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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 1.1.3

Definitions

    (1)     In this Act—

"accredited" means—

        (a)     in relation to a vocational education and training or further education course, registered on the State Register and National Register;

        (b)     in relation to any other course, registered as accredited on the State Register as being suitable for the purposes of a qualification;

S. 1.1.3 def. of accom-modation services inserted by No. 33/2020 s. 5(2).

"accommodation services" means services that include meal, laundry and cleaning services;



"adult, community and further education" means—

        (a)     further education; or

        (b)     secondary education for adults; or

        (c)     that part of education and training which is directed towards the development of skills and knowledge in relation to work when it is provided by an adult education institution established by or under this Act or a community based organisation which is not a TAFE institute, a commercial provider or an industry provider;

S. 1.1.3(1) def. of adult education institution amended by No. 31/2018 s. 37(a).

"adult education institution" means AMES or an adult education institution established under Part 3.3;

"AMES" means the adult education institution known as Adult Multicultural Education Services established under Part 3.3;

"apprentice" means a person whom an employer has undertaken to train under a training contract;

AQF means the framework known as the "Australian Qualifications Framework" endorsed by the Ministerial Council on Education, Employment, Training and Youth Affairs to commence on 1 January 1995, as amended from time to time by that Ministerial Council;

"Authority" means the Victorian Registration and Qualifications Authority established under Chapter 4;

"autonomous college" means a post-secondary education institution established under Part 3.2;

S. 1.1.3(1) def. of Catholic Education Commission inserted by No. 28/2010 s. 4.

"Catholic Education Commission" means the Catholic Education Commission of Victoria Limited ACN 119 459 853;

S. 1.1.3(1) def. of Centre for Adult Education repealed by No. 31/2018 s. 37(b).

    *     *     *     *     *

S. 1.1.3(1) def. of child abuse inserted by No. 7/2015 s. 4(2), substituted by No. 63/2015 s. 15.

"child abuse" has the same meaning as it has in the Child Wellbeing and Safety Act 2005 ;

S. 1.1.3(1) def. of Commission repealed by No. 73/2012 s. 3.

    *     *     *     *     *



S. 1.1.3(1) def. of compulsory school age amended by No. 62/2009 s. 4(1).

"compulsory school age" means not less than 6 nor more than 17 years of age;

S. 1.1.3(1) def. of declared composite program inserted by No. 19/2014 s. 35(a).

"declared" composite program means a preschool program—

        (a)     referred to in paragraph (b) of the definition of education and care service in section 5 of the Education and Care Services National Law (Victoria); and

        (b)     declared by Ministerial Order to be an early childhood service for the purposes of this Act;

S. 1.1.3(1) def. of Department amended by Nos 28/2007 s. 3(Sch. item 19.1), 39/2012 s. 62(1), 31/2018 s. 65(1)(a).

"Department" means the Department of Education and Training;

S. 1.1.3(1) def. of
dual sector university inserted by No. 76/2013 s. 3(d).

"dual sector university" means the Federation University Australia, Royal Melbourne Institute of Technology, Swinburne University of Technology or Victoria University;

S. 1.1.3(1) def. of
early childhood inserted by No. 19/2008 s. 4, repealed by No. 19/2014 s. 35(d).

    *     *     *     *     *

S. 1.1.3(1) def. of early childhood service inserted by No. 19/2014 s. 35(a).

"early childhood service" means—

        (a)     an education and care service within the meaning of the Education and Care Services National Law (Victoria); or

        (b)     a children's service within the meaning of the Children's Services Act 1996 ; or

        (c)     a declared composite program;

S. 1.1.3(1) def. of further education amended by No. 76/2013 s. 3(a).

"further education" means those education programs that lead to the development of knowledge and skills that are not specific to any particular occupation and are not provided or offered by a university or an autonomous college;

"Government school" means a school established by the Minister and conducted under Part 2.2;

S. 1.1.3(1) def. of Government school boarding premises inserted by No. 33/2020 s. 5(2).

"Government school boarding premises" means a school boarding premises at which school boarding services are provided by or on behalf of a Government school;

S. 1.1.3(1) def. of
higher education award substituted by No. 58/2007 s. 4.

"higher education award" means a qualification described as a higher education award in the AQF but does not include a graduate certificate if the course of study relating to that certificate is an accredited vocational education and training course included in the State Register;

S. 1.1.3(1) def. of industry training board repealed by No. 73/2012 s. 3.

    *     *     *     *     *


"Institute" means the Victorian Institute of Teaching continued in operation under Part 2.6;

