AGY-93 | Board of Studies

Full description

The Education Reform Act, 1990 (Act No.8, 1990) dissolved the Board of Secondary Education and constituted the New South Wales Board of Studies. The Board was constituted on 8 June 1990. (1)

The Board consisted of: the President (appointed by the Governor on a full time basis); three ex-officio members - the Director-General of School Education, the Director General of Technical Education (later known as the Managing Director of the TAFE Commission (TAFE NSW)), Executive Director of the Ministry of Education and Youth Affairs or their nominees; and nineteen appointed members representing teachers and parents in both government and independent schools teachers’ industrial organisations, a person with knowledge in early childhood education, an Aboriginal person with knowledge in the education of Aboriginal people; and six nominees of the Minister whose qualifications or experience should enable them to contribute to the business of the Board. (2)

The Board of Studies had a range of responsibilities of relating to both primary and secondary education including the following:

• developing the curriculum for all schools from Kindergarten to Year 12;
• developing and conducting examinations leading to the award of the School Certificate and Higher School Certificate;
• providing information relating to the curricula for the major certificates; advising the Minister for Education and Training on applicants from non – government schools seeking to operate in New South Wales;
• granting permission for non-government schools to present candidates for the School Certificate and Higher School Certificate;
• recognition of qualifications obtained outside NSW;
• monitoring the application of its policies by the inspections of schools;
• developing resources for the teaching of aboriginal studies;
• advising the Minister particularly in regard to curricula and in other area in which the Minister requests its advice. (3)

The Board could appoint any committees, it considered “appropriate to assist it in the exercise of its functions”. The “membership and procedure of a committee of the Board” was “determined by the Board”. (4)

On 6 April 1995, the Office of the Board of Studies was established as an administrative office responsible to the Minister for Education and Training. (5) This followed the abolition of the Ministry of Education and Youth Affairs. (6)

On 19 December 1997 the Education Reform Amendment Act 1997 (Act No.27, 1997) changed the name of the Education Reform Act to the Education Act 1990. Other amendments to the governance of the Board included: allowing appointment of the President to “on a full time or part-time basis”; enabling the Minister to “appoint an acting President of the Board”; enabling the President to appoint “committees of the Board with the approval of the Minister and the Board” and to also “determine the procedure of such a committee”. Membership of the Board was also to include members who had “professional experience or demonstrated interest in gender issues in education”. This amendment replaced “a similar requirement that members of the Board include members that have professional experience or demonstrated interest in the education of girls”. (7)

On 6 February 1998 the Education Reform Amendment (Board of Inspectors) Act 1997 (Act No.7, 1997) amended sections 104 and 105 of the Act concerning staff of the Board to: “have the effect of designating Board inspectors as a special class of employees of the Board, whose conditions of employment are to be regulated in accordance with provisions contained in a new Schedule to the Act”; and to replace the Executive Director of the Ministry of Education and Youth Affairs, as the person to determine the employment conditions of casual staff to mark examinations, with “the Department Head of the Office of the Board” of Studies. The reference was “outdated owing to administrative changes since the enactment of the Act”. (8)

By mid-2001, the following committees had been appointed by the Board: Primary Curriculum Committee; Board Curriculum Committees; Technical Advisory Committee; Aboriginal Education Initiatives Advisory Committee; VET Advisory Committee; Industry Curriculum Committees; Registration and Accreditation Committee; HSC Consultative Committee; School Certificate Tests Consultative Committee; Examination Rules Committee; an, HSC Examination Committees. (9)

The Public Sector Employment Legislation Amendment Act 2006 (Act No.2, 2006) amended “a number of Acts to remove existing powers of statutory corporations to employ staff”. However, staff “to enable the affected statutory corporations to exercise their functions” could be employed under Chapter 1A of the amended Public Sector Employment and Management Act 2002 (Act No.43, 2002). (10)

On 17 March 2006, the Board of Studies Inspectors and the Board of Studies Casual Staff Divisions were established, as Special Employment Divisions of the Public Service, to fulfil this function by the Public Sector Employment Legislation Amendment Act 2006 (Act No.2, 2006). (11) These divisions reported to the General Manager of the Office of the Board of Studies. (12)

On 22 May 2009 all references "in any Act or statutory instrument" to the General Manager of the Office of the Board of Studies were amended to Chief Executive, under the Public Sector Employment and Management (General) Order 2009. (13)

From 1 July 2009 the Board of Studies and the Office of the Board of Studies became part of the Principal Department, the Department of Education and Training. (14)

From 4 April 2011 the Board of Studies and the Office of the Board of Studies became a part of the Principal Department, the Department of Education and Communities. (15)

On 1 January 2014, the Board of Studies, the NSW Institute of Teachers, the Office of the Board of Studies, the Office of the NSW Institute of Teachers and other staff Divisions, were all abolished by the Board of Studies, Teaching and Educational Standards Act 2013 (Act No.89, 2013). (16) All references in the Education Act to the Board of Studies were also amended to the Board of Studies, Teaching and Educational Standards, constituted by the Board of Studies, Teaching and Educational Standards Act 2013 (Act No.89, 2013). (17)

