2015

LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY

EDUCATION AMENDMENT BILL 2015

EXPLANATORY STATEMENT

Presented by
Joy Burch MLA
Minister for Education and Training

EDUCATION AMENDMENT BILL 2015

Introduction

This Explanatory Statement relates to the Education Amendment Bill 2015 as presented to the Legislative Assembly. It has been prepared in order to assist the reader of the bill and to help inform debate on it. It does not form part of the bill and has not been endorsed by the Assembly.

The statement must be read in conjunction with the bill. It is not, and is not meant to be, a comprehensive description of the bill. What is said about a provision is not to be taken as an authoritative guide to the meaning of a provision, this being a task for the courts. 

Overview of the Bill

The Education Amendment Bill 2015 removes all reference to the Government Schools Education Council and the Non-government Schools Education Council from the Education Act 2004.  The Bill gives the Minister for Education and Training (the Minister) general powers to establish advisory bodies as necessary to advise the Minister on school education matters under the Act. 

The Bill has been drafted to allow for flexibility in application and committees may be established to inquire into any school education or related matter. The Bill gives the Minister the power to appoint the chair of a committee and appoint members as required, for a time period determined by the Minister.

Notes on Clauses

Clause 1	Name of the Act

This clause specifies the name of the Bill, once enacted, as the Education Amendment Act 2015.

Clause 2	Commencement

This clause provides that the amendments made by the Act will commence on 1 July 2015.

Clause 3	Legislation amended

This clause states that the Act will amend the Education Act 2004.

Clause 5 	Government Schools Education Council Part 3.5

This clause removes Part 3.5 of the Education Act 2004 which wholly relates to the Government Schools Education Council.

Clause 6 	Non-government Schools Education Council Part 4.4

This clause removes Part 4.4 of the Education Act 2004 which wholly relates to the Non-government Schools Education Council.

Clause 7

Section 127 	Appointment of chair and members

This clause gives the Minister the flexibility to appoint a person with relevant skills and experience to an advisory committee. This clause gives the Minister power to appoint the chair of an advisory committee.

Section 127A	Reimbursement of member’s expenses

This clause allows members to apply for reimbursement of associated costs from attending meetings of the committee. There is no remuneration established, however if an advisory committee is established where the capacity to remunerate the chair, technical experts or professionals is required this remuneration can be accommodated via section 10 of the Remuneration Tribunal Act 1995.

Section 127B	Advisory committee – terms of reference and procedures

This clause allows flexibility in determining the terms of reference by the Minister or in consultation with the committee. This clause provides for flexibility in how the committee operates and conducts its proceedings based on the specific make up of the committee and terms of reference.