Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend the Australian Curriculum, Assessment and Reporting Authority Act 2008 and the Australian Education Act 2013, and for related purposes
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 11 Feb 2020
Introduced Senate 10 Feb 2020
Table of contents.

2019‑2020

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

Australian Education Legislation Amendment (Prohibiting the Indoctrination of Children) Bill 2020

 

No.      , 2020

 

(Senator Hanson)

 

 

 

A Bill for an Act to amend the Australian Curriculum, Assessment and Reporting Authority Act 2008 and the Australian Education Act 2013, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 2

Schedule 1—Amendments                                                                                                3

Australian Curriculum, Assessment and Reporting Authority Act 2008          3

Australian Education Act 2013                                                                                3

 

 


A Bill for an Act to amend the Australian Curriculum, Assessment and Reporting Authority Act 2008 and the Australian Education Act 2013, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Australian Education Legislation Amendment (Prohibiting the Indoctrination of Children) Act 2020.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments

  

Australian Curriculum, Assessment and Reporting Authority Act 2008

1  At the end of section 7

Add:

             (6)  The Australian Curriculum, Assessment and Reporting Authority must perform its functions and exercise its powers to ensure that school education in Australia provides a balanced presentation of opposing views on political, historical and scientific issues.

             (7)  Without limiting subsection (6), the Australian Curriculum, Assessment and Reporting Authority must ensure that:

                     (a)  the national school curriculum is developed and administered to provide a balanced presentation of opposing views on political, historical and scientific issues; and

                     (b)  information, resources, support and guidance that promote a balanced presentation of opposing views on political, historical and scientific issues are provided to the teaching profession.

Australian Education Act 2013

2  After section 22

Insert:

22AA  Conditions of financial assistance—prohibiting the indoctrination of children

             (1)  A payment of financial assistance under this Act to a State or Territory is subject to the condition that the State or Territory has in force laws that:

                     (a)  prohibit a staff member (however described) of a school promoting partisan views or activities to students when teaching a subject or administering the school’s affairs; and

                     (b)  require a staff member (however described) of a school to provide students with a balanced presentation of opposing views on political, historical and scientific issues as such issues arise in the teaching of a subject; and

                     (c)  enable a court, on the application of a parent or guardian of a student at a school, to make an order for the enforcement of the provisions of any laws that give effect to the requirements set out in paragraphs (a) and (b) of this section; and

                     (d)  require a school to:

                              (i)  consult with parents or guardians of students at that school to ascertain the extent to which staff members (however described) have provided students with a balanced presentation of opposing views on political, historical and scientific issues as such issues arise in the teaching of a subject; and

                             (ii)  have regard to any feedback received as a result of those consultations.

             (2)  In this section, school includes a non‑government school that provides distance education to students.

             (3)  This section does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.