EDUCATION AND TRAINING REFORM ACT 2006

Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

EDUCATION AND TRAINING REFORM ACT 2006

TABLE OF PROVISIONS

PART 1.1--PRELIMINARY

1.1.1. Purpose
1.1.2. Commencement
1.1.3. Definitions
1.1.3A. Meaning of category A offence
1.1.3B. Meaning of category B offence
1.1.3C. Meaning of category C conduct
1.1.4. Binding of Crown
1.1.5. Extra-territorial operation of this Act

PART 1.2--PRINCIPLES

1.2.1. Principles underlying the enactment and amendment of this Act
1.2.2. Principles underlying the Government education and training system
1.2.2A. Principle underlying State support of the provision of early childhood education
1.2.3. Principles not to give rise to civil cause of action

PART 2.1--COMPULSORY EDUCATION

Division 1--Attendance at school

2.1.1. Attendance at school
2.1.2. Parent must comply with duty
2.1.2A. Offence for parent not to provide instruction to child registered for home schooling
2.1.3. What is a reasonable excuse?
2.1.4. Parent to notify school of absence
2.1.5. Exemption from enrolment or attendance at school
2.1.6. Obligations of parents

Division 2--Enforcement of attendance

2.1.7. Appointment of school attendance officers
2.1.8. Identity card
2.1.9. Production of identity card
2.1.10. Powers of school attendance officers
2.1.11. Offence to hinder or obstruct school attendance officer
2.1.12. Power to bring proceedings
2.1.13. Certificate to be evidence as to attendance of child

Division 3--School enrolment notices and school attendance notices

2.1.15. School enrolment notice
2.1.16. School attendance notice
2.1.17. Content of school enrolment notice
2.1.18. Content of school attendance notice
2.1.19. Parent must respond to school enrolment notice
2.1.20. Parent must respond to school attendance notice
2.1.21. Offences for failing to comply with school enrolment notice or school attendance notice
2.1.22. Offence to provide false information
2.1.23. Infringement notices, penalties and offences
2.1.24. Minister may issue guidelines

PART 2.1A--PROTECTION OF SCHOOL COMMUNITIES

Division 1--General provisions relating to school community safety orders

2.1A.1. Definitions
2.1A.2. Who are authorised persons?

Division 2--Immediate school community safety orders

2.1A.3. Authorised person may make immediate order
2.1A.4. Process for giving immediate order
2.1A.5. Grounds and other requirements for making immediate order
2.1A.6. Coming into effect of immediate order
2.1A.7. Matters that must be stated in an immediate order
2.1A.8. Conditions and other matters for immediate orders
2.1A.9. Duration of immediate orders
2.1A.10.Revocation of immediate orders
2.1A.11.Person to whom immediate order applies may make submissions to authorised person
2.1A.12.Review of immediate order
2.1A.13.Communication and access arrangements
2.1A.14.Contravention of immediate order

Division 3--Ongoing school community safety orders

2.1A.15.Authorised person may make ongoing order
2.1A.16.Relationship between immediate order and ongoing order
2.1A.17.Grounds and other requirements for making ongoing orders
2.1A.18.Process for giving ongoing order
2.1A.19.Coming into effect of ongoing order
2.1A.20.Form of ongoing order
2.1A.21.Procedure before making ongoing order
2.1A.22.Extension of time to make submissions
2.1A.23.Communication and access arrangements for ongoing orders
2.1A.24.Conditions and other matters for ongoing orders
2.1A.25.Revocation of ongoing orders
2.1A.26.Variation of ongoing orders
2.1A.27.Duration of ongoing orders
2.1A.28.Contravention of ongoing order

Division 4--Review of ongoing school community safety order

2.1A.29.Internal review
2.1A.30.Timelines for internal review
2.1A.31.Effect of commencement of review on continuation of ongoing order
2.1A.32.Outcome of internal review
2.1A.33.Review by VCAT
2.1A.34.Time period for making application for review

Division 5--Guidelines

2.1A.35.Authorised person to give effect to guidelines
2.1A.36.Reviewer to give effect to guidelines
2.1A.37.Ministerial guidelines
2.1A.38.Notice and publication of guidelines

Division 6--Civil penalties and enforcement

2.1A.39.Definition
2.1A.40.Application to the Magistrates' Court
2.1A.41.Magistrates' Court may order payment of civil penalty
2.1A.42.Payment of penalty
2.1A.43.Magistrates' Court may make other orders

Division 7--Statutory review

2.1A.44.Statutory review of provisions

PART 2.2--GOVERNMENT SCHOOLS

Division 1--Establishment of Government schools

2.2.1. Establishment of Government schools and educational services
2.2.2. Discontinuation of Government schools—limitation of judicial review
2.2.3. Limitation on occupier's liability for discontinued Government schools

Division 2--Instruction in Government schools

2.2.4. Instruction in specified learning areas to be free to students under 20
2.2.5. Students over 20 may be charged fees
2.2.6. Parent not required to contribute to cost of additional support
2.2.7. Voluntary financial contributions
2.2.8. Overseas students to be required to pay fees
2.2.9. Overseas students fees Order
2.2.10. Education in Government schools to be secular
2.2.11. Special religious instruction
2.2.12. Ceremony in relation to being Australian citizens

Division 3--Admission to Government schools

2.2.13. Admission to designated neighbourhood Government school
2.2.14. Admission to other Government school
2.2.15. Refusal of admission generally
2.2.16. Minister may approve admission criteria
2.2.17. Refusal of admission for safety reasons
2.2.18. Age requirements for enrolment at Government schools

Division 4--Discipline of students

2.2.19. Discipline of students

Division 5--Assistance for students with special needs

2.2.20. Assistance for students with special needs

PART 2.3--GOVERNMENT SCHOOL COUNCILS

Division 1--Definitions

2.3.1. Definitions

Division 2--Constitution of school councils

2.3.2. Minister may constitute school council by Order
2.3.3. Minister entitled to act if no school council

Division 3--Objectives, functions and powers of school councils

2.3.4. Objectives of a school council
2.3.5. Functions of a school council
2.3.6. Powers of a school council
2.3.7. Accountability

Division 4--Employment of staff

2.3.8. Employment or engagement of teachers and other staff in schools
2.3.9. Eligibility of person to be employed as a teacher or an early childhood teacher
2.3.10. Dismissal, suspension and termination of employment
2.3.10A.Employment, dismissal and termination of holders of temporary approvals

Division 5--Further powers of school councils

2.3.11. Use of school buildings and grounds for activities
2.3.12. School council may carry out works
2.3.13. Public bodies authorised to perform works for school council
2.3.14. School council may form sub-committee
2.3.15. School council may delegate powers, duties or functions
2.3.16. School council may form committees to manage joint facilities
2.3.17. School council may delegate powers, duties or functions to members of committee
2.3.18. School council may sell property

Division 6--Kindergarten programs

2.3.19. Application of Division
2.3.20. School councils may provide for kindergarten programs
2.3.21. Council may grant lease or licence over kindergarten land
2.3.22. Fees for kindergarten programs
2.3.23. Application of, and accounting for, money received

Division 7--Reporting and accountability requirements

2.3.24. School plan
2.3.25. Status of school plan
2.3.26. Termination of school plan
2.3.27. School council to prepare annual report
2.3.28. Powers of Auditor-General regarding council accounts
2.3.29. Use of funds by school council
2.3.30. Annual reports

