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Education and Training Reform Amendment (Miscellaneous) Act 2015

No. 37 of 2015

TABLE OF PROVISIONSSection Page

Part 1—Preliminary 1

1 Purposes 12 Commencement 23 Principal Act 2

Part 2—Amendment of the Education and Training Reform Act 2006 3

4 Definitions 35 Minister may constitute school council by Order 36 Powers of a school council 37 Reviews 48 New section 2.6.26AB inserted 49 New section 2.6.26C inserted 510 New section 2.6.26D inserted 511 Membership of Regional Councils 512 Meetings of Councils 613 Functions of Authority 614 Requirements for registration 615 New section 4.3.1A inserted 716 Review of operations of schools by Authority 817 Undertakings by school 818 Action after review 819 New sections 4.3.4A and 4.3.4B inserted 920 Authority may issue guidelines 1121 Delegations by Minister 1122 Repeal of section 5.2.12—Minister's powers to make orders 1123 New section 5.5.26 inserted 1224 New section 6.1.39 inserted 1225 Amendments to Schedule 6—Ministerial Orders 1326 Amendments to Schedule 6—Ministerial Orders 1427 Statute law revision amendment 15

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Part 3—Amendment of other Acts 16

Division 1—Education and Training Reform Amendment (Skills) Act 2011 16

28 Section 17 substituted 16

Division 2—Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014 16

29 False representation 16

Part 4—Repeal of amending Act 18

30 Repeal of amending Act 18═══════════════

Endnotes 19

1 General information 19

Education and Training Reform Amendment (Miscellaneous) Act 2015†

No. 37 of 2015

[Assented to 8 September 2015]

The Parliament of Victoria enacts:

Part 1—Preliminary1 Purposes

The main purposes of this Act are—

(a) to amend the Education and Training Reform Act 2006—

(i) to enhance the functions and powers of the Victorian Registration and Qualifications Authority and school councils in relation to schools; and

Victoria

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(ii) to make minor amendments relating to Regional Councils of Adult, Community and Further Education and the registration of teachers and early childhood teachers; and

(b) to make minor amendments to other Acts.

2 Commencement

(1) This Part, section 27 and Part 3 come into operation on the day after the day on which this Act receives the Royal Assent.

(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3) If a provision of this Act does not come into operation before 1 August 2016, it comes into operation on that day.

3 Principal Act

In Part 2 of this Act the Education and Training Reform Act 2006 is called the Principal Act.

Section Page

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Part 2—Amendment of the Education and Training Reform Act 2006

4 Definitions

In section 1.1.3(1) of the Principal Act insert the following definition—

"parents' club means an association (by whatever name called) of parents of a Government school, whether or not the association also includes teachers and friends of the school;".

5 Minister may constitute school council by Order

(1) In section 2.3.2(6)(a) of the Principal Act, after "council" insert "and any parents' club of a school in relation to which the council is constituted".

(2) For section 2.3.2(7) of the Principal Act substitute—

"(7) An Order made under subsection (6)(a) dissolving a council or a parents' club may make provision for or with respect to any matter of an ancillary, consequential, transitional or savings nature consequent on the making of the Order, including the rights, obligations and assignment of any property or other assets (subject to trusts) of any council or parents' club referred to in the Order.".

6 Powers of a school council

(1) After section 2.3.6(1)(c) of the Principal Act insert—

"(ca) subject to subsection (1A), grant a licence in relation to school lands or buildings in accordance with any Ministerial Order and any guidelines issued by the Minister;

Part 4—Repeal of amending Act

Education and Training Reform Amendment (Miscellaneous) Act 2015No. 37 of 2015

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(cb) enter into a licensing arrangement in relation to any other land in accordance with any Ministerial Order and any guidelines issued by the Minister;".

(2) After section 2.3.6(1) of the Principal Act insert—

"(1A) Subsection (1)(ca) does not apply to a licence granted under section 2.3.21.

