Victorian Current Acts

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

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.2.1

Minister's general powers

    (1)     The Minister has power to do anything that is set out in this Act or that is necessary or convenient to be done in or in connection with the functions of the Minister under this or any other Act.

    (2)     Without limiting subsection (1), the Minister also has the following powers—

        (a)     to set the overall policy for education and training in or related to Victoria;

        (b)     to issue policies, guidelines, advice and directions to education or training institutions in or related to Victoria;

S. 5.2.1(2)(ba) inserted by No. 10/2021 s. 36(1).

        (ba)     to issue policies, guidelines and directions to an institution, person or body established by or under this Act or continued in operation under this Act;

        (c)     to establish, name, maintain, carry on, modify, merge or close Government schools and educational services in accordance with this Act;

        (d)     to establish, name, modify, merge or abolish—

              (i)     school councils for Government schools in accordance with this Act;

              (ii)     ACFE regions and regional councils in accordance with this Act;

S. 5.2.1 (2)(d)(iii) repealed by No. 73/2012 s. 6(3).

    *     *     *     *     *

              (iv)     approved training agents in accordance with this Act;

              (v)     bodies to advise the Minister on education and training matters including post-secondary education;

              (vi)     other bodies in accordance with this Act;

S. 5.2.1(2)(e) amended by No. 76/2011 s. 7(1).

        (e)     to require any education or training institution to supply the Minister with any information that he or she may reasonably require for the effective monitoring, development and planning of education and training in or related to Victoria;

S. 5.2.1(2)(f) inserted by No. 76/2011 s. 7(2).

        (f)     to require any TAFE institute or adult education institution to supply the Minister with any information that he or she may reasonably require in relation to the exercise of any powers and the performance of any functions of that body outside Victoria.

S. 5.2.1(3) amended by No. 76/2013 s. 10(a)(b).

    (3)     An institution, person or body established by or under this Act or continued in operation under this Act must comply with—

S. 5.2.1(3)(a) amended by No. 76/2013 s. 10(c).

        (a)     a policy, guideline or direction issued by the Minister to the extent that the policy, guideline or direction relates to, or is expressed to apply to, the operations of that institution, person or body; and

        (b)     a requirement under section (2)(e) issued in writing by the Minister.

Note to s. 5.2.1(3) inserted by No. 10/2021 s. 36(2).

Note

See section 2.6.5 in relation to Ministerial advice to the Institute.

S. 5.2.1(4) amended by No. 10/2021 s. 36(3)(a).

    (4)     Despite the powers given to the Minister under subsections (1) and (2), the Minister may not give any policy, guideline or direction to—

        (a)     the Victorian Curriculum and Assessment Authority in relation to the awarding of a certificate or qualification to any particular student or the assessment contained in a certificate or qualification to be awarded to any particular student;

        (b)     the Victorian Registration and Qualifications Authority in relation to any particular student about the following—

              (i)     the recognition of the completion of an accredited course or part of an accredited course;

              (ii)     the award or issue of a registered qualification;

              (iii)     the award or issue of a qualification for an accredited course;

S. 5.2.1
(4)(b)(iv) amended by No. 10/2021 s. 36(3)(b).

              (iv)     the recognition of the matters in subparagraph (i), (ii) or (iii) by the issuing of a written statement or otherwise;

S. 5.2.1(4)(c) inserted by No. 10/2021 s. 36(3)(c).

        (c)     the Institute in relation to the following matters under Part 2.6 that relate to a particular person—

              (i)     the granting of, or refusal to grant, registration to a person;

              (ii)     the renewal or reinstatement of, or refusal to renew or reinstate, a person's registration;

              (iii)     the extension, suspension or cancellation of a person's registration;

              (iv)     if a person's registration has been suspended, the continuation or revocation of that suspension;

              (v)     the imposition, amendment, variation or revocation of a condition, limitation or restriction on a person's registration;

              (vi)     the recording, exclusion or removal of a matter on the Register of Disciplinary Action;

              (vii)     a request or requirement from the Institute for a person to provide information to the Institute;

              (viii)     the conduct of a national criminal history check or a State police record check on a person;

              (ix)     the conduct of a preliminary assessment or an investigation in respect of a person;

              (x)     the conduct of a hearing by a hearing panel or medical panel in respect of a person;

              (xi)     the determination and findings of a matter by a hearing panel or medical panel in respect of a person.

    (5)     The Victorian Registration and Qualifications Authority and the Victorian Curriculum and Assessment Authority must include in their annual report under the Financial Management Act 1994 in the period to which the report relates a copy of each direction that is given under subsection (2) to the Authority and that is expressed to apply to that Authority.

S. 5.2.1(6) repealed by No. 10/2021 s. 36(4), new s. 5.2.1(6) inserted by No. 32/2021 s. 5.

    (6)     The Victorian Academy of Teaching and Leadership must include in its annual report under the Financial Management Act 1994 in the period to which the report relates a copy of each direction that is given under subsection (3) to the Academy and that is expressed to apply to the Academy.

    (7)     Nothing in this section limits the powers of the Minister at common law or under any convention or practice relating to powers of Ministers generally.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback