Council of Parents and Citizens Associations;
	(k)	1 person appointed after consultation with the Association of Parents and Friends of the ACT Schools Inc.;
	(l)	1 person appointed after consultation with the ACT and Region Chamber of Commerce and Industry;
	(m)	1 person appointed after consultation with the ACT Trades and Labour Council;
	(n)	the director‑general.
	(2)	The Minister must appoint the board members (other than the director‑general).
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. 
Note 2	In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
Note 3	Certain Ministerial appointments require consultation with a Legislative Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
	(3)	The Minister may appoint a person to be a board member only if satisfied that the person has qualifications and expertise relevant to the functions of the board.
10	Term of appointment of board members
An appointment of a board member must be for a term of not longer than 3 years.
Note	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
11	Disclosure of interests by board members
	(1)	A board member who has a material interest in an issue being considered, or about to be considered, by the board must, as soon as practicable after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a board meeting.
	(2)	The disclosure must be recorded in the board’s minutes and, unless the board otherwise decides, the board member must not—
	(a)	be present when the board considers the issue; or
	(b)	take part in a decision of the board on the issue.
Example
Albert, Boris and Chloe are members of the board.  They have an interest in an issue being considered at a board meeting and they disclose the interest as soon as they become aware of it.  Albert’s and Boris’ interests are minor but Chloe has a direct financial interest in the issue.
The board considers the disclosures and decides that because of the nature of the interests:
·	Albert may be present when the board considers the issue but not take part in the decision
·	Boris may be present for the consideration and take part in the decision.
The board does not make a decision allowing Chloe to be present or take part in the board’s decision.  Accordingly, Chloe cannot be present for the consideration of the issue or take part in the decision.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	Any other board member who also has a material interest in the issue must not be present when the board is considering its decision under subsection (2).
	(4)	In this section:
associate, of a person, means—
	(a)	the person’s business partner; or
	(b)	a close friend of the person; or
	(c)	a family member of the person.
executive officer, of a corporation, means a person, however called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management.
indirect interest—without limiting the kinds of indirect interests a person may have, a person has an indirect interest in an issue if any of the following has an interest in the issue:
	(a)	an associate of the person;
	(b)	a corporation with not more than 100 members of which the person, or an associate of the person, is a member;
	(c)	a subsidiary of a corporation mentioned in paragraph (b);
	(d)	a corporation of which the person, or an associate of the person, is an executive officer;
	(e)	the trustee of a trust of which the person, or an associate of the person, is a beneficiary;
	(f)	a member of a firm or partnership of which the person, or an associate of the person, is a member;
	(g)	someone else carrying on a business if the person, or an associate of the person, has a direct or indirect right to participate in the profits of the business.
material interest—a board member has a material interest in an issue if the member has—
	(a)	a direct or indirect financial interest in the issue; or
	(b)	a direct or indirect interest of any other kind if the interest could conflict with the proper exercise of the member’s functions in relation to the board’s consideration of the issue.
12	Ending board member appointments
	(1)	This section applies to a board member other than the director‑general.
	(2)	The Minister must end the board member’s appointment—
	(a)	if the member is convicted, in the ACT, of an offence punishable by imprisonment for at least 1 year; or
	(b)	if the member is convicted outside the ACT, in Australia or elsewhere, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or
	(c)	if the member contravenes section 11 (Disclosure of interests by board members); or
	(d)	if the member is absent, other than on leave approved by the chair, from 3 consecutive meetings of the board.
Note	A person’s appointment also ends if the person resigns (see Legislation Act, s 210).
13	Time and place of board meetings
Meetings of the board are to be held at the times and places the chair decides.
14	Presiding member at board meetings
	(1)	The chair presides at all board meetings at which the chair is present.
	(2)	However, if the chair is absent, the board member chosen by the board members present presides.
15	Quorum at board meetings
Business may be carried on at a board meeting only if at least 8 board members (other than the director‑general) are present.
16	Voting at meetings
	(1)	At a board meeting, each board member has a vote on each question to be decided.
	(2)	A question is to be decided by a majority of the votes of the board members present and voting but, if the votes are equal, the member presiding has a deciding vote.
17	Conduct of meetings etc
	(1)	The board may conduct its proceedings (including its meetings) as it considers appropriate.
	(2)	A meeting may be held using a method of communication, or a combination of methods of communication, that allows a board member taking part to hear what each other member taking part says without the members being in each other’s presence.
Examples
a phone link, a satellite link, an internet or intranet link
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	A board member who takes part in a meeting conducted under subsection (2) is taken, for all purposes, to be present at the meeting.
	(4)	The board must keep minutes of its meetings.
18	Delegation by board
The board may delegate the board’s functions under this Act or another territory law to a board member or a board staff member mentioned in section 19.
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
19	Staff
	(1)	The board may make arrangements with the director‑general for the use of the services of a public servant (a board staff member) in the administrative unit under the director‑general’s control.
	(2)	The Public Sector Management Act 1994 applies in relation to the management by the board of a board staff member.
20	Protection of board members from liability
	(1)	A board member does not incur civil liability for an act or omission done honestly and without recklessness for this Act.
	(2)	Any civil liability that would, apart from this section, attach to a person, attaches instead to the Territory.

