Tasmania: Tasmanian Assessment, Standards and Certification Act 2003 (Tas)

Tasmanian Assessment, Standards and Certification Act 2003 An Act to create the Tasmanian Assessment, Standards and Certification Board, to provide for the development and management of qualification processes, to abolish certain qualifications bodies, to repeal the Universities Registration Act 1995 and related Acts, to amend certain Acts and for related purposes [Royal Assent 17 November 2003] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Tasmanian Assessment, Standards and Certification Act 2003 . 2. Commencement This Act commences on a day to be proclaimed. 3. Interpretation (1) In this Act, unless the contrary intention appears – accredited course means an accredited senior secondary course, accredited higher education course or accredited other education course; accredited education program means an education program that is accredited under section 55ZU ; accredited higher education course means a course that is accredited under section 36 or by a self-accrediting higher education provider; accredited other education course means a course that is accredited under section 55ZI ; accredited senior secondary course means a course that has been accredited under section 26 ; accredited training course has the same meaning as "VET course" in the National Vocational Education and Training Regulator Act 2011 of the Commonwealth; amend includes – (a) omit matter; and (b) insert or add matter; and (c) omit matter and substitute other matter; approval certificate means an approval certificate issued under section 55D ; approved overseas higher education course means a higher education course approved under section 55B(5)(b) ; approved overseas higher education provider means an overseas higher education institution approved under section 55B(1)(a) as an approved overseas higher education provider; approved overseas higher education qualification means a qualification approved under section 55B(5)(c) ; approved qualification means – (a) a qualification for an accredited senior secondary course determined under section 26(4)(b) ; or (b) a qualification for an examination or assessment of senior secondary education determined under section 33C(b) ; or (c) a higher education award for an accredited higher education course determined under section 36(3) ; or (d) a qualification for an approved overseas higher education course approved under section 55B(5)(c) ; or (e) a qualification for a higher education course provided by a self-accrediting higher education provider determined by that provider under section 55Z ; or (f) a qualification for an accredited other education course determined under section 55ZI(3) ; or (g) a qualification for an examination or assessment of other education determined under section 55ZR(b) ; or (h) a qualification for an accredited education program determined under section 55ZU(5) ; assessment recommendation means the recommendation made under section 55ZZR by the Board to the Minister as to whether it is appropriate to establish a new university; Australian Accounting Standards means Statements of Accounting Standards issued jointly by the National Councils of the Australian Society of Certified Practising Accountants and the Institute of Chartered Accountants in Australia or their successors; Australian Qualifications Framework means the policy of that name, defining all qualifications recognised nationally in post-compulsory education and training within Australia, endorsed by the Ministerial Council on Education, Employment, Training and Youth Affairs so as to commence on 12 January 1995, as amended from time to time; Australian university has the same meaning as in the National Protocols for Higher Education Approval Processes; authorised officer means a person appointed under section 19 to be an authorised officer; Board means the Tasmanian Assessment, Standards and Certification Board established by section 7 ; certificate of self-accrediting status means a certificate of self-accrediting status issued under section 55Q ; committee means a committee established under section 20 ; corresponding law means a law of the Commonwealth, another State or a Territory that provides for the accreditation, registration, licensing, approval or other recognition of any one or more of the following: (a) senior secondary courses; (b) higher education courses; (c) other education courses; (d) education programs; (e) higher education providers; (f) providers of education programs to overseas students; course means – (a) a senior secondary course; or (b) an accredited training course; or (c) a higher education course; or (d) an approved overseas higher education course; or (e) an accredited other education course – which includes one or more subjects, syllabuses or programs of study or training leading to the conferral or issue of a particular qualification; education program means – (a) an accredited course; or (b) an accredited training course; or (c) any other instruction, training or prescribed means of education, whether given as a course of study or otherwise; exempt university means – (a) a university; or (b) another provider of higher education; or (c) another person – referred to in section 5 ; externally provided distance course means a course provided to a student situated in Tasmania if – (a) the course is entirely provided by means that do not include teaching in person; and (b) while the person is providing the course, the person is not present in Tasmania, and does not have any employees or business premises in Tasmania, for the purposes of providing that course; field of study has the same meaning as in the National Protocols for Higher Education Approval Processes; formal education means education that – (a) is delivered in a structured program that if successfully completed will result in the person obtaining a qualification; or (b) will result in the person obtaining a qualification if – (i) the attainment of the education is successfully demonstrated by that person in an examination or other assessment conducted by another person, other than the Office; and (ii) the conduct of such an examination or other assessment by that other person is an ordinary part of the business, functions or activities of that other person; functions includes duties; higher education means education in relation to which a higher education award may be issued; higher education award means – (a) an award of a diploma or advanced diploma; or (b) an award of a graduate diploma or graduate certificate; or (c) an award of an associate degree, bachelor degree, masters degree or doctoral degree; or (d) any other award specified in the Australian Qualifications Framework as a higher education award; or (da) an approved overseas higher education qualification; or (e) a prescribed award – but does not include a qualification that is awarded or issued in respect of vocational education and training or by an exempt university; higher education course means a course of study that entitles a person who satisfies the course requirements to the conferral or issue of a higher education award; interstate higher education course means a higher education course that is – (a) accredited, registered, licensed or otherwise approved under a corresponding law that provides for the accreditation, registration, licensing or other approval of a higher education course; and (b) provided to a student present in Tasmania – but does not include an externally provided distance course; justice of the peace does not include a magistrate; local higher education course means a higher education course, other than an interstate higher education course or overseas higher education course, that – (a) is provided in Tasmania; or (b) is provided in another State, a Territory or another country by a person resident or situated in, or whose principal business premises are situated in, Tasmania; MCEETYA means – (a) the Ministerial Council on Education, Employment, Training and Youth Affairs created in 1993 by the Council of Australian Governments and which consists of the Ministers from the Commonwealth, States and Territories having responsibility for education, employment, training and youth affairs; or (b) any other Ministerial Council consisting of the Ministers from the Commonwealth, States and Territories having responsibility for senior secondary education and tertiary education, whether created in substitution for, or in addition to, the Ministerial Council on Education, Employment, Training and Youth Affairs referred to in paragraph (a) , or otherwise; National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students means the code of that name approved by MCEETYA on 7 July 2006, as amended or substituted from time to time; National Protocols for Higher Education Approval Processes means – (a) the set of protocols governing higher education quality assurance processes agreed to by the States and Territories at the Ministerial Council on Education, Employment, Training and Youth Affairs on 31 March 2000, as amended from time to time; or (b) any set of protocols agreed to in substitution for the National Protocols for Higher Education Approval Processes, as amended from time to time; national standard means a standard relating to the provision of a course, the assessment of a person undertaking a course or the conferral or issue of a qualification in respect of a course to be followed by Commonwealth, State and Territory registering bodies and course accrediting bodies under – (a) (b) the National Protocols for Higher Education Approval Processes; or (c) the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students; or (d) the English Language Intensive Courses for Overseas Students (ELICOS) Standards; other education means education obtained by a person after the completion of those years of schooling that the person is required by law to attend – (a) including but not limited to adult education, community education and education specifically designed for a person with a disability; but (b) excluding senior secondary education, vocational education and training and higher education; other education course means a course of study in other education that entitles a person who satisfies the course requirements to the conferral or issue of an approved qualification; overseas higher education course means a higher education course provided or to be provided by an overseas higher education institution; overseas higher education institution has the same meaning as in the National Protocols for Higher Education Approval Processes; overseas student means a student in relation to whom a fee is paid for a course, but does not include – (a) an Australian citizen or a dependant of an Australian citizen; or (b) a New Zealand citizen or a dependant of a New Zealand citizen; or (c) a permanent resident in Australia or a dependant of such a permanent resident; or (d) a refugee resident in Australia; person includes – (a) a body of persons corporate or unincorporate; and (b) a government department or part of a government department; qualification means the recognition, by any means, that a person has successfully completed a course or course of study or has been successful in an examination or other assessment of an area of his or her education; recognised qualification means a qualification recognised by the Board under section 55ZZM(1) ; registered education (overseas students) provider means a person who is registered as a registered education (overseas students) provider under section 55ZZA ; registered higher education provider means a person who is registered as a registered higher education provider under section 43 , while that registration has effect; registered school has the same meaning as in the Education Act 2016 ; registered student exchange organisation means an organisation or other person that is registered as a registered student exchange organisation under section 33E ; registered training organisation has the same meaning as in the National Vocational Education and Training Regulator Act 2011 of the Commonwealth; Registrar means the Registrar of the Board appointed under section 16 ; registration certificate means a registration certificate issued under section 45 ; registration (overseas students) certificate means a registration (overseas students) certificate issued under section 55ZZC ; registration (student exchange organisation) certificate means a registration (student exchange organisation) certificate issued under section 33F ; regulations means regulations made and in force under section 72 ; rules means rules made and in force under section 64 ; school has the same meaning as in the Education Act 2016 ; self-accrediting higher education provider means a person who is granted the status of self-accrediting higher education provider under section 55O ; senior secondary accreditation framework means the framework relating to the accreditation of senior secondary courses approved by the Minister under section 24F , as amended or substituted from time to time under that section; senior secondary course means a course of study that is normally undertaken, or intended to be undertaken, during senior secondary education; senior secondary education means secondary education that is usually undertaken by persons following the completion of the fourth year of secondary education, being the year commonly known as Year 10; State school has the same meaning as in the Education Act 2016 ; student exchange program means a program whereby Tasmanian students undertaking senior secondary education, or other secondary education, may undertake a part of their studies in a country other than Australia and in return students from other countries may undertake a part of their studies in Tasmania; Treasurer's Instructions means instructions issued under section 114 of the Government Business Enterprises Act 1995 or section 51 of the Financial Management Act 2016 ; vocational education and training has the same meaning as in the Training and Workforce Development Act 2013 . (2) For the purposes of this Act – (a) a person may provide a course or education in person, by mail, by means of the internet, radio or television or by any other means; and (b) a person who provides a course or education to a student who is present in Tasmania while undertaking that course or education is taken to provide that course or education in Tasmania unless that course is an externally provided distance course. 