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This is a Bill, not an Act. For current law, see the Acts databases.

AUSTRALIAN CURRICULUM, ASSESSMENT AND REPORTING AUTHORITY BILL 2008

2008
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Curriculum, Assessment and
Reporting Authority Bill 2008
No. , 2008
(Education, Employment and Workplace Relations)
A Bill for an Act to establish the Australian
Curriculum, Assessment and Reporting Authority,
and for related purposes
i Australian Curriculum, Assessment and Reporting Authority Bill 20 08 No. , 2008
Contents
Part 1--Preliminary
1
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 2
3
Definitions .......................................................................................... 2
4
Constitutional operation of this Act.................................................... 3
Part 2--Australian Curriculum, Assessment and Reporting
Authority
5
5
Establishment...................................................................................... 5
6
Functions............................................................................................. 5
7
Considerations governing the performance of functions .................... 6
8
Powers................................................................................................. 7
9
Charging of fees .................................................................................. 7
10
Privileges and immunities of the Crown ............................................ 7
Part 3--The Board of the Australian Curriculum, Assessment
and Reporting Authority
8
Division 1--The Board
8
11
Establishment...................................................................................... 8
12
Role..................................................................................................... 8
13
Membership ........................................................................................ 8
14
Appointment of members ................................................................... 9
15
Acting in positions ............................................................................ 10
16
Remuneration of members ................................................................ 11
17
Leave of members............................................................................. 11
18
Resignation of members ................................................................... 12
19
Termination of appointment ............................................................. 12
20
Other terms and conditions of members ........................................... 12
Division 2--Board Procedures
13
21
Meetings ........................................................................................... 13
22
Decisions without meetings .............................................................. 14
Part 4--Chief Executive Officer, staff and committees
15
Division 1--Chief Executive Officer
15
23
Establishment.................................................................................... 15
24
Role................................................................................................... 15
25
Appointment ..................................................................................... 16
26
Acting appointments ......................................................................... 16
Australian Curriculum, Assessment and Reporting Authority Bill 2008 No. , 2008 ii
27
Other employment ............................................................................ 16
28
Remuneration.................................................................................... 17
29
Leave................................................................................................. 17
30
Disclosure of interests....................................................................... 17
31
Resignation ....................................................................................... 17
32
Termination....................................................................................... 18
33
Other terms and conditions ............................................................... 18
Division 2--Staff
19
34
Staff................................................................................................... 19
Division 3--Committees
20
35
Committees of the Australian Curriculum, Assessment and
Reporting Authority.......................................................................... 20
36
Remuneration of committee members .............................................. 20
Part 5--Finance
22
37
Money payable to the Australian Curriculum, Assessment
and Reporting Authority ................................................................... 22
38
Application of money by the Australian Curriculum,
Assessment and Reporting Authority ............................................... 22
39
Taxation ............................................................................................ 23
Part 6--Other matters
24
40
Information collection, use and disclosure ....................................... 24
41
Delegation......................................................................................... 25
42
How Ministerial Council gives directions etc. ................................. 25
43
Reporting requirements .................................................................... 25
44
Review of role and functions ............................................................ 26
45
Regulations ....................................................................................... 26
Australian Curriculum, Assessment and Reporting Authority Bill 2008 No. , 2008 1
A Bill for an Act to establish the Australian
1
Curriculum, Assessment and Reporting Authority,
2
and for related purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act may be cited as the Australian Curriculum, Assessment
8
and Reporting Authority Act 2008.
9
Part 1 Preliminary
Section 2
2 Australian Curriculum, Assessment and Reporting Authority Bill 2008 No. , 2008
2 Commence ment
1
This Act commences on the day on which it receives the Royal
2
Assent.
3
3 Definitions
4
In this Act:
5
Australian government body means:
6
(a) the Commonwealth, a State or a Territory; or
7
(b) an agency or authority of:
8
(i) the Commonwealth; or
9
(ii) a State; or
10
(iii) a Territory.
11
Board means the Board of the Australian Curriculum, Assessment
12
and Reporting Authority.
13
CEO means the Chief Executive Officer of the Australian
14
Curriculum, Assessment and Reporting Authority.
15
Chair means the Chair of the Board.
16
Charter means the charter of the Australian Curriculum,
17
Assessment and Reporting Authority as determined from time to
18
time by the Ministerial Council.
19
Deputy Chair means the Deputy Chair of the Board.
20
Finance Minister means the Minister administering the
21
Commonwealth Authorities and Companies Act 1997.
22
member means a member of the Board and includes the Chair and
23
the Deputy Chair.
24
Ministerial Council means the council of Commonwealth, State
25
and Territory Ministers that is known as the Ministerial Council on
26
Education, Employment, Training and Youth Affairs on the day on
27
which this definition commences.