Part 4	Accredited and registered courses
Division 4.1	Accreditation of courses
21	Board may initiate accreditation of course
	(1)	The board may, on its own initiative, accredit a course.
	(2)	In deciding whether to initiate accreditation of a course, the board must consider the accreditation guidelines.
	(3)	An accreditation under subsection (1) may be conditional.
22	Application for accreditation of course
	(1)	A recognised educational institution may apply to the board for the accreditation of a course to be taught at the institution.
	(2)	The board must either—
	(a)	accredit the course; or
	(b)	refuse to accredit the course.
	(3)	An accreditation is in force for the period that the board decides.
	(4)	An accreditation may be conditional.
	(5)	The board must tell the applicant, in writing, of its decision.
23	Review of conditional accreditation or refusal
	(1)	This section applies if the board, under section 22—
	(a)	accredits a course conditionally; or
	(b)	refuses to accredit a course.
	(2)	The applicant for accreditation may, within 1 month after the day the board tells the applicant about the board’s decision under section 22, ask the board, in writing, to review the decision.
	(3)	Within 1 month after the day the board receives the request, the chair of the board must set up a committee to advise the board about the request.
	(4)	As soon as practicable after the board receives advice from the committee, the board must review its decision and either—
	(a)	confirm the original decision; or
	(b)	replace the original decision with a decision that the board may make under section 22.
	(5)	The board must tell the applicant, in writing, of the board’s decision.
24	Considerations relating to accreditation of courses
In making a decision under this division, the board must consider the following:
	(a)	the coherence of the course;
	(b)	the appropriateness of the course;
	(c)	the clarity of the course;
	(d)	how it is intended to teach the course;
	(e)	the relevant guidelines of the board;
	(f)	the policies of the board.
Division 4.2	Registration of courses
25	Application for registration of course
	(1)	A recognised educational institution may apply to the board for the registration of a course to be taught at the institution.
	(2)	The board must—
	(a)	if the application is accompanied by documents and information that satisfies the board that the course complies with the relevant guidelines of the board—register the course; or
	(b)	in any other case—refuse to register the course.
	(3)	A registration is in force for the period that the board decides.
	(4)	A registration may be conditional.
	(5)	The board must tell the applicant, in writing, of its decision.
Division 4.3	Certificates of attainment
26	Issue of certificates of attainment
	(1)	If a person has satisfactorily completed an accredited course or registered course, or a unit of an accredited course or registered course, at a recognised educational institution, the board must give the person a certificate showing the person’s attainment (a certificate of attainment).
	(2)	However, the board may give a certificate of attainment only if the board is satisfied that—
	(a)	the course has been taught in accordance with—
	(i)	the relevant accreditation guidelines; and
	(ii)	if the accreditation is conditional—the conditions of the accreditation; and
	(iii)	any guidelines and requirements of the board about the teaching of the course; and
	(b)	the person has been assessed in accordance with any guidelines and requirements of the board about the assessment of student attainments (see section 5B (a)).
	(3)	In making a decision under subsection (2), the board may rely on information in a certificate from a recognised educational institution.
	(4)	A certificate of attainment may state any information that is available from the records of the board and appears to the board to be connected with the person’s studies.
26A	Application for review if board refuses to issue certificate
	(1)	This section applies to a certificate of any kind ordinarily issued by the board to a person who has completed the studies to which the certificate relates, including a certificate of attainment.
	(2)	A person dissatisfied by a refusal of the board to issue a certificate may apply, in writing, to the board for a review of the refusal.
	(3)	The application must—
	(a)	state the grounds on which the review is sought; and
	(b)	be given to the board within 1 month after the day the board states is the day when the certificate would have been issued.
27	Review of refusal to issue certificate
	(1)	Within 1 month after the day the board receives an application under section 26A, the chair of the board must set up a committee to advise the board about the application.
	(2)	As soon as practicable after the board receives advice from the committee, the board must review its decision and either—
	(a)	confirm the refusal; or
	(b)	issue the certificate.
	(3)	The board must tell the applicant, in writing, of its decision.
Division 4.4	Specialist education providers
27A	Approved specialist education providers
	(1)	The board may approve specialist education providers for this Act.
	(2)	The board must keep an up-to-date list of approved specialist education providers.
27B	Criteria for approval
The board may approve an entity as a specialist education provider only if satisfied that the following criteria (the approval criteria) are met:
	(a)	the provider will have premises and equipment that comply with any relevant territory laws about health and safety standards;
	(b)	the nature and content of the education to be offered by the provider will be satisfactory for the educational levels for which approval as a provider is sought;
	(c)	the teaching staff will be efficient and effective;
	(d)	the facility operated by the provider will be conducted in a satisfactory way;
	(e)	the disciplinary policy of the provider will not allow corporal punishment.
27C	Suspension of approval
The board may suspend the approval of a specialist education provider if the board is no longer satisfied, on reasonable grounds, that the provider meets the approved criteria under section 27B.
27D	Cancellation of approval
The board must cancel the approval of a specialist education provider if, on at least 3 occasions, a ground existed on which the board would have been entitled to suspend the approval of the provider.