Division 8--General

2.3.31. Limitation on commencement of legal proceedings
2.3.32. Indemnity for school council members

PART 2.4--GOVERNMENT TEACHING SERVICE

Division 1--Preliminary

2.4.1. Definitions

Division 2--Employment in teaching service

2.4.2. Application of Federal awards and agreements
2.4.3. Employment of teachers, principals and other staff
2.4.3A. Remuneration range for executives
2.4.4. Filling of vacant positions
2.4.5. Public notices
2.4.6. Secretary to consider recommendation of school council
2.4.7. Eligibility for employment
2.4.8. Employment to be on probation
2.4.9. Term of employment
2.4.10. Reclassification of a position
2.4.11. Progression of salary or wages

Division 3--The Principal Class

2.4.12. Definitions
2.4.13. Classification of positions in the Principal Class
2.4.14. Contract of employment
2.4.15. Matters regulated by a contract of employment
2.4.16. Monetary remuneration and employment benefits
2.4.17. Travelling and subsistence allowances etc.
2.4.18. Performance review of a member of the Principal Class
2.4.19. Termination of a contract of employment
2.4.20. Vacancy of Principal Class position
2.4.21. Contracts prevail in certain circumstances
2.4.22. Certain legal proceedings excluded
2.4.23. Division 5 of Part 3 of Public Administration Act 2004 not to apply

Division 3A--The Executive Class

2.4.23A.Definitions
2.4.23B.Classification of positions in the Executive Class
2.4.23C.Contract of employment
2.4.23D.Matters regulated by a contract of employment
2.4.23E.Travelling and subsistence allowances etc.
2.4.23F.Termination of a contract of employment
2.4.23G.Vacancy of Executive Class position
2.4.23H.Contracts prevail in certain circumstances
2.4.23I.Division 5 of Part 3 of Public Administration Act 2004 not to apply

Division 4--Leave and other entitlements

2.4.24. Leave of absence and pay in lieu
2.4.25. Long service leave
2.4.26. Payment instead of long service leave
2.4.27. Work of a higher or lower class or grade
2.4.28. Gratuity
2.4.29. Rent charged to employees
2.4.30. Restriction on employees doing other work
2.4.31. Saving of rights of persons holding Government office
2.4.32. Retirement through ill-health—long service leave
2.4.33. Retirement
2.4.34. Absence from duty
2.4.35. Fines to be stopped from salary
2.4.36. No claim for compensation

Division 5--Transfers between teaching service and public service

2.4.37. Transfer etc. from teaching service to public service
2.4.38. Transfer etc. from public service to teaching service
2.4.39. Rights in the public service preserved
2.4.40. Rights under this Act preserved

Division 6--Transfers and promotions within the teaching service

2.4.41. Transfer or promotion of an on-going employee
2.4.42. Term of employment
2.4.43. Employment of members of the Principal Class or the Executive Class

Division 7--Appeals

2.4.44. Merit Protection Boards
2.4.45. Membership of Boards
2.4.45A.Pool of appointed persons
2.4.45B.Terms and conditions of appointment of pool members
2.4.46. Resignation and removal from office of pool members
2.4.47. Acting senior chairperson
2.4.48. Allocation of work amongst the Boards
2.4.49. Oath of office
2.4.49A.Member unable to perform duties
2.4.50. Decisions of Board
2.4.51. Reviews
2.4.52. Determination of Board
2.4.53. Review of Secretary's decision not to appoint
2.4.53A.Review of Secretary's decision not to re-employ
2.4.54. Review of appointment of principal
2.4.55. Relevant criteria

Division 8--Termination due to incapacity

2.4.56. Termination due to physical or mental incapacity
2.4.57. Appeal to Merit Protection Board

Division 9--Dismissal and suspension

2.4.58. Dismissal of disqualified and unregistered teachers
2.4.59. Suspension and dismissal of unregistered teachers

Division 9A--Unsatisfactory performance

2.4.59A.Definitions
2.4.59B.Secretary to establish procedures for the purposes of this Division
2.4.59C.Defects in procedures will not invalidate determinations
2.4.59D.Secretary's options on receiving a report
2.4.59E.Notice to employee relating to determination
2.4.59F.Determination of Secretary
2.4.59G.Notice of determination
2.4.59H.Conduct dealt with under this Division cannot form basis for Division 10 action

Division 10--Misconduct

2.4.60. Grounds for action
2.4.61. Action against employee
2.4.61A.Secretary may terminate employee for serious misconduct
2.4.62. Procedures for investigation and determination of allegations
2.4.63. Setting aside etc. of conviction or finding of guilt
2.4.64. Suspension from duty
2.4.65. Investigation
2.4.66. Employee may make submissions
2.4.67. Secretary need not hold oral hearing

Division 10A--Appeals against determinations under Divisions 9A and 10

2.4.68. Appeal
2.4.69. Reinstatement and payments after allowance of appeal against termination
2.4.70. Address for service

Division 11--Disciplinary Appeals Boards

2.4.71. Senior chairperson
2.4.72. Establishment of Disciplinary Appeals Boards
2.4.73. Membership of Boards
2.4.74. Terms and conditions of appointment of members
2.4.75. Resignation and removal from office
2.4.76. Allocation of work
2.4.77. Oath of office
2.4.78. Member unable to perform duties
2.4.79. Decisions of Board
2.4.80. Conduct of proceedings

Division 12--General

2.4.81. Medical examination
2.4.82. Immunity
2.4.83. Publication requirements

PART 2.5--VICTORIAN CURRICULUM AND ASSESSMENT AUTHORITY

Division 1--Preliminary

2.5.1. Definitions

Division 2--Victorian Curriculum and Assessment Authority

2.5.2. Establishment of Authority
2.5.3. Functions of Authority
2.5.4. Cancellation or alteration of statements
2.5.5. Powers of Authority
2.5.6. Membership of Authority
2.5.7. Establishment of committees
2.5.8. Schedule 2
2.5.9. Delegation of Authority's power
2.5.10. Victorian Curriculum and Assessment Authority Fund

Division 3--Assessments and assessment reviews

2.5.11. Special provision in assessments
2.5.12. Authority may investigate certain matters
2.5.13. Decision on report
2.5.14. Assessment may be withheld pending decision
2.5.15. Notice of hearing
2.5.16. Procedure of review committee
2.5.17. Cross-examination of witnesses
2.5.18. Legal representation
2.5.19. Decision of review committee
2.5.20. Notification of decision
2.5.21. Student may appeal against school decisions etc.
2.5.21A.Review of reprimand by nominated appeals committee member
2.5.22. Review by appeals committee
2.5.23. Appointment of appeals committee
2.5.24. Notification of alteration of record of student assessment

PART 2.6--VICTORIAN INSTITUTE OF TEACHING

Division 1--Preliminary

2.6.1. Definitions

Division 2--Victorian Institute of Teaching

2.6.2. Continuation of existing Institute
2.6.3. Functions of Institute
2.6.4. Powers of Institute
2.6.5. Ministerial advice and approvals
2.6.6. Council of the Victorian Institute of Teaching
2.6.6A. Minister's recommendations of persons for appointment as members of the Council
2.6.6AB.Nominations for recommendation for appointment of members to the Council
2.6.6AC.Minister may decline nominations
2.6.6AD.Insufficient eligible nominations
2.6.6AE.Minister may designate nominating organisation in certain circumstances
2.6.6B. Minister must consider certain persons for appointment as members of the Council
2.6.6C. Governor to appoint Deputy Chairperson