28
Preliminary Part 1
Section 4
Australian Curriculum, Assessment and Reporting Authority Bill 2008 No. , 2008 3
personal information has the same meaning as in section 6 of the
1
Privacy Act 1988.
2
State or Territory Education Minister means the Minister
3
representing the State or Territory concerned on the Ministerial
4
Council.
5
4 Constitutional operation of this Act
6
Without limiting its effect apart from this section, this Act also has
7
the effect it would have if the powers and functions of the
8
Australian Curriculum, Assessment and Reporting Authority were
9
confined to powers and functions that were to be exercised and
10
performed:
11
(a) in so far as it is appropriate for those powers and functions to
12
be exercised and performed by the Australian Curriculum,
13
Assessment and Reporting Authority on behalf of the
14
Government of the Commonwealth as the national
15
Government of Australia; and
16
(b) for purposes for which it is appropriate for the Parliament, as
17
the national Parliament of Australia, to authorise the
18
Australian Curriculum, Assessment and Reporting Authority
19
to exercise powers and perform functions; and
20
(c) in relation to expenditure of money that is available for the
21
purposes of the Australian Curriculum, Assessment and
22
Reporting Authority in accordance with an appropriation
23
made by the Parliament; and
24
(d) for the purposes of providing benefits to students; and
25
(e) in relation to trade and commerce with other countries,
26
among the States, between Territories or between a Territory
27
and a State; and
28
(f) in relation to postal, telegraphic, telephonic, and other like
29
services; and
30
(g) in relation to the collection of statistics; and
31
(h) in relation to external affairs; and
32
(i) in relation to a Territory; and
33
(j) in relation to the executive power of the Commonwealth; and
34
Part 1 Preliminary
Section 4
4 Australian Curriculum, Assessment and Reporting Authority Bill 2008 No. , 2008
(k) in relation to matters incidental to the execution of any of the
1
legislative powers of the Parliament or the executive power
2
of the Commonwealth.
3
4
Australian Curriculu m, Assessment and Reporting Authority Part 2
Section 5
Australian Curriculum, Assessment and Reporting Authority Bill 2008 No. , 2008 5
1
Part 2--Australian Curriculum, Assessment and
2
Reporting Authority
3
4
5 Establishme nt
5
(1) The Australian Curriculum, Assessment and Reporting Authority is
6
established by this section.
7
(2) The Australian Curriculum, Assessment and Reporting Authority:
8
(a) is a body corporate; and
9
(b) must have a seal; and
10
(c) may acquire, hold and dispose of real and personal property;
11
and
12
(d) may sue and be sued.
13
Note:
The Commonwealth Authorities and Companies Act 1997 applies to
14
the Australian Curriculum, Assessment and Reporting Authority. That
15
Act deals with matters relating to Commonwealth authorities,
16
including reporting and accountability, banking and investment, and
17
conduct of officers.
18
(3) The seal of the Australian Curriculum, Assessment and Reporting
19
Authority is to be kept in such custody as the Board directs, and is
20
not to be used except as authorised by the Board.
21
(4) All courts, judges and persons acting judicially must:
22
(a) take judicial notice of the imprint of the seal of the Australian
23
Curriculum, Assessment and Reporting Authority appearing
24
on a document; and
25
(b) presume that the document was duly sealed.
26
6 Functions
27
The functions of the Australian Curriculum, Assessment and
28
Reporting Authority are to:
29
(a) develop and administer a national school curriculum,
30
including content of the curriculum and achievement
31
standards, for school subjects specified in the Charter; and
32
Part 2 Australian Curriculu m, Assessment and Reporting Authority
Section 7
6 Australian Curriculum, Assessment and Reporting Authority Bill 2008 No. , 2008
(b) develop and administer national assessments; and
1
(c) collect, manage and analyse student assessment data and
2
other data relating to schools and comparative school
3
performance; and
4
(d) facilitate information sharing arrangements between
5
Australian government bodies in relation to the collection,
6
management and analysis of school data; and
7
(e) publish information relating to school education, including
8
information relating to comparative school performance; and
9
(f) provide school curriculum resource services, educational
10
research services and other related services; and
11
(g) provide information, resources, support and guidance to the
12
teaching profession; and
13
(h) perform such other functions that are conferred on it by, or
14
under, this Act or any other Commonwealth Act; and
15
(i) perform such other functions that are ancillary or incidental
16
to the functions mentioned in the preceding paragraphs.
17
7 Considerations governing the performance of functions
18
(1) The Australian Curriculum, Assessment and Reporting Authority
19
must perform its functions and exercise its powers in accordance
20
with any directions given to it by the Ministerial Council in
21
writing.
