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PARLIAMENT OF VICTORIA
Education and Training Reform Amendment Bill
2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Principal Act 3
PART 2--AMENDMENTS TO EDUCATION AND TRAINING
REFORM ACT 2006 4
4 Purpose of Act 4
5 Merit Protection Boards 4
6 Sections 2.4.45 and 2.4.46 substituted 4
2.4.45 Membership of Boards 4
2.4.45A Pool of appointed persons 5
2.4.45B Terms and conditions of appointment of pool
members 5
2.4.46 Resignation and removal from office of pool
members 6
7 Repeal of section 2.4.47 6
8 Allocation of work amongst the Boards 6
9 New section 2.4.49A inserted 6
2.4.49A Member unable to perform duties 6
10 Establishment of Disciplinary Appeals Board 7
11 New definition in Part 2.6 7
12 Functions of Institute 8
13 Substitution of section 2.6.6 8
2.6.6 Council of the Victorian Institute of Teaching 8
2.6.6A Appointed members 9
2.6.6B Elected members 10
2.6.6C Governor to appoint Deputy Chairperson 11
14 Application for registration 11
15 Qualification for registration as a teacher 11
16 Registration 11
17 Provisional registration 12
18 Non-practising registration 12
19 Application for permission to teach 12
561337B.I-9/12/2009 i BILL LA INTRODUCTION 9/12/2009
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20 Permission to teach 13
21 Entitlement of applicant to make submissions 13
22 Notification of outcome of application 13
23 Duration and renewal of registration 14
24 Application for renewal of registration 14
25 Refusal to renew registration 14
26 New Division 9A inserted in Part 2.6 15
Division 9A--Voluntary suspension or cancellation of
registration 15
2.6.29A Request for conditions on or suspension of
registration 15
2.6.29B Agreements to amend, vary or revoke conditions or
revoke suspensions 16
2.6.29C Cancellation by agreement 16
27 Powers of inquiry 16
28 Employer to notify Institute of action against teacher 17
29 When matters are to be investigated 17
30 New sections 2.6.33A, 2.6.33B, 2.6.33C and 2.6.33D inserted 18
2.6.33A Investigations without complaint or notification 18
2.6.33B Institute to notify the teacher of an investigation 18
2.6.33C Powers of investigator 19
2.6.33D Investigation to be conducted expeditiously 20
31 Outcome of investigation 21
32 New Division 11A inserted into Part 2.6 22
Division 11A--Health assessments 22
2.6.35A Definitions 22
2.6.35B Health assessments 22
2.6.35C Report of health assessment 23
2.6.35D Refusal to attend or cooperate 24
2.6.35E Health assessments required by a medical panel 24
33 Division 12 of Part 2.6 heading substituted 25
34 New Subdivision 1 of Division 12 of Part 2.6 inserted and
heading to Subdivision 2 inserted 25
Subdivision 1--Pool of persons to sit on hearing panels 25
2.6.35F Pool of approved persons who may sit on hearing
panels 25
Subdivision 2--Informal hearings 26
35 Establishment and notification of an informal hearing 26
36 Section 2.6.37 substituted 26
2.6.37 Constitution of informal hearing panel 26
37 Notice of an informal hearing 27
38 Conduct of an informal hearing 27
39 Findings and determinations of an informal hearing 27
561337B.I-9/12/2009 ii BILL LA INTRODUCTION 9/12/2009
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40 Section 2.6.41 substituted 28
2.6.41 Change of informal hearing to formal or medical
panel hearing during course of hearing 28
41 New Subdivision 3 of Division 12 of Part 2.6 inserted 29
Subdivision 3--Medical panel hearings 29
2.6.41A Appointment and notification of medical panel
hearing 29
2.6.41B Constitution of medical hearing panel 30
2.6.41C Notice of medical panel hearing 30
2.6.41D Conduct of a medical panel hearing 31
2.6.41E Findings and determinations of medical panel
hearing 31
2.6.41F Referral to a health assessment 32
