Legislative Council Fifty-First Parliament, Second Session (51-2) 51 2 Parliament of South Australia Legislative Council published Bills Senior Secondary Assessment Board of South Australia (Review) Amendment Bill SENIOR SECONDARY ASSESSMENT BOARD OF SOUTH AUSTRALIA (REVIEW) AMENDMENT BILL Introduction and First Reading Introduction and First Reading Received from the House of Assembly and read a first time. Second Reading Second Reading The Hon. P. HOLLOWAY Legislative Council Minister for Police, Minister for Mineral Resources Development, Minister for Urban Development and Planning The Hon. P. HOLLOWAY (Minister for Police, Minister for Mineral Resources Development, Minister for Urban Development and Planning) (17:59): I move: That this bill be now read a second time. I seek leave to have the second reading explanation inserted in Hansard without my reading it. Leave granted. The Senior Secondary Assessment Board of South Australia (Review) Amendment Bill 2007 will provide necessary amendments to the Senior Secondary Assessment Board of South Australia Act 1983, allowing for a modern board and enhanced systems to enable the introduction of the future South Australian Certificate of Education (SACE). This Bill is the next step in the Rann Government’s measures to reform and revitalise education and children’s services across the State and the legislation that underpins those services. The reforms stem from research and extensive consultation undertaken as part of the review of the SACE and an independent examination of the current Act. This independent review of the Act considered the relevant issues raised in the SACE review report and examined comparable legislation in other Australian jurisdictions. The formation of a SACE Board within a new legislative framework will be the key driver in the reinvigoration of the South Australian Certificate of Education, to which the State Government has committed $54.5m. This Bill provides further evidence of this Government’s continued commitment to strengthening the opportunities, skills, knowledge and values of every child through the provision of quality services. We need a firm legislative base, which is relevant for today and flexible enough to provide for the future needs of South Australia’s young people. The Bill adds to the list of improvements to education and care instituted by the Rann Government—we established the Teachers Registration and Standards Act 2004, we are again increasing the leaving age and over the next eighteen months will be consulting on, and introducing, further legislation which will enable and sustain a high quality education and care system. The implementation of the provisions within this Bill, together with the future SACE, will build on the best of the current certificate and the outstanding contribution of the Senior Secondary Assessment Board of South Australia (SSABSA). The Act, when amended, will consolidate and make clear the vital partnership between the Board that oversees the SACE, the education sectors that deliver it and the responsible Minister. This Bill articulates our mutual responsibilities and our commitment to the community and our senior secondary students. This Bill will underpin a new SACE which will be more responsive to the learning needs of all young people while maintaining high standards expected by the community. The future SACE, underpinned by this Bill, will give formal recognition to a wider range of learning achievements than has hitherto been possible, and provide a greater level of flexibility so that schools can better respond to the learning needs of all students. The future SACE will equip students with a solid foundation in literacy and numeracy, provide a plan for future career development and participation and allow all students an opportunity to gain the knowledge and capabilities they will require to contribute as citizens of South Australia. This legislation embeds these ideals in its Principles and will ensure they are given effect, to the benefit of all young people in South Australia, through the establishment of an expert SACE Board with enhanced functions and responsibilities. The planned reforms will also support the Government’s aim of seeing all 17 year olds achieving to their full potential through full-time education, training or work. The new SACE Board appointed under this legislation will be charged with overseeing the accreditation of the future SACE and ensuring its continued international and national credibility, its relevance and rigor. The Board will make sure that the right systems are in place and the principals of equity and excellence are followed so that completion of the SACE or an equivalent qualification will give all young people a passport to achieve their potential and create a sustainable future for South Australia. The proposed changes to the Act take into account not only a wide range of views from teachers, parents, young people and the business community, gathered during the SACE review and subsequent review of the Act, but also the views of the community and key stakeholders sought through the release of the discussion paper for public comment and targeted consultations on the draft Bill. Valuable input has been received from educators, community members, Parent and Professional Associations, the Catholic and Independent schooling sectors, the Independent Education Union, the Australian Education Union, South Australian Universities and the SSABSA Board in shaping this legislation. Key features of the Bill include: the inclusion of core principles which underpin the operation of the Act and the Board; renaming the Board as the SACE Board of South Australia, which reflects the new focus of the Board; nomination by the Minister of a strategic expert Board of 11 members who together have relevant abilities, knowledge, skills and experience to carry out the functions required, while seeking to achieve a gender balance; a requirement that at least four Board members have specific knowledge and expertise in relation to the provision of senior secondary education, one of whom is currently or recently engaged in provision of senior secondary education; a requirement that the Minister call for expressions of interest and canvas the views of listed key stakeholders in nominating Board members; sharpening and strengthening the Board’s powers and functions to accredit a wide range of learning achievements toward the SACE, consistent with the principles of the Act and the Government’s directions for the education of all young people, as outlined earlier; provisions that require and enable the SACE Board to work collaboratively and cooperatively with the schooling sectors and the responsible Minister, including a limited power of direction; enhanced accountability requirements concerning the Board’s strategic directions, targets and reporting, particularly in relation to consultation processes; transitional provisions that support smooth implementation of the changes while preserving employment entitlements for the existing SSABSA Chief Executive Officer and staff. The Government has made a public commitment that the proposed changes will be implemented with minimal disruption to students and staff. Parliamentary consideration and passage of the Bill at this time will enable the smooth transition. This will allow the new SACE Board to be appointed and take and promulgate important decisions around requirements of the future SACE, in time for its introduction from the beginning of 2009. As Members would be aware, this timeframe also coincides with the operation of amendments to the Education Act 1972 which will ensure that all 16 year olds are participating in full-time education or training until they turn 17. I am confident that the education and wider community want strong and sound governance for the future SACE and this Bill, which I commend to Members, delivers just that. Explanation of Clauses Part 1—Preliminary 1—Short title This clause is formal. 