22
Note:
For how directions are given see: section 42. For directions relating to
23
reporting requirements see: subsection 43(3).
24
(2) Directions under subsection (1) must not be inconsistent with:
25
(a) this Act or the regulations under this Act; or
26
(b) the Commonwealth Authorities and Companies Act 1997, or
27
regulations or instruments made under that Act.
28
(3) The Australian Curriculum, Assessment and Reporting Authority
29
must also perform its functions and exercise its powers in
30
accordance with the Charter.
31
(4) A direction given by the Ministerial Council under subsection (1)
32
is not a legislative instrument.
33
Australian Curriculu m, Assessment and Reporting Authority Part 2
Section 8
Australian Curriculum, Assessment and Reporting Authority Bill 2008 No. , 2008 7
(5) If the Charter is determined by the Ministerial Council in writing,
1
the Charter is not a legislative instrument.
2
8 Powe rs
3
(1) The Australian Curriculum, Assessment and Reporting Authority
4
has power to do all things necessary or convenient to be done for
5
or in connection with the performance of its functions.
6
(2) The Australian Curriculum, Assessment and Reporting Authority's
7
powers include, but are not limited to, the following powers:
8
(a) to enter into contracts;
9
(b) to accept gifts, devises, bequests and assignments (whether
10
on trust or otherwise);
11
(c) to do anything incidental to any of its functions.
12
9 Charging of fees
13
(1) The Australian Curriculum, Assessment and Reporting Authority
14
may charge fees for things done in performing its functions.
15
(2) A fee must not be such as to amount to taxation.
16
10 Privileges and immunities of the Crown
17
The Australian Curriculum, Assessment and Reporting Authority
18
does not have the privileges and immunities of the Crown in right
19
of the Commonwealth.
20
21
Part 3 The Board of the Australian Curriculu m, Assessment and Reporting Authority
Division 1 The Board
Section 11
8 Australian Curriculum, Assessment and Reporting Authority Bill 2008 No. , 2008
1
Part 3--The Board of the Australian Curriculum,
2
Assessment and Reporting Authority
3
Division 1--The Board
4
11 Establishme nt
5
The Board of the Australian Curriculum, Assessment and
6
Reporting Authority is established by this section.
7
12 Role
8
(1) The Board is responsible for ensuring the proper and efficient
9
performance of the Australian Curriculum, Assessment and
10
Reporting Authority's functions.
11
(2) The Board has power to do all things necessary or convenient to be
12
done for or in connection with the performance of its duties.
13
(3) All acts and things done in the name of, or on behalf of, the
14
Australian Curriculum, Assessment and Reporting Authority by the
15
Board, or with the authority of the Board, are taken to have been
16
done by the Australian Curriculum, Assessment and Reporting
17
Authority.
18
(4) If a function or power of the Australian Curriculum, Assessment
19
and Reporting Authority is dependent on the opinion, belief or
20
state of mind of the Australian Curriculum, Assessment and
21
Reporting Authority in relation to a matter, the function or power
22
may be exercised upon the opinion, belief or state of mind of a
23
person or body acting as mentioned in subsection (3) in relation to
24
that matter.
25
13 Membe rship
26
The Board consists of the following members:
27
(a) the Chair of the Board;
28
(b) the Deputy Chair of the Board;
29
The Board of the Australian Curriculu m, Assessment and Reporting Authority Part 3
The Board Division 1
Section 14
Australian Curriculum, Assessment and Reporting Authority Bill 2008 No. , 2008 9
(c) one member nominated by the Minister;
1
(d) one member nominated by:
2
(i) the National Catholic Education Commission; or
3
(ii) if the Commission ceases to exist--a similar body
4
prescribed by the regulations for the purposes of this
5
subparagraph;
6
(e) one member nominated by:
7
(i) the Independent Schools Council of Australia; or
8
(ii) if the Council ceases to exist--a similar body prescribed
9
by the regulations for the purposes of this subparagraph;
10
(f) 8 members, each of whom is nominated by a different State
11
or Territory Education Minister.
12
14 Appointment of me mbers
13
(1) A member of the Board is to be appointed by the Minister by
14
written instrument.
15
Note:
A member of the Board is eligible for re-appointment: see subsection
16
33(4A) of the Acts Interpretation Act 1901.
17
(2) The Minister can only make the appointment if:
18
(a) the Ministerial Council has agreed to the appointment of the
19
person; and
20
(b) the Ministerial Council has agreed that the appointment of
21
the person would ensure that the members of the Board
22
collectively possess an appropriate balance of professional
23
expertise in:
24
(i) matters relating to school curriculum; and
25
(ii) school assessment and data management; and
26
(iii) analysis and reporting in relation to school performance;
27
and
28
(iv) financial and commercial matters in relation to the
29
management of educational organisations; and
30
(v) corporate governance; and
31
(c) if the person is required to be nominated for the appointment
32
as mentioned in paragraph 13(c), (d), (e) or (f)--the person
33
has been so nominated.