(1B) Subsection (1)(ca) applies despite anything to the contrary in the Crown Land (Reserves) Act 1978.".

7 Reviews

In section 2.4.51(1) of the Principal Act omit "or executive".

8 New section 2.6.26AB inserted

After section 2.6.26A of the Principal Act insert—

"2.6.26AB Teacher must notify Institute of change to employer

(1) A teacher must notify the Institute in writing of the name of any school at which the teacher is employed within 30 days of commencing employment at that school.

(2) A teacher must notify the Institute in writing if the teacher ceases to be employed at a school within 30 days of ceasing employment at that school.".



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9 New section 2.6.26C inserted

After section 2.6.26B of the Principal Act insert—

"2.6.26C Early childhood teacher must notify Institute of change to employer

(1) An early childhood teacher must notify the Institute in writing of the name of any early childhood service at which the early childhood teacher is employed within 30 days of commencing employment at that early childhood service.

(2) An early childhood teacher must notify the Institute in writing if the early childhood teacher ceases to be employed at an early childhood service within 30 days of ceasing employment at that early childhood service.".

10 New section 2.6.26D inserted

Before Division 8 of Part 2.6 of the Principal Act insert—

"2.6.26D Secretary may disclose information to Institute

If the Secretary considers it appropriate to do so, the Secretary may disclose to the Institute any information the Secretary has about, or arising from, an exemption or an application under section 2.6.60A or 2.6.60B.".

11 Membership of Regional Councils

In section 3.3.21 of the Principal Act—

(a) in subsection (1), for "9 members" substitute "5 or more members";

(b) in subsection (3)(c), for "responsibilities." substitute "responsibilities; and";



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(c) after subsection (3)(c) insert—

"(d) have knowledge and experience of issues affecting the local industry and the broader local community in that region.".

12 Meetings of Councils

Section 3.3.23(1) of the Principal Act is repealed.

13 Functions of Authority

(1) In section 4.2.2(1)(fb) of the Principal Act, after "providers" insert "and registered non-Government schools".

(2) For section 4.2.2(1)(na) of the Principal Act substitute—

"(na) protect the interests of students as consumers of education or training services, whether delivered in schools or by providers of vocational education and training, further education, higher education or technical and further education;".

14 Requirements for registration

After section 4.3.1(6A) of the Principal Act insert—

"(6B) It is a condition of registration of a non-Government school that the school or any person involved in the management or operation of the school comply with any requirements of the Authority for the purposes of the monitoring or assessment of the school's financial capabilities conducted by the Authority in accordance with section 4.3.1A.



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Note

The Authority may impose a condition on a non-Government school under section 4.3.1A(3) to put in place a protection scheme for school fees if the school is assessed by the Authority as being financially unviable or at risk of becoming financially unviable.".

15 New section 4.3.1A inserted

After section 4.3.1 of the Principal Act insert—

"4.3.1A Authority may assess the financial capability of registered non-Government schools

(1) The Authority may at any time monitor, or conduct an assessment of, the financial capabilities of a non-Government school registered under this Division.

(2) Any monitoring or assessment conducted under subsection (1) must be conducted in accordance with the regulations and the guidelines issued under section 4.3.8A.

(3) If a school is assessed by the Authority as being financially unviable or at risk of becoming financially unviable, the Authority may do one or more of the following—

(a) report to parents of students at the school on the result of the assessment, including the areas in which the school is no longer financially viable;

(b) in accordance with any Ministerial Order, impose a condition of registration on the school to put in place a protection scheme for fees that have been paid or are to be paid to the school in accordance with that Ministerial Order.



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(4) In this section—

fee includes any of the following—

(a) a fee for tuition of a student;

(b) a fee for an activity undertaken by a student within or outside of the school premises under the supervision of the school;

(c) a refundable amount of money paid to the school in connection with the tuition of a student at the school.Note

An example of an activity referred to in paragraph (b) is a camp or excursion organised by the school.".