2—Commencement The measure will be brought into operation by proclamation. 3—Amendment provisions This clause is formal. Part 2—Amendment of Senior Secondary Assessment Board of South Australia Act 1983 4—Amendment of long title The name of the body corporate known as the Senior Secondary Assessment Board of South Australia is to be altered. This is a consequential amendment. 5—Amendment of section 1—Short title The short title of the Act is to be amended in a manner consistent with the proposed change of name of the Board. 6—Amendment of section 4—Interpretation Most of these amendments relate to substantive changes to be made to the Act by other provisions of the Bill. One substantive change under this clause is that the employing authority will be designated, at first instance, by the Act and the person so designated is to be the Chief Executive Officer of the Board. Another amendment will make specific provision for references to the South Australian Certificate of Education. 7—Insertion of section 5 It is proposed to incorporate a number of principles that are to be applied in connection with the operation of the Act. These principles are proposed to be as follows: (a)	all young people are to be encouraged to obtain a formal education qualification that helps them to live and participate successfully in the world as it constantly changes, after taking into account their goals and abilities; (b)	it is recognised— (i)	that young people acquire skills, values and knowledge associated with their education through their individual endeavours and through a range of learning experiences and in a variety of situations that may include, as well as schools, workplaces and training and community organisations; and (ii)	that young people require a range of skills and knowledge, including literacy and numeracy skills, to assist them to succeed in the wider community; (c)	the qualification that is awarded by the Board should— (i)	acknowledge the skills and knowledge that have been acquired through formal education and training and other learning processes; and (ii)	reflect rigorous standards and community expectations; and (iii)	be consistent with an appropriate Australian qualification framework; (d)	cooperation and collaboration between the Board, the school education sectors and the Minister are to be recognised as fundamental elements to achieving the best outcomes for students seeking to qualify for the SACE. 8—Substitution of heading to Part 2 This clause is consequential. 9—Amendment of section 7—The Board The body corporate known as the Senior Secondary Assessment Board of South Australia is to continue in existence as the SACE Board of South Australia. 10—Substitution of sections 8 and 9 The membership of the Board is to consist of the Chief Executive Officer (ex officio) and 11 other members appointed by the Governor on the nomination of the Minister. The Minister will be required to seek to ensure that the membership of the Board comprises persons who— (a)	together provide a broad range of backgrounds that are relevant to the activities and interests of the Board; and (b)	together have the abilities, knowledge and experience necessary to enable the Board to carry out its functions effectively. In addition— (a)	at least 4 of the appointed members of the Board must have specific knowledge and expertise in relation to the provision of senior secondary education and, of these members, at least 1 must be a person who is currently engaged, or who has recently been engaged, in the provision of senior secondary education; and (b)	the Minister must seek to achieve a reasonable gender balance in the membership of the Board. 11—Amendment of section 9A—Chief Executive Officer The position of Chief Executive Officer of the Board is to continue. The Chief Executive Officer is now to be appointed by the Governor on the recommendation of the Minister on terms and conditions approved by the Premier. 12—Amendment of section 10—Procedures etc of Board The Chief Executive Officer will be a non voting member of the Board. It will now be possible for the members of the Board to meet by a conference conducted by telephone or other electronic means, and to make resolutions by decisions communicated in various ways, including e mail. 13—Amendment of section 12—Delegation The Board is to be given greater flexibility in making delegations. 14—Amendment of section 15—Functions of Board The functions of the Board are to be revised. A key function will be to establish the SACE qualification to be awarded by the Board under the Act. The Board will be expressly required to consult with the Minister and the school sectors on the development and review of courses and subjects. 15—Amendment of section 16—Powers of Board This amendment will make it clear that the Board can act outside the State. 16—Insertion of section 17A It is proposed to make provision for the ability of the Minister to give a direction to the Board about a matter relevant to the performance or exercise of a function or power of the Board. However, the Minister will not be able to give a direction— (a)	in relation to the content or accreditation of any subject or course under the Act; or (b)	in relation to the assessment of, or recording the results of, a student's achievements or learning. A direction will be in writing and a report on any direction will need to be tabled in Parliament. 17—Substitution of section 19 The Minister will be able to request the Board to provide a statement setting out the Board's strategic directions and targets, and to provide its budget. 18—Amendment of section 20—Report The Board's annual report will be required to include a specific report on the consultation processes established or used by the Board in connection with the performance of its functions under the Act. 19—Amendment of section 23—Regulations It will be important to be able to have a mechanism to ensure that transitional issues associated with amendments to the Act can be addressed. Such mechanisms will be set out in the regulations. 20—Insertion of Schedule 1 This amendment will establish the designated entities for the purposes of the Act. Schedule 1—Transitional provisions This Schedule makes specific provision on account of changes to the composition of the Board, and to guarantee continuity of employment for the Chief Executive Officer and the staff of the Board. Debate adjourned on the motion of the Hon. D.W. Ridgway. [Sitting suspended from 18:00 to 19:47]