34
Part 3 The Board of the Australian Curriculu m, Assessment and Reporting Authority
Division 1 The Board
Section 15
10 Australian Curriculum, Assessment and Reporting Authority Bill 2008 No. , 2008
(3) A member holds office on a part-time basis.
1
(4) A member holds office for the period specified in the instrument of
2
appointment. The period must not exceed 3 years.
3
(5) A person must not be appointed for a period if the sum of:
4
(a) that period; and
5
(b) any periods of previous appointment of the person as a
6
member;
7
exceeds 6 years.
8
15 Acting in positions
9
(1) The Deputy Chair is to act as the Chair:
10
(a) during a vacancy in the office of Chair (whether or not an
11
appointment has previously been made to the office); or
12
(b) during any period, or during all periods, when the Chair:
13
(i) is absent from duty or from Australia; or
14
(ii) is, for any reason, unable to perform the duties of the
15
office.
16
(2) While the Deputy Chair is acting as the Chair:
17
(a) the Deputy Chair has, and may exercise, all the Chair's
18
powers, and must perform all the Chair's functions and
19
duties; and
20
(b) this Act, and all other Acts, apply to the Deputy Chair as if he
21
or she were the Chair.
22
(3) Anything done by or in relation to the Deputy Chair when
23
purporting to act under subsection (1) is not invalid merely because
24
the occasion to act had not arisen or had ceased.
25
(4) The Minister may, by written instrument, appoint a member to act
26
as the Deputy Chair:
27
(a) during a vacancy in the office of Deputy Chair (whether or
28
not an appointment has previously been made to the office);
29
or
30
(b) during any period, or during all periods, when the Deputy
31
Chair:
32
The Board of the Australian Curriculu m, Assessment and Reporting Authority Part 3
The Board Division 1
Section 16
Australian Curriculum, Assessment and Reporting Authority Bill 2008 No. , 2008 11
(i) is acting as the Chair; or
1
(ii) is absent from duty or from Australia; or
2
(iii) is, for any reason, unable to perform the duties of the
3
office.
4
(5) Anything done by or in relation to a person purporting to act under
5
an appointment under subsection (4) is not invalid merely because:
6
(a) the occasion for the appointment had not arisen; or
7
(b) there was a defect or irregularity in connection with the
8
appointment; or
9
(c) the appointment had ceased to have effect; or
10
(d) the occasion to act had not arisen or had ceased.
11
Note:
See sections 20 and 33A of the Acts Interpretation Act 1901.
12
16 Remuneration of me mbers
13
(1) A member is to be paid the remuneration that is determined by the
14
Remuneration Tribunal. If no determination of that remuneration
15
by the Tribunal is in operation, the member is to be paid the
16
remuneration that is prescribed by the regulations.
17
(2) A member is to be paid the allowances that are prescribed by the
18
regulations.
19
(3) This section has effect subject to the Remuneration Tribunal Act
20
1973.
21
17 Leave of members
22
(1) The Minister may grant the Chair leave of absence on the terms
23
and conditions that the Minister determines.
24
(2) The Chair may grant leave of absence to any other member on the
25
terms and conditions that the Chair determines.
26
(3) The Chair must notify the Minister if the Chair grants to a member
27
leave of absence for a period that exceeds 6 months.
28
Part 3 The Board of the Australian Curriculu m, Assessment and Reporting Authority
Division 1 The Board
Section 18
12 Australian Curriculum, Assessment and Reporting Authority Bill 2008 No. , 2008
18 Resignation of me mbers
1
(1) A member may resign his or her appointment by giving the
2
Minister a written resignation.
3
(2) The resignation takes effect on the day it is received by the
4
Minister or, if a later day is specified in the resignation, on that
5
later day.
6
19 Termination of appointment
7
(1) The Minister may terminate the appointment of a member for
8
misbehaviour or physical or mental incapacity.
9
(2) The Minister must terminate the appointment of a member if:
10
(a) the member:
11
(i) becomes bankrupt; or
12
(ii) applies to take the benefit of any law for the relief of
13
bankrupt or insolvent debtors; or
14
(iii) compounds with his or her creditors; or
15
(iv) makes an assignment of his or her remuneration for the
16
benefit of his or her creditors; or
17
(b) the member fails, without reasonable excuse, to comply with
18
an obligation imposed on him or her by section 27F or 27J of
19
the Commonwealth Authorities and Companies Act 1997; or
20
(c) the member is absent, except on leave of absence, from 3
21
consecutive meetings of the Board.
