[Heading amended: No. 19 of 2010 s. 4; No. 37 of 2011 s. 38.]
Division 1 — Provisions as to constitution and proceedings of the Board
[Heading amended: No. 37 of 2011 s. 39.]
1 . Term of office of members
(1) Subject to clause 2, a member holds office for the term that is specified in the member’s instrument of appointment, and that term is not to exceed —
(b) in the case of the member who is the chairperson, 5 years.
(2A) A person’s eligibility for reappointment or the term for which a person may be reappointed is not affected by an earlier appointment.
(2) A member whose term of office expires by the passage of time continues in office until that member is reappointed or the successor of that member comes into office.
[Clause 1 amended: No. 37 of 2011 s. 40.]
2 . Resignation, removal etc. of members
(1) The office of a member becomes vacant if the member —
(a) resigns the office by written notice addressed to the Minister; or
(b) is an insolvent under administration, as that term is defined in the Corporations Act 2001 of the Commonwealth; or
(ca) has ceased to be eligible to be appointed as a member; or
(c) is removed from office by the Minister under subclause (2).
(2) The Minister may remove a member from office if the Minister is satisfied that the member —
(a) has neglected his or her duty; or
(b) has misbehaved; or
(c) is incompetent; or
(d) is suffering from mental or physical incapacity impairing the performance of his or her functions under this Act.
[Clause 2 amended: No. 10 of 2001 s. 220; No. 37 of 2011 s. 41.]
3 . Leave of absence for members
The Board may grant leave of absence to a member on such terms and conditions as it thinks fit.
[Clause 3 amended: No. 37 of 2011 s. 42.]
4 . Appointed member unable to act
(1) If a member other than the chairperson is unable to act by reason of illness, absence or other cause, the Minister may appoint another person to act temporarily in his or her place and, while so acting according to the tenor of his or her appointment, that other person is to be taken to be a member.
(2) If a member is performing the functions of the chairperson under clause 8(2), the Minister may, under subclause (1), appoint another person to act in his or her place as a member.
(3) The appointment of a person under subclause (1) may be terminated at any time by the Minister.
[Clause 4 amended: No. 37 of 2011 s. 43.]
[ 5. Deleted: No. 37 of 2011 s. 44.]
6 . Saving
No act or omission of a person acting in place of another under clause 4 or 8(2) is to be questioned on the ground that the occasion for his or her appointment or acting had not arisen or had ceased.
[Clause 6 amended: No. 37 of 2011 s. 45.]
7 . Meetings, convening
(1) Subject to subclause (2), meetings are to be held at the times and places that the Board determines.
(2) A special meeting of the Board may at any time be convened by the chairperson.
(3) The first meeting of the Board is to be convened by the chairperson.
[Clause 7 amended: No. 37 of 2011 s. 53(2).]
8 . Presiding officer
(1) The chairperson is to preside at all meetings of the Board at which he or she is present.
(2) If the chairperson is absent from a meeting the members present are to appoint one of their number to preside.
[Clause 8 amended: No. 37 of 2011 s. 53(2).]
9 . Quorum
A quorum for a meeting of the Board is 5 members.
[Clause 9 amended: No. 37 of 2011 s. 46.]
10 . Voting
(1) At any meeting of the Board each member present has a deliberative vote.
(2) Subject to subclause (3), if the votes cast on a question are equally divided, the question remains unresolved until a subsequent meeting of the Board.
(3) If the votes cast on a question at a meeting of the Board were equally divided and the votes cast on the question at a subsequent meeting of the Board are again equally divided, the question is to be taken to have been resolved in the negative.
[Clause 10 amended: No. 37 of 2011 s. 47 and 53(2).]
11 . Minutes
The Board is to cause accurate minutes to be kept of the proceedings at its meetings.
[Clause 11 amended: No. 37 of 2011 s. 53(2).]
12 . Resolution without meeting
A resolution in writing signed or assented to by each member by letter or facsimile is as effectual as if it had been passed at a meeting of the Board.
[Clause 12 amended: No. 37 of 2011 s. 53(2).]
13 . Telephone or video meetings
A communication between not less than 5 members by telephone, audio-visual or other electronic means is a valid meeting of the Board if each participating member is capable of communicating with every other participating member instantaneously at all times during the proceedings.
[Clause 13 amended: No. 37 of 2011 s. 48.]
[ 14. Deleted: No. 37 of 2011 s. 49.]
15 . Board to determine own procedures
Subject to this Act, the Board is to determine its own procedures.
[Clause 15 amended: No. 37 of 2011 s. 53(2).]
Division 2 — Disclosure of interests, etc.
16 . Material personal interests to be disclosed
(1) A member who has a material personal interest in a matter being considered or about to be considered by the Board must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Board.
Penalty: a fine of $10 000.
(2) A disclosure under subclause (1) is to be recorded in the minutes of the meeting.
[Clause 16 amended: No. 50 of 2003 s. 53(2); No. 37 of 2011 s. 50.]
17 . Member with material personal interest not to vote etc.
A member who has a material personal interest in a matter that is being considered by the Board —
(a) must not vote whether at a meeting or otherwise —
(i) on the matter; or
(ii) on a proposed resolution under clause 18 in respect of the matter, whether relating to that member or a different member;
(b) must not be present while —
(i) the matter; or
(ii) a proposed resolution of the kind referred to in paragraph (a)(ii),
is being considered at a meeting.