2.6.41G Referral to formal hearing 33
42 New Subdivision heading inserted in Division 12 of Part 2.6 33
43 Establishment and notification of formal hearing 33
44 Constitution of a hearing panel for a formal hearing 34
45 Conduct of a formal hearing 34
46 Findings and determinations of a formal hearing 34
47 Procedure at hearings of hearing panels 35
48 Determinations 36
49 Notice of cancellations and determinations of informal hearing
panel 36
50 Notifications 36
51 Offence to disclose information identifying complainant,
witness or teacher 36
52 Review by VCAT 36
53 Delegation 37
54 Repeal of section 2.6.69 37
55 Terms of Office 37
56 Procedure of committee, panel or body 38
57 Immunity 38
58 Interpretation 38
59 Terms of registration 38
60 New sections 6.1.12, 6.1.13 and 6.1.14 inserted 40
6.1.12 Transitional provisions--Education and Training
Reform Amendment Act 2009 40
6.1.13 Transitional provisions--Education and Training
Reform Amendment Act 2009 40
6.1.14 Transitional provisions--Education and Training
Reform Amendment Act 2009 40
61 New section 6.1.15 inserted 41
6.1.15 Transitional provision--Education and Training
Reform Amendment Act 2009 41
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62 Substitution of Schedule 1 42
SCHEDULE 1--Learning Areas Subject to Free Instruction 42
PART 3--REPEAL OF AMENDING ACT 43
63 Repeal of amending Act 43
ENDNOTES 44
561337B.I-9/12/2009 iv BILL LA INTRODUCTION 9/12/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Education and Training Reform
Amendment Bill 2009
A Bill for an Act to amend the Education and Training Reform Act
2006 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is to amend the
Education and Training Reform Act 2006--
5 (a) to make changes relating to the investigation
of registered teachers including the
requirement to have a health assessment and
the widening of the grounds on which
teachers may be investigated; and
561337B.I-9/12/2009 1 BILL LA INTRODUCTION 9/12/2009
Education and Training Reform Amendment Bill 2009
Part 1--Preliminary
s. 2
(b) to provide for the widening of informal panel
hearing powers and the appointment of a
medical panel to deal with complaints
against registered teachers; and
5 (c) to widen the sanctions available to hearing
panels; and
(d) to provide for the annual registration of
teachers who are registered under section
2.6.9 of that Act; and
10 (e) to alter the constitution of Merit Protection
Boards and the Council of the Victorian
Institute of Teaching; and
(f) to provide for registered schools to have
ongoing registration with respect to
15 accredited senior secondary courses; and
(g) to make consequential and miscellaneous
amendments to that Act.
2 Commencement
(1) Subject to subsection (2), this Act comes into
20 operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 January 2011, it comes into
operation on that day.
561337B.I-9/12/2009 2 BILL LA INTRODUCTION 9/12/2009
Education and Training Reform Amendment Bill 2009
Part 1--Preliminary
s. 3
3 Principal Act
In this Act, the Education and Training Reform See:
Act No.
Act 2006 is called the Principal Act. 24/2006.
Reprint No. 1
as at
14 July 2008
and
amending
Act Nos
12/2008,
62/2008,
70/2008,
4/2009,
45/2009,
62/2009,
68/2009 and
69/2009.
LawToday:
www.
legislation.
vic.gov.au
__________________
561337B.I-9/12/2009 3 BILL LA INTRODUCTION 9/12/2009
Education and Training Reform Amendment Bill 2009
Part 2--Amendments to Education and Training Reform Act 2006
s. 4
PART 2--AMENDMENTS TO EDUCATION AND TRAINING
REFORM ACT 2006
4 Purpose of Act
For section 1.1.1(2)(f) of the Principal Act
5 substitute--
"(f) the recognition and regulation of the
teaching profession and the maintenance of
standards of professional practice for that
profession;".
