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Legislative Assembly for the ACT: 2004 Week 04 Hansard (Tuesday, 30 March 2004) . . Page.. 1351 ..

these amendments are about. There is, however, a position on the council for one member to be chosen from the non-Catholic independent schools. My understanding is that the Independent Schools Association includes some Catholic schools on the one hand and the Catholic education system on the other. So I do not see that there is a need to include another person on the council to ensure that both groups are represented. Arguably, subclause 2 (b) could simply be amended by taking out the word “non-Catholic”. If not, I would say it is quite workable as it is.

Amendments negatived.

Clause 108 agreed to.

Clauses 109 to 120, by leave, taken together and agreed to.

Clause 121.

MR PRATT (9.09): I move amendment No 23 circulated in my name [see schedule 3 at page 1376]. Mr Speaker, this amendment requires that the authorised person entering a non-government school for inspection gives the school’s principal reasonable notice of their visit; and gives reasons why the authorised person is going to inspect the school. This seems to me a sensible mechanism to have in place. In fact, it goes to the heart of respecting the integrity of any school. I would put the amendment to members for their consideration.

MS GALLAGHER (Minister for Education, Youth and Family Services, Minister for Women and Minister for Industrial Relations) (9.10): The government will not be supporting this amendment. Clause 121 provides that the inspection powers of the bill are kept to a minimum necessary to ensure compliance.

The issue of the degree of notice for inspections can be better addressed in guidelines rather than in the legislation. However, I would also importantly like to say that proper checks on meeting registration requirements and other necessary compliance with the act could be compromised if notice is required to be given in advance in certain instances. For example, the evidence may disappear once notice is given in respect of particular issues. In some circumstances an unfettered inspection regime needs to be preserved if safety obligations are to be met and school enrolment records are to be properly maintained.

MS TUCKER (9.11): We will not be supporting this amendment. In this bill the powers of an authorised person in regard to the inspection of non-government schools is the same as the powers to inspect government schools. I take it that it is generally agreed that there is, on occasions, a value in making an inspection of the school without notice. If that is a reasonable power in regard to government schools then it ought to also apply to other schools registered with the ACT education department and in receipt of government funding.

Amendment negatived.

Clause 121 agreed to.

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