22
20 Other terms and conditions of members
23
A member holds office on the terms and conditions (if any) in
24
relation to matters not covered by this Act that are determined by
25
the Minister.
26
27
The Board of the Australian Curriculu m, Assessment and Reporting Authority Part 3
Board Procedures Division 2
Section 21
Australian Curriculum, Assessment and Reporting Authority Bill 2008 No. , 2008 13
1
Division 2--Board Procedures
2
21 Meetings
3
(1) The Chair must convene such meetings of the Board as are, in his
4
or her opinion, necessary for the efficient conduct of its affairs.
5
(2) The quorum for a meeting is 9 members.
6
(3) However, if:
7
(a) a member is required by section 27J of the Commonwealth
8
Authorities and Companies Act 1997 not to be present during
9
the deliberations, or to take part in any decision, of the Board
10
with respect to a particular matter; and
11
(b) when the member leaves the meeting concerned there is no
12
longer a quorum present;
13
those remaining members constitute a quorum for the purposes of
14
any deliberation or decision at that meeting with respect to that
15
matter.
16
(4) A question arising at a meeting of the Board is to be decided by a
17
majority of the votes of the members present and voting.
18
(5) The Chair must preside at all meetings at which he or she is
19
present.
20
(6) If the Chair is not present at a meeting the Deputy Chair, if present,
21
must preside at the meeting.
22
(7) If neither the Chair nor the Deputy Chair is present at a meeting the
23
members present must elect one of their number to preside at the
24
meeting.
25
(8) At a meeting, the presiding member has a deliberative vote and, in
26
the event of an equality of votes, has a casting vote.
27
(9) The Board must keep a record of any decisions made at a meeting.
28
Part 3 The Board of the Australian Curriculu m, Assessment and Reporting Authority
Division 2 Board Procedures
Section 22
14 Australian Curriculum, Assessment and Reporting Authority Bill 2008 No. , 2008
(10) Subject to this Act and the Commonwealth Authorities and
1
Companies Act 1997, the Board may regulate the conduct of its
2
meetings as it thinks fit.
3
22 Decisions without meetings
4
(1) The Board is taken to have made a decision at a meeting if:
5
(a) without a meeting, a majority of the members entitled to vote
6
on the proposed decision indicate agreement with the
7
decision; and
8
(b) that agreement is indicated in accordance with the method
9
determined by the Board under subsection (2); and
10
(c) all the members were informed of the proposed decision, or
11
reasonable efforts were made to inform all the members of
12
the proposed decision.
13
(2) Subsection (1) applies if the Board:
14
(a) has determined that it may make decisions of that kind
15
without a meeting; and
16
(b) has determined the method by which members are to indicate
17
agreement with proposed decisions.
18
(3) For the purposes of paragraph (1)(a), a member is not entitled to
19
vote on a proposed decision if the member would not have been
20
entitled to vote on that proposal if the matter had been considered
21
at a meeting of the Board.
22
(4) The Board must keep a record of decisions made in accordance
23
with this section.
24
25
Chief Executive Officer, staff and committees Part 4
Chief Executive Officer Division 1
Section 23
Australian Curriculum, Assessment and Reporting Authority Bill 2008 No. , 2008 15
1
Part 4--Chief Executive Officer, staff and
2
committees
3
Division 1--Chief Executive Officer
4
23 Establishme nt
5
There is to be a Chief Executive Officer of the Australian
6
Curriculum, Assessment and Reporting Authority.
7
24 Role
8
(1) The CEO is responsible for the day-to-day administration of the
9
Australian Curriculum, Assessment and Reporting Authority.
10
(2) The CEO has power to do all things necessary or convenient to be
11
done for or in connection with the performance of his or her duties.
12
(3) The CEO is to act in accordance with any policies determined, and
13
any directions given, by the Board.
14
(4) All acts and things done in the name of, or on behalf of, the
15
Australian Curriculum, Assessment and Reporting Authority by the
16
CEO, or with the authority of the CEO, are taken to have been
17
done by the Australian Curriculum, Assessment and Reporting
18
Authority.
19
(5) If a function or power of the Australian Curriculum, Assessment
20
and Reporting Authority is dependent on the opinion, belief or
21
state of mind of the Australian Curriculum, Assessment and
22
Reporting Authority in relation to a matter, the function or power
23
may be exercised upon the opinion, belief or state of mind of a
24
person or body acting as mentioned in subsection (4) in relation to
25
that matter.
26
(6) If a policy or direction under subsection (3) is in writing, the policy
27
or direction is not a legislative instrument.