16 Review of operations of schools by Authority

After section 4.3.3(2A)(a) of the Principal Act insert—

"(ab) in the case of a non-Government school, the school is financially unviable or may soon become financially unviable; or".

17 Undertakings by school

After section 4.3.3A(1) of the Principal Act insert—

"(1A) For the avoidance of doubt, a person may give an undertaking under this section to establish a trust fund into which students' fees (within the meaning of section 4.3.1A(4)) are paid and setting out the circumstances in which funds may be withdrawn from that trust fund.".

18 Action after review

Section 4.3.4(3) of the Principal Act is repealed.



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19 New sections 4.3.4A and 4.3.4B inserted


"4.3.4A Authority may suspend or cancel registration of school in other circumstances

(1) In addition to its power to suspend or cancel the registration of a school under section 4.3.4(2)(a), the Authority may determine to suspend or cancel the registration of a non-Government school—

(a) in any of the following circumstances—

(i) the Authority is satisfied that the school has ceased to operate as a school;

(ii) the Authority has been notified by the school that it will cease to operate as a school within 30 days after that notification;

(iii) the school's sole or main proprietor is a natural person who has become an insolvent under administration;

(iv) the school's sole or main proprietor is a body corporate that has been compulsorily wound up or is subject to an order to be compulsorily wound up; and

(b) if the Authority is satisfied that it is in the best interests of students enrolled at the school, or in the public interest, to suspend or cancel the registration of the school.



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(2) Before making a determination under subsection (1) the Authority must—

(a) give to the school affected a written notice stating—

(i) the action it proposes to take; and

(ii) the reasons for taking that action; and

(iii) the time within which the school may make submissions under paragraph (b); and

(b) give the school affected the following period within which the school may make submissions to the Authority to show cause why the proposed action should not be taken—

(i) in the case of a proposed suspension of registration, 3 business days after the school receives notice of the action;

(ii) in the case of a proposed cancellation of registration, 7 business days after the school receives notice of the action; and

(c) consider any submissions made to the Authority within the specified time under paragraph (b).

(3) The Authority, on the application of the school, may extend the period within which submissions may be made under subsection (2)(b).



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4.3.4B Authority must give notice to school of action

(1) The Authority must give to the school affected a written notice of a determination made under section 4.3.4 or 4.3.4A to take an action in respect of the school.

(2) An action by the Authority referred to in subsection (1) takes effect on the later of the following—

(a) when a notice under subsection (1) is given to the school affected;

(b) on any later date specified in the notice.".

20 Authority may issue guidelines

For section 4.3.8A(1) of the Principal Act substitute—

"(1) The Authority may from time to time issue guidelines in relation to the following—

(a) the matters in section 4.3.1(6);

(b) the monitoring and conducting of assessments of the financial capabilities of non-Government schools registered under this Division.".

21 Delegations by Minister

In section 5.2.9 of the Principal Act, after "powers under this Act" insert "or the regulations".

22 Repeal of section 5.2.12—Minister's powers to make orders

Section 5.2.12 of the Principal Act is repealed.



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23 New section 5.5.26 inserted


"5.5.26 Information sharing

(1) The Authority may disclose any information the Authority has obtained in the course of performing its functions or exercising its powers under this Part to any of the following persons or bodies if the information relates to the performance of a function of that person or body—

(a) the Secretary;

(b) a public sector body;

(c) a Department of the Commonwealth Government.

(2) The Authority, when disclosing information under subsection (1) or under a law of another jurisdiction corresponding to subsection (1), does not contravene an obligation not to disclose the information or give the document, whether imposed by an Act or by another rule of law.".

24 New section 6.1.39 inserted

At the end of Chapter 6 of the Principal Act insert—

"6.1.39 Transitional provisions—Education and Training Reform Amendment (Miscellaneous) Act 2015

(1) Despite the changes made to the membership of a Regional Council by section 11 of the amending Act, the Regional Council is taken to be the same body.



