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Education Standards Authority Act 2013 No 89
Current version for 1 January 2017 to date (accessed 20 September 2017 at 21:10)
Part 4
Part 4 Miscellaneous
15   Education Standards Authority Fund
(1)  There is to be established in the Special Deposits Account the Education Standards Authority Fund (the Fund) into which is to be paid:
(a)  the fees and charges payable to the Authority under the Teacher Accreditation Act 2004, and
(b)  any money appropriated by Parliament for the purposes of the Authority, and
(c)  the proceeds of any property acquired by the Authority under section 19, and
(d)  any other money required by or under this or any other Act to be paid into the Fund.
(2)  There is to be paid from the Fund:
(a)  all amounts required to meet expenditure incurred by the Authority in exercising its functions and in the administration of the education and teaching legislation, and
(b)  any allowances paid to members of the Quality Teaching Committee established under the Teacher Accreditation Act 2004, and
(c)  any amount authorised by the Minister to be paid from the Fund, and
(d)  all other payments required by or under this or any other Act to be paid from the Fund.
(3)  Despite subsection (2), money held in the Fund that consists of the fees and charges paid to the Authority under the Teacher Accreditation Act 2004 is to be applied only for the purposes of meeting costs incurred by the Authority in connection with the accreditation of teachers under that Act and in monitoring, maintaining and developing teacher quality.
(4)  The Authority may invest money in the Fund:
(a)  in such manner as may be authorised by the Public Authorities (Financial Arrangements) Act 1987, or
(b)  if that Act does not confer power to invest money held by the Authority, in accordance with and subject to the Trustee Act 1925 and in any other manner approved by the Minister with the concurrence of the Treasurer.
16   Exchange of information
(1)  The Authority may enter into an arrangement (an information sharing arrangement) with a relevant agency for the purposes of sharing or exchanging any information that is held by the Authority or the agency.
(2)  The information to which an information sharing arrangement may relate is limited to the following:
(a)  any information that assists in the exercise of the functions of the Minister or Authority under the education and teaching legislation or of the relevant agency concerned,
(b)  data relating to the teaching workforce,
(c)  research on issues relating to teacher quality.
(3)  Under an information sharing arrangement, the Authority and the relevant agency are, despite any other Act or law of the State, authorised:
(a)  to request and receive information that is held by the other party to the arrangement, and
(b)  to disclose that information to the other party.
(4)  This section does not limit the operation of section 83S of the Education Act 1990 or section 18 (3) of the Teacher Accreditation Act 2004.
(5)  In this section:
relevant agency means any of the following:
(a)  the Department of Education or any other Public Service agency,
(b)  a teacher accreditation authority under the Teacher Accreditation Act 2004,
(c)  a university or other tertiary institution,
(d)  a government agency of the Commonwealth or of another State or Territory with functions similar or related to those of the Authority,
(e)  any other person or body prescribed by the regulations.
17   False or misleading applications etc
(1)  A person must not, in any official document, make a statement that the person knows, or could reasonably be expected to know:
(a)  is false or misleading in a material respect, or
(b)  omits material matter.
Maximum penalty: 50 penalty units.
(2)  In this section:
official document means any application, instrument or other document that is, for the purposes of the education and teaching legislation, given to or lodged with the Minister or the Authority.
18   Protection from personal liability
Anything done or omitted to be done by a person who is:
(a)  a member of the Board or of a committee of the Board, or
(b)  a member of staff of the Authority, or
(c)  acting under the direction of the Authority,
in exercising functions conferred or imposed on the person by or under the education and teaching legislation, or in the course of the administration of that legislation, does not, if it was done or omitted to be done in good faith, subject the person personally to any action, liability, claim or demand.
19   Authority may accept gifts, devises or bequests
(1)  The Authority may acquire by gift, devise or bequest any property for the purposes of the education and teacher legislation.
(2)  The Authority may agree to the condition to which any such gift, devise or bequest is subject.
(3)  The rule of law relating to perpetuities does not apply to any condition to which the Authority has agreed under this section.
20   Service of documents
(1)  A document that is authorised or required by the education and teaching legislation to be served on any person may be served by any of the following methods:
(a)  in the case of an individual—by personal delivery to the person,
(b)  by post to the address specified by the person for the service of documents of that kind,
(c)  in the case of an individual who has not specified such an address—by post to the residential or business address of the person last known to the person serving the document,
(d)  in the case of a corporation—by post to the registered office or any other office of the corporation or by leaving it at any such office with a person apparently over the age of 16 years,
(e)  by email to an email address specified by the person for the service of documents of that kind,
(f)  by any other method authorised by the regulations for the service of documents of that kind.
(2)  A document may be served on the Authority by any of the following methods:
(a)  by post to the address specified by the Authority for the service of documents of that kind,
(b)  by post to an office of the Authority or by leaving it at any such office with a person apparently over the age of 16 years,
(c)  by email to an email address specified by the Authority for the service of documents of that kind,
(d)  by any other method authorised by the regulations for the service of documents of that kind.
(3)  Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on a person or the Authority by any other method.
(4)  In this section, serve includes give or send.
21   (Repealed)
22   Nature of proceedings for offences
Proceedings for an offence under this Act may be dealt with summarily before the Local Court.
23   Penalty notices
(1)  A member of staff of the Authority authorised in writing by the Authority may issue a penalty notice to a person if it appears to the member of staff that the person has committed a penalty notice offence.
(2)  A penalty notice offence is an offence under the education and teaching legislation that is prescribed by the regulations as a penalty notice offence.
(3)  The Fines Act 1996 applies to a penalty notice issued under this section.
Note.
 The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.
(4)  The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations.
(5)  This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
24   Regulations
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
25   Rules of Authority
(1)  The Authority may make rules, not inconsistent with the education and teaching legislation, for or with respect to the exercise of any of its functions or any other matter that is required or permitted to be prescribed under that legislation by the rules.
(2)  Without limiting subsection (1), the rules may:
(a)  set out guidelines with respect to the requirements for registration, approval and accreditation under the education and teaching legislation, and
(b)  make provision for or with respect to the conduct of proceedings of committees of the Board of the Authority or of subcommittees of such committees.
(3)  A rule does not take effect unless approved by the Minister.
(4)  A rule is to be published on the Authority’s website and takes effect on the date of publication or a later date specified in the rule.
(5)  A copy of each rule must be available for public inspection at the Authority’s office during business hours.
25A   Delegation of Minister’s functions
The Minister may delegate to any person or body any function conferred or imposed on the Minister by or under this Act, other than this power of delegation or the following:
(a)  the appointment of members of the Board,
(b)  the issuing of a Statement of Expectations under section 10.
26   Review of Act
(1)  The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2)  The review is to be undertaken as soon as possible after the period of 5 years from the commencement of this Act.
(3)  A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.