28
Part 4 Chief Executive Officer, staff and committees
Division 1 Ch ief Executive Officer
Section 25
16 Australian Curriculum, Assessment and Reporting Authority Bill 2008 No. , 2008
25 Appointment
1
(1) The CEO is to be appointed by the Board by written instrument
2
after consultation with the Minister.
3
Note:
The CEO is eligible for reappointment: see subsection 33(4A) of the
4
Acts Interpretation Act 1901.
5
(2) The CEO holds office on a full-time basis.
6
(3) The CEO holds office for the period specified in the instrument of
7
appointment. The period must not exceed 3 years.
8
(4) The CEO must not be a member of the Board.
9
26 Acting appointments
10
(1) The Board may, after consultation with the Minister, by written
11
instrument appoint a person to act as the CEO:
12
(a) during a vacancy in the office of the CEO (whether or not an
13
appointment has previously been made to the office); or
14
(b) during any period, or during all periods, when the CEO:
15
(i) is absent from duty or from Australia; or
16
(ii) is, for any reason, unable to perform the duties of the
17
office.
18
(2) Anything done by or in relation to a person purporting to act under
19
an appointment under subsection (1) is not invalid merely because:
20
(a) the occasion for the appointment had not arisen; or
21
(b) there was a defect or irregularity in connection with the
22
appointment; or
23
(c) the appointment had ceased to have effect; or
24
(d) the occasion to act had not arisen or had ceased.
25
Note:
See sections 20 and 33A of the Acts Interpretation Act 1901.
26
27 Other employment
27
(1) The CEO must not engage in paid employment outside the duties
28
of the CEO's office without the Chair's approval.
29
Chief Executive Officer, staff and committees Part 4
Chief Executive Officer Division 1
Section 28
Australian Curriculum, Assessment and Reporting Authority Bill 2008 No. , 2008 17
(2) The Chair must notify the Minister of any approval given under
1
subsection (1).
2
28 Remuneration
3
(1) The CEO is to be paid the remuneration that is determined by the
4
Remuneration Tribunal. If no determination of that remuneration
5
by the Tribunal is in operation, the CEO is to be paid the
6
remuneration that is prescribed by the regulations.
7
(2) The CEO is to be paid the allowances that are prescribed by the
8
regulations.
9
(3) This section has effect subject to the Remuneration Tribunal Act
10
1973.
11
29 Leave
12
(1) The CEO has the recreation leave entitlements that are determined
13
by the Remuneration Tribunal.
14
(2) The Chair may grant the CEO leave of absence, other than
15
recreation leave, on the terms and conditions as to remuneration or
16
otherwise that the Chair determines.
17
(3) The Chair must notify the Minister if the Chair grants to the CEO
18
leave for a period that exceeds one month.
19
30 Disclosure of interests
20
The CEO must give written notice to the Minister and the Board of
21
all material personal interests that the CEO has or acquires that
22
conflict or could conflict with the proper performance of the
23
CEO's duties.
24
31 Resignation
25
(1) The CEO may resign his or her appointment by giving the Chair a
26
written resignation.
27
(2) The resignation takes effect on the day it is received by the Chair
28
or, if a later day is specified in the resignation, on that later day.
29
Part 4 Chief Executive Officer, staff and committees
Division 1 Ch ief Executive Officer
Section 32
18 Australian Curriculum, Assessment and Reporting Authority Bill 2008 No. , 2008
(3) If the CEO resigns under this section, the Chair must notify the
1
Minister of the resignation.
2
32 Termination
3
(1) The Board may terminate the appointment of the CEO for
4
misbehaviour or physical or mental incapacity.
5
(2) The Board may terminate the appointment of the CEO if the Board
6
is satisfied that the performance of the CEO has been
7
unsatisfactory for a significant period of time.
8
(3) The Board must terminate the appointment of the CEO if:
9
(a) the CEO:
10
(i) becomes bankrupt; or
11
(ii) applies to take the benefit of any law for the relief of
12
bankrupt or insolvent debtors; or
13
(iii) compounds with his or her creditors; or
14
(iv) makes an assignment of his or her remuneration for the
15
benefit of his or her creditors; or
16
(b) the CEO is absent, except on leave of absence, for 14
17
consecutive days or for 28 days in any 12 months; or
18
(c) the CEO engages, except with the Chair's approval, in paid
19
employment outside the duties of his or her office; or
20
(d) the CEO fails, without reasonable excuse, to comply with
21
section 30.
22
(4) If the Board terminates the appointment of the CEO, the Board
23
must notify the Minister of the termination.
24
33 Other terms and conditions
25
The CEO holds office on the terms and conditions (if any) in
26
relation to matters not covered by this Act that are determined by
27
the Board.
