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Australian Curriculum, Assessment and Reporting Authority Bill 2008

Part 2 Australian Curriculum, Assessment and Reporting Authority

   

5   Establishment

             (1)  The Australian Curriculum, Assessment and Reporting Authority is established by this section.

             (2)  The Australian Curriculum, Assessment and Reporting Authority:

                     (a)  is a body corporate; and

                     (b)  must have a seal; and

                     (c)  may acquire, hold and dispose of real and personal property; and

                     (d)  may sue and be sued.

Note:          The Commonwealth Authorities and Companies Act 1997 applies to the Australian Curriculum, Assessment and Reporting Authority. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

             (3)  The seal of the Australian Curriculum, Assessment and Reporting Authority is to be kept in such custody as the Board directs, and is not to be used except as authorised by the Board.

             (4)  All courts, judges and persons acting judicially must:

                     (a)  take judicial notice of the imprint of the seal of the Australian Curriculum, Assessment and Reporting Authority appearing on a document; and

                     (b)  presume that the document was duly sealed.

6   Functions

                   The functions of the Australian Curriculum, Assessment and Reporting Authority are to:

                     (a)  develop and administer a national school curriculum, including content of the curriculum and achievement standards, for school subjects specified in the Charter; and

                     (b)  develop and administer national assessments; and

                     (c)  collect, manage and analyse student assessment data and other data relating to schools and comparative school performance; and

                     (d)  facilitate information sharing arrangements between Australian government bodies in relation to the collection, management and analysis of school data; and

                     (e)  publish information relating to school education, including information relating to comparative school performance; and

                      (f)  provide school curriculum resource services, educational research services and other related services; and

                     (g)  provide information, resources, support and guidance to the teaching profession; and

                     (h)  perform such other functions that are conferred on it by, or under, this Act or any other Commonwealth Act; and

                      (i)  perform such other functions that are ancillary or incidental to the functions mentioned in the preceding paragraphs.

7   Considerations governing the performance of functions

             (1)  The Australian Curriculum, Assessment and Reporting Authority must perform its functions and exercise its powers in accordance with any directions given to it by the Ministerial Council in writing.

Note:          For how directions are given see: section 42. For directions relating to reporting requirements see: subsection 43(3).

             (2)  Directions under subsection (1) must not be inconsistent with:

                     (a)  this Act or the regulations under this Act; or

                     (b)  the Commonwealth Authorities and Companies Act 1997 , or regulations or instruments made under that Act.

             (3)  The Australian Curriculum, Assessment and Reporting Authority must also perform its functions and exercise its powers in accordance with the Charter.

             (4)  A direction given by the Ministerial Council under subsection (1) is not a legislative instrument.

             (5)  If the Charter is determined by the Ministerial Council in writing, the Charter is not a legislative instrument.

8   Powers

             (1)  The Australian Curriculum, Assessment and Reporting Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

             (2)  The Australian Curriculum, Assessment and Reporting Authority’s powers include, but are not limited to, the following powers:

                     (a)  to enter into contracts;

                     (b)  to accept gifts, devises, bequests and assignments (whether on trust or otherwise);

                     (c)  to do anything incidental to any of its functions.

9   Charging of fees

             (1)  The Australian Curriculum, Assessment and Reporting Authority may charge fees for things done in performing its functions.

             (2)  A fee must not be such as to amount to taxation.

10   Privileges and immunities of the Crown

                   The Australian Curriculum, Assessment and Reporting Authority does not have the privileges and immunities of the Crown in right of the Commonwealth.