Division 2A--Initial teacher education program approval process

2.6.6D. Application for approval or variation of approval
2.6.6E. Approval by Institute
2.6.6F. Application for renewal and approval of renewal by Institute
2.6.6G. Institute may impose, vary or revoke conditions on approval
2.6.6H. Revocation of approval of initial teacher education program
2.6.6I. Enrolled students not disadvantaged by revocation
2.6.6J. Request for provision of further information
2.6.6K. Institute to have regard to relevant advice regarding initial teacher education programs
2.6.6L. Publication in relation to compliance of providers

Division 2B--Pathway program approval process

2.6.6M. Requirements, criteria and standards for pathway programs
2.6.6N. Application for approval or variation of approval
2.6.6O. Approval by Institute
2.6.6P. Application for renewal and approval of renewal by Institute
2.6.6Q. Institute may impose, vary or revoke conditions on approval
2.6.6R. Revocation of approval of pathway program
2.6.6S. Enrolled students not disadvantaged by revocation
2.6.6T. Request for provision of further information
2.6.6U. Publication in relation to compliance of providers
2.6.6V. Institute to have regard to relevant advice regarding pathway programs

Division 2C--Continuing education programs

2.6.6W. Requirements, criteria and standards for continuing education programs
2.6.6X. Application for, or variation of, endorsement of continuing education programs
2.6.6Y. Endorsement by Institute
2.6.6Z. Application for renewal of endorsement by Institute
2.6.6ZA.Institute may impose, vary or revoke conditions on endorsement
2.6.6ZB.Revocation of endorsement of continuing education program
2.6.6ZC.Institute to have regard to relevant advice regarding continuing education programs
2.6.6ZD.Publication in relation to compliance of providers

Division 3--Registration of teachers

2.6.7. Application for registration
2.6.8. Qualification for registration as a teacher
2.6.9. Registration as a teacher
2.6.10. Provisional registration
2.6.11. Non-practising registration
2.6.12. Interim registration

Division 3A--Registration of early childhood teachers

2.6.12A.Application for registration
2.6.12B.National criminal history checks and information and testing—registered teachers and applications for registration under Division 3 and this Division
2.6.12C.Qualification for registration as an early childhood teacher
2.6.12D.Registration as an early childhood teacher
2.6.12E.Provisional registration as an early childhood teacher
2.6.12F.Non-practising registration as an early childhood teacher
2.6.12G.Interim registration

Division 4--Permission to teach

2.6.13. Application for permission to teach
2.6.13A.National criminal history checks and information—registered early childhood teachers and applicants for registration under Division 3A and this Division
2.6.14. Permission to teach

Division 5--General provisions

2.6.14A.Notice of intention to refuse, renew or reinstate registration under grounds relating to a category A offence or a category B offence
2.6.15. Entitlement of applicant to make submissions
2.6.16. Notification of outcome of application
2.6.17. Duration, renewal, reinstatement and extension of registration
2.6.18. Application for renewal of registration
2.6.18A.Reinstatement of registration in certain circumstances
2.6.18B.Checks to be conducted in respect of applicant for reinstatement
2.6.18C.VIT may request information about criminal records of applicant for reinstatement of registration
2.6.18D.Grant of reinstatement of registration
2.6.19. Refusal to renew or reinstate registration
2.6.20. Registration obtained by fraud
2.6.21. Annual fees
2.6.21A.Change in teacher's name or correspondence address must be notified
2.6.21B.Disclosure and collection of information

Division 6--Criminal record and history checks

2.6.22. Criminal record checks
2.6.22A.National criminal history checks
2.6.23. VIT may request information about criminal records of registered teacher

Division 7--The Register of Registered Teachers

2.6.24. The Register of Registered Teachers
2.6.25. Publication of Register of Registered Teachers
2.6.26. Use of certificate as evidence

Division 7A--Details of teachers and early childhood teachers

2.6.26A.Institute may request details of teachers in schools
2.6.26AB.Teacher must notify Institute of change to employer
2.6.26B.Institute may request details of early childhood teachers in early childhood services
2.6.26C.Early childhood teacher must notify Institute of change to employer
2.6.26D.Secretary may disclose information to Institute
2.6.26E.Institute may disclose information about child-related work to Secretary

Division 8--Suspension of registration

2.6.27. Institute may suspend registration under this Part
2.6.27A.Notice of intended suspension of registration
2.6.27B.Submissions or information lodged with Institute
2.6.27C.Institute must take into account submissions or information
2.6.27D.Notice of suspension of registration
2.6.27E.Effect and validity of suspension
2.6.27F.Suspension remains in force
2.6.27G.Revocation of suspension

Division 8A--Interim suspension of registration

2.6.28. Institute may suspend registration where unacceptable risk of harm to children
2.6.28A.Notice of interim suspension of registration
2.6.28B.Institute must notify persons of interim suspension
2.6.28C.Cessation of interim suspension of registration
2.6.28D.Person subject to interim suspension may make submissions to Institute
2.6.28E.Periodic review of interim suspension
2.6.28F.Notice of determination to continue interim suspension
2.6.28G.Revocation of interim suspension
2.6.28H.Notice of revocation of interim suspension

Division 9--Cancellation of registration

2.6.29. Cancellation of registration held under this Part

Division 9A--Voluntary suspension or cancellation of registration

2.6.29A.Request for conditions on or suspension of registration
2.6.29B.Agreements to amend, vary or revoke conditions or revoke suspensions
2.6.29BA.Discretion to record suspension or condition in Register of Disciplinary Action
2.6.29C.Cancellation by agreement
2.6.29D.Notifications to Secretary

Division 10--Notifications and complaints about registered teachers

2.6.30. Notifications to Institute concerning actions against registered teachers
2.6.30A.Person or body may make a complaint to Institute

Division 10A--Preliminary assessments

2.6.31. Institute to conduct preliminary assessment
2.6.32. Outcome of preliminary assessment

Division 11--Investigations

2.6.33. Conduct of investigation
2.6.33A.Investigation following suspension
2.6.33AB.Investigation without notification or complaint
2.6.33AC.Institute or employer may conduct investigation
2.6.33B.Institute to give written notice of an investigation
2.6.33C.Powers of investigator
2.6.33D.Investigation to be conducted expeditiously
2.6.34. Outcome of investigation
2.6.35. Institute may determine to conduct a hearing

Division 11A--Health assessments

2.6.35A.Definitions
2.6.35B.Health assessments
2.6.35C.Report of health assessment
2.6.35D.Refusal to attend or cooperate
2.6.35E.Health assessments required by a medical panel

Division 12--Hearing panel hearings

2.6.35F.Pool of approved persons who may sit on hearing panels
2.6.36. Establishment and notification of an informal hearing
2.6.37. Constitution of informal hearing panel
2.6.38. Notice of an informal hearing
2.6.39. Conduct of an informal hearing
2.6.40. Findings and determinations of an informal hearing
2.6.41. Change of informal hearing to formal or medical panel hearing during course of hearing
2.6.41A.Appointment and notification of medical panel hearing
2.6.41B.Constitution of medical hearing panel
2.6.41C.Notice of medical panel hearing
2.6.41D.Conduct of a medical panel hearing
2.6.41E.Findings and determinations of medical panel hearing
2.6.41EA.Findings on referral by formal panel
2.6.41F.Referral to a health assessment
2.6.41G.Referral to formal hearing
2.6.42. Establishment and notification of formal hearing
2.6.43. Constitution of a hearing panel for a formal hearing
2.6.44. Notice of a formal hearing
2.6.45. Conduct of a formal hearing
2.6.45A.Panel may adjourn hearing
2.6.46. Findings and determinations of a formal hearing

Division 13--General provisions relating to investigations, hearings and determinations

2.6.47. Preliminary assessment, investigation or hearing may continue even if person no longer registered
2.6.48. Procedure at hearing panel hearings
2.6.49. Determinations
2.6.49A.Publication of determinations of formal hearing panels
2.6.50. Notice of cancellations and determinations of panel
2.6.51. Notifications
2.6.52. Offence to publish or broadcast information identifying a complainant or contravening a determination of the panel
2.6.53. Enforcement of determination
2.6.54. Revocation of suspension

Division 13A--Register of Disciplinary Action

2.6.54A.The Register of Disciplinary Action
2.6.54B.Institute to maintain the Register of Disciplinary Action
2.6.54C.What the Register must contain
2.6.54D.Which particulars must not be recorded on the Register of Disciplinary Action
2.6.54E.Institute may decide that particulars be removed from or excluded from the Register of Disciplinary Action
2.6.54F.At what time can particulars be recorded in the Register
2.6.54G.Retention period of particulars contained in Register of Disciplinary Action
2.6.54H.Removal of particulars contained in Register of Disciplinary Action
2.6.54J.Updating and correcting particulars contained in the Register of Disciplinary Action

Division 13B--Suspension of registration under this Part

2.6.54K.Effect of suspension of registration

Division 14--Review by VCAT

2.6.55. Review by VCAT

Division 15--Offences

2.6.56. Unregistered teachers
2.6.56A.Unregistered early childhood teachers
2.6.56B.Offence to employ unregistered person for early childhood teacher requirements
2.6.57. Provision of information by teachers
2.6.58. False representation
2.6.59. Return of document
2.6.60. Proceedings

Division 15A--Early childhood service exemptions and temporary approvals

2.6.60A.Secretary may exempt early childhood service from funding requirements for registered early childhood teacher
2.6.60B.Application for a temporary approval to be employed or engaged as an early childhood teacher
2.6.60C.Grant of temporary approval
2.6.60D.Duration and conditions of temporary approvals
2.6.60E.Revocation of exemptions and temporary approvals
2.6.60F.Provision of information to the Secretary

Division 16--The Council--Administration

2.6.61. Schedule 2
2.6.62. Resignation and removal
2.6.64. Acting members
2.6.65. Institute staff
2.6.66. Establishment of committees or bodies to act as delegates of Council
2.6.67. Delegation
2.6.68. Accreditation Committee
2.6.70. Membership of committees and bodies
2.6.71. Terms of office
2.6.72. Resignation and removal
2.6.73. Payment of members
2.6.74. Procedure of committee, panel or body
2.6.75. Effect of vacancy or defect
2.6.76. Immunity

Division 17--The Council--Finances

2.6.77. Fees
2.6.77A.Fixing of fees for second registrations
2.6.78. Victorian Institute of Teaching Fund

Division 18--Colleges

2.6.79. Establishment of Colleges

PART 2.6A--VICTORIAN ACADEMY OF TEACHING AND LEADERSHIP

2.6A.1. Definitions
2.6A.2. Establishment of the Academy
2.6A.3. Common seal
2.6A.4. Objectives of the Academy
2.6A.5. Functions of the Academy
2.6A.6. Powers of the Academy
2.6A.7. Board of the Academy
2.6A.8. Establishment of committees
2.6A.9. Provision and publication of advice by Academy
2.6A.10.Fees charged by the Academy
2.6A.11.Schedule 2

PART 2.7--STATE FUNDING FOR NON‑GOVERNMENT SCHOOLS

Division 1--Preliminary

2.7.1. Intent of Part

Division 2--Funding for non‑Government schools

2.7.3. Minister may provide funding to non-Government schools
2.7.4. Minimum amount of funding for non-Government schools
2.7.5. Payment of funding
2.7.6. Minister may have regard to needs of schools and students
2.7.7. Conditions of funding
2.7.8. Accountability and reporting

Division 3--School Policy and Funding Advisory Council

2.7.9. Establishment
2.7.10. Function
2.7.11. Membership
2.7.12. Further provisions for School Policy and Funding Advisory Council

Division 4--Review of Part

2.7.13. Review of Part

PART 2.8--DEBT RECOVERY ARRANGEMENTSRELATING TO COMMONWEALTH FUNDING FOR SCHOOLS

2.8.1. Definitions
2.8.2. Debt recovery arrangements relating to Commonwealth funding for schools
2.8.3. Debt enforceable despite certain circumstances

PART 3.1--VOCATIONAL EDUCATION AND TRAINING

Division 1--Government funded vocational education and training

3.1.1. Application of Division
3.1.2. VET funding
3.1.3. Provisions in VET funding contracts
3.1.4. Monetary amounts in VET funding contracts
3.1.5. Specific performance
3.1.6. Requirements of VET funding contracts for the benefit of students
3.1.7. Right of entry to monitor VET funding contracts

Division 2--TAFE institutes

3.1.11. TAFE institutes and boards
3.1.12. TAFE institute is a body corporate
3.1.12A.Objectives of TAFE institutes
3.1.12B.Functions of TAFE institutes
3.1.12C.Powers of TAFE institutes
3.1.12D.Borrowing and investment by TAFE institutes
3.1.12E.TAFE institute to keep books and accounts
3.1.13. Functions of TAFE institute boards
3.1.14. Powers of TAFE institute boards
3.1.15. Accountability of TAFE institute boards
3.1.16. Board directorship
3.1.16A.Chairperson of board—appointment and removal
3.1.17. Schedule 2
3.1.18. Removal of directors
3.1.18A.Strategic plans
3.1.18B.When statement of corporate intent to be prepared
3.1.18C.Content of statement of corporate intent
3.1.19. Reserve powers of Minister
3.1.20. Notice of proposal
3.1.21. Appointment of administrator
3.1.22. Saving of acts of board
3.1.23. Employment of staff
3.1.24. Minister may object to appointment of chief executive officer
3.1.25. Schedule 3
3.1.26. Chief executive officer
3.1.26A.Use of the term "TAFE" or "technical and further education"
3.1.26B.Injunction to prevent or restrain a contravention

PART 3.2--HIGHER EDUCATION

Division 1--Student fees, subscriptions and charges

3.2.1. Definition
3.2.2. Application of Division
3.2.3. Provision for declining automatic membership of a student organisation
3.2.4. Students who do not join student organisation
3.2.5. Limitation on powers to spend funds from compulsory non‑academic fees etc.
3.2.6. Voluntary fees held on trust
3.2.7. Offence
3.2.8. Statement about compulsory fees etc.

