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Parental access to a student’s account is an important component of the directions articulated in the White
Paper: Education and Training Reforms for the Future . The Education (Queensland Studies Authority) Act
2002 (Qld) 1 supports the intent of the White Paper, and makes clear the role parents play in supporting young people to remain successfully engaged in education, training or employment in the compulsory participation phase.
The Education (Queensland Studies Authority) Act 2002 includes sections outlining legislatively how parental access to student accounts can be facilitated.
Section 21F: How an account is opened
This section requires the Chief Executive of the Department of Education, Training and Employment, Non-
State Schools, and State Schools to give notice to the Queensland Studies Authority (QSA), if a young person has parents, of the parents ’ names and addresses.
This requirement does not apply if the person opening the student account is satisfied it would be inappropriate in the circumstances to give notice of the name and address of a parent of the young person.
This section provides an example of such a scenario:
It may be inappropriate to give notice of the name and address of a parent of a young person if the young person is living independently of his or her parents.
Section 21G : Obligation to open an account
This section applies when a young person enrols with a provider, but the young person does not have a student account already opened for them. The section also requires the provider to give notice to the QSA, if a young person has parents, of the parents ’ names and addresses.
This requirement does not apply if the person opening the student account is satisfied it would be inappropriate in the circumstances to give notice of the name and address of a parent of the young person.
This section provides an example of such a scenario:
It may be inappropriate to give notice of the name and address of a parent of a young person if the young person is living independently of his or her parents.
Section 21N : Obligation to notify other matters
This section requires a provider to give notice to the QSA in relation to the following:
if the provider becomes satisfied that it is inappropriate for the name and address of a parent to be recorded (in the student account), the provider should notify the QSA to remove the pa rent’s details from the account
if the provider becomes satisfied that it is appropriate for the name and address of a parent to be recorded (and therefore the parent given access), the provider should notify the QSA of the paren t’s details
if the provider is aware that information, previously notified to the QSA under this part, has changed or is incorrect - the provider should notify the QSA of the new or correct information (e.g. if the provider becomes aware that parental details have changed and/or are incorrect).
Section 21V : Use and disclosure by the QSA
This section provides that if a young person is in the compulsory participation phase or is under 18 years and not in the compulsory participation phase and the details of the young person's parents are recorded in a student account, in order to help the parents comply with s. 239(1) of the Education (General Provisions) Act
2006 (Qld) , the QSA must give the parents access to student account information recorded in the account.
Note: section 239 of the Education (General Provisions) Act 2006 outlines the parents’ obligation to ensure their child is participating in the compulsory participation phase.
1 As contained in the Education Legislation Amendment Act 2006 (Qld)
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Section 10 of the Education (General Provisions) Act 2006 defines a parent 2 :
(1) A parent , of a child, is any of the following persons -
(a) the child’s mother;
(b) the child’s father;
(c) a person who exercises parental responsibility for the child.
(2) However, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child.
(3) A parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child.
(4) A parent of a Torres Strait Islander child includes a person who, under Islander custom, is regarded as a parent of the child.
(5) Despite subsections (1), (3) and (4), if -
(a) a person is granted guardianship of a child under the Child Protection Act 1999 (Qld) ; or
(b) a person otherwise exercises parental responsibility for a child under a decision or order of a federal court or a court of a State then a reference in this Act to a parent of a child is a reference only to a person mentioned in paragraph (a) or (b).
Sections 176 and 239 of the Education (General Provisions) Act 2006 set out the obligation of each parent under the compulsory schooling and compulsory participation provisions respectively. Each section states that the obligations do not apply if the child lives with another parent and the relevant parent believes, on reasonable grounds, that the other parent is complying with the compulsory schooling or participation obligations. i.e., parental obligations to a child with respect to schooling vary according to whether the child lives with the parent or not. It is logical, then, that parental rights may also vary accordingly.
2 The Education (Queensland Studies Authority) Act 2002 relies upon the Education (General Provisions) Act 2006 definition of parent
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The following are operational guidelines for State Schools. The Education (Queensland Studies Authority)
Act 2002 gives parents the legal right to access the student account where they need the information in order to comply with s.239 of the Education (General Provisions) Act 2006 . The guidelines set out roles and responsibilities for providing parental access to student accounts. Note: where there is any uncertainty about parental responsibility or where a young person may be placed in harm, as a result of parental access, then that parental access to the student account is to be withheld until these issues are appropriately resolved.
This access is then removed by notification if the matters of concern are established on the balance of probabilities.
Before an account is opened, young people are to be:
made aware that their parent/s information will generally be included in their student account registration and this will enable them to have access to the information collected in their student account
made aware that this access is being provided to enable their parent/s to support them in being successfully engaged in education, training or employment in the compulsory participation phase
made aware that their parent/s ’ details may not be included, and that accordingly their parents will not have access to their student account, if the principal believes that it is inappropriate in the circumstances to provide the parent/s ’ details. For example, it may not be appropriate: o where the young person has concerns regarding their safety or well-being in terms of their parent having access to their student account o in some circumstances where the young person is living independently of their parents o for both parents to have access in some circumstances where the young person lives with only one of the parents.
regularly reminded that if they have concerns regarding their safety or wellbeing in terms of their parent/s having access to their student account they should inform their Principal, or other appropriate school staff members such as a teacher or guidance officer.
Principals are to:
ensure that during the Senior Education and Training (SET) planning process young people are informed about parental access to student accounts as per the statement of intent above. An information sheet for students is available.
ensure that parents are informed that they will be provided access to student accounts to help them to support their child remain successfully engaged in education, training or employment and to assist in facilitating discussions about their child’s goals and objectives. An information sheet for parents and guardians is available.
ensure that young people are made aware of why the information is being collected about them and what it is to be used for, as outlined in Senior Education and Training Plans and Management of Student
Accounts (QSA Learning Accounts) .
ensure that young people are aware that they can raise concerns about appropriateness of parental access if they consider such access inappropriate
ensure that appropriately trained school employees such as guidance officers, counsellors, or chaplains are available so that young people can raise any concerns regarding access to their personal information by their parents
ensure that any concerns raised by young people regarding access to their student account are taken into consideration, and where appropriate, acted upon
determine if it is inappropriate in the circumstances to notify the QSA of parental name and address information. For example where: o a young person is estranged from their parents or from one of their parents o there are known child safety concerns o the safety and wellbeing of the young person may be jeopardised by the parent having electronic access to the student account.
ensure a young person and their parents are given an opportunity to discuss parental access decisions where appropriate.
ensure the availability of appeal processes for decisions regarding parental access exist: o respond in writing to a written request from a parent for information about a decision
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o provide the parent with the right to appeal the decision and information about how such an appeal might be lodged.
Executive Directors (School Improvement) are to:
make a determination within a reasonable time of the receipt of appeals against decisions made by a principal in respect to parental access to student accounts
inform the parent of the outcome of an appeal and the reasons for the decision.
Senior Education and Training Plans
Decision-making and Responding to a Request for Reasons for a Decision
Student Protection
Management of Student Accounts (QSA Learning Accounts)
Before an account is opened and the parents’ details are recorded in the student account, the parents need to be appropriately qualified under s.10 of the Education (General Provisions) Act 2006 and identified by appropriate forms of identification.
Schools need to ensure when access is granted to parents that processes are in place to ensure access codes (account number and password) are provided only to the parent/s identified in the account.
Principals are to:
ensure that when young people are enrolled and at the time when the QSA accounts are opened, young people’s parents are identified, confirmed and recorded on school records (e.g. OneSchool, Registration and Banking System, Student Data Capture System). In undertaking this, principals are to: o include both parents where they both have responsibility for the young person (refer s. 10 of the
Education (General Provisions) Act 2006 for further clarification on the definition of parents ) o seek guidance from a young person who enrols themselves at any state school regarding the nature of the relationship with their parents o confirm it is appropriate for the school to record this information on locally held enrolment forms. (In relation to enrolment of young people in the absence of parents note s.155(3) of the Education
(General Provisions) Act 2006 ). refer to Managing Electronic Identities and Identity Management .
determine if it is not appropriate for both parents to have access to the student account. Circumstances where parental access may not be appropriate may include, but are not limited to: o if a young person is estranged from their parents and/or living independently, and the arrangement is not merely temporary o if one or more parent is not living with the young person, and the young person provides good reason why the non-resident parent/s should not be included o if there are known family violence issues relating to the parent/s (e.g. existence of a domestic violence order) o if the child is participating in witness protection and it is not safe to include parental information o if there are known child safety issues relating to the parent/s (e.g. existence of a child safety order or the known involvement of the Department of Child Safety).
ensure that young people are aware they can raise issues about parental access to their student account through the appropriate point of contact or contacts within the school community (e.g. through teachers, guidance officers, school health professionals, etc.)
ensure that staff members are aware of the need to ensure issues raised by students about parental access to student accounts are raised with the principal to enable determination of the appropriateness of parental access
ensure that when a young person has an account opened, if the young person has a parent and it has been determined that it is appropriate for that parent to access the student account, then the parent ’s name and address should be entered into the account. This should include: o both parents where they both have responsibility for the young person o one parent where such parental responsibility has been terminated by a court order or the young person provides good reason why the non-resident parent should not be included
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o non-parent guardians appointed by courts (e.g. under a Family Court Order or order under the Child
Protection Act 1999 (to the exclusion of parents)
Note: refer s. 10 of the Education (General Provisions) Act 2006 for further clarification on the definition of parents
ensure privacy provisions in Education (Queensland Studies Authority) Act 2002 are maintained and adhered to as outlined in Senior Education and Training Plans .
Senior Education and Training Plans
Managing Electronic Identities and Identity Management
Management of Student Accounts (QSA Learning Accounts)
Once an account is opened for a young person:
schools are to ensure that student ’s personal details are current, especially with respect to the nature of the relationship between young people and their parents
QSA is to ensure parental access codes are given to schools for any parents whose details are held in student accounts
schools are to take steps to ensure access codes for parents are delivered securely to the identified parent/s in the student account, either via collection in person or via two mailouts (including one with the login and one with the password). In situations where parents do not have access to computer facilities or prior to online access being available, schools should work with requesting parents to provide other opportunities to access the information.
child safety concerns affecting parental access to student accounts should be resolved prior to inclusion of parental details in the student account.
It is the responsibility of schools, as providers under the Education (Queensland Studies Authority) Act 2002, to ensure the currency of any information held within the student account for a young person. Schools should be mindful of the potential for child safety concerns about some non-custodial parents accessing information about a young person. Schools should not hesitate to make relevant inquiries when they become aware of such matters.
Queensland Studies Authority (QSA) is to:
provide parents with access to the student account if details of the names and addresses of a young person’s parents are recorded in the student account
provide access codes to schools for any parents whose details are held within a young person ’s account
remove access to the student account if a school notifies that the parental details of a student account should be removed.
Principals are to:
ensure that information regarding access codes for parents is treated in a secure manner. Appropriate steps should be taken to ensure access codes are released only to the parents identified in the student account.
implement and monitor systems to communicate to young people how they can raise issues about parental access to student accounts through an appropriate point of contact within the school community
(e.g. through teachers, guidance officers, school health professionals, chaplains)
implement and monitor systems to ensure staff are aware of the need to ensure issues of parental responsibility are raised with the principal for consideration of the appropriateness of parental access to student accounts
if there are any unresolved issues or concerns regarding parental responsibility, principals should resolve these matters in a timely fashion to ensure that any necessary notification to the QSA to remove parental access is done as soon as possible.
Updating information in the account
Principals are to:
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ensure that students are regularly reminded of the need to inform the school when there is a need to change their parental details
act on such information immediately where a student ’s welfare is at risk
ensure information regarding parents is updated when changes occur. Amendments may include changes to address details and/or if parents are still exercising parental responsibility over a young person.
advise the QSA of changes to a student’s personal details held within the student account via electronic data capture systems within three months of the provider becoming aware of them.
Note: in cases where a student’s welfare and/or safety is at risk, principals should remove the parent’s access to the student’s account as soon as they become aware of any changes to the young personparent relationship.
notify QSA regarding removal of parental details where: o you have become aware of a relevant matter such as:
a child protection order
at risk situation/child
child’s independent status etc. o you have investigated the matter (having obtained relevant information from the student and affected parent/s), and o you are satisfied that including parental name and address information in the student account is not appropriate in all of the circumstances.
ensure that where personal details of a young person change, an examination of the student’s information is conducted to ensure that it remains accurate, including parental contact information
ensure, if students raise a concern about their welfare and wellbeing with respect to one or both of their parents having access to their account, that reasonable steps are taken to ascertain the level of risk to the student and contact the Department of Child Safety where appropriate
ensure that where the parental relationship has changed and the parent is no longer exercising responsibility for the young person, that in consultation with the young person, you consider whether it is appropriate for one or both of the parents ’ details to be removed from the student account. Some of the issues to be considered are outlined in Part A: Before an account is opened .
When a young person transfers between schools
When a young person enrols at a new school, as well as updating the QSA as to the details of a young person’s enrolment as per the Education (Queensland Studies Authority) Act 2002 , the principal should consult with the young person regarding parental access in line with the guidelines outlined above.
Technical difficulties
Where online access to learning accounts is available, parents will be able to obtain support for technical difficulties in accessing their child’s learning account from the Queensland Studies Authority’s SLIMS on (07)
3864 0269 or by email .
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