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EDUCATION AND TRAINING REFORM ACT 2006 - SCHEDULE 5

Schedule 5—Regulations

Section 5.10.1(2)

        1     Government schools

    1.1     The admission to Government schools.

Sch. 5 cl. 1.2 amended by No. 33/2020 s. 14.

    1.2     Safeguarding health and maintaining order and discipline in Government schools and Government school boarding premises.

Sch. 5 cl. 1.3 amended by No. 58/2007 s. 47.

    1.3     The conveyance of students to Government schools and classes and the arrangement or approval of transport services for that purpose and the conditions under which students attending non-Government schools may be conveyed by a transport service.

    1.4     The granting of allowances in respect of students travelling to schools and classes.

Sch. 5 cl. 1.5 amended by No. 58/2007 s. 47.

    1.5     The granting of educational allowances and allowances for maintenance in respect of students attending Government and non-Government schools and classes or holding scholarships under this Act.

    1.6     Fees to be paid by students attending Government schools and the conditions under which exemptions from payment of fees may be granted.

    1.7     The management, control, care and development of forest plantations established on Government school land.

        2     Age requirements for attending Government schools

    2.1     Age requirements for persons to enrol at or attend a Government school.

    2.2     Age requirements for persons to enrol in, attend or participate in any program or course of study offered, conducted or provided by a Government school.

    2.3     Age requirements for persons to continue to be so enrolled or so attend or participate.

    2.4     Prohibiting or regulating that enrolment or attendance at a Government school or participation in any program or course of study offered, conducted or provided by a Government school or the continuation of that enrolment, attendance or participation on the basis of those age requirements.

        3     School councils

    3.1     Prescribing the manner in which any election or appointment of a person to be a member of a council is to be made if the Order constituting the council requires the election or appointment to be made in accordance with the regulations.

    3.2     Prescribing the manner in which meetings of councils are to be called and conducted, and minutes of the business conducted at those meetings are recorded.

    3.3     Regulating the raising, control and disbursing of money for school purposes by school councils and the keeping of accounts by school councils.

    3.4     Regulating the employment of staff and the entering into of contracts by school councils.

    3.5     The constitution, duties or powers of any parents' club or association or other body organised to promote the wellbeing of a Government school.

    3.6     Regulating the raising, control and disbursing of money for Government school purposes by any club, association or body organised to promote the wellbeing of a Government school and the keeping of accounts by the club, association or body.

    3.7     Conferring or imposing upon school councils any powers, duties or functions in addition to those conferred or imposed by or under this Act or a Ministerial Order.

    3.8     Regulating the exercise of the powers and the discharge of the duties or functions of school councils.

    3.9     Regulating—

        (a)     the formation and the activities of sub‑committees of school councils;

        (b)     delegations and the exercise of delegated powers and performing of delegated duties by sub-committees; and

        (c)     the ratification of acts of sub-committees by a school council if the acts are within the powers, duties or functions conferred or imposed on the school council by or under this Act, the regulations or a Ministerial Order.

    3.10     The accountability of the school council to the Minister in respect of the performance by the council of its functions including but not limited to the means by which accountability is to be achieved or enforced generally or in relation to specified matters.

        4     Teaching service

    4.1     The organisation, management or discipline of the teaching service.

    4.2     Records to be kept or published.

    4.3     Appeals and reviews under Part 2.4.

    4.4     The procedures to be followed by a Merit Protection Board or a Disciplinary Appeals Board in disposing of appeals or reviews.

Sch. 5 cl. 5 (Heading) substituted by No. 19/2014 s. 86(1).

        5     Registration of teachers and early childhood teachers

Sch. 5 cl. 5.1 amended by No. 19/2014 s. 86(2)(3).

    5.1     The registration and renewal of registration or permission to teach of teachers and early childhood teachers in schools and early childhood services in Victoria.

Sch. 5 cl. 5.2 amended by No. 19/2014 s. 86(2)(3).

    5.2     Certificates of registration for teachers and early childhood teachers who are registered to, or have permission to, teach in schools and early childhood services in Victoria.

Sch. 5 cl. 5.3 amended by No. 19/2014 s. 86(2)(3).

    5.3     The register of teachers and early childhood teachers who are registered to, or have permission to, teach in schools and early childhood services in Victoria.