Division 2--Incorporation of Councils

3.2.9. Application
3.2.10. Post-secondary education institutions
3.2.11. Incorporation of Councils
3.2.12. Award of degrees or diplomas

PART 3.3--ADULT, COMMUNITY AND FURTHER EDUCATION

Division 1--Preliminary

3.3.1. Definitions

Division 2--Adult, Community and Further Education Board

3.3.2. The Adult, Community and Further Education Board
3.3.3. Functions of the Board
3.3.4. Powers of the Board
3.3.5. Board to consult
3.3.6. Financial powers
3.3.10. Membership of the Board
3.3.11. Schedule 2
3.3.12. Committees of the Board
3.3.13. General Manager of the Board

Division 3--Delegations

3.3.14. Delegations by the Board
3.3.15. Delegations by the General Manager

Division 4--Regions of adult, community and further education

3.3.16. Regions
3.3.17. Regional Councils
3.3.18. Functions of Regional Councils
3.3.19. Powers of Regional Councils
3.3.20. Accountability
3.3.21. Membership of Regional Councils
3.3.22. Terms and conditions of office of members
3.3.23. Meetings of Councils

Division 5--AMES Australia

3.3.26. Establishment of AMES Australia
3.3.28. AMES Australia and the Board of AMES Australia
3.3.29. AMES Australia is a body corporate
3.3.29A.Objectives of AMES Australia
3.3.29B.Functions of AMES Australia
3.3.29C.Powers of AMES Australia
3.3.29D.Borrowing and investment by AMES Australia
3.3.30. Functions of the Board of AMES Australia
3.3.31. Powers of the Board of AMES Australia
3.3.32. Accountability of the Board of AMES Australia
3.3.33. Membership of the Board of AMES Australia
3.3.34. Removal from office of members
3.3.34A.Strategic plans
3.3.34B.When is a statement of corporate intent to be prepared
3.3.34C.Content of statement of corporate intent
3.3.35. Reserve powers of Minister
3.3.36. Notice of proposal
3.3.37. Appointment of administrator
3.3.38. Saving of acts of Board of AMES Australia
3.3.39. Schedule 2
3.3.40. Employment of staff
3.3.41. Minister may object to chief executive officer appointment
3.3.42. Staff conditions
3.3.43. Chief executive officer of AMES Australia

PART 4.1--PRELIMINARY

4.1.1. Interpretation

PART 4.2--VICTORIAN REGISTRATION AND QUALIFICATIONS AUTHORITY

4.2.1. Establishment of Authority
4.2.2. Functions of Authority
4.2.3. Powers of Authority
4.2.4. Membership of Authority
4.2.5. Schedule 2
4.2.6. Director's responsibilities
4.2.7. Delegation of Authority's power
4.2.8. Victorian Registration and Qualifications Authority Fund
4.2.9. Power to notify students about education and training organisations

PART 4.3--REGISTRATION OF STUDENTS AND PROVIDERS

Division 1--Schools

4.3.1. Requirements for registration
4.3.1A. Authority may assess the financial capability of registered non-Government schools
4.3.2. Compliance with standards for registration
4.3.3. Review of operations of schools by Authority
4.3.3A. Undertakings by school
4.3.3B. Copy of undertaking
4.3.3C. Register of undertakings
4.3.3D. Authority may apply for Court order if undertaking breached
4.3.3E. Interim condition may be imposed on school before review completed
4.3.3F. Interim condition to be reviewed at completion of review
4.3.3G. Procedure after decision to take action in respect of school
4.3.4. Action after review of a registered school
4.3.4A. Authority may suspend or cancel registration of school in other circumstances
4.3.4B. Authority must give notice to school of action
4.3.5. Reports relating to registered schools
4.3.6. Notice of registration to be displayed
4.3.7. Attendance register in registered schools
4.3.8. Register of schools
4.3.8A. Authority may issue guidelines

Division 1A--Registration of school boarding premises

4.3.8B. Application for registration of school boarding premises
4.3.8C. Authority must not register school boarding premises unless satisfied of certain matters
4.3.8D. Conditions of registration
4.3.8E. Authority may assess the financial capability of providers of school boarding services at registered non-government school boarding premises
4.3.8F. Compliance with minimum standards for registration of school boarding premises
4.3.8G. General review of operation of registered school boarding premises by Authority
4.3.8H. Specific review of operation of registered school boarding premises by Authority
4.3.8J. Undertakings by provider of school boarding services
4.3.8K. Copy of undertaking
4.3.8L. Register of undertakings
4.3.8M. Authority may apply for Court order if undertaking breached
4.3.8N. Interim condition may be imposed on registered school boarding premises before review completed
4.3.8O. Interim condition on school boarding premises to be reviewed at completion of review
4.3.8P. Procedure after decision to take action in respect of registered school boarding premises
4.3.8Q. Action after review of a registered school boarding premises
4.3.8R. Authority may suspend or cancel registration of school boarding premises in other circumstances
4.3.8S. Authority must give notice to provider of school boarding services of action
4.3.8T. Provider of school boarding services must give notice of action taken in relation to school boarding premises to students' parents
4.3.8U. Authority to notify parents of its actions if provider does not notify them
4.3.8V. Reports relating to registered school boarding premises
4.3.8W. Notice of registration of school boarding premises to be displayed
4.3.8X. Providers of school boarding services must keep record of location of students
4.3.8Y. Register of school boarding premises
4.3.8Z. Authority may issue guidelines

Division 2--Registration of students for home schooling

4.3.9. Authority to register students for home schooling

Division 3--School sector registration

4.3.9A. Application of Division
4.3.10. Registration of education and training organisations
4.3.11. Criteria for registration
4.3.12. Terms of registration

Division 4--Nationally recognised vocational education and training

4.3.12A.Intent of Division
4.3.13. Application of Division
4.3.14. Registration and national effect of registration
4.3.15. Applying for registration
4.3.16. Decision about registration
4.3.17. Registration conditions
4.3.17A.The Authority may extend the 12 month period regarding an RTO's management of the transition from superseded training packages
4.3.18. Term of registration
4.3.18A.Guidelines
4.3.19. Amending registration on application by registered education and training organisation
4.3.20. Removal of registered details
4.3.21. Amending, suspending or cancelling registration without application
4.3.21A.Faster action in exceptional circumstances
4.3.22. Cancelling registration on change of business operations
4.3.23. Effect of suspension of registration of RTO
4.3.24. Registering body to register amendment, suspension or cancellation
4.3.25. Audit of RTO registered by the Authority
4.3.26. Audit of RTO registered by another registering body
4.3.27. Conduct of audit
4.3.28. Powers not limited by compliance audit provisions
4.3.29. Function or power may be used to support national scheme
4.3.29A.RTO contracts taken to include fair contract terms

Division 5--Higher education

4.3.30. Approval of Universities
4.3.31. Revocation or suspension of approval of University
4.3.32. Disallowance of notices
4.3.33. Authorisation to conduct higher education courses
4.3.34. Suspension or cancellation of authorisation
4.3.35. Review of operations of universities, institutions