S. 1.1.3(1) def. of interim negative notice inserted by No. 31/2018 s. 4(2), repealed by No. 34/2020 s. 207(d).

    *     *     *     *     *

S. 1.1.3(1) def. of interim WWC exclusion inserted by No. 34/2020 s. 207(a).

"interim WWC exclusion" has the same meaning as in the Worker Screening Act 2020 ;

S. 1.1.3(1) def. of ISV inserted by No. 1/2015 s. 3.

"ISV" means Independent Schools Victoria Inc., a body incorporated under the Associations Incorporation Reform Act 2012 ;

"learning outcome", in relation to a course, means a written statement of what a student will know and be able to do as a result of successfully undertaking the course;

S. 1.1.3(1) def. of Ministerial Council inserted by No. 31/2018 s. 46.

"Ministerial Council" means—

        (a)     in respect of the period before 24 August 2005, the council consisting of the Ministers from each State and the Commonwealth responsible for vocational education and training operating in accordance with the ANTA agreement;

        (b)     in respect of the period beginning on or after 24 August 2005 and ending on 30 June 2009, the Ministerial Council within the meaning of the Skilling Australia's Workforce Act 2005 of the Commonwealth as in force during that period;

        (c)     in respect of the period on or after 1 July 2009, any successor Ministerial Council established under the Council of Australian Governments from time to time;

"Ministerial Order" means an Order made by the Minister under this Act;

S. 1.1.3(1) def. of municipal council inserted by No. 7/2015 s. 4(1), amended by No. 9/2020 s. 390(Sch. 1 item 29).

"municipal council" has the same meaning as Council has in section 3(1) of the Local Government Act 2020 ;



S. 1.1.3(1) def. of national criminal history check inserted by No. 19/2014 s. 4(1).

"national criminal history check", in relation to a person, means a check of the criminal history of the person in or outside of Australia with or through a police force or other authority of Victoria, another State, a Territory or the Commonwealth;

Note

See section 1.1.3(4) for an interpretive provision relating to the meaning of the criminal history of a person.

S. 1.1.3(1) def. of national regulations inserted by No. 19/2014 s. 35(a).

"national regulations" means the regulations made under the Education and Care Services National Law (Victoria);


"national standards" means standards agreed to from time to time by the governments of the Commonwealth, States and Territories;

S. 1.1.3(1) def. of negative notice inserted by No. 31/2018 s. 4(2), repealed by No. 34/2020 s. 207(d).

    *     *     *     *     *

S. 1.1.3(1) def. of non-conviction charge inserted by No. 31/2018 s. 4(2), amended by No. 34/2020 s. 207(b).

"non-conviction charge" means a charge against a person for a category A offence or category B offence that has been finally dealt with (within the meaning of section 6(1) of the Worker Screening Act 2020 ) other than by way of a conviction or a finding of guilt;

"non-Government school" means a school, other than a Government school, that is registered or required to be registered under Part 4.3;

S. 1.1.3(1) def. of non-government school boarding premises inserted by No. 33/2020 s. 5(2).

"non-government school boarding premises" means a school boarding premises other than a Government school boarding premises;

Note

These school boarding premises include premises at which school boarding services are provided by or on behalf of a non-Government school or by a person that is not a school.

"overseas student" means a person holding a visa under the Migration Act 1958 of the Commonwealth which allows the person, whether expressly or otherwise, to study in Victoria;

"parent", in relation to a child, includes a guardian and every person who has parental responsibility for the child including parental responsibility under the Family Law Act of the Commonwealth and any person with whom a child normally or regularly resides;

S. 1.1.3(1) def. of
parents' club inserted by No. 37/2015 s. 4

"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;

S. 1.1.3(1) def. of
police officer inserted by No. 37/2014 s. 10(Sch. item 49.1).

"police officer" has the same meaning as in the Victoria Police Act 2013 ;

S. 1.1.3(1) def. of
post-compulsory education amended by No. 62/2009 s. 4(2).

post-compulsory education means education of persons 17 years of age or over;



"post-secondary education" means education of persons—

        (a)     who are beyond the age of compulsory school attendance; and

        (b)     who are not undergoing a course of secondary education at a registered school;

"post-secondary education institution" means an institution which is supported directly or indirectly by Government funds providing post-secondary education including but not limited to a TAFE institute, an autonomous college and a university;

"post-secondary education provider" means a post‑secondary education institution or other institution or person or body providing or offering to provide post-secondary education;

S. 1.1.3(1) def. of prescribed minimum standards for registration of school boarding premises inserted by No. 33/2020 s. 5(2).

prescribed minimum standards for registration of school boarding premises means the minimum standards prescribed by the regulations under section 4.3.8C(1)(b) or prescribed by section 4.3.8C(2) relating to school boarding premises and the school boarding services provided at those premises;

"principal" means a person appointed to a designated position as principal of a registered school or a person in charge of a registered school;