4. Act binds Crown (1) This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities. (2) Nothing in this Act renders the Crown in right of Tasmania liable to be prosecuted for an offence against this Act. 5. Non-application of Act to certain providers of higher education (1) This Act, other than Part 4B , does not apply in relation to – (a) the University of Tasmania; or (b) a university established, recognised or registered by or under – (i) an Act of this State; or (ii) an Act of the Commonwealth, another State or a Territory; or (c) a person who is authorised to provide higher education courses, and self-accredit those courses, by or under an Act of the Commonwealth, another State or a Territory. (2) This Act, or a provision or part of this Act, as prescribed does not apply to a prescribed person or a person of a prescribed class of persons. (3) If the University of Tasmania, a university referred to in subsection (1)(b) , a person referred to in paragraph (c) or a person referred to in subsection (2) is a registered education (overseas students) provider, this Act applies to that university or person in his, her or its capacity as such a registered education (overseas students) provider. 6. Application of principles A person performing a function, action or duty, or exercising a power, under this Act is to have regard to the principles set out in section 4(1) of the Education Act 2016 . PART 2 - Tasmanian Assessment, Standards and Certification Board Division 1 - Tasmanian Assessment, Standards and Certification Board 7. Tasmanian Assessment, Standards and Certification Board (1) The Tasmanian Assessment, Standards and Certification Board is established. (2) The Board – (a) is a body corporate with perpetual succession; and (b) may have a seal; and (c) may sue and be sued in its corporate name. (3) If the Board has a seal – (a) it is to be kept, and used as authorised, by the Board; and (b) all courts and persons acting judicially must take judicial notice of the imprint of the seal on a document and presume that it was duly sealed by the Board. 8. Membership of Board (1) The Board consists of such number of members, including the chairperson, not exceeding 7 but not fewer than 5, as the Minister appoints. (2) Until the members of the Board are appointed under subsection (1) , the Registrar is to perform the functions and exercise the powers of the Board. (3) Before appointing a member under subsection (1) , the Minister is to give notice so that persons interested in being members may provide written expressions of interest to the Minister. (4) Notice given under subsection (3) – (a) is to be given by publication in one or more daily newspapers published and circulating in the State; and (b) may be given – (i) by publication in a journal, periodical or other document; and (ii) by publication or broadcast, by means of the internet, in any format; and (iii) in print, or electronic communication meant for one or more persons. (5) In appointing members under subsection (1) , the Minister is to ensure that the members – (a) collectively, have the following skills: (i) general board governance skills; (ii) skills relevant to the Board's functions; and (b) represent the diversity of the community; and (c) each hold a current registration under the Registration to Work with Vulnerable People Act 2013 . (6) In appointing the members of the Board, the Minister – (a) is to have regard to all expressions of interest provided to the Minister under subsection (3) ; and (b) may have regard to advice sought from an advisory council established under section 249 of the Education Act 2016 ; and (c) may have regard to advice from any existing members of the Board regarding the skills required. (7) The Minister is to appoint a chairperson. (8) Schedule 1 has effect with respect to the membership and meetings of the Board. 9. Objectives of Board The objectives of the Board are to ensure that – (a) relevant national standards and State standards for senior secondary education, vocational education and training and higher education are monitored and met; and (b) links between qualifications for senior secondary education, vocational education and training, higher education and other education are developed or improved; and (c) throughout a person's life as wide a range of qualifications as practicable can be obtained and recognised in senior secondary education, vocational education and training, higher education and other education. 10. Functions of Board (1) The Board has the following functions: (a) to provide a consolidated statement of the approved qualifications and other qualifications of a person at his or her request; (b) to accredit courses for senior secondary education, higher education and other education; (c) to register providers of higher education; (d) to determine standards and qualifications in senior secondary education and other education and to provide for or determine related matters; (e) to set, to conduct or arrange for the conduct of and to mark examinations and assessments in senior secondary education and other education and to provide for or determine related matters; (f) to accredit education programs for overseas students, register providers of such programs and provide for or determine related matters; (g) to collect, record and distribute individual student information relating to senior secondary education, vocational education, higher education and other education; (h) to provide advice to the Minister on matters relating to qualifications; (i) to – (i) collect and record data relating to the educational outcomes, attainment, retention and assessment of students; and (ii) collect and record student demographic data; and (iii) provide to the Minister, at the request of the Minister, the data collected and recorded under subparagraphs (i) and (ii) or such of that data as is specified in the Minister's request; and (iv) provide to the Secretary of the Department, for the purpose of performing his or her functions under this or any other Act, the data collected and recorded under subparagraphs (i) and (ii) in so far as it relates to State schools; and (v) provide to a school, or an organisation representing all or a group of registered schools, the data collected and recorded under subparagraphs (i) and (ii) in so far as it relates to that school or to a registered school represented by that organisation; (j) to distribute the data referred to in paragraph (i) , or part of that data, as required by or under any law; (k) to provide to the Secretary of the Department, or another person or an organisation agreed by the Secretary and the Board, the data referred to in paragraph (i) so as to enable the Department to manage the data on behalf of the Board; (l) functions imposed on the Board by any other Act; (m) other functions imposed on the Board by this Act; (n) other functions imposed on the Board by the Minister by written notice provided to the Board. (2) For the purposes of subsection (1)(i)(iii) and (v) , information that identifies a student may only be distributed to the school, or an organisation representing the registered school, that the student attends. (3) Nothing in this section prevents any school or organisation representing all, or a group of, registered schools from providing data acquired under, or of a kind referred to in, subsection (1)(i) to any school or any such organisation. 