10 5 Merit Protection Boards
In section 2.4.44(2)(b) of the Principal Act, after
"Division" insert "9A and".
6 Sections 2.4.45 and 2.4.46 substituted
For sections 2.4.45 and 2.4.46 of the Principal Act
15 substitute--
"2.4.45 Membership of Boards
(1) A Merit Protection Board consists of
3 members of whom--
(a) one is to be the chairperson who is to
20 be selected by the senior chairperson
from the pool of persons referred to in
section 2.4.45A(1)(a); and
(b) one is to be selected by the senior
chairperson from the pool of persons
25 referred to in section 2.4.45A(1)(b);
and
(c) one is to be selected by the senior
chairperson from the pool of persons
referred to in section 2.4.45A(1)(c).
30 (2) In this section, senior chairperson means the
person appointed under section 2.4.45A(2).
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Part 2--Amendments to Education and Training Reform Act 2006
s. 6
2.4.45A Pool of appointed persons
(1) The Governor in Council may appoint to a
pool--
(a) persons who have been nominated by
5 the Minister to be chairpersons of Merit
Protection Boards; and
(b) persons who have been nominated by
the Secretary; and
(c) persons who are employees in the
10 teaching service who have been
nominated by the Minister after calling
for expressions of interest from all
employees in the teaching service.
(2) The Governor in Council must appoint a
15 person referred to in subsection (1)(a) to be
the senior chairperson of the Merit
Protection Boards.
2.4.45B Terms and conditions of appointment of
pool members
20 (1) A member of the pool appointed under
section 2.4.45A holds office for the period,
not exceeding 3 years, specified in the
instrument of appointment and is eligible for
re-appointment.
25 (2) A member other than a public servant or an
employee is entitled to the remuneration and
allowances (if any) fixed in respect of him or
her from time to time by the Minister.
(3) A member is appointed subject to any terms
30 and conditions that are specified in the
instrument of appointment and that are not
inconsistent with this Act.
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s. 7
2.4.46 Resignation and removal from office of
pool members
(1) A member of the pool appointed under
section 2.4.45A may resign from office by
5 sending to the Governor a signed letter of
resignation.
(2) The Governor in Council may at any time
remove a member of the pool from office.".
7 Repeal of section 2.4.47
10 Section 2.4.47 of the Principal Act is repealed.
8 Allocation of work amongst the Boards
In section 2.4.48 of the Principal Act, after
"chairperson" insert "appointed under
section 2.4.45A".
15 9 New section 2.4.49A inserted
After section 2.4.49 of the Principal Act insert--
"2.4.49A Member unable to perform duties
(1) If--
(a) the hearing of a review or an appeal
20 before a Merit Protection Board has
commenced but not concluded; and
(b) a member of the Board is absent or for
any other reason is unable to perform
the duties of office--
25 the remaining members of the Board may
continue to hear and determine the appeal in
the absence of that member.
(2) The decision of the remaining members in
relation to the review or appeal must be
30 unanimous.".
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Part 2--Amendments to Education and Training Reform Act 2006
s. 10
10 Establishment of Disciplinary Appeals Board
In section 2.4.72(2) of the Principal Act, after
"section" insert "2.4.59F or".
11 New definition in Part 2.6
5 Insert the following definitions in section 2.6.1 of
the Principal Act--
"fitness to teach, in relation to a person, means
whether the character, reputation and
conduct of a person are such that the person
10 should be allowed to teach in a school;
hearing panel means--
(a) a panel appointed under Division 12 to
hold an informal or formal hearing into
a registered teacher's competence or
15 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
20 a teacher;
impairment, in relation to a person, means the
person has a physical or mental impairment,
disability, condition or disorder including
substance abuse or dependence;
25 misconduct, in relation to a teacher, includes--
(a) conduct of the teacher occurring in
connection with the practice of teaching
that is of a lesser standard than a
member of the public or members of
30 the teaching profession are entitled to
expect from a reasonably proficient
teacher; and
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Part 2--Amendments to Education and Training Reform Act 2006
s. 12
(b) the contravention of, or failure to
comply with a condition imposed on
the registration of the teacher by or
under this Part; and
5 (c) the breach of an agreement made under
this Act between the teacher and the
Institute;
suitability to teach in relation to a person
means--
10 (a) whether the person is fit to teach; and
(b) whether the person is physically or
mentally able to teach;".
