Education Amendment Bill
The Speaker declared the House in Committee for further consideration of the Education Amendment Bill.
(In the Committee)
Part 1 read again.
Chris Tremain moved, That the question be now put. The Chairperson declined the motion.
Jo Goodhew moved, That the question be now put.
On the question, That the question be now put, the votes were recorded as follows:
Resolved, That the question be now put.
The following amendments were put:
Clause 4:
To insert the following subclause after subclause (2):
(3) Section 2 is amended by inserting the following new subsection after subsection (2):
“(2A) In this Part, and Parts 2 and 3, unless the context otherwise requires, any term that is undefined and has the same meaning as that term has in the Education Act 1964.”
(Grant Robertson)
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
New clause 5A:
To insert the following clause after clause 5:
5A Power of Chief Executive of Ministry of Foreign Affairs and Trade to delegate
Section 4(5) is amended by adding “or any person employed by the Ministry of Foreign Affairs and Trade acting with the delegated authority of and on behalf of the Chief Executive”.
(Grant Robertson)
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
New clause 5B:
To insert the following clause after clause 5:
5B Requirement for Minister to advise House of Representatives of changes to criteria for enrolment in Correspondence School
Section 7(1) is amended by adding the following paragraph after paragraph (c):
“(d) upon making such notice, the Minister must, as soon as reasonably possible, present such notice to the House of Representatives.”
(Grant Robertson)
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
New clause 16A:
To insert the following clause after clause 16:
16A New sections 60AA and 60AAB inserted
The following sections are inserted after section 60:
“60AA Functions of board
“(1) A board must perform the following functions:
“(a) ensuring the enrolment at the school of all persons who are entitled to be enrolled at the school and apply to be enrolled at it:
“(b) ensuring that education is provided to each student enrolled at the school:
“(c) promoting a school environment that supports the highest standards of achievement for all students:
“(d) actively managing and monitoring the performance of the principal:
“(e) ensuring that the performance of the school’s other staff is actively managed and monitored:
“(f) actively managing and reporting on the school’s performance against the aims and objectives set out in the school charter:
“(g) ensuring that the school, including its assets, finances, and property, is managed in a financially responsible manner:
“(h) ensuring the maintenance of proper standards—
“(i) of integrity and conduct appropriate to the board’s status as a Crown entity; and
“(ii) for the safety and wellbeing of all students enrolled at the school:
“(i) any other function imposed on it by or under this Act or any other enactment.
“(2) A board may perform the following functions:
“(a) allowing the school to engage in activities that are incidental and related to, or consequential upon, the board’s functions, other than those functions that are authorised under section 60AAB:
“(b) any function authorised under section 60AAB:
“(c) any other function it is authorised to perform by or under this Act or any other enactment.
“(3) Nothing in this section overrides any provision in this Act or in any other enactment that relates to a particular function of a board.
“60AAB Minister may authorise board functions
“(1) By notice in the Gazette, the Minister may authorise all boards or classes of boards to perform any function or class of functions—
“(a) not otherwise specified in this Act; and
“(b) with any condition on the performance of the function, or class of functions, that the Minister considers is necessary or desirable.
“(2) By written notice to a board, the Minister may authorise it to perform any function—
“(a) that is not otherwise specified in this Act; and
“(b) with any condition on the performance of the function that the Minister considers is necessary or desirable.
“(3) Before issuing a notice under subsection (1), or giving notice to a board under subsection (2), the Minister must consider whether or not the proposed function—
“(a) is associated with educational outcomes that will bring educational benefit to the school or its community, or to any other school; and
“(b) has a community purpose that presents no educational disadvantage to the school; and
“(c) will use or displace resources allocated by the Crown for educational purposes; and
“(d) may involve significant fiscal risk for the Government or significant financial risk for the board or boards, as the case may be; and
“(e) may involve a high level of reputational risk for the Crown or the board; and
“(f) may place unwarranted compliance costs on the board or boards, as the case may be.
“(4) The Minister may from time to time, after reconsidering the matters set out in paragraphs (a) to (f) of subsection (3), amend or revoke,—
“(a) by notice in the Gazette, an authorisation notified under subsection (l); or
“(b) by written notice to a board, an authorisation notified to it under subsection (2).
“(5) A board’s functions authorised under this section must be performed in accordance with the requirements of this Act and any other relevant enactments.”
(Grant Robertson)
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
New clause 20A:
To insert the following clause after clause 20:
20A Guidance and counselling
Section 77(a) is amended by inserting “, including guidance and counselling on career choices and career pathways” after “counselling”.
(Grant Robertson)
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
New clause 60A:
To insert the following clause after clause 60:
60A Exercise of certain powers of Authority
Section 260(7) is amended by omitting “laid before” and substituting “presented to”.
(Grant Robertson)
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
On the question, That Part 1 stand part, the votes were recorded as follows:
Resolved, That Part 1 stand part.
Part 2 read.
At 9.55 pm the Chairperson left the Chair to report progress.
The Speaker resumed the Chair, and the Chairperson reported progress on the Education Amendment Bill.
The report was adopted and the bill set down for further consideration in Committee next sitting day.