S. 1.1.3(1) def. of provider of school boarding services inserted by No. 33/2020 s. 5(2).

"provider of school boarding services" means a person who conducts a school boarding premises including the provision of school boarding services at the premises;

S. 1.1.3(1) def. of public sector body inserted by No. 7/2015 s. 4(1).

"public sector body" has the same meaning as in section 4(1) of the Public Administration Act 2004 ;

"Regional Council" means a Regional Council of Adult, Community and Further Education established under Part 3.3;

S. 1.1.3(1) def. of Register of Registered Teachers inserted by No. 19/2014 s. 16(1).

"Register of Registered Teachers" means the Register of Registered Teachers established under section 2.6.24;

S. 1.1.3(1) def. of registered early childhood teacher inserted by No. 19/2014 s. 35(b).

"registered early childhood teacher" means a person registered under Division 3A of Part 2.6 as an early childhood teacher;

"registered education and training organisation" means a person or body registered under Part 4.3 to deliver an accredited course or award or issue a registered qualification;

"registered qualification" means a qualification that is registered on the State Register;

S. 1.1.3(1) def. of registered school amended by No. 33/2020 s. 5(1)(a).

"registered school" means a school registered under Division 1 of Part 4.3;

S. 1.1.3(1) def. of registered school boarding premises inserted by No. 33/2020 s. 5(2).

"registered school boarding premises" means a school boarding premises registered under Division 1A of Part 4.3;



S. 1.1.3(1) def. of registered teacher amended by No. 19/2014 s. 35(c).

"registered teacher" means a person registered under Part 2.6 as a teacher or an early childhood teacher or a person who is granted permission to teach under Part 2.6;

"registration" includes permission to teach under Part 2.6;

S. 1.1.3(1) def. of
RTO inserted by No. 71/2010 s. 4(1).

"RTO" has the same meaning as in section 4.1.1(1);

S. 1.1.3(1) def. of school amended by No. 33/2020 s. 5(1)(b).

"school" means a place at or from which education is provided to children of compulsory school age during normal school hours, but does not include—

        (a)     a place at which registered home schooling takes place;

        (ab)     a school boarding premises;

        (b)     a University;

        (c)     a TAFE institute;

        (d)     an education service exempted by Ministerial Order;

        (e)     any other body exempted by the regulations;

S. 1.1.3(1) def. of
school attendance notice inserted by No. 47/2013 s. 4.

"school attendance notice" means a notice issued under section 2.1.16;

"school attendance officer" means a person appointed by the Minister to be a school attendance officer under Part 2.1;

S. 1.1.3(1) def. of school boarding premises inserted by No. 33/2020 s. 5(2).

"school boarding premises" means a premises at which school boarding services are provided or intended to be provided by a person for a fee or reward but does not include any of the following premises—

        (a)     a premises at which accommodation services are provided under homestay arrangements by a person who resides at the premises to no more than 3 students who are enrolled at or attend or intend to enrol at or attend a registered school;

        (b)     a premises or place at which camping facilities, including accommodation services, are provided on a short-term basis to students of a registered school who are required by the school to attend the premises or place as part of instruction in a key learning area or an extracurricular activity of the school;

        (c)     a premises that is prescribed not to be a school boarding premises;

        (d)     a premises at which accommodation services are provided by a prescribed person or body;

Note

Premises will not fall within the definition of school boarding premises if the accommodation services provided at the premises are not provided for the primary purpose of enabling or facilitating a person to enrol at or attend a registered school. Examples of accommodation services that are not provided primarily for that purpose include the following—

(a)     accommodation services provided by a parent (see the wide definition of parent in section 1.1.3(1);

(b)     accommodation services provided at a youth justice centre or a youth residential centre within the meaning of the Children, Youth and Families Act 2005 ;

(c)     accommodation services that are provided as part of respite care within the meaning of the Aged Care Act 1997 of the Commonwealth;

(d)     accommodation services that are facilitated, provided or regulated by the Department of Health and Human Services including the following—

(i)     out of home care services or secure welfare services within the meaning of the Children, Youth and Families Act 2005 ;

(ii)     accommodation provided at an NDIS dwelling within the meaning of the Disability Act 2006 ;

(iii)     accommodation that is a residential service within the meaning of the Disability Act 2006 ;

(iv)     accommodation services provided at a residential care service within the meaning of the Health Services Act 1988 .