11. Powers of Board The Board has the following powers: (a) authorising and directing the undertaking of investigations, inspections, examinations and reviews for the purposes of this Act; (ab) undertaking audits of providers of education or training at the request of persons the Board considers have an interest in the provision of education or training by those providers; (b) acquiring, holding, disposing of and otherwise dealing with property; (c) entering into contracts, including a contract with another person for the performance or exercise of any of its functions or powers by or jointly with that other person; (d) setting charges, terms and conditions relating to work done, or services, goods or information supplied, by it; (da) collecting vocational education attainment data from registered training organisations operating in Tasmania; (e) doing any other thing necessary or convenient to be done in connection with the performance or exercise of its functions and powers under this or any other Act. 11A. Performance and exercise of functions and powers (1) In this section – education regulator has the same meaning as in the Education Act 2016 . (2) In performing functions and exercising powers under this Act, the Board, staff made available to the Board under section 18 and any committee established by the Board are to have regard to any principles of education regulator best practice specified in a Ministerial instruction issued under section 6 of the Education Act 2016 for the purposes of this section. 12. Delegation (1) The Board may delegate any of its functions, duties or powers under this Act or any other Act, other than this power of delegation. (2) The Registrar may delegate to a State Service officer or State Service employee employed in the Department any of his or her functions, duties or powers under this or any other Act, including a function, duty or power delegated to him or her by the Board, other than this power of delegation. 13. Ministerial statement of expectations (1) The Minister, before 31 December in each year, is to give to the Board a statement setting out the Minister's expectations for the Board (a Ministerial statement of expectations) in relation to the period of 12 months commencing 1 July of the next year (or other such period as may be determined by the Minister). (2) In preparing a Ministerial statement of expectations, the Minister is to have regard to the Board's functions and powers. (3) A Ministerial statement of expectations is not to – (a) prevent the Board from performing a function that it is required to perform or from otherwise complying with any Act; or (b) extend the functions or powers of the Board; or (c) seek to direct the Board in relation to a decision made under the Act regarding an individual case. (4) The Board must perform its functions and duties in a manner consistent with an applicable Ministerial statement of expectations. (5) The Minister, on his or her own motion or at the request of the Board, may at any time amend a Ministerial statement of expectations. (6) A Ministerial statement of expectations and any amendment of it is to be in writing and signed by the Minister. (7) An amendment to a Ministerial statement of expectations takes effect on such day as is specified in the instrument of amendment. (8) The Minister may consult with the Board in preparing a Ministerial statement of expectations and any amendment of a Ministerial statement of expectations. 13A. Corporate plan by Board (1) The Board is to prepare a corporate plan annually. (2) A corporate plan is to include targets that measure the performance outcomes of the functions of the Board. (3) A corporate plan is to be – (a) consistent with an applicable Ministerial statement of expectations given under section 13 ; and (b) in such form, if any, as specified in a Ministerial instruction issued under section 6 of the Education Act 2016 . (4) In preparing a corporate plan, the Board – (a) is to consult the Minister; and (b) may consult such other persons as it considers appropriate. (5) After preparing a corporate plan, the Board is to submit a draft of the plan to the Minister for approval. (6) The Minister may – (a) approve the draft corporate plan as submitted; or (b) require the Board to amend the draft corporate plan and resubmit it for approval. (7) To avoid doubt, the Minister's power under subsection (6)(b) may be exercised more than once. (8) If a draft corporate plan is approved by the Minister – (a) it takes effect as the corporate plan of the Board for the period specified in a Ministerial instruction issued under section 6 of the Education Act 2016 for the purposes of this section; and (b) the Board is to act in accordance with the corporate plan during that period. (9) The Board, having regard to changes of circumstance or for other reasonable cause, may prepare an amendment to the corporate plan at any time. (10) Subsections (4) , (5) , (6) , (7) and (8) have the same application to an amendment as they have to the plan itself, and the amendment takes effect once it has been approved by the Minister. (11) The Board is to ensure that the current corporate plan, and the current Ministerial statement of expectations given to the Board under section 13 , are available for public inspection in such manner as the Board determines. 14. Responsibility of Board (1) The Board is responsible – (a) to the Minister, in relation to any functions and powers performed and exercised under sections 10 and 11 ; and (b) to the Secretary of the Department, in relation to all other functions and powers performed and exercised by the Board in accordance with this or any other Act. (2) Despite subsection (1) , neither the Minister nor the Secretary of the Department may direct the Board in relation to an individual decision made under the Act. 14A. Independent review of Board (1) In this section – independent review means a review conducted by persons who – (a) in the Minister's opinion, are appropriately qualified for that task; and (b) include one or more persons who are not State Service employees or State Service officers or employees of any agency of the State. (2) The Minister may require an independent review of the operation of the Board to be conducted, including of the performance and exercise of its functions and powers. (3) The persons who conduct a review are to give the Minister a written report on its outcome. Division 2 - . . . . . . . . 15. . . . . . . . . Division 3 - Registrar and staff of Board 16. Registrar The Secretary of the Department may appoint a State Service officer or State Service employee employed in the Department, other than a member of the Board, to be the Registrar and that State Service officer or State Service employee may hold the office of Registrar in conjunction with his or her other State Service employment. 