28
29
Chief Executive Officer, staff and committees Part 4
Staff Division 2
Section 34
Australian Curriculum, Assessment and Reporting Authority Bill 2008 No. , 2008 19
1
Division 2--Staff
2
34 Staff
3
(1) The Australian Curriculum, Assessment and Reporting Authority
4
may employ such persons as it considers necessary for the
5
performance of its functions and the exercise of its powers.
6
(2) An employee is to be employed on the terms and conditions that
7
the Australian Curriculum, Assessment and Reporting Authority
8
determines in writing.
9
10
Part 4 Chief Executive Officer, staff and committees
Division 3 Co mmittees
Section 35
20 Australian Curriculum, Assessment and Reporting Authority Bill 2008 No. , 2008
1
Division 3--Committees
2
35 Committees of the Australian Curriculum, Assessment and
3
Reporting Authority
4
(1) The Australian Curriculum, Assessment and Reporting Authority
5
may constitute committees for the purpose of assisting it in the
6
performance of its functions.
7
(2) A committee may be constituted:
8
(a) wholly by members of the Board; or
9
(b) wholly by persons who are not members of the Board; or
10
(c) partly by members of the Board and partly by other persons.
11
(3) The Australian Curriculum, Assessment and Reporting Authority
12
may determine:
13
(a) the manner in which a committee is to perform its functions;
14
and
15
(b) the procedure to be followed at or in relation to the meetings
16
of a committee, including matters with respect to:
17
(i) the convening of meetings; and
18
(ii) the number of members of the committee who are to
19
form a quorum; and
20
(iii) the selection of a member of the committee to be the
21
Chair of the committee; and
22
(iv) the manner in which questions arising at a meeting are
23
to be decided.
24
(4) A committee must give the Australian Curriculum, Assessment and
25
Reporting Authority such reports, documents and information in
26
relation to the committee's functions as the Australian Curriculum,
27
Assessment and Reporting Authority requests.
28
36 Remuneration of committee members
29
(1) If the Board decides that a member of a committee should be
30
remunerated, that member is to be paid the remuneration that is
31
determined by the Remuneration Tribunal. If no determination of
32
Chief Executive Officer, staff and committees Part 4
Co mmittees Division 3
Section 36
Australian Curriculum, Assessment and Reporting Authority Bill 2008 No. , 2008 21
that remuneration by the Tribunal is in operation, that member is to
1
be paid the remuneration that is prescribed by the regulations.
2
(2) A member of a committee is to be paid the allowances that are
3
prescribed by the regulations.
4
(3) This section has effect subject to the Remuneration Tribunal Act
5
1973.
6
7
Part 5 Finance
Section 37
22 Australian Curriculum, Assessment and Reporting Authority Bill 2008 No. , 2008
1
Part 5--Finance
2
3
37 Money payable to the Australian Curriculum, Assessment and
4
Reporting Authority
5
(1) There is payable to the Australian Curriculum, Assessment and
6
Reporting Authority such money as is appropriated by the
7
Parliament for the purposes of the Australian Curriculum,
8
Assessment and Reporting Authority.
9
(2) The Finance Minister may give directions about the amounts in
10
which, and the times at which, money payable under subsection (1)
11
is to be paid to the Australian Curriculum, Assessment and
12
Reporting Authority.
13
(3) If a direction under subsection (2) is given in writing, the direction
14
is not a legislative instrument.
15
38 Application of money by the Australian Curriculum, Assessment
16
and Reporting Authority
17
(1) The money of the Australian Curriculum, Assessment and
18
Reporting Authority consists of:
19
(a) money paid to the Australian Curriculum, Assessment and
20
Reporting Authority under section 37; and
21
(b) any other money paid to the Australian Curriculum,
22
Assessment and Reporting Authority.
23
(2) The money of the Australian Curriculum, Assessment and
24
Reporting Authority is to be applied only:
25
(a) in payment or discharge of the costs, expenses and other
26
obligations incurred or undertaken by the Australian
27
Curriculum, Assessment and Reporting Authority in the
28
performance of its functions and the exercise of its powers;
29
and
30
(b) in payment of any remuneration or allowances payable under
31
this Act.
32
Finance Part 5
Section 39
Australian Curriculum, Assessment and Reporting Authority Bill 2008 No. , 2008 23
(3) Subsection (2) does not prevent investment of surplus money of the
1
Australian Curriculum, Assessment and Reporting Authority under
2
section 18 of the Commonwealth Authorities and Companies Act
3
1997.
4
39 Taxation
5
(1) To avoid doubt, for the purposes of section 50-25 of the Income
6
Tax Assessment Act 1997, the Australian Curriculum, Assessment
7
and Reporting Authority is taken to be a public authority
8
constituted under an Australian law.