Division 6--Approval to exercise delegated powers

4.3.36. Approvals to enable delegation of powers

Division 7--Reserve step-in powers

4.3.38. Definitions
4.3.39. Displacement of other laws
4.3.40. Notices relating to appointment of external administrator under Corporations Act
4.3.41. Application for order for judicial administration
4.3.42. Order for judicial administration
4.3.43. Commencement of judicial administration
4.3.44. Appointment of judicial administrator
4.3.45. Remuneration of judicial administrator
4.3.46. Administration to vest in judicial administrator
4.3.47. Powers and duties of judicial administrator
4.3.48. Supreme Court's control of judicial administrator
4.3.49. Application by Authority for instructions to judicial administrator
4.3.50. Request by Authority for information
4.3.51. Duration of judicial administration
4.3.52. Effect of cancellation or ending of judicial administration
4.3.53. How judicial administrator is to administer

PART 4.4--ACCREDITATION AND QUALIFICATIONS

Division 1--Investigation and accreditation

4.4.1. Investigation of a course or part of a course by Authority
4.4.2. Accreditation of a course or part of a course
4.4.3. Cancellation or suspension of accreditation
4.4.4. Review of higher education courses

Division 2--Qualifications

4.4.5. Who can issue qualifications?

PART 4.5--OVERSEAS STUDENTS

4.5.1. Approval to provide courses for overseas students
4.5.2. Process for approval
4.5.3. Suspension or cancellation of approval
4.5.4. Review of operations of institutions and courses
4.5.5. Faster action in exceptional circumstances

PART 4.5A--OVERSEAS EXCHANGE STUDENTS

4.5A.1. Approval of overseas secondary student exchange organisations
4.5A.2. Conditions of approval
4.5A.3. Application for approval
4.5A.4. Duration and renewal of approval
4.5A.5. Application for renewal of approval
4.5A.6. Suspension or cancellation of approval

PART 4.6--STATE REGISTER

4.6.1. State Register
4.6.2. Division of education and training organisations
4.6.3. Division of Higher Education
4.6.4. National registration

PART 4.6A--COMPLAINT HANDLING AND DISPUTE RESOLUTION

Division 1--Handling of complaints by RTOs

4.6A.1. Definition of RTO in this Division
4.6A.2. Complaint handling process
4.6A.3. Register of complaints
4.6A.4. Access to register of complaints
4.6A.5. RTO must keep complete records of complaints
4.6A.5A.Referral of complaint under approved scheme if not resolved by RTO
4.6A.5B.Approval of dispute resolution and student welfare scheme
4.6A.5C.RTO must disclose whether member of dispute resolution and student welfare scheme
4.6A.6. Student may make complaint to Authority

Division 2--Investigation of complaints by Authority

4.6A.7. Person may make a complaint to Authority
4.6A.8. Authority must investigate a complaint

PART 4.7--OFFENCES

4.7.1. Unregistered schools
4.7.1A. Person may not conduct an unregistered school boarding premises
4.7.2. Offences by unregistered persons
4.7.3. Offence in relation to accredited courses
4.7.4. Offences in relation to courses and qualifications
4.7.5. Offence to falsely claim to be an RTO
4.7.6. Only approved universities to operate in Victoria
4.7.7. Accreditation and authorisation of courses required
4.7.8. Offence to falsely claim to provide an accredited course
4.7.9. Offence in relation to qualifications
4.7.10. RTO must keep certain information or documents available for inspection
4.7.11. False or misleading information
4.7.12. RTO must keep student records

PART 4.8--REVIEW BY VCAT

4.8.1. Review by VCAT

PART 4.9--INFORMATION AND EVIDENCE

4.9.1. Publication of registers
4.9.2. Certificate prima facie evidence
4.9.3. False representation
4.9.4. Information may be made available

PART 5.1--ADMINISTRATION

5.1.1. Department
5.1.2. Supply of information

PART 5.2--MINISTER'S POWERS

5.2.1. Minister's general powers
5.2.2. Minister's powers about multi-sector arrangements
5.2.3. Minister's powers to acquire land
5.2.4. Powers of the Minister as to leases and other arrangements relating to land
5.2.5. Minister's power over reserved Crown lands
5.2.6. Vesting of land in Minister administering this Act
5.2.7. Agreements and arrangements concerning use of property
5.2.8. Minister's powers for off shore education services
5.2.9. Delegations by Minister
5.2.9A. Delegation of Minister's powers
5.2.10. Establishment of bodies to advise Minister
5.2.11. Minister's powers to require financial agreements
5.2.13. Minister's powers to fix fees

PART 5.3--SECRETARY'S FUNCTIONS AND POWERS

5.3.1. Secretary's powers of employment
5.3.2. Secretary's other functions and powers
5.3.3. Delegation of Secretary's powers
5.3.4. Secretary may request criminal record check of employee
5.3.5. Effectiveness and efficiency review

PART 5.3A--VICTORIAN STUDENT NUMBERS AND STUDENT REGISTER

Division 1--Introductory

5.3A.1. Definitions
5.3A.2. Application of Part

Division 2--Victorian student numbers and the Student Register

5.3A.3. Requirements for allocation or verification of Victorian student numbers
5.3A.4. Information to be provided to Secretary
5.3A.5. Secretary must allocate or verify Victorian student number
5.3A.6. Secretary to notify provider or Authority of Victorian student number
5.3A.7. Secretary must establish Student Register
5.3A.8. Secretary to maintain Student Register

Division 3--Access, use or disclosure of Victorian student numbers and related information

5.3A.9. Authorisations for use of Victorian student numbers or related information
5.3A.9A.Secretary to have regard to guidelines when giving or revoking an authorisation
5.3A.10.Authorised users must act in accordance with Division 3 of Part 5.3A
5.3A.10A.Guidelines
5.3A.10B.Authorised users must comply with guidelines
5.3A.10C.Application of Privacy and Data Protection Act 2014 to certain authorised users
5.3A.11.Student, parent or guardian may access Student Register information
5.3A.12.Secretary to provide copy of information to students, parents or guardians
5.3A.13.Student may use or disclose his or her Victorian student number
5.3A.14.Prohibition on Secretary's use or disclosure
5.3A.15.False representation

Division 4--Implementation of allocation of Victorian student numbers

5.3A.16.Definition
5.3A.17.Secretary to allocate current students with Victorian student numbers
5.3A.18.Secretary may request information relating to students
5.3A.19.Appointed days for application of section 5.3A.3 to providers

PART 5.4--WORKPLACE LEARNING

Division 1--Work experience and structured workplace learning arrangements

5.4.1. Definitions
5.4.2. Application of Division in relation to work experience and structured workplace learning arrangements
5.4.3. Work experience arrangements
5.4.4. Orders about work experience arrangements
5.4.5. Structured workplace learning arrangements
5.4.6. Orders about structured workplace learning
5.4.7. Conditions of employment under work experience arrangements
5.4.8. Conditions of employment under structured workplace learning arrangements
5.4.9. Payment
5.4.10. Duty of care
5.4.11. Application of certain laws if employment is for work experience
5.4.12. Arrangements for students from interstate

Division 2--Practical placement

5.4.13. Definitions
5.4.14. Practical placement agreements
5.4.15. Determination about the placement of post‑secondary students
5.4.16. Payment
5.4.17. Suspension of conditions for students
5.4.18. Duty of care
5.4.19. Application of certain laws where employment is to gain work experience or training

Division 3--Minimum terms and conditions for students

5.4.20. Orders about non-payment for work

PART 5.5--APPRENTICES

Division 1--Preliminary

5.5.1. Definitions

Division 2--Training schemes

5.5.2. Training schemes
5.5.3. Certain provisions do not apply to certain vocations

Division 3--State training and employment provisions

5.5.4. State training and employment provisions
5.5.5. Training and employment agreements to accord with Schedule 4

Division 4--Training contracts

5.5.6. Employer must have Authority's approval to enter into a training contract with an apprentice
5.5.7. Procedure for approval
5.5.8. Employer's obligations under a training contract
5.5.9. Apprentice's obligations under a training contract
5.5.10. Approval of training contracts
5.5.11. Parties to training contract
5.5.12. Execution of training contract
5.5.13. Apprentice to be enrolled in training
5.5.14. Term of a training contract
5.5.15. Cancellation, suspension or variation of a training contract
5.5.16. Suspension or cancellation of a training contract if insufficient employment available
5.5.17. Authority to determine grievances in certain circumstances
5.5.18. Associations of employers may employ apprentices
5.5.19. Partnerships

Division 5--Approved training agents

5.5.20. Approved training agents
5.5.21. Delegations to approved training agents
5.5.22. Review of decisions of approved training agents

Division 6--General

5.5.23. Register of apprentices
5.5.24. Subsidies
5.5.25. Fees for certificates
5.5.26. Information sharing

PART 5.6--VOLUNTEER WORKERS COMPENSATION

5.6.1. Definitions
5.6.2. Compensation for personal injuries
5.6.2A. Cessation of benefits
5.6.3. Compensation for damage to property
5.6.4. Jurisdiction
5.6.5. Authority to represent Crown
5.6.6. Payments
5.6.7. Recovery from third parties
5.6.8. Compensation for property damage and expenses to be paid from Consolidated Fund
5.6.9. Offence

PART 5.7--SCHOLARSHIPS

5.7.1. Scholarships at Government schools
5.7.2. Minister's powers to grant scholarships

PART 5.7A--MILDURA SCHOOLS LAND

Division 1--Introductory

5.7A.1. Purpose of this Part
5.7A.2. Definitions
5.7A.3. Mildura schools land
5.7A.4. Land purchased under this Part to vest in the Minister administering this Part
5.7A.5. Variation to Mildura schools land by Order
5.7A.6. First Order declaring beneficiary schools
5.7A.7. Further Orders varying beneficiary schools
5.7A.8. Orders to be tabled in Parliament

Division 2--Dealings with Mildura schools land

5.7A.9. Power of Minister to lease Mildura schools land
5.7A.10.Rent to be determined on basis of valuation of land
5.7A.11.Valuation of land to include value of improvements
5.7A.12.Leaseholder may apply for review to VCAT
5.7A.13.Ownership of improvements on leased land
5.7A.14.Power of Minister to grant easements over Mildura schools land
5.7A.15.Minister holds Mildura schools land on trust for sale
5.7A.16.Power of Minister to purchase additional land
5.7A.17.Power of Minister to subdivide or consolidate land

Division 3--Distribution and use of rents and profits

5.7A.18.Power of Minister to enter agreement with trustee
5.7A.19.Agreement to provide for establishment of funds for rents and profits
5.7A.20.Agreement to provide for costs to be paid out of funds
5.7A.21.Agreement to provide for money in funds to be distributed to beneficiary schools
5.7A.22.School councils may recommend that distribution of income be varied
5.7A.23.Agreement to provide for reports by trustee company
5.7A.24.Distribution amount to be paid to school
5.7A.25.Use of distributed money by school councils and governing bodies

Division 4--Proceeds derived from disposition of land or creation of easement over land

5.7A.26.Proceeds of dispositions of land and easements to be paid into special fund
5.7A.27.Income derived from proceeds treated as rent and profits
5.7A.28.Division has effect despite contrary law

PART 5.8--ENFORCEMENT

Division 1--Appointment of authorised officers

5.8.1. Authorised officers
5.8.2. Identification
5.8.2A. Authorised officer must return identity card to Authority
5.8.2AB.Complaints against authorised officers

Division 2--Enforcement powers that do not relate to RTOs

5.8.2B. Application of this Division
5.8.3. Powers of authorised officers
5.8.3AA.Receipt must be given for any thing seized
5.8.3AB.Copies of seized documents
5.8.3AC.Retention and return of seized documents or things
5.8.3AD.Magistrates' Court may extend 3-month period

Division 3--Enforcement powers relating to RTOs

5.8.3A. Application of Division
5.8.3B. Definitions
5.8.3C. Warning notice to public about RTO
5.8.3D. Authorised officers defined for this Subdivision
5.8.3E. Production of identity card
5.8.3F. Searches of premises to monitor compliance with a relevant law
5.8.3G. Entry and search of relevant premises with consent if alleged contravention
5.8.3H. Procedure for obtaining consent to searches under section 5.8.3F or 5.8.3G
5.8.3I. Search warrants
5.8.3J. Announcement before entry
5.8.3K. Details of warrant to be given to occupier or person
5.8.3L. Seizure of things not mentioned in the warrant
5.8.3M. Receipt must be given for any thing seized
5.8.3N. Copies of seized documents
5.8.3O. Retention and return of seized documents or things
5.8.3P. Magistrates' Court may extend 3 month period
5.8.3Q. Requirement to assist authorised officer during entry
5.8.3R. Refusal or failure to comply with requirement
5.8.3S. Protection against self-incrimination
5.8.3T. Offence to give false or misleading information
5.8.3V. Undertakings
5.8.3W. Copy of undertaking
5.8.3X. Register of undertakings
5.8.3Y. Authority may apply for Court order if undertaking breached
5.8.3YA.Injunctions to restrain conduct
5.8.3YB.Injunctions to do an act or thing
5.8.3YC.Interim injunctions
5.8.3YD.Power to rescind or vary injunctions
5.8.3YE.Other powers of the County Court or the Magistrates' Court unaffected
5.8.3Z. Infringements

Division 4--General

5.8.4. Offence to hinder, obstruct or delay an authorised officer
5.8.5. Authority to provide information to school attendance officers
5.8.6. Proceedings for offences
5.8.7. Offences by a body corporate etc.
5.8.7A. Conduct by officers, employees or agents
5.8.8. Evidentiary
5.8.9. Evidence

Division 5--Notices to produce

5.8.10. Notice to produce
5.8.11. Application to Court
5.8.12. Civil penalty
5.8.13. Injunctions
5.8.14. Interim injunctions
5.8.15. Offence to fail to comply with notice to produce
5.8.16. Infringement notices

Division 6--Notices to comply

5.8.17. Application of Division
5.8.18. Notice to comply
5.8.19. Application to court
5.8.20. Civil penalty
5.8.21. Injunctions
5.8.22. Offence to fail to comply with notice to comply

Division 7--Pending criminal or civil proceedings

5.8.23. Pending criminal or civil proceedings

Division 8--Official warnings

5.8.24. Official warnings

Division 9--Enforceable undertakings

5.8.25. Application of Division
5.8.26. Enforceable undertakings
5.8.27. Copy of undertaking
5.8.28. Register of undertakings
5.8.29. Authority may apply for Court order if undertaking breached