17. Roles, functions and duties of Registrar (1) The Registrar is responsible to the Board for the general administration of the Board. (2) The Registrar – (a) must perform any functions, and may exercise any powers, delegated to the Registrar by the Board; and (b) must perform any other functions imposed on, and may exercise any other powers granted to, the Registrar by this or any other Act. (3) The Registrar may delegate any of his or her functions or powers under this Act other than this power of delegation. (4) The Registrar is responsible – (a) to the Board, in relation to any functions or powers delegated under subsection (2)(a) ; and (b) to the Secretary of the Department in relation to all other functions and powers performed and exercised by the Registrar in accordance with this or any other Act. 18. Staff (1) The Board may arrange with the Secretary of the Department for State Service officers and State Service employees employed in the Department to be made available to enable the Board to perform and exercise its functions and powers. (2) On the written request of the Board, the Secretary of the Department may arrange with the Head of a State Service Agency for State Service officers and State Service employees employed in that Agency to be made available to enable the Board to perform and exercise its functions and powers. (3) All expenses associated with the use by the Board of a State Service officer or State Service employee made available under subsection (2) to the Board by the Head of a State Service Agency are to be met by the Board unless otherwise agreed between the Secretary of the Department and the Head of that Agency. 19. Authorised officers (1) The Board may appoint a State Service officer or State Service employee made available to the Board under section 18 to be an authorised officer. (2) The Board is to ensure that each authorised officer has a current identity card that is issued by the Board and contains a recent photograph of the officer. Division 4 - Committees 20. Committees (1) The Board may establish one or more committees to advise and assist the Board in the performance and exercise of its functions and powers under this Act or any other Act. (2) A committee consists of such persons as the Board appoints. (3) The Registrar, or a member of the Board, or both, may be a member of a committee. (4) . . . . . . . . (5) . . . . . . . . (6) A member of a committee holds office on such conditions in relation to matters not provided for by this Act as are specified in the instrument of appointment. (7) At any time, the Board may abolish a committee. 21. Procedure of committees (1) A committee must keep accurate minutes of its meetings. (2) Except as otherwise provided in this Act, a committee may regulate its own proceedings. Division 5 - Financial affairs 22. Authorised deposit-taking institution accounts The Board may open and maintain such authorised deposit-taking institution accounts as it considers necessary. 23. Accounting records (1) The Board is to – (a) keep such accounting records as correctly record and explain its transactions (including any transactions as trustee) and financial position; and (b) keep those records in a manner that – (i) allows true and fair accounts of the Board to be prepared from time to time; and (ii) allows its accounts to be conveniently and properly audited or reviewed; and (iii) subject to any contrary written direction given by the Treasurer to the Board under subsection (2) , complies with Australian Accounting Standards; and (iv) complies with any written directions given by the Minister or Treasurer to the Board under subsection (2) . (2) The Treasurer or Minister may give written directions to the Board for the purposes of subsection (1) . (3) Subject to this section, Treasurer's Instructions apply to, and in relation to, the Board as if it were an Agency within the meaning of the Financial Management Act 2016 . (4) The Treasurer, by notice to the Board, may modify Treasurer's Instructions in their application to the Board. (5) If the Treasurer gives the Board a notice under subsection (4) modifying Treasurer's Instructions in their application to the Board, the Treasurer's Instructions that apply to and in respect of the Board are to be taken to be, for the purposes of this Act and the Financial Management Act 2016 , modified in accordance with the notice. 24. Annual report by Board (1) The Board, in each year, is to provide to the Minister a report on the performance and exercise of its functions and powers for the period of 12 months that ended on the last preceding 30 June (or such other period of 12 months as may be determined by the Minister). (2) The report is to – (a) include – (i) a statement regarding the achievement of targets set out in the corporate plan approved and in effect under section 13A ; and (ii) the financial statements of the Board, as audited by the Auditor-General, for the financial year ending on 30 June in the year to which the annual report relates (or other period as determined by the Minister); and (iii) details of any changes to the membership of the Board; and (iv) any information required by the Minister; and (b) be completed by the date determined by the Minister. (3) In each year, the Minister is to, on or before 31 October or such other date as may be prescribed, cause a copy of the report referred to in subsection (1) to be laid on the table of each House of Parliament. (4) A date prescribed for the purposes of subsection (3) is to be a date not later than 4 months after the end of the period of 12 months referred to in subsection (1) . (5) If the Minister is unable to comply with subsection (3) by reason of the fact that either House of Parliament is not sitting, the Minister, on 31 October or such other date as is prescribed under subsection (3) , as the case may require, is to – (a) forward a copy of the report referred to in subsection (1) to the Clerk of the Legislative Council and the Clerk of the House of Assembly; and (b) make the report available to the public – and, within the next 7 sitting-days of that House, is to cause a copy of the report to be laid before that House. (6) If 31 October or such other date as is prescribed under subsection (3) is a Sunday or any day which is a bank holiday or a public holiday throughout the State (an excluded day), subsection (5) is taken to be complied with if a copy of the report is forwarded to the Clerk of the Legislative Council and the Clerk of the House of Assembly, and is made available to the public, on the next day afterwards, not being an excluded day. 24AA. Framework agreement by Board The Board is to enter into an agreement with the Secretary that includes the following matters: (a) the budget of the Board; (b) the staff made available to the Board under section 18 , and details regarding their selection and performance management; (c) support and functions to be provided to the Board by the Secretary; (d) the information-sharing arrangements between the Board and the Secretary; (e) the application to the Board of the policies, procedures and guidelines of the Department; (f) the manner in which the Board is accountable to the Secretary in relation to budget outcomes and other outcomes; (g) any cost recovery arrangements between the Secretary and the Board. PART 3 - Senior Secondary Education Division 1 - Preliminary 24A. Priorities for curriculum The Minister – (a) is to establish the priorities for the development of the curriculum for senior secondary education; and (b) is to cause those priorities to be published on the website of the Department; and (c) may make those priorities available to the public, free of charge, in any other manner the Minister considers appropriate. 24B. Responsibilities of Secretary of Department for senior secondary curriculum (1) . . . . . . . . (2) The Secretary of the Department has the following responsibilities in relation to the curriculum for senior secondary education: (a) to advise the Minister on the priorities in relation to the development or revision of the curriculum for senior secondary education; (b) to cause the Department to develop, and regularly revise, the curriculum for senior secondary education; (c) to ensure that the curriculum for senior secondary education is – (i) developed and revised in accordance with any priorities established by the Minister under section 24A ; and (ii) suitable for use in State schools and registered schools. (3) In undertaking his or her responsibilities, the Secretary of the Department is to – (a) consult and work collaboratively with any organisations that represent all, or any group of, registered schools; and (b) consult with relevant teacher unions, and associations that represent parents of students, and take their opinions into consideration; and (c) consider – (i) the needs of the Tasmanian workforce; and (ii) the needs of providers of vocational education and training, and of higher education, in developing their own accredited training courses and higher education courses. 24C. Committees (1) The Secretary of the Department may establish such committees as he or she considers appropriate to advise him or her in relation to the undertaking, performance and exercise of his or her responsibilities, functions and powers under this Act. (2) A committee consists of such persons as the Secretary of the Department appoints after consulting with all organisations that represent all, or any group of, registered schools. (3) The Secretary of the Department may be a member of a committee. (4) A member of a committee holds office as a member for the term, and on the conditions, specified in his or her instrument of appointment. (5) The Secretary of the Department may abolish a committee at any time. 24D. Procedure of committees (1) The Secretary of the Department, in writing provided to a committee established under section 24C , may provide for the regulation of its proceedings. (2) A committee established under section 24C must keep accurate minutes of its proceedings. (3) Except as otherwise provided by the Secretary of the Department or by this Act, a committee established under section 24C may regulate its own proceedings. 24E. Development and review of senior secondary accreditation framework (1) The Board is to – (a) develop a draft framework relating to the accreditation of senior secondary courses; and (b) at the request of the Minister or from time to time on its own discretion, review the senior secondary accreditation framework. (2) In developing the draft framework, providing a substitute draft framework in accordance with the Minister's requirement under section 24F(2)(c) or reviewing the senior secondary accreditation framework, the Board – (a) is to consult with one or more organisations that represent all, or any group of, schools that offer senior secondary education; and (b) may consult with one or more schools that offer senior secondary education. (3) After a review of the senior secondary accreditation framework, the Board is to, as it considers appropriate, prepare – (a) a draft amendment to the senior secondary accreditation framework; or (b) a draft framework to be substituted for the senior secondary accreditation framework; or (c) a report stating that the senior secondary accreditation framework does not need amendment or replacement and the reasons supporting that conclusion. 24F. Senior secondary accreditation framework (1) After completing under section 24E(1) or (3) – (a) a draft framework; or (b) a draft amendment to the senior secondary accreditation framework; or (c) a substitute draft framework to replace the senior secondary accreditation framework; or (d) a report stating that the senior secondary accreditation framework does not need amendment or replacement – the Board is to provide it to the Minister. (2) On receipt of a draft framework, the Minister may – (a) approve the draft framework; or (b) require the Board to amend the draft framework and provide the amended draft framework for approval; or (c) require the Board to provide a substitute draft framework for approval. (3) The framework is to include – (a) priorities for the accreditation of senior secondary courses; and (b) the processes for determining whether or not to accredit any senior secondary course; and (c) the standards which must be met by a senior secondary course for it to be accredited as a senior secondary course. (4) The framework may include any other matters the Minister considers appropriate. (5) If the Minister is provided by the Board with a draft amendment to the senior secondary accreditation framework, or a substitute draft framework for the senior secondary accreditation framework together with a recommendation that the senior secondary accreditation framework be rescinded and substituted, the Minister may – (a) approve the draft amendment of the framework or rescind the framework and substitute the substitute draft framework; or (b) require the Board to amend the draft amendment or substitute draft framework and provide the amended draft amendment or substitute draft framework for approval. (6) If the Minister is provided by the Board with a report stating that the senior secondary accreditation framework does not need amendment or replacement, the Minister may – (a) accept that report and neither amend nor rescind and substitute the senior secondary accreditation framework; or (b) require the Board to provide a draft amendment to the senior secondary accreditation framework or a substitute draft framework for the senior secondary accreditation framework. (7) The Minister is to provide a copy of the senior secondary accreditation framework, and any amendment to the senior secondary accreditation framework or substitute senior secondary accreditation framework, to the Board and, so as to assist the Secretary of the Department in undertaking his or her responsibilities under section 24B , to the Secretary. (7A) The Board – (a) is to perform and exercise its functions and powers in a manner that is consistent with the senior secondary accreditation framework; and (b) in so performing and exercising its functions and powers in relation to the senior secondary accreditation framework, may consult with – (i) one or more organisations that represent all, or any group of, schools that offer senior secondary education; and (ii) one or more schools that offer senior secondary education. (8) The Board – (a) is to publish the senior secondary accreditation framework, as amended or substituted from time to time, on its website; and (b) may publish the framework, or make it available to the public, in any other manner the Board considers appropriate. (9) The senior secondary accreditation framework, an amendment to it, and a substitute senior secondary accreditation framework are not statutory rules for the purposes of the Rules Publication Act 1953 . 