Sch. 5 cl. 5A inserted by No. 19/2014 s. 87.

        5A     Temporary approvals

Generally any matter in connection with applications for, and the granting of, exemptions under Division 15A of Part 2.6 and temporary approvals.

Sch. 5 cl. 6 repealed by No. 19/2014 s. 34.

    *     *     *     *     *

        7     Higher education fees

Exempting a governing body of a post-secondary education institution or class of governing body of a post-secondary education institution from complying with any requirement of Division 1 of Part 3.2 relating to membership of an organisation of students, the payment of fees, subscriptions or charges of the institution or the holding or use of those fees by the institution.

        8     Scholarships

    8.1     The conditions under which scholarships may be granted.

    8.2     The privileges and allowances that may be granted in respect of any scholarships or class of scholarships.

    8.3     Authorising the Minister to enter into agreements with persons to whom scholarships are granted and with sureties for those persons.

    8.4     Prescribing forms for use in respect of those agreements.

    8.5     Generally any matter in connection with applications for and the granting of scholarships.

Sch. 5 cl. 8A inserted by No. 19/2008 s. 12.

        8A     Victorian student numbers

The procedures and requirements relating to the allocation of Victorian student numbers to students, including students that are home schooled.

Sch. 5 cl. 8B inserted by No. 71/2010 s. 36, amended by No. 73/2012 s. 109(4).

        8B     Standard terms for contracts with RTOs

Terms to be taken to be included in contracts between RTOs and students or prospective students for the purposes of section 4.3.29A(2) include terms relating to—

        (a)     termination of contracts;

        (b)     resolution of disputes;

        (c)     fees, including the payment and refund of fees and the levying, collection and management of fees;

        (d)     cooling-off periods;

        (e)     rights to compensation;

        (f)     the awarding, conferral or issuing of qualifications, certificates or statements of attainment;

        (g)     the provision of information to students.

Sch. 5 cl. 8C inserted by No. 71/2010 s. 49(1).

        8C     RTO requirements

    8C.1     Requirements that an RTO must comply with including requirements relating to the following matters—

        (a)     information to be made available to past, current or prospective students including the following matters—

              (i)     fees, including the policy for payment and refunding of fees and for the levying, collection and management of fees;

              (ii)     course timelines;

              (iii)     facilities and equipment available for use by students;

              (iv)     whether the RTO is a member of a prescribed tuition assurance scheme;

              (v)     information about the RTO's complaint handling processes and the rights of students to lodge complaints with the RTO or the Authority;

        (b)     the methods by which the RTO is to make available to past, current or prospective students the information referred to in paragraph (a) including the publishing of that information;

        (c)     the provision of the information referred to in paragraph (a) to the Authority for publishing by the Authority;

        (d)     requirements to be met before entering into contracts with students or prospective students;

        (e)     the contents of contracts, including the terms, entered into between the RTO and students or prospective students;

        (f)     publications and marketing materials;

        (g)     the awarding, conferral or issuing of qualifications, certificates or statements of attainment;

        (h)     public liability insurance;

              (i)     the keeping of records relating to current and past students including records of qualifications and statements of attainment;

        (j)     complaint handling processes;

        (k)     the register of complaints;

        (l)     criteria that must be complied with before being granted registration by the Authority;

        (m)     conduct in relation to dealing with past, current or prospective students.

    8C.2     Prescribing tuition assurance schemes for RTOs.

        9     Principles

    9.1     The obligations of education providers to implement the principles in section 1.2.1(a), (c), (e) and (f).

Sch. 5 cl. 9.2 amended by No. 3/2008 s. 7.

    9.2     The inclusion of the principles in section 1.2.1(a), (c), (e) and (f) as part of the minimum standards prescribed under section 4.3.1(6)(b).

    9.3     The role of the Authority in investigating any complaints from the public alleging any breach of the obligations to implement the principles in section 1.2.1(a), (c), (e) and (f).

        10     General

    10.1     Forms for the purposes of this Act.

    10.2     Prescribing fees.

Sch. 5 cl. 10.3 amended by No. 71/2010 s. 49(2).

    10.3     Penalties not exceeding in any case 20 penalty units for any contravention of the regulations.




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