[Clause 17 amended: No. 37 of 2011 s. 51.]
18 . Board may disapply cl. 17
Clause 17 does not apply if the Board has at any time passed a resolution that —
(a) specifies the member, the interest and the matter; and
(b) states that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter.
[Clause 18 amended: No. 37 of 2011 s. 53(2).]
19 . Quorum where cl. 17 applies
(1) Despite clause 9, if a member is disqualified under clause 17 in relation to a matter, a quorum is present during the consideration of the matter if at least 4 members are present who are entitled to vote on any motion that may be moved at the meeting in relation to the matter.
(2) The Minister may deal with a matter insofar as the Board cannot deal with it because of subclause (1).
[Clause 19 amended: No. 37 of 2011 s. 52 and 53(2).]
20 . Minister may declare cl. 17 and 19 inapplicable
(1) The Minister may by writing declare that clause 17 or 19 or both of them do not apply in relation to a specified matter either generally or in voting on particular resolutions.
(2) The Minister must within 14 days after a declaration under subclause (1) is made cause a copy of the declaration to be laid before each House of Parliament.
[Schedules 2 and 3 deleted: No. 37 of 2011 s. 54.]
This is a compilation of the School Curriculum and Standards Authority Act 1997 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.
Compilation table
Short title
Number and year
Commencement
Curriculum Council Act 1997 1
s. 1 and 2: 8 Jul 1997;
Act other than s. 1 and 2: 1 Aug 1997 (see s. 2 and Gazette 25 Jul 1997 p. 3907)
1 Jan 2001 (see s. 2 and Gazette 29 Dec 2000 p. 7904)
15 Jul 2001 (see s. 2 and Gazette 29 Jun 2001 p. 3257 and Cwlth Gazette 13 Jul 2001 No. S285)
Labour Relations Reform Act 2002 s. 27
15 Sep 2002 (see s. 2(1) and Gazette 6 Sep 2002 p. 4487)
Reprint 1: The Curriculum Council Act 1997 as at 11 Apr 2003 (includes amendments listed above)
Sentencing Legislation Amendment and Repeal Act 2003 s. 53
15 May 2004 (see s. 2 and Gazette 14 May 2004 p. 1445)
Labour Relations Reform (Consequential Amendments) Regulations 2003 r. 21 published: Gazette 15 Aug 2003 p. 3685-92
15 Sep 2003 (see r. 2)
Acts Amendment (Higher School Leaving Age and Related Provisions) Act 2005 Pt. 3
Financial Legislation Amendment and Repeal Act 2006 s. 4, 5(1) and Sch. 1 cl. 41
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)
Reprint 2: The Curriculum Council Act 1997 as at 13 Apr 2007 (includes amendments listed above)
Training Legislation Amendment and Repeal Act 2008 s. 52
Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 45
Standardisation of Formatting Act 2010 s. 4
11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)
Public Sector Reform Act 2010 s. 89
1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563)
Curriculum Council Amendment Act 2011 Pt. 2
1 Mar 2012 (see s. 2(b) and Gazette 28 Feb 2012 p. 841)
Reprint 3: The School Curriculum and Standards Authority Act 1997 as at 27 Apr 2012 (includes amendments listed above)
School Education Amendment Act 2012 Pt. 3
School Education Amendment Act 2014 Pt. 3
2 Feb 2015 (see s. 2(c) and Gazette 16 Jan 2015 p. 311)
School Curriculum and Standards Authority Amendment Act 2017
s. 1 and 2: 13 Dec 2017 (see s. 2(a));
Act other than s. 1, 2, 7 and 8: 21 Apr 2018 (see s. 2(b) and Gazette 20 Apr 2018 p. 1313);
s. 7 and 8: 5 Dec 2020 (see s. 2(b) and SL 2020/232 cl. 2)
Other notes
1 Now known as the School Curriculum and Standards Authority Act 1997 ; short title changed (see note under s. 1).
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined term Provision(s)
advisory committee 3
aggregated form 12(1), 19A(1)
allowed information 19M(1)
apprentice 19F(1)
assessment 3
assets 37
Authority 3
Board 3, 6(1)
candidates 33(2)
chairperson 3
chief executive officer 3
commencement day 37
committee 3
community kindergarten 3
compulsory education period 3
Council 37
course 3
Curriculum and Assessment Committee 3
document 19(4)
draft report 11(2), 12(1)
Education Department 3
education provider 3
educational programme 19A(1)
employed 19F(1)
exempt child 19A(1)
final years of compulsory education 19A(1)
first year of the relevant education period 19C(1)
former Council 19I(2A)
governing body 3
home education 3
information 19(4)
liability 37
member 3
member of staff 3
Minister 19A(1)
overseas student 19B(1)
parent 19J(1A)
personal information 32B(1)
principal 19A(1)
provider 19A(1), 19A(2)
relevant governing body 12(1)
relevant information 32B(1)
relevant officials 50(1)
research involving students 3
right 37
school 3, 19A(1)
School Education Act 3
school system 3
school years 3
Standards Committee 3
standards of student achievement 3
State tax 46(1)
student 3, 19A(1)
student record 19A(1), 19J(1A)
transitional regulations 51(1)
vocational education and training 3
wellbeing 3