Division 10--Adverse publicity orders

5.8.30. Court may make adverse publicity order

Division 11--Publication of non-compliance

5.8.31. Authority may publish details of non-compliance

Division 12--Review by VCAT

5.8.32. Review by VCAT

PART 5.8A--HARMFUL ITEMS

5.8A.1. Definitions
5.8A.2. Declaration of certain harmful items
5.8A.3. Power to search for harmful items
5.8A.4. Powers to seize harmful items
5.8A.5. Action to be taken after search or seizure
5.8A.6. Teacher may be authorised to search for or seize harmful items
5.8A.7. Powers are additional

PART 5.9--GENERAL

5.9.1. Delegation
5.9.2. Disposal of land of non-vested schools
5.9.3. Supreme Court—limitation of jurisdiction

PART 5.10--DELEGATED LEGISLATION AND OTHER SUBORDINATE INSTRUMENTS

Division 1--Regulations

5.10.1. Regulations
5.10.2. Scope of regulations
5.10.2A. Transitional regulations

Division 2--Orders in Council

5.10.3. Orders in Council

Division 3--Ministerial orders

5.10.4. Ministerial orders—general provisions
5.10.5. Ministerial Orders—special provisions
5.10.6. Ministerial Orders—disallowance

PART 6.1--REPEALS, AMENDMENTS, SAVINGS AND TRANSITIONALS

6.1.3. Transitional and saving provisions
6.1.4. Transitional provision—Teaching Service Act
6.1.5. Transitional provision—Government teaching service
6.1.6. Transitional provision—directors of TAFE institute boards
6.1.7. Transitional provision—operators of student exchange programs
6.1.8. Transitional provision—overseas exchange students
6.1.9. Transitional provisions—Education and Training Reform Further Amendment Act 2008
6.1.10. Transitional provision—Education and Training Reform Further Amendment Act 2008

Division 9A--inserted by section 12 of the Education and Training Reform Further Amendment Act 2008 may apply in respect of the conduct of an employee in the teaching service that occurred before the commencement of section 12 of that Act unless before that commencement an investigation or an inquiry under Division 10 into that conduct has been commenced.

6.1.11. Transitional provision—Education and Training Reform Further Amendment Act 2008
6.1.12. Transitional provisions—Education and Training Reform Amendment Act 2010
6.1.13. Transitional provisions—Education and Training Reform Amendment Act 2010
6.1.14. Transitional provisions—Education and Training Reform Amendment Act 2010
6.1.15. Transitional provision—Education and Training Reform Amendment Act 2010
6.1.16. Transitional provision—Education and Training Reform Further Amendment Act 2010
6.1.17. Transitional provisions—Education and Training Reform Amendment Act 2010
6.1.18. Transitional provisions—Education and Training Reform Further Amendment Act 2010
6.1.19. Transitional and savings provisions—Education and Training Reform Amendment (Skills) Act 2010
6.1.20. Transitional—Education and Training Reform Amendment (Skills) Act 2010
6.1.21. Validation of practical placement agreements by certain training organisations
6.1.22. Validation of actions of boards of TAFE institutes and adult education institutions outside of Victoria
6.1.23. Validation of work experience arrangements—student in accredited senior secondary course
6.1.24. Validation of structured workplace learning arrangements
6.1.25. Validation of practical placement agreements involving students not above compulsory school age
6.1.27. Transitional and savings provisions—the Education Legislation Amendment (VET Sector, Universities and Other Matters) Act 2012
6.1.29. Transitional and savings provisions—the Education Legislation Amendment (VET Sector, Universities and Other Matters) Act 2012
6.1.30. Transitional and savings provisions—the Education Legislation Amendment (VET Sector, Universities and Other Matters) Act 2012
6.1.31. Transitional and savings provisions—the Education Legislation Amendment (Governance) Act 2012
6.1.32. Transitional and savings provisions—the Education Legislation Amendment (Governance) Act 2012
6.1.33. Transitional and savings provisions—the Education Legislation Amendment (Governance) Act 2012
6.1.34. Transitional and savings provisions—the Education and Training Reform Amendment (Dual Sector Universities) Act 2013
6.1.35. Transitional and savings provision—the Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014
6.1.36. Transitional and savings provision—the Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014
6.1.37. Transitional and savings provision—Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014—registration of early childhood teachers
6.1.38. Transitional and savings provision—Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014—VIT Council
6.1.39. Transitional provisions—Education and Training Reform Amendment (Miscellaneous) Act 2015
6.1.40. Transitional provisions—Education Legislation Amendment (TAFE and University Governance Reform) Act 2015
6.1.41. Transitional and savings provisions—Education and Training Reform Amendment (Victorian Institute of Teaching) Act 2016
6.1.42. Transitional provision—Education and Training Reform Amendment (Miscellaneous) Act 2016
6.1.43. Transitional provisions—COVID-19 Omnibus (Emergency Measures) Act 2020
6.1.44. Transitional provisions relating to the Education and Training Reform Amendment (Regulation of Student Accommodation) Act 2020
6.1.45. Transitional provisions—Education and Training Reform Amendment (Miscellaneous) Act 2021—approved teacher education courses
6.1.46. Transitional provisions—Education and Training Reform Amendment (Miscellaneous) Act 2021—various teacher education course applications
6.1.47. Transitional provisions—Education and Training Reform Amendment (Miscellaneous) Act 2021—teacher qualifications
6.1.48. Transitional provisions—Education and Training Reform Amendment (Miscellaneous) Act 2021—provisional registration
6.1.49. Transitional provisions—Education and Training Reform Amendment (Miscellaneous) Act 2021—inquiries and investigations
6.1.50. Transitional provision—Education and Training Reform Amendment (Miscellaneous) Act 2021—standards
6.1.51. Transitional and savings provision—Education and Training Reform Amendment (Miscellaneous) Act 2021—delegations
6.1.52. Transitional and savings provision—Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Act 2021—accreditation and registration of a course or part of a course
6.1.53. Transitional and savings provision—Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Act 2021—registered school or other body licensed or permitted to provide VCAL
6.1.54. Transitional and savings provision—Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Act 2021—person, body or school registered with respect to VCAL
6.1.55. Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—membership of Adult, Community and Further Education Board
6.1.56. Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—membership of Regional Councils
6.1.57. Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—Adult Multicultural Education Services
6.1.58. Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—membership of governing board of AMES
6.1.59. Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—application for registration as a training organisation
6.1.60. Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—authorisations for access, use or disclosure of Victorian student number or related information
6.1.61. Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—application of guidelines issued by Secretary on authorisations for access, use or disclosure of Victorian student number or related information
6.1.62. Transitional provision—Education and Training Reform Amendment (Land Powers) Act 2023—references to preschool program

PART 6.2--EDUCATION AND TRAINING REFORM AMENDMENT (VICTORIAN ACADEMY OF TEACHING AND LEADERSHIP) ACT 2021--TRANSFER OF PROPERTY, RIGHTS AND LIABILITIES

6.2.1. Definitions
6.2.2. Appointed day
6.2.3. Secretary to prepare allocation statement
6.2.4. Property transferred to Academy
6.2.5. Transfer subject to encumbrances
6.2.6. Substitution of party to agreement
6.2.7. Proceedings
6.2.8. Taxes
6.2.9. Validity of things done under this Part
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
SCHEDULE 9
SCHEDULE 10
ENDNOTES

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback