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Education Standards Authority Act 2013 No 89
Current version for 1 January 2017 to date (accessed 22 November 2017 at 02:58)
Part 2
Part 2 NSW Education Standards Authority
Division 1 Constitution and management of Authority
4   Constitution of NSW Education Standards Authority
(1)  There is constituted by this Act a body corporate with the corporate name of the NSW Education Standards Authority.
(2)  The Authority is, for the purposes of any Act, a NSW Government agency.
Note.
 See section 13A of the Interpretation Act 1987.
5   Role of Minister
The Authority is subject to the control and direction of the Minister in the exercise of its functions, except in relation to:
(a)  the contents of any advice, report or recommendation it makes to the Minister or any other person or body, or
(b)  its functions under Part 8 of the Education Act 1990.
6   Board of the Authority
(1)  There is to be a Board of the NSW Education Standards Authority.
(2)  The Board is to consist of the following members:
(a)  an independent person appointed by the Minister as the Chairperson of the Board,
(b)  6 persons appointed by the Minister as follows:
(i)  1 from the government school sector, 1 from the Catholic school sector and 1 from the independent school sector,
(ii)  2 from teacher unions,
(iii)  1 from Aboriginal education,
(c)  no less than 4 (but not more than 6) other persons appointed by the Minister with regard to teachers and school leaders, universities, vocational education and training, parents of school children, early childhood education, special education, business acumen and strategic advisory skills,
(d)  the Chief Executive Officer.
(3)  The appointed members are to be persons who, in the opinion of the Minister, together have skills and experience that will assist the Authority in exercising its functions.
(4)  Each member of the Board is to exercise his or her functions as a member in a manner that promotes the objectives of the Authority and the interests of students.
(5)  Of the appointed members other than the Chairperson, one is to be appointed as Deputy Chairperson of the Board in or by the instrument of appointment as a member or in or by some other instrument executed by the Minister.
(6)  An appointed member cannot nominate another person to act on the behalf of the member.
Note.
 See clause 3 of Schedule 1 which provides for the appointment by the Minister of alternate members in certain circumstances.
(7)  Schedule 1 contains provisions relating to the members and procedure of the Board.
7   Role of Board
(1)  The Board has the following functions:
(a)  to determine the general policies and strategic direction of the Authority,
(b)  to oversee the functions of the Authority (including its financial responsibilities),
(c)  to give advice to the Minister on matters relating to the functions of the Authority (including advice on school education standards),
(d)  such other functions as are conferred or imposed on it by or under this or any other Act or law.
(2)  Any decision relating to the functions of the Authority is to be made by or under the authority of the Board.
(3)  Any act, matter or thing done in the name of, or on behalf of, the Authority by or under the authority of the Board is taken to have been done by the Authority.
8   Chief Executive Officer
(1)  The Chief Executive Officer of the Authority is the person who, having regard to any advice of the Chairperson, is employed in the Public Service as the Chief Executive Officer of the Authority.
(2)  The Chief Executive Officer is responsible for the day to day management of the activities of the Authority.
(3)  The Chief Executive Officer is, on the request of the Minister or on the Chief Executive Officer’s own initiative, to report to the Minister on matters relating to the activities of the Authority.
9   Staff of Authority
Persons may be employed in the Public Service to enable the Authority to exercise its functions.
Note.
 Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the Authority makes use of) may be referred to as officers or employees, or members of staff, of the Authority. Section 47A of the Constitution Act 1902 precludes the Authority from employing staff.
Division 2 Objectives and functions of Authority
10   Charter and annual Statement of Expectations
(1)  The Authority is to have a charter, prepared by the Board and approved by the Minister, outlining its key responsibilities and objectives.
(2)  The Minister may, in a Statement of Expectations issued annually to the Authority, determine priorities in relation to the exercise by the Authority of its functions.
(3)  This section does not affect the operation of the Annual Reports (Statutory Bodies) Act 1984.
11   Principal objectives of Authority
(1)  The principal objectives of the Authority are as follows:
(a)  to provide strategic leadership in improving standards of school education,
(b)  to promote an evidence-based approach in improving standards of school education,
(c)  to ensure that each of the following matters under the education and teaching legislation is developed, applied and monitored in a way that improves student learning while maintaining flexibility across the entire school education and teaching sector:
(i)  the school curriculum,
(ii)  forms of assessment,
(iii)  regulatory standards for schools,
(iv)  teaching quality and professional standards.
(2)  This section does not limit any of the other objectives of the Authority outlined in its charter.
12   Functions of Authority
(1)  The Authority has the functions conferred or imposed on it by or under:
(a)  the education and teaching legislation, or
(b)  any other legislation.
(2)  In particular, the Authority has functions under the education and teaching legislation in relation to the following:
(a)  the school curriculum for primary and secondary school children,
(b)  the approval of initial and continuing teacher education courses and programs that are relevant to the accreditation of persons under the Teacher Accreditation Act 2004,
(c)  the accreditation of teachers and the monitoring of the accreditation process across all schools and early childhood education centres under that Act,
(d)  basic skills testing,
(e)  the granting of Records of School Achievement and Higher School Certificates,
(f)  the registration and accreditation of schools,
(g)  the approval of providers of courses at schools to overseas students,
(h)  the development, content and application of professional teaching standards,
(i)  reporting and advising on matters relating to the Authority’s functions.
12A   Conduct of reviews
(1)  The Authority may, subject to any direction by the Minister, conduct a review into any matter arising under the education and teaching legislation.
(2)  For the purposes of conducting any such review, the Authority may request a person or body to provide such information as the Authority reasonably requires.
12B   Delegation of functions
(1)  The Authority may delegate to an authorised person or body any of its functions under the education and teaching legislation, other than this power of delegation.
(2)  In this section:
authorised person or body means any of the following:
(a)  an appointed member,
(b)  the Chief Executive Officer,
(c)  a member of staff of the Authority,
(d)  a committee of the Board or subcommittee of a committee,
(e)  a member of any such committee or subcommittee,
(f)  a person or body, or a person or body of a class, prescribed by the regulations.
12C   Committees of the Board
(1)  The Board may, with the approval of the Minister, establish committees:
(a)  to give advice or assistance to the Board in connection with any particular matter or function of the Board, or
(b)  for the purposes of enabling the functions of the Authority to be delegated to any such committee.
Note.
 In addition to any committee established under this section, the Quality Teaching Committee is established under the Teacher Accreditation Act 2004 as a committee of the Board.
(2)  The Board is not to appoint a person as a member of a committee established under subsection (1) unless the Board is of the opinion that the person has appropriate expertise to make a valuable contribution to the committee. In appointing persons as members of a committee, the Board is to have regard to an appropriate mix of skills, knowledge and experience.
(3)  A committee of the Board that is exercising a delegated function of the Authority must, unless the Minister determines otherwise, be chaired by an appointed member. It does not matter that some or all of the other members of the committee are not appointed members of the Board.
(4)  A person cannot at any one time be the chairperson of more than 2 committees of the Board.
(5)  The procedure for the calling of meetings of a committee of the Board and for the conduct of business at those meetings is to be as determined by the Board or (subject to any determination of the Board) by the committee.
12D   Subcommittees
(1)  Any committee of the Board may establish subcommittees to assist the committee in connection with the exercise of any of its functions.
(2)  A subcommittee of a committee of the Board need not include a member of the committee.
(3)  The procedure for the calling of meetings of a subcommittee of a committee of the Board and for the conduct of business at those meetings is to be as determined by the committee or (subject to any determination of the committee) by the subcommittee.