Endnotes
1. Education Reform Act 1990, ss.2, 99, Schedule 3; NSW Government Gazette No.74, 8 June 1990, pp.4587, 4593.
2. Ibid., ss.100-101; Board of Studies and Office of the Board of Studies Annual Report 1997 - 1998, p.6; Technical and Further Education Commission Act 1990 (Act No.118, 1990), Schedule 3, Amendments of Acts, Education Reform Act 1990. Amendment of s.100 (2) (b) of the Principal Act; Technical and Further Education Commission (TAFE NSW) Annual Report 1996-1997, pp.1-2.
3. Ibid., s.102.
4. Ibid., s.103.
5. NSW Government Gazette No.39, 5 April 1995, p.1859; Agency 6314 (Office of the Board of Studies).
6. Board of Studies Annual Report 1994-1995, p.5; Agency 112 (Ministry of Education and Youth Affairs).
7. Education Reform Amendment Act 1997, ss.2, 3, Schedule 2, Amendments to Education Reform Act 1990 relating to Board of Studies, Clauses [1]-[5], [8]. A new s.101A of the Principal Act; Amending s.103, Schedule 1, and Schedule 3 of the Principal Act. Schedule 3, Miscellaneous amendments to Education Reform Act 1990, Clause [1]. Amending s.1 of the Principal Act; NSW Government Gazette No.149, 19 December 1997, p.10093; The Education Reform Amendment Bill 1997, Explanatory Note, p.3 from the Parliamentary Counsel's Office Website, Legislation, http://www.legislation.nsw.gov.au/sessionalview/sessional/xn/1997-127.pdf (accessed 16 October 2014).
8. Education Reform Amendment (Board Inspectors) Act 1997, s.2, Schedule 1, Clauses [1]-[3]. A New Schedule 1A of the Principal Act, and amending ss.104 and 105 of the Principal Act; The Education Reform Amendment Bill 1997, Explanatory Note, pp.1-2 from the Parliamentary Counsel's Office Website, Legislation, http://www.legislation.nsw.gov.au/sessionalview/sessional/xn/1997-7.pdf (accessed 28 November 2014); NSW Government Gazette No.22, 6 February 1998, p.523.
9. Board of Studies and Office of the Board of Studies Annual Report 2000-2001, p.14.
10. The Public Sector Employment Legislation Amendment Bill 2006, Explanatory Note, pp.1, 4 from the Parliamentary Counsel's Office Website, Legislation, http://www.legislation.nsw.gov.au/bills/docref/dd1037d0-dd17-cc0d-a461-c314d40d07b1 (accessed 12 September 2014).
11. Public Sector Employment Legislation Amendment Act 2006, s.2; Schedule No.1, Amendment of the Public Sector Employment and Management Act 2002, Clause [42]. Amending Schedule 1 of the Principal Act; Schedule 4, Amendments to other Acts relating to employment of staff, Clauses [4.14] [1] - [5]. A new s.99 (3) of the Education Act 1990, omitting s.105 (Casual Staff), and amending s.104 (Staff of the Board) and Schedule 1A, Board Inspectors, of the Principal Act; NSW Government Gazette No.35, 17 March 2006, p.1378.
12. Board of Studies and Office of the Board of Studies Annual Report 2005-2006, pp.129, 152, 160.
13. Public Sector Employment and Management (General) Order 2009 (2009 No 184) cls.2, 4 and Schedule 1; notified on NSW Legislation Website, 22 May 2009.
14. Public Sector Employment and Management (Departmental Amalgamations) Order 2009 (2009 No 352) cls.4; notified on NSW Legislation Website, 27 July 2009.
15. Public Sector Employment and Management (Departments) Order 2011 (2011 No184) cl.4; Notified on NSW Legislation Website, 3 April 2011.
16. Board of Studies, Teaching and Educational Standards Act 2013, ss.2, 4, Schedule 2; Schedule 5, Clauses [5.2]-[5.3]. Amending Schedules 2 and 3 of the Public Finance and Audit Act 1983 (Act No.152, 1983) and Schedules 1 and 2 of the Public Sector Employment and Management Act 2002 (Act No.43, 2002); Schedule 3, Amendment of the Education Act 1990; Clauses [9], [12], [17]-[19]. Omitting sections of the Acts particular to the Board of Studies; Commencement Proclamation under the Board of Studies, Teaching and Educational Standards Act 2013 (2013-733); Notified on NSW Legislation Website, 20 December 2013.
17. Ibid., Schedule 3, Amendment of the Education Act 1990, Clauses [1]-[2], [11], [16], [20]. Amending all references, to the Board of Studies to the Board of Studies, Teaching and Educational Standards; see also Agency 6579 (NSW Institute of Teachers), Agency 6581 (Office of the Institute of Teachers).

References
NSW Government Directories 1990-2014.
Board of Studies and Office of the Board of Studies Annual Reports 1990-2013.