Part 4A	Notification and review of decisions
    
27E	Meaning of reviewable decision—pt 4A
In this part:
reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
27F	Reviewable decision notices
If the board makes a reviewable decision, the board must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision.
Note 1	The board must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2	The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
27G	Applications for review
The following may apply to the ACAT for review of a reviewable decision:
	(a)	an entity mentioned in schedule 1, column 4 in relation to the decision;
	(b)	any other person whose interests are affected by the decision.
Note	If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

Part 5	Miscellaneous
    
28	Information about academic performance
	(1)	A person who has completed the person’s senior secondary education may apply in writing to the board for a copy of the information held by the board about the person’s academic performance.
	(2)	The board must give a copy of the information to the applicant or to someone else nominated in writing by the applicant.
29	Register of courses
	(1)	The board must keep a register of courses (the register).
	(2)	The board must enter in the register details of the following:
	(a)	courses that the board has accredited;
	(b)	courses that the board has registered;
	(c)	anything else decided by the board.
	(3)	The register must be kept in the form the board decides.
	(4)	The register must be available for inspection by the public during ordinary office hours at a place decided by the chair of the board.
30	Approved forms
	(1)	The board may approve forms for this Act.
	(2)	If the board approves a form for a particular purpose, the approved form must be used for that purpose.
Note	For other provisions about forms, see the Legislation Act, s 255.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.

Schedule 1	Reviewable decisions
(see pt 4A)

column 1
item	column 2
section	column 3
decision	column 4
entity	
1	27A	refuse to approve application for approval as specialist education provider	applicant	
2	27C	suspend approval of specialist education provider	specialist education provider	
3	27D	cancel approval of specialist education provider	specialist education provider	

Dictionary
(see s 2)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	ACAT
·	appoint
·	director‑general (see s 163)
·	establish
·	exercise
·	function
·	month
·	reviewable decision notice.
accreditation guidelines—see section 5A (a) (Additional functions about accreditation of courses).
accredited course means a course accredited under section 21 (Board may initiate accreditation of course) or section 22 (Application for accreditation of course).
board means the Board of Senior Secondary Studies.
board member means a member of the board, and includes the chair.
certificate of attainment—see section 26 (1).
course means a course of study for senior secondary students.
national agreement—see section 3C.
recognised educational institution—see section 3B.
registered course means a course registered under section 25.
reviewable decision, for part 4A (Notification and review of decisions—see section 27E.
senior secondary education—see section 3A.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	
3	Legislation history
Board of Senior Secondary Studies Act 1997 A1997‑87 
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
remainder commenced 1 January 1998 (s 2 (2) and Gaz 1997 No S398)
as amended by
Board of Senior Secondary Studies (Amendment) Act 1998 A1998‑44 
notified 30 October 1998 (Gaz 1998 No S204)
commenced 30 October 1998 (s 2)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 38
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 38 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.5
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))
sch 1 pt 1.5 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)
Education Act 2004 A2004-17 sch 2 pt 2.1
notified LR 8 April 2004
s 1, s 2 commenced 8 April 2004 (LA s 75 (1))
sch 2 pt 2.1 commenced 1 January 2005 (s 2)
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.6
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.6 commenced 2 June 2005 (s 2 (1))
Training and Tertiary Education Legislation Amendment Act 2007 A2007-12 sch 1 pt 1.3
notified LR 13 June 2007
s 1, s 2 commenced 13 June 2007 (LA s 75 (1))
sch 1 pt 1.3 commenced 1 July 2007 (s 2 and CN2007-3)
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.7
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))
sch 3 pt 3.7 commenced 26 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.12
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.12 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.7
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.7 commenced 22 September 2009 (s 2)
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.17
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.17 commenced 1 July 2011 (s 2 (1))
Annual Reports (Government Agencies) Amendment Act 2015 A2015‑16 sch 1 pt 1.3
notified LR 27 May 2015
s 1, s 2 commenced 27 May 2015 (LA s 75 (1))
sch 1 pt 1.3 commenced 3 June 2015 (s 2)