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(2) Despite the repeal of section 5.2.12 by section 22 of the amending Act, an Order made by the Minister under section 5.2.12 as in force immediately before its repeal is taken to be an Order made under section 5.10.4.

(3) On and from the commencement of section 22 of the amending Act, any reference to an Order made under section 5.2.12 in any Act (except the amending Act), subordinate instrument, agreement or other document, as far as it relates to any period after that commencement, is taken to be a reference to an Order made under section 5.10.4.

(4) In this section—

amending Act means the Education and Training Reform Amendment (Miscellaneous) Act 2015.".

25 Amendments to Schedule 6—Ministerial Orders

After clause 12 of Schedule 6 to the Principal Act insert—

"13 Licensing arrangements of school councils

The procedures relating to a school council—

(a) granting a licence in relation to school lands or buildings; and

(b) entering into a licensing arrangement in relation to any other land.".



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26 Amendments to Schedule 6—Ministerial Orders

After clause 13 of Schedule 6 to the Principal Act insert—

"14 Protection scheme for fees paid to non-Government schools

14.1 The matters that the Authority must consider in deciding whether to impose a condition on the registration of a non-Government school for the school to put in place a protection scheme for fees paid or to be paid to that school.

14.2 The requirements of a protection scheme for fees paid or to be paid to a non-Government school may include but are not limited to the following—

(a) the timing of payment of fees including restrictions on paying fees in advance;

(b) the method of payment of fees including that fees may be paid in instalments;

(c) the method of collection of fees;

(d) the refund of fees;

(e) the management of fees, including a requirement that fees be paid into a trust;

(f) the nature and terms of a trust into which fees are to be paid;

(g) a requirement that the school advise parents of students at the school of the reasons for putting in place the protection scheme.



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14.3 In this clause fee has the same meaning as in section 4.3.1A.".

27 Statute law revision amendment

In section 5.7A.10(b)(ii) of the Principal Act, after "consumer price" insert "index".



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Part 3—Amendment of other Acts

Division 1—Education and Training Reform Amendment (Skills) Act 2011

28 Section 17 substituted

For section 17 of the Education and Training Reform Amendment (Skills) Act 2011 substitute—

'17 Amendment to Workplace Injury Rehabilitation and Compensation Act 2013

In clause 1(1)(e) of Schedule 1 to the Workplace Injury Rehabilitation and Compensation Act 2013, for "or 6.1.25" substitute ", 6.1.25 or 6.1.26".'.

Division 2—Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute

of Teaching) Act 201429 False representation

(1) In section 79 of the Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014—

(a) in proposed section 2.6.58(1) of the Education and Training Reform Act 2006—

(i) omit "or to have been";

(ii) omit "or having been";



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(b) in proposed section 2.6.58(1A) of the Education and Training Reform Act 2006—


(ii) omit "or having been";

(c) in proposed section 2.6.58(1B) of the Education and Training Reform Act 2006—


(ii) omit "or having been".

(2) In section 79 of the Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014, after proposed section 2.6.58(1B) of the Education and Training Reform Act 2006 insert—

"(1BA) A person must not falsely claim to have been, or hold himself or herself out as having been—

(a) registered as a teacher under Division 3; or

(b) granted permission to teach; or

(c) registered as an early childhood teacher under Division 3A.".



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Part 4—Repeal of amending Act30 Repeal of amending Act

This Act is repealed on 1 August 2017.Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Endnotes


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http://www.legislation.vic.gov.au/

† Minister's second reading speech—

Legislative Assembly: 5 August 2015

Legislative Council: 20 August 2015

The long title for the Bill for this Act was "A Bill for an Act to amend the Education and Training Reform Act 2006 to enhance the functions and powers of the Victorian Registration and Qualifications Authority and school councils in relation to schools and for other purposes."

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