Education Amendment Act (No 3) 2010

10 New sections 31A to 31L inserted
  • The following sections are inserted after section 31:

    31A Nature of secondary-tertiary programme
    • A secondary-tertiary programme means a full-time programme for a participating student that—

      • (a) consists of a secondary component and a tertiary component; and

      • (b) is co-ordinated by a provider group or a lead provider.

    31B Provider group for secondary-tertiary programme
    • (1) The Minister may, by notice in the Gazette, recognise as a provider group of secondary-tertiary programmes a group of organisations that consists of—

      • (a) any 1 or more of the following:

        • (i) a board of a secondary school, a composite school, or a special school that is a relevant school within the meaning of section 246:

        • (ii) a body corporate that is the manager of a school registered under section 35A, other than a school registered under that section only as a primary school; and

      • (b) any 1 or more of the following:

        • (i) a government training establishment:

        • (ii) an industry training organisation:

        • (iii) an institution:

        • (iv) a registered establishment.

      (2) Each member of a provider group is jointly and severally liable with the other members of the group in respect of the group's obligations and responsibilities.

      (3) Each member of a provider group must take all reasonable steps to work in a co-operative manner with the other members of the group.

    31C Secretary may enter into agreement with provider group
    • (1) A provider group may co-ordinate a secondary-tertiary programme, if the provider group has entered into a written agreement with the Secretary in relation to the programme.

      (2) The matters that an agreement under subsection (1) may provide for, in relation to a secondary-tertiary programme, may include (without limitation) any 1 or more of the following:

      • (a) its organisation and operation:

      • (b) its curriculum, courses, and any qualification resulting from it:

      • (c) selection of students to participate in it:

      • (d) clarification of responsibility for the welfare and educational performance of participating students:

      • (e) pastoral care and career guidance for participating students:

      • (f) its funding, and the responsibility of specific members of the provider group in relation to that funding:

      • (g) the maximum number of students that may participate in it.

      (3) The Secretary and the provider group may agree at any time to cancel or vary an agreement under subsection (1).

      (4) The Secretary or the provider group may cancel an agreement under subsection (1) by giving at least 6 months' notice in writing to the provider group or the Secretary (as the case may be).

    31D Provider group plan for secondary-tertiary programme
    • (1) A provider group must—

      • (a) prepare and maintain a plan that contains short-term and long-term goals for each secondary-tertiary programme that it co-ordinates; and

      • (b) provide the Secretary with a copy of the plan.

      (2) A provider group that alters any plan provided to the Secretary under subsection (1)(b) must provide the Secretary with a copy of the changed plan as soon as practicable.

    31E Report to Secretary by provider group
    • (1) A provider group must report at least annually to the Secretary regarding its performance and progress.

      (2) The Secretary may, by notice in the Gazette, specify the format, or content, or both, required for reports that are to be made under subsection (1).

    31F Recognition as lead provider of secondary-tertiary programme
    • The Minister may, by notice in the Gazette, recognise as a lead provider of secondary-tertiary programmes any of the following:

      • (a) a board of a secondary school, a composite school, or a special school that is a relevant school within the meaning of section 246:

      • (b) a body corporate that is the manager of a school registered under section 35A, other than a school registered under that section only as a primary school:

      • (c) a government training establishment:

      • (d) an industry training organisation:

      • (e) an institution:

      • (f) a registered establishment.

    31G Lead provider to co-ordinate secondary-tertiary programme
    • (1) A lead provider may co-ordinate a secondary-tertiary programme, if the lead provider has made an arrangement for the safety, welfare, and educational programmes of participating students that is—

      • (a) agreed to by the Secretary; or

      • (b) in a form approved by the Secretary.

      (2) Any of the following may provide a secondary component or a tertiary component of a secondary-tertiary programme, after making an arrangement as specified in subsection (1) with the lead provider of the programme:

      • (a) a board of a secondary school, a composite school, or a special school that is a relevant school within the meaning of section 246:

      • (b) the managers of a school registered under section 35A, other than a school registered under that section only as a primary school:

      • (c) a government training establishment:

      • (d) an institution:

      • (e) a registered establishment:

      • (f) an employer providing work experience under the programme.

      (3) The Secretary may withdraw his or her agreement under subsection (1)(a), or his or her approval under subsection (1)(b), by giving at least 6 months' notice in writing to the lead provider.

    31H Government policies or priorities
    • (1) The Minister may, by notice in the Gazette, publish Government policies, or priorities, or both that apply in relation to any 1 or more of the following:

      • (a) secondary-tertiary programmes:

      • (b) provider groups, or specified types of provider groups:

      • (c) lead providers, or specified types of lead providers.

      (2) The Minister may, by written notice to a provider group or lead provider, issue a Government policy or priority that applies in relation to the group or provider.

      (3) A provider group or lead provider must take all reasonable steps to comply with any Government policy or priority—

      • (a) published under subsection (1); or

      • (b) notified under subsection (2).

      (4) In this section, comply means to give effect to the Government policy or priority or to have regard to the Government policy or priority, as the context requires.

    31I Entry into secondary-tertiary programme
    • (1) A student who is enrolled in any of the following may apply to a provider group or lead provider for his or her entry into a secondary-tertiary programme:

      • (a) a secondary school:

      • (b) a composite school:

      • (c) a school that is registered under section 35A, other than a school registered under that section only as a primary school:

      • (d) a special school that is a relevant school within the meaning of section 246.

      (2) Approval for a student's entry into a secondary-tertiary programme is at the discretion of the provider group or lead provider.

    31J Provider group or lead provider to notify student and parents about any school attendance requirement
    • The provider group or lead provider co-ordinating a participating student's secondary-tertiary programme must take all reasonable steps to notify the student and his or her parents in writing about any portion of the programme during which the student's participation in the programme requires his or her attendance at school.

    31K Withdrawal from secondary-tertiary programme
    • (1) A participating student may withdraw from his or her secondary-tertiary programme at any time.

      (2) A provider group or lead provider (as the case may be) may withdraw its approval for a student's participation in a secondary-tertiary programme after consulting with the student.

    31L Foreign students and secondary-tertiary programmes
    • A provider group or lead provider must not approve the entry of a foreign student (other than an exempt student) into a secondary-tertiary programme if to do so would result in the provider excluding from entry to the programme any domestic student, or any exempt student, who has applied for entry into the programme and is otherwise eligible to participate in the programme.