9
Note:
This means the Australian Curriculum, Assessment and Reporting
10
Authority is exempt from income tax.
11
(2) The Australian Curriculum, Assessment and Reporting Authority is
12
not subject to taxation under a law of a State or Territory, if the
13
Commonwealth is not subject to the taxation.
14
15
Part 6 Other matters
Section 40
24 Australian Curriculum, Assessment and Reporting Authority Bill 2008 No. , 2008
1
Part 6--Other matters
2
3
40 Information collection, use and disclosure
4
(1) Personal information must not be collected by the Australian
5
Curriculum, Assessment and Reporting Authority unless the
6
collection is necessary for, and directly related to, any of the
7
following purposes:
8
(a) conducting research relating to the national school
9
curriculum;
10
(b) assisting government to formulate policies in relation to
11
education matters;
12
(c) formulating national reports consisting of aggregated data on
13
school performance.
14
(2) The use of personal information collected by the Australian
15
Curriculum, Assessment and Reporting Authority in accordance
16
with subsection (1) or lawfully disclosed to the Australian
17
Curriculum, Assessment and Reporting Authority is taken to be
18
authorised by law for the purposes of Information Privacy
19
Principle 10 in section 14 of the Privacy Act 1988 if the use is
20
necessary for, and directly related to, any of the purposes
21
mentioned in that subsection.
22
(3) The disclosure of personal information by the Australian
23
Curriculum, Assessment and Reporting Authority is taken to be
24
authorised by law for the purposes of Information Privacy
25
Principle 11 in section 14 of the Privacy Act 1988 if:
26
(a) the disclosure is made to a person or body that is prescribed
27
by the regulations; and
28
(b) the disclosure is necessary for, and directly related to, the
29
purposes mentioned in subsection (1).
30
Note:
Paragraph 3 of Information Privacy Principle 11 in section 14 of the
31
Privacy Act 1988 applies to further disclosures of the personal
32
information
33
Other matters Part 6
Section 41
Australian Curriculum, Assessment and Reporting Authority Bill 2008 No. , 2008 25
41 Delegation
1
(1) The Minister may, by writing, delegate any or all of the Minister's
2
functions or powers under this Act to:
3
(a) the Secretary of the Department; or
4
(b) an SES employee in the Department.
5
Note:
For variation and revocation, see subsection 33(3) of the Acts
6
Interpretation Act 1901.
7
(2) In performing functions and exercising powers under the
8
delegation, the delegate must comply with any directions of the
9
Minister.
10
Note:
See sections 34AA to 34A of the Acts Interpretation Act 1901.
11
(3) The Chair may, by writing, delegate any or all of the Chair's
12
functions or powers to another member of the Board.
13
(4) In performing functions and exercising powers under the
14
delegation, the delegate must comply with any directions of the
15
Chair.
16
42 How Ministerial Council gives directions etc.
17
The Ministerial Council is to give a direction, an approval or a
18
refusal for the purposes of a provision of this Act by resolution of
19
the Council passed in accordance with the procedures determined
20
by the Council.
21
43 Reporting requirements
22
(1) The Chair must prepare and give to the Ministerial Council a report
23
relating to a financial year on or before:
24
(a) 30 September after the end of that year; or
25
(b) if the Minister specifies a later time--that time.
26
(2) The report must include:
27
(a) particulars of the activities of the Australian Curriculum,
28
Assessment and Reporting Authority during that financial
29
year to the extent they relate to the Charter; and
30
Part 6 Other matters
Section 44
26 Australian Curriculum, Assessment and Reporting Authority Bill 2008 No. , 2008
(b) if the Ministerial Council gives a direction under subsection
1
7(1) requiring the report to include any other information
2
relating to the performance of the Australian Curriculum,
3
Assessment and Reporting Authority's functions--that
4
information.
5
(3) However, information required in a direction under subsection 7(1)
6
must not include any personal information.
7
44 Review of role and functions
8
(1) The Minister must cause a review of the Australian Curriculum,
9
Assessment and Reporting Authority's ongoing role and functions
10
to be conducted.
11
(2) The review must:
12
(a) start 6 years after the commencement of this section; and
13
(b) be completed within 6 months.
14
(3) The Minister must cause a written report about the review to be
15
prepared.
16
(4) The Minister must cause a copy of the report to be laid before each
17
House of Parliament within 15 sitting days after the Minister
18
receives the report.
19
45 Regulations
20
The Governor-General may make regulations prescribing matters:
21
(a) required or permitted by this Act to be prescribed; or
22
(b) necessary or convenient to be prescribed for carrying out or
23
giving effect to this Act.
24

 

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