4	Amendment history
Name of Act
s 1	sub A2005‑20 amdt 3.55
Dictionary
s 2	orig s 2 om R1 LRA
	(prev s 3) renum A2001‑44 amdt 1.372
	sub A2005‑20 amdt 3.56
	def accredited course om A2005‑20 amdt 3.56
	def alternate om A2005‑20 amdt 3.56
	def appointed member om A2005‑20 amdt 3.56
	def board om A2005‑20 amdt 3.56
	def course om A2005‑20 amdt 3.56
	def executive officer om A1998‑44 s 4
	def member om A2005‑20 amdt 3.56
	def national agreement am A2001‑44 amdt 1.371
	om A2005‑20 amdt 3.56
	def recognised educational institution sub A1998‑44 s 4
	om A2005‑20 amdt 3.56
	def registered course om A2005‑20 amdt 3.56
	def senior secondary education om A2005‑20 amdt 3.56
Notes
s 3	ins A2001‑44 amdt 1.373
	sub A2005‑20 amdt 3.56
Key concepts
pt 2 hdg	orig pt 2 hdg renum as pt 3 hdg
	ins A2005‑20 amdt 3.57
What is senior secondary education?
s 3A	ins A2005‑20 amdt 3.57
What is a recognised educational institution?
s 3B	ins A2005‑20 amdt 3.57
What is a national agreement?
s 3C	ins A2005‑20 amdt 3.57
Board of Senior Secondary Studies
pt 3 hdg	orig pt 3 hdg om A2005‑20 amdt 3.72
	(prev pt 2 hdg) renum A2005‑20 amdt 3.58
Accreditation and registration of courses
div 3.1 hdg	(prev pt 3 div 1 hdg) renum R2 LA
	om A2005‑20 amdt 3.73
Certificates of attainment
div 3.2 hdg	(prev pt 3 div 2 hdg) renum R2 LA
	om A2005‑20 amdt 3.77
Specialist education providers
div 3.3 hdg	ins A2004‑17 amdt 2.1
	om A2005‑20 amdt 3.79
Establishment of board
s 4	sub A2005‑20 amdt 3.59
Functions of board
s 5	sub A2005‑20 amdt 3.60
Additional functions about accreditation of courses
s 5A	ins A2005‑20 amdt 3.60
Additional functions about assessment of students
s 5B	ins A2005‑20 amdt 3.60
Additional functions about certificates of attainment
s 5C	ins A2005‑20 amdt 3.60
Additional functions about performance and policies
s 5D	ins A2005‑20 amdt 3.60
Other functions of board
s 6	sub A2005‑20 amdt 3.61
Ministerial directions
s 7	am A2001‑44 amdt 1.374, amdt 1.375; A2004‑9 amdt 1.5; A2005‑20 amdt 3.62, amdt 3.63; A2015‑16 amdt 1.3; ss renum R11 LA
Membership of board
s 8	am A1998‑44 s 5; A2005‑20 amdt 3.64, amdt 3.65; A2007‑12 amdt 1.6; A2009‑20 amdt 3.18; A2011‑22 amdt 1.64
Functions of board not affected by vacancies
s 9	om A2005‑20 amdt 3.66
Term of appointment of board members
s 10	sub A2005‑20 amdt 3.67
Disclosure of interests by board members
s 11	sub A2005‑20 amdt 3.68
Ending board member appointments
s 12	sub A2005‑20 amdt 3.68
	am A2011‑22 amdt 1.64
Representative of chief executive
s 12A	ins A1998‑44 s 6
	om A2005‑20 amdt 3.68
Time and place of board meetings
s 13	am A1998‑44 s 7
	sub A2005‑20 amdt 3.68
Presiding member at board meetings
s 14	sub A2005‑20 amdt 3.68
Quorum at board meetings
s 15	sub A2005‑20 amdt 3.68
	am A2011‑22 amdt 1.64
Voting at meetings
s 16	am A1998‑44 s 8
	sub A2005‑20 amdt 3.68
Conduct of meetings etc
s 17	sub A2005‑20 amdt 3.68
	am A2008‑28 amdt 3.36
Delegation by board
s 18	om A1998‑44 s 9
	ins A2005‑20 amdt 3.68
Staff
s 19	am A2005‑20 amdt 3.69, amdt 3.70; A2011‑22 amdt 1.62, amdt 1.64
Protection of board members from liability
s 20	sub A2005‑20 amdt 3.71
Accredited and registered courses
pt 4 hdg	orig pt 4 hdg renum as pt 5 hdg
	ins A2005‑20 amdt 3.72
