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2010-2011-2012 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES

EXPOSURE DRAFT
This is a limited circulation exposure draft. It is supplied in confidence and should be given appropriate protection.

Australian Education Bill 2012 No. , 2012

(Education, Employment and Workplace Relations)

A Bill for an Act in relation to school education and reforms relating to school education, and for related purposes

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Contents
Part 1Preliminary
1 2 3 4 3 Short title ........................................................................................... 3 Commencement ................................................................................. 3 Objects of this Act ............................................................................. 3 Definitions ......................................................................................... 3

Part 2Improving the performance of schools and school students

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5 Improving the performance of schools and school students .............. 5 Developing a national plan ................................................................ 5 Reform directions for the national plan ............................................. 5 Developing benchmarks and implementing arrangements ................ 7 School funding .................................................................................. 7 8 Act does not create legally enforceable obligations etc. .................... 8 Regulations ........................................................................................ 8

Part 3Miscellaneous
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A Bill for an Act in relation to school education and reforms relating to school education, and for related purposes
Preamble
The Parliament of Australia acknowledges the following matters. All school students in all schools are entitled to an excellent education, allowing the student to reach his or her full potential. Australias school system will enable school students to learn successfully and to engage actively with society in a confident and creative manner as informed citizens.

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Section 1
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A school students quality of education should not be limited by where the student lives, the income of his or her family, the school he or she attends, or his or her personal circumstances. The quality of schooling a school can offer should not be limited by its size or location. In particular, there should not be any disparity in the educational outcomes of school students in regional Australia. A high quality and high equity schooling system is essential to create a highly skilled and successful workforce and national economy, and to increase productivity, leading to greater prosperity for all. A high quality and high equity schooling system is also essential in assisting Australian school students to engage with Australias region, and the languages and cultures of the region. Through this engagement, Australia can maximise economic, cultural and social opportunities in the region. If Australia is to be a prosperous nation in the 21st Century, with a high standard of living, the performance of Australias schools, and Australian school students, must continuously improve. Schools will also recognise the opportunities offered through digital education, including new ways of engaging with teaching and learning. In particular, the performance of Australias schools and school students must be competitive when compared with other countries in the world and in Australias region. The importance of the broader school community in supporting school students will be recognised. Partnerships between teachers, parents and families, and businesses, are necessary to create opportunities for school students in employment, further education and training. The Australian Government will put in place arrangements to support, and improve the performance of, schools and school students.

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Preliminary Part 1

Section 1
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Those arrangements will be based on the needs of schools and school students, and evidence of how to provide the best possible education for Australian school students.

The Parliament of Australia enacts: Part 1Preliminary

1 Short title
This Act may be cited as the Australian Education Act 2012.

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2 Commencement
This Act commences on 1 January 2014.

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3 Objects of this Act

The objects of this Act are: (a) to acknowledge the matters referred to in the Preamble; and (b) to set out the following goals for the Australian schooling system to address those matters: (i) for the Australian schooling system to provide the best possible education for Australian school students; (ii) for the Australian schooling system to be highly equitable; (iii) for Australia to be ranked, by 2025, as one of the top 5 highest performing countries based on the performance of Australian school students in reading, mathematics and science, and based on the quality and equity of the Australian schooling system.

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4 Definitions
In this Act:

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Part 1 Preliminary

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government school means a school in a State or Territory that is conducted by, or on behalf of, the Government of the State or Territory. non-government education authority means an authority that is associated with the operation of a non-government school and is not an authority of the Government of a State or Territory. non-government school means a school in a State or Territory: (a) that is not conducted by, or on behalf of, the Government of a State or Territory; and (b) that is not conducted for profit. school includes: (a) a government school; and (b) a non-government school; and (c) a proposed school; but does not include a school at which education is provided at a standard (however described) that is pre-school standard only.

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Improving the performance of schools and school students Part 2

Section 5
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Part 2Improving the performance of schools and school students

5 Improving the performance of schools and school students
This Part sets out how the Commonwealth will address the matters referred to in the Preamble, and achieve the goals referred to in paragraph 3(b).

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6 Developing a national plan

The Commonwealth will work with the Governments of the States and Territories, and non-government education authorities, to develop, and implement, a national plan to: (a) improve school performance and the educational outcomes of school students; and (b) drive continuous school improvement; and (c) ensure that school students engage with Asia; by addressing the reform directions set out in section 7.
Note: States and Territories, and non-government education authorities, that agree to implement the national plan will be provided with school funding in accordance with section 9.

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7 Reform directions for the national plan

Quality teaching (1) All teachers will have the skills, and support they require, to deliver teaching of a high quality to all of their school students. Teaching methods will: (a) reflect rigorous professional standards and best practice; and (b) be influenced by evidence of successful teaching methods. Quality learning (2) Each school system and each school will provide a high quality educational experience with an environment and curriculum that

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Part 2 Improving the performance of schools and school students

Section 7
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supports school students and assists them to reach their full potential. (3) Every school student will have significant exposure to studies relating to Asia across the curriculum to increase their cultural knowledge and skills, and enable them to be an active participant in Australias region. Empowered school leadership (4) Leaders in schools will have the resources and the skills, and will have greater power to make decisions, to implement strategies to obtain the best outcomes for their schools and school students. Transparency and accountability (5) Support will be provided to schools to find ways to improve continuously by: (a) analysing and applying data on the educational outcomes of school students (including outcomes relating to the academic performance, attendance, behaviour, and wellbeing, of school students); and (b) making schools accountable in relation to their performance and the performance of their school students. (6) Data collected on schools and school students will: (a) be of a higher quality; and (b) contain more detail; and (c) be more consistent; and (d) be more available to the public; than data currently collected on schools and school students. Meeting student need (7) Each school system and each school will place a high priority on: (a) identifying and addressing the needs of each school student (including needs relating to learning and the wellbeing of school students); and (b) providing additional support to school students who require it.

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Improving the performance of schools and school students Part 2

Section 8
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8 Developing benchmarks and implementing arrangements

The Commonwealth will work with the Governments of the States and Territories, and non-government education authorities, to do the following: (a) to develop benchmarks for assessing school performance; (b) to implement arrangements to support the following: (i) increased transparency within schools; (ii) monitoring school performance; (iii) gathering and promulgating research to education authorities and schools about the most effective methods of improving school performance.

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9 School funding
For any State or Territory, or non-government education authority, that reaches agreement with the Commonwealth on its implementation of the national plan referred to in section 6, the Commonwealth will provide funding for schools or school systems, through grants of financial assistance to States and Territories, based upon the following principles: (a) every school student will have the same opportunity to have the best possible education; (b) every school will be funded according to a formula that accounts for the costs of providing a high quality education; (c) every school will be funded in recognition of the characteristics of the school students at that school, with any educational disadvantage that is associated with any of the following circumstances to be recognised and addressed through providing additional funding in the form of loadings: (i) having a disability; (ii) being an Aboriginal person or a Torres Strait Islander; (iii) having a low socioeconomic status; (iv) not being proficient in English as a result of the ethnic background or immigration status of the student or the students family; (v) the size of the students school; (vi) the location of the students school.

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Part 3 Miscellaneous

Section 10
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Part 3Miscellaneous
10 Act does not create legally enforceable obligations etc.
(1) This Act does not create rights or duties that are legally enforceable in judicial or other proceedings. (2) A failure to comply with this Act does not affect the validity of any decision, and is not a ground for the review or challenge of any decision.

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11 Regulations
The Governor-General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

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