24G. . . . . . . . . 24H. . . . . . . . . 24I. . . . . . . . . Division 1A - Accredited senior secondary courses 25. Application for accreditation of senior secondary course (1) A person who provides, or proposes to provide, a senior secondary course in Tasmania or elsewhere may apply to the Board for accreditation of that course. (2) An application is to be in a form approved by the Board. (3) The Board may require the applicant to provide any further information it considers relevant to the application. 26. Accreditation of senior secondary course (1) . . . . . . . . (2) On receipt of an application under section 25 , the Board may – (a) accredit the senior secondary course; or (b) refuse to accredit the senior secondary course. (3) The Board must accredit a senior secondary course if satisfied – (a) that each of the following matters is adequately provided for and of sufficient standard to allow the granting of a qualification to a person successfully completing the course: (i) the aims and learning outcomes of the course; (ii) the scope of the studies involved in the course; (iii) the assessment processes used, or to be used, to determine whether a student has achieved the learning outcomes of the course; and (ab) that the course has been developed in accordance with the senior secondary accreditation framework; and (b) that the course and the methods of delivering the course are likely to achieve the purposes, aims and learning outcomes of the course; and (c) that the contents and standards of the course, and the methods of delivering the course, are consistent with any relevant national standards. (4) When accrediting a senior secondary course, the Board may determine – (a) that the course is an accredited course of a particular class or level; and (b) the qualification that will be conferred on the successful completion of the course. (5) If on considering an application under section 25 the Board accredits, or refuses to accredit, a senior secondary course, the Board is to provide written notice of that decision to the applicant. 27. Term of accreditation of accredited senior secondary course An accredited senior secondary course is accredited for the period determined by the Board. 28. Renewal of accreditation as accredited senior secondary course (1) A person who applied for the accreditation of an accredited senior secondary course may apply for the renewal of the accreditation of that course not less than 6 calendar months before the accreditation ceases to have effect. (2) The Board may require the applicant to provide any further information it considers relevant to the application. (3) On receipt of an application, the Board may – (a) renew the accreditation of the senior secondary course; or (b) refuse to renew the accreditation of the senior secondary course. (4) The Board may only renew the accreditation of the senior secondary course if satisfied that the course complies with the senior secondary accreditation framework. (5) The Board may only refuse to renew the accreditation of the senior secondary course if satisfied that – (a) the course and the methods of delivering the course are no longer achieving the purposes, aims and learning outcomes of the course; or (b) the contents and standards of the course, and the methods of delivering the course are no longer consistent with any relevant national standards. (6) If the Board renews the accreditation of a senior secondary course – (a) the course is accredited for the period determined by the Board; and (b) the qualification that is conferred on the successful completion of the course remains the same qualification as was conferred before the renewal. (7) If on considering an application the Board renews, or refuses to renew, the accreditation of a senior secondary course, the Board is to provide written notice of that decision to the applicant. 29. Cancellation of accreditation as accredited senior secondary course (1) The Board may, at any time in writing, cancel the accreditation of an accredited senior secondary course if the Board is no longer satisfied of the matters specified in section 26(3) . (2) A cancellation takes effect on the day specified in it. 30. Offence of falsely claiming to provide accredited course A person who provides a course must not claim, or otherwise represent in any manner, that it is an accredited senior secondary course unless the course is an accredited senior secondary course. Penalty: Fine not exceeding 200 penalty units. 31. Assessment of accredited senior secondary courses The Board may determine procedures and arrangements, and may set, conduct or arrange for the conduct of and mark examinations and assessments, for the assessment of persons undertaking accredited senior secondary courses. 32. Conferral or issue of approved qualification Subject to section 33(4) , the Board, by written statement or otherwise, is to recognise the successful completion of an accredited senior secondary course by the conferral or issue of the approved qualification for that course. 33. Standards for provision and assessment of accredited senior secondary courses (1) The Board may set or adopt standards for the provision and assessment of accredited senior secondary courses. (2) For the purpose of ensuring that the provision and assessment of an accredited senior secondary course meets standards set under subsection (1) , the Board may give to a person providing or proposing to provide that course a written direction to do anything the Board considers appropriate. (3) A person must comply with a direction given under subsection (2) . (4) If an accredited senior secondary course provided by any person fails to meet standards set or adopted for the provision or assessment of that course, the Board may refuse to confer or issue an approved qualification to a student completing that course. Division 2 - Senior secondary education otherwise than by completion of accredited senior secondary course 33A. Examination or assessment of senior secondary education The Board may determine procedures and arrangements, and may set, conduct or arrange for the conduct of and mark examinations and assessments, for the assessment of persons in respect of senior secondary education that has been obtained by those persons otherwise than by the successful completion of an accredited senior secondary course. 33B. Senior secondary education qualification If a person meets the standards required by the Board for success in an examination or assessment of the person's senior secondary education that was obtained otherwise than by the successful completion of an accredited senior secondary course, the Board is to issue to the person the approved qualification for that examination or assessment. 