Accreditation of courses
div 4.1 hdg	ins A2005‑20 amdt 3.73
Board may initiate accreditation of course
s 21	sub A2005‑20 amdt 3.74
Application for accreditation of course
s 22	sub A2005‑20 amdt 3.74
Review of conditional accreditation or refusal
s 23	am A1998‑44 s 10
	sub A2005‑20 amdt 3.74
Considerations relating to accreditation of courses
s 24	am A2005‑20 amdt 3.75
Registration of courses
div 4.2 hdg	ins A2005‑20 amdt 3.76
Application for registration of course
s 25	sub A2005‑20 amdt 3.76
Certificates of attainment
div 4.3 hdg	ins A2005‑20 amdt 3.77
Issue of certificates of attainment
s 26	sub A2005‑20 amdt 3.78
Application for review if board refuses to issue certificate
s 26A	ins A2005‑20 amdt 3.78
Review of refusal to issue certificate
s 27	sub A2005‑20 amdt 3.78
Specialist education providers
div 4.4 hdg	ins A2005‑20 amdt 3.79
Approved specialist education providers
s 27A	ins A2004‑17 amdt 2.1
Criteria for approval
s 27B	ins A2004‑17 amdt 2.1
Suspension of approval
s 27C	ins A2004‑17 amdt 2.1
Cancellation of approval
s 27D	ins A2004‑17 amdt 2.1
Notification and review of decisions
pt 4A hdg	ins A2008‑37 amdt 1.42
Meaning of reviewable decision—pt 4A
s 27E	ins A2004‑17 amdt 2.1
	sub A2008‑37 amdt 1.42
Reviewable decision notices
s 27F	ins A2004‑17 amdt 2.1
	sub A2008‑37 amdt 1.42
Applications for review
s 27G	ins A2008‑37 amdt 1.42
Miscellaneous
pt 5 hdg	(prev pt 4 hdg) renum A2005‑20 amdt 3.80
Information about academic performance
s 28	sub A2005‑20 amdt 3.81
Register of courses
s 29	am A1998‑44 s 11; ss renum R2 LA
	sub A2005‑20 amdt 3.82
Approved forms
s 30	ins A2001‑44 amdt 1.377
	am A2005‑20 amdt 3.83
Transitional
s 31	(prev s 30) renum A2001‑44 amdt 1.376
	om A2005‑20 amdt 3.84
Reviewable decisions
sch 1	ins A2008‑37 amdt 1.43
Dictionary
dict	ins A2005‑20 amdt 3.85
	am A2008‑37 amdt 1.44; A2011‑22 amdt 1.63
	def accreditation guidelines ins A2005‑20 amdt 3.85
	def accredited course ins A2005‑20 amdt 3.85
	def board ins A2005‑20 amdt 3.85
	def board member ins A2005‑20 amdt 3.85
	def certificate of attainment ins A2005‑20 amdt 3.85
	def course ins A2005‑20 amdt 3.85
	def national agreement ins A2005‑20 amdt 3.85
	def recognised educational institution ins A2005‑20 amdt 3.85
	def registered course ins A2005‑20 amdt 3.85
	def reviewable decision ins A2008‑37 amdt 1.45
	def senior secondary education ins A2005‑20 amdt 3.85

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1 (RI)
8 Jan 2014	3 Nov 2000–
11 Sept 2001	A1998‑44	amendments by A1998‑44	
R2
16 Apr 2002	12 Sept 2001–
12 Apr 2004	A2001‑44	amendments by A2001‑44	
R3
13 Apr 2004	13 Apr 2004–
31 Dec 2004	A2004‑9	amendments by A2004‑9	
R4
1 Jan 2005	1 Jan 2005–
1 June 2005	A2004‑17	amendments by A2004‑17	
R5
2 June 2005	2 June 2005–
30 June 2007	A2005‑20	amendments by A2005‑20	
R6
1 July 2007	1 July 2007–
25 Aug 2008	A2007‑12	amendments by A2007‑12	
R7
26 Aug 2008	26 Aug 2008–
1 Feb 2009	A2008‑28	amendments by A2008‑28	
R8
2 Feb 2009	2 Feb 2009–
21 Sept 2009	A2008‑37	amendments by A2008‑37	
R9
22 Sept 2009	22 Sept 2009–
30 June 2011	A2009‑20	amendments by A2009‑20	
R10
1 July 2011	1 July 2011–
2 June 2015	A2011‑22	amendments by A2011‑22	

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