S. 1.1.3(1) def. of school boarding services inserted by No. 33/2020 s. 5(2).

"school boarding services" means accommodation services provided for the primary purpose of enabling or facilitating a person to enrol at or attend a registered school;

school council means the council of a Government school or group of schools that is constituted under Part 2.3;

"school day" means day on which a school is open;

S. 1.1.3(1) def. of
school enrolment notice inserted by No. 47/2013 s. 4.

"school enrolment notice" means a notice issued under section 2.1.15;

S. 1.1.3(1) def. of School Policy and Funding Advisory Council inserted by No. 1/2015 s. 3.

"School Policy and Funding Advisory Council" means the advisory council established by section 2.7.9;


"Secretary" means Secretary to the Department;

S. 1.1.3(1) def. of
sexual offence amended by Nos 14/2013 s. 3, 74/2014 s. 30 (as amended by No. 20/2015 s. 50(1)), 42/2015 s. 25, 42/2016 s. 4, 47/2016 s. 38, repealed by No. 31/2018 s. 4(1).

    *     *     *     *     *

S. 1.1.3(1) def. of State police record check inserted by No. 19/2014 s. 4(1).

"State police record check", in relation to a person, means a check of the records held by Victoria Police in relation to that person;


"State Register" means the State Register maintained under Part 4.6;

S. 1.1.3(1) def. of student inserted by No. 33/2020 s. 5(2).

"student" in Division 1A of Part 4.3 means a person who is enrolled at or who attends a registered school or who intends to enrol at or attend a registered school;

S. 1.1.3(1) def. of Student Register inserted by No. 19/2008 s. 4.

"Student Register" means the Student Register established under Part 5.3A;

"TAFE" means technical and further education;

S. 1.1.3(1) def. of
TAFE institute amended by No. 76/2013 s. 3(b).

"TAFE institute" means an institution created under section 3.1.11;

"technical and further education" means post‑secondary education wherever provided or offered which is not directed towards—

        (a)     the award of a degree or diploma at an autonomous college or university; or

        (b)     a higher education award;

S. 1.1.3(1) def. of temporary approval inserted by No. 19/2014 s. 35(b).

"temporary approval" means a temporary approval granted under section 2.6.60C;

"training" means training whether by way of course, instruction or practical training in the knowledge and skills required for a vocation;

"training contract" means an apprenticeship training contract or a traineeship training contract;

university means a University established by an Act of the Parliament of Victoria or the Australian Catholic University Limited;

S. 1.1.3(1) def. of university with a TAFE division amended by No. 76/2013 s. 3(c).

    *     *     *     *     *

"VCAL" means the Victorian Certificate of Applied Learning;

"VCE" means the Victorian Certificate of Education;

S. 1.1.3(1) def. of
VET funding contract inserted by No. 73/2012 s. 9.

"VET funding contract" means a vocational education and training funding contract made under Division 1 of Part 3.1;

S. 1.1.3(1) def. of
Victoria Police inserted by No. 37/2014 s. 10(Sch. item 49.1).

"Victoria Police" has the same meaning as in the Victoria Police Act 2013 ;



S. 1.1.3(1) def. of Victorian student number inserted by No. 19/2008 s. 4.

"Victorian student number" means the number allocated to a student by the Secretary under Part 5.3A;


S. 1.1.3(1) def. of vocational education and training amended by No. 34/2020 s. 207(c).

"vocational education and training" means—

        (a)     the education and training and qualifications and statements of attainment under the vocational education and training provisions under the AQF; and

        (b)     that part of education and training which is directed towards the development of skills and knowledge in relation to work when it is provided by an adult education institution or a community based organisation which is not a TAFE institute, a commercial provider or industry provider;

S. 1.1.3(1) def. of WWC clearance inserted by No. 34/2020 s. 207(a).

"WWC clearance" has the same meaning as in the Worker Screening Act 2020 ;

S. 1.1.3(1) def. of WWC exclusion inserted by No. 34/2020 s. 207(a).

"WWC exclusion" has the same meaning as in the Worker Screening Act 2020 .

S. 1.1.3(2) amended by Nos 28/2007 s. 3(Sch. item 19.2), 31/2018 s. 65(1)(b).

    (2)     If under the Public Administration Act 2004 the name of the Department of Education and Training is changed, a reference in the definition of Department in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.

    (3)     Unless the context otherwise requires, a reference in this Act to a Part by a number must be construed as a reference to the Part, designated by that number, of this Act.

S. 1.1.3(4) inserted by No. 19/2014 s. 4(2).

    (4)     For the purposes of the definition of national criminal history check , the criminal history of a person includes any of the following—

        (a)     findings of guilt against the person with or without conviction;

        (b)     any charges outstanding against the person;

S. 1.1.3(4)(ba) inserted by No. 31/2018 s. 4(3).

        (ba)     a non-conviction charge against the person;

        (c)     convictions recorded against the person when the person was a juvenile;

        (d)     convictions against the person that are spent.

S. 1.1.3A inserted by No. 31/2018 s. 5.



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