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Legislative and regulatory changes to be ahead of in 2025

17/03/25
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Extending the system of national unique student identifiers to the schools sector (Cth)

The Better and Fairer Schools (Information Management) Act 2024 (Cth) (BFS Act) will amend the Student Identifiers Act 2014 (Cth) to extend the system of unique student identifiers for vocational education and training and higher education students to all Australian school students. It will enable the Student Identifiers Registrar to assign schools identifiers to all Australian school students. It also enables the collection, use, disclosure and verification of schools identifiers for school students.

The commencement date of the BFS Act will be either on proclamation, or on 11 June 2025 (whichever is earliest). Ahead of the commencement of the legislation, schools should check for information from the Office of the Student Identifiers Registrar about how the student identifiers will be issued and their practical use cases.

 

Review of the Privacy Act – further laws to commence in 2025 (Cth)

The Government is reforming the Privacy Act 1988 (Cth) in stages, or “tranches”. The first tranche was introduced in December 2024, and the second is expected later in 2025.

The first tranche of reforms “enhance the enforcement of privacy protections” by expanding the powers of the Federal Court of Australia and the Federal Circuit and Family Court of Australia to make a range of orders in non-criminal cases beyond simply imposing fines and giving the Office of the Australian Information Commissioner more investigative and code making powers.

Additionally, the Criminal Code Act 1995 (Cth) was amended to introduce new “doxxing” offences. Doxxing is where someone publishes someone else’s personal data in a manner that is menacing or harassing.

The first tranche of reforms also introduces a new law that gives people the power to sue someone for committing a “serious invasion of privacy”. This is expected to commence on 10 June 2025.

 

Child safety reform (Qld)

The Queensland Government has been working on implementation of child safe standards and the introduction of a reportable conduct scheme, as recommended by the Royal Commission into Institutional Responses to Child Sexual Abuse.

For schools, the child safe standards scheme will commence on 1 January 2026 and the reportable conduct scheme will commence on 1 January 2027. Schools should be preparing for commencement of the child safe standards scheme in 2025.

 

Prevention of discrimination and harassment (Qld)

The Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 (Qld) will amend the Work Health and Safety Regulation 2011 (Qld) to explicitly require a person conducting a business or undertaking to proactively manage the risk of sexual harassment and sex or gender-based harassment. Commencing on 1 March 2025, persons conducting a business or undertaking must prepare a plan to manage an identified risk to the health or safety of workers, or other persons, from sexual harassment or sex or gender-based harassment at work.

 

Removal of certain exemptions from the Registration to Work with Vulnerable People Regulations 2024 (Tas)

The Registration to Work with Vulnerable People Amendment Regulations 2024 (Tas) (Amendment Regulations) provide for the removal of two exemptions from needing to have a Registration to Work with Vulnerable People to work with vulnerable children and adults. The Amendment Regulations will commence on 1 April 2025 and will amend the Regulations to remove:

  • the seven-day exemption (people working or volunteering with children in a regulated activity for seven days or less in a calendar year)
  • the emergency management worker exemption.

 

Improvements to the regulation of schools (Vic)

The Education and Training Reform Amendment Act 2024 (Vic) (Amendment Act) received Assent on 11 February 2025. This Amendment Act introduced new laws which mean that, from 12 February 2025, school principals may nominate others to make work experience arrangements and structured workplace learning arrangements in accordance with any Ministerial Order.

Part 3 of the Amendment Act will commence on 1 October 2025 or earlier if a proclamation is issued. This part will strengthen the compliance and enforcement powers of the Victorian Registration and Qualifications Authority in relation to the registration of non-government schools and boarding premises.

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