33C. Standards and qualifications for senior secondary education The Board may – (a) set or adopt standards for examinations and assessments of the senior secondary education obtained by a person otherwise than by the successful completion of an accredited senior secondary course; and (b) determine qualifications for the successful completion of such examinations and assessments. Division 3 - Registration of student exchange organisations 33D. Application for registration of student exchange organisation (1) An organisation or other person that proposes to oversee or manage a student exchange program may apply to the Board for registration as a registered student exchange organisation. (2) An application is to be – (a) in a form approved by the Board; and (b) accompanied by any prescribed fee. (3) The Board may require the applicant to provide any further information, and any permissions for the release of information, it considers relevant to the application. 33E. Registration as registered student exchange organisation (1) On receipt of an application under section 33D , the Board may – (a) register the applicant as a registered student exchange organisation; or (b) refuse to so register the applicant. (2) In determining whether or not to register an applicant, the Board is to have regard to – (a) any relevant national guidelines; and (b) the aims of the proposed student exchange program; and (c) the reciprocal arrangements between Tasmania and the other country under the proposed student exchange program; and (d) the organisational and financial structure of the applicant; and (e) the support offered under the proposed student exchange program to students in the program and the families accommodating those students; and (f) the arrangements for health insurance for students in the proposed student exchange program; and (g) the processes established by the proposed student exchange program for resolution of problems; and (h) any other matter the Board considers relevant. (3) On registering or refusing to register an applicant, the Board is to notify the applicant, in writing, of that decision. 33F. Registration (student exchange organisation) certificate (1) On registering an organisation or other person as a registered student exchange organisation, the Board is to issue a registration (student exchange organisation) certificate to that organisation. (2) A registration (student exchange organisation) certificate is to specify – (a) the period for which the registered student exchange organisation is registered; and (b) any other matter the Board considers appropriate. 33G. Term of registration (1) The registration of a registered student exchange organisation has effect for the period not exceeding 5 years specified in the registration (student exchange organisation) certificate. (2) Registration of a person as a registered student exchange organisation takes effect on the day the registration (student exchange organisation) certificate is issued or on a later day specified in that certificate. 33H. Registration fee A registered student exchange organisation must pay any prescribed registration fee. 33I. Amendment of registration (1) The Board may amend the registration of a registered student exchange organisation on the request of the registered student exchange organisation or at its own discretion. (2) If the Board amends a registration under subsection (1) , the Board is to – (a) notify the registered student exchange organisation, in writing, of that amendment; and (b) either endorse that amendment on the registration (student exchange organisation) certificate or provide the registered student exchange organisation with a replacement registration (student exchange organisation) certificate. (3) The amendment of the registration of a registered student exchange organisation takes effect on the day specified in the notice provided to that organisation under subsection (2)(a) . 33J. Renewal of registration (1) A registered student exchange organisation may apply for the renewal of the registration not less than 6 calendar months before the registration ceases to have effect. (2) This Division applies in respect of an application for renewal of registration as a registered student exchange organisation, and that renewal, as if the application were an application for a first registration as a registered student exchange organisation. (3) A registered student exchange organisation must comply with the written requirement of the Board that the registration (student exchange organisation) certificate be surrendered to the Board for the purpose of amending it, or replacing it, as the Board determines appropriate on the renewal of the registration. 33K. Registration not transferable The registration of an organisation or other person as a registered student exchange organisation may not be transferred to any other organisation or person. 33L. Guidelines The Board may issue guidelines in respect of – (a) the accommodation, education and wellbeing of students in a student exchange program; and (b) the processes for making complaints and dealing with problems and complaints under a student exchange program; and (c) any other matter the Board considers relevant to a student exchange program. 33M. Direction to registered student exchange organisation (1) The Board may direct a registered student exchange organisation to take any action the Board considers appropriate or refrain from doing any act if the Board is of the opinion that – (a) the registered student exchange organisation has contravened this Act or guidelines issued under section 33L ; or (b) it is appropriate to give the direction having taken into account the matters specified in section 33E(2) . (2) A direction is to be in writing provided to the registered student exchange organisation. (3) A registered student exchange organisation must comply with a direction provided under this section. 33N. Cancellation or suspension of registration (1) The Board may cancel or suspend the registration of a registered student exchange organisation if, after allowing the organisation an opportunity to make submissions in respect of the matter, the Board is satisfied that – (a) the organisation has contravened this Act or guidelines issued under section 33L ; or (b) it is appropriate to so cancel or suspend the registration having taken into account the matters specified in section 33E(2) ; or (c) it is in the public interest to so cancel or suspend the registration; or (d) the organisation has not complied with a direction under section 33M within the time specified in the direction. (2) The Board is to cancel the registration of a registered student exchange organisation if it has surrendered the registration (student exchange organisation) certificate and requested that the registration be cancelled. PART 4 - Higher Education Division 1 - Preliminary 34. When person may provide higher education course or higher education award (1) A person may provide a higher education course if – (a) the person is a registered higher education provider, approved overseas higher education provider or self-accrediting higher education provider; and (b) the course is an accredited higher education course, or approved overseas higher education course, that the provider is authorised under this Act to provide. (2) A person may confer or issue a higher education award if – (a) the person conferring or issuing the award is a registered