12 Functions of Institute
In section 2.6.3(1) of the Principal Act--
15 (a) in paragraph (a) omit "promote the
profession of teaching and";
(b) in paragraph (i), after "registered teachers"
insert "and whether a registered teacher's
ability to practise as a teacher is seriously
20 detrimentally affected or likely to be
seriously detrimentally affected because of
an impairment";
(c) after paragraph (l) insert--
"(la) recognise and promote the role and
25 activities of the Institute;".
13 Substitution of section 2.6.6
For section 2.6.6 of the Principal Act substitute--
"2.6.6 Council of the Victorian Institute of
Teaching
30 (1) The Institute is to be governed by the
Council of the Victorian Institute of
Teaching established under the Victorian
Institute of Teaching Act 2001 and
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Part 2--Amendments to Education and Training Reform Act 2006
s. 13
continued in operation under and subject to
this Act.
(2) The Council--
(a) is responsible for the management of
5 the affairs of the Institute; and
(b) may exercise the powers of the
Institute.
(3) The Council is to consist of not more than
12 members of whom--
10 (a) 5 are to be appointed by the Governor
in Council in accordance with section
2.6.6A; and
(b) 6 are to be elected in accordance with
section 2.6.6B; and
15 (c) one is to be the Secretary or the
nominee of the Secretary.
2.6.6A Appointed members
For the purposes of section 2.6.6(3)(a), of the
appointed members of the Council--
20 (a) one is to be appointed as the
Chairperson on the nomination of the
Minister and must be a registered
teacher or a principal;
(b) one is to be the parent of a student in a
25 school nominated by the Minister
following the Minister's consideration
of names submitted to the Minister
from organisations representing parents
of students in those schools;
561337B.I-9/12/2009 9 BILL LA INTRODUCTION 9/12/2009
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s. 13
(c) 2 are to be persons nominated by the
Minister following the Minister's
consideration of names submitted to the
Minister from persons or bodies
5 employing teachers in non-Government
schools or bodies or organisations
representing those employers;
(d) one is to be a person nominated by the
Minister following the Minister's
10 consideration of names submitted to the
Minister from tertiary institutions that
prepare people to be teachers.
2.6.6B Elected members
For the purposes of section 2.6.6(3)(b), of
15 the elected members 6 are to be registered
teachers of whom--
(a) 3 are to be elected by and from
registered teachers who are currently
teaching in a Government school;
20 (b) one is to be elected by and from
registered teachers who are currently
teaching in a Government school for
students with disabilities or
impairments;
25 (c) one is to be elected by and from
registered teachers who are currently
teaching in a non-Government school
operating under the auspices of the
Catholic Education Commission;
30 (d) one is to be elected by and from
registered teachers who are currently
teaching in a non-Government school
(other than a school operating under the
auspices of the Catholic Education
35 Commission).
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Part 2--Amendments to Education and Training Reform Act 2006
s. 14
2.6.6C Governor to appoint Deputy Chairperson
The Governor in Council, on the nomination
of the Minister, may appoint a member of the
Council (other than the Chairperson,
5 Secretary or the Secretary's nominee) as a
Deputy Chairperson.".
14 Application for registration
(1) After section 2.6.7(4)(a) of the Principal Act
insert--
10 "(ab) provide information about any current or
previous right to teach or to be employed as
a teacher, or the refusal of the right to teach
or to be employed as a teacher, in another
jurisdiction, and the reasons given by the
15 body responsible in that jurisdiction for any
such refusal