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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 2.6.1

Definitions

In this Part—

S. 2.6.1 def. of approved early childhood teaching qualification inserted by No. 19/2014 s. 42(a).

approved early childhood teaching qualification means—

        (a)     a qualification included in the list of approved early childhood teaching qualifications published under the national regulations; or

        (b)     a qualification that the National Authority has determined is equivalent to a qualification referred to in paragraph (a);

S. 2.6.1 def. of Australian Education Union inserted by No. 9/2016 s. 14.

"Australian Education Union" means the Australian Education Union Victorian Branch (ABN 44 673 398 674) or any successor in law;

S. 2.6.1 def. of complaint substituted by No. 10/2021 s. 4(3)(b).

"complaint" means a complaint under section 2.6.30A;

S. 2.6.1 def. of continuing education program inserted by No. 10/2021 s. 4(1).

"continuing education program "means a program, unit or course of study providing for the continuing education of teachers or early childhood teachers;

"Council" means the Council of the Victorian Institute of Teaching continued in operation by this Part;

S. 2.6.1 def. of early childhood teacher inserted by No. 19/2014 s. 42(a), amended by No. 9/2021 s. 5.

"early childhood teacher"—

        (a)     includes a preschool teacher and a kindergarten teacher; and

        (b)     does not include an educator (within the meaning of section 5 of the Education and Care Services National Law (Victoria) or within the meaning of section 3 of the Children's Services Act 1996 ) who does not hold an approved early childhood teaching qualification; and

        (c)     does not include a teacher;

S. 2.6.1 def. of equivalent pathway program inserted by No. 10/2021 s. 4(1).

"equivalent pathway program" means a program or course of study that offers to provide a pathway to entry into a program or course of study leading to qualifications for entry to teaching as a teacher;

S. 2.6.1 def. of fitness to teach inserted by No. 27/2010 s. 11, amended by No. 19/2014 s. 42(c).

"fitness to teach", in relation to a person, means whether the character, reputation and conduct of a person are such that the person should be allowed to teach in a school or in an early childhood service;

S. 2.6.1 def. of health information inserted by No. 10/2021 s. 4(2).

"health information" has the same meaning as in section 3(1) of the Health Records Act 2001 ;

S. 2.6.1 def. of hearing panel inserted by No. 27/2010 s. 11.

"hearing panel" means—

        (a)     a panel appointed under Division 12 to hold an informal or formal hearing into a registered teacher's competence or fitness to teach or the conduct of the registered teacher; or

        (b)     a medical panel appointed under Division 12 to hold a hearing into a registered teacher's ability to practise as a teacher;

S. 2.6.1 def. of impairment inserted by No. 27/2010 s. 11.

"impairment", in relation to a person, means the person has a physical or mental impairment, disability, condition or disorder including substance abuse or dependence;

S. 2.6.1 def. of Independent Education Union inserted by No. 9/2016 s. 14.

"Independent Education Union "means the Independent Education Union of Australia, Victoria Tasmania Branch trading as the Victorian Independent Education Union (ABN 34 532 902 687) or any successor in law;

S. 2.6.1 def. of initial teacher education program inserted by No. 10/2021 s. 4(1).

"initial teacher education program" means a program or course of study—

        (a)     leading to qualifications for entry to teaching as a teacher; and

        (b)     that is approved by the Institute under Division 2A as an initial teacher education program;

S. 2.6.1 def. of kindergarten funding guidelines inserted by No. 19/2014 s. 42(b).

"kindergarten funding guidelines" means the guidelines in relation to kindergarten funding contained in The Kindergarten Guide published on the Department's website;

S. 2.6.1 def. of misconduct inserted by No. 27/2010 s. 11, amended by No. 19/2014 s. 42(d).

"misconduct", in relation to a teacher or an early childhood teacher, includes—

        (a)     conduct of the teacher or early childhood teacher occurring in connection with the practice of teaching that is of a lesser standard than a member of the public or members of the teaching profession are entitled to expect from a reasonably proficient teacher; and

        (b)     the contravention of, or failure to comply with a condition imposed on the registration of the teacher or early childhood teacher by or under this Part; and

        (c)     the breach of an agreement made under this Act between the teacher or early childhood teacher and the Institute;

S. 2.6.1 def. of National Authority inserted by No. 19/2014 s. 42(a).

National Authority has the meaning given in section 5(1) of the Education and Care Services National Law (Victoria);

S. 2.6.1 def. of nominating organisation inserted by No. 9/2016 s. 14.

"nominating organisation" means an organisation that may make nominations under section 2.6.6AB(1);

S. 2.6.1 def. of notification inserted by No. 10/2021 s. 4(3)(a).

"notification", in Divisions 10, 10A and 11, means a notification under section 2.6.30;

S. 2.6.1 def. of pathway program inserted by No. 10/2021 s. 4(1).

"pathway program" means a program or course of study—

        (a)     offering to provide     a pathway to entry into an initial teacher education program; and

        (b)     identified or marketed as offering a pathway specified in paragraph (a); and

        (c)     approved by the Institute under Division 2B as a pathway program;

S. 2.6.1 def. of personal information inserted by No. 10/2021 s. 4(2).

"personal information" has the same meaning as in section 3 of the Privacy and Data Protection Act 2014 ;

S. 2.6.1 def. of preliminary assessment inserted by No. 10/2021 s. 4(3)(a).

"preliminary assessment" means an assessment under section 2.6.31 ;

S. 2.6.1 def. of Register of Disciplinary Action inserted by No. 19/2014 s. 16(2).

"Register of Disciplinary Action" means the Register of Disciplinary Action established under Division 13A;

S. 2.6.1 def. of sensitive information inserted by No. 10/2021 s. 4(2).

"sensitive information" has the same meaning as in Schedule 1 to the Privacy and Data Protection Act 2014 ;

S. 2.6.1 def. of suitability to teach inserted by No. 27/2010 s. 11.

"suitability to teach" in relation to a person means—

        (a)     whether the person is fit to teach; and

        (b)     whether the person is physically or mentally able to teach;

S. 2.6.1 def. of teacher amended by No. 14/2013 s. 8.

"teacher"—

        (a)     means a person who, in a school, undertakes duties that include the delivery of an educational program or the assessment of student participation in an educational program; and

        (b)     includes a person employed as the principal or the head of a school whether or not that person undertakes the duties of a teacher if the person has been employed as a teacher in any school, whether the school was within or outside of Australia, prior to being employed as the principal or the head of a school; and

        (c)     does not include a teacher's aide, an assistant teacher or a student teacher;

"Victorian Electoral Commission" means the Victorian Electoral Commission established under section 6 of the Electoral Act 2002 .

Division 2—Victorian Institute of Teaching



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