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Australian Curriculum, Assessment and Reporting Authority Bill 2008

Part 6 Other matters

   

40   Information collection, use and disclosure

             (1)  Personal information must not be collected by the Australian Curriculum, Assessment and Reporting Authority unless the collection is necessary for, and directly related to, any of the following purposes:

                     (a)  conducting research relating to the national school curriculum;

                     (b)  assisting government to formulate policies in relation to education matters;

                     (c)  formulating national reports consisting of aggregated data on school performance.

             (2)  The use of personal information collected by the Australian Curriculum, Assessment and Reporting Authority in accordance with subsection (1) or lawfully disclosed to the Australian Curriculum, Assessment and Reporting Authority is taken to be authorised by law for the purposes of Information Privacy Principle 10 in section 14 of the Privacy Act 1988 if the use is necessary for, and directly related to, any of the purposes mentioned in that subsection.

             (3)  The disclosure of personal information by the Australian Curriculum, Assessment and Reporting Authority is taken to be authorised by law for the purposes of Information Privacy Principle 11 in section 14 of the Privacy Act 1988 if:

                     (a)  the disclosure is made to a person or body that is prescribed by the regulations; and

                     (b)  the disclosure is necessary for, and directly related to, the purposes mentioned in subsection (1).

Note:          Paragraph 3 of Information Privacy Principle 11 in section 14 of the Privacy Act 1988 applies to further disclosures of the personal information

41   Delegation

             (1)  The Minister may, by writing, delegate any or all of the Minister’s functions or powers under this Act to:

                     (a)  the Secretary of the Department; or

                     (b)  an SES employee in the Department.

Note:          For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .

             (2)  In performing functions and exercising powers under the delegation, the delegate must comply with any directions of the Minister.

Note:          See sections 34AA to 34A of the Acts Interpretation Act 1901 .

             (3)  The Chair may, by writing, delegate any or all of the Chair’s functions or powers to another member of the Board.

             (4)  In performing functions and exercising powers under the delegation, the delegate must comply with any directions of the Chair.

42   How Ministerial Council gives directions etc.

                   The Ministerial Council is to give a direction, an approval or a refusal for the purposes of a provision of this Act by resolution of the Council passed in accordance with the procedures determined by the Council.

43   Reporting requirements

             (1)  The Chair must prepare and give to the Ministerial Council a report relating to a financial year on or before:

                     (a)  30 September after the end of that year; or

                     (b)  if the Minister specifies a later time—that time.

             (2)  The report must include:

                     (a)  particulars of the activities of the Australian Curriculum, Assessment and Reporting Authority during that financial year to the extent they relate to the Charter; and

                     (b)  if the Ministerial Council gives a direction under subsection 7(1) requiring the report to include any other information relating to the performance of the Australian Curriculum, Assessment and Reporting Authority’s functions—that information.

             (3)  However, information required in a direction under subsection 7(1) must not include any personal information.

44   Review of role and functions

             (1)  The Minister must cause a review of the Australian Curriculum, Assessment and Reporting Authority’s ongoing role and functions to be conducted.

             (2)  The review must:

                     (a)  start 6 years after the commencement of this section; and

                     (b)  be completed within 6 months.

             (3)  The Minister must cause a written report about the review to be prepared.

             (4)  The Minister must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the Minister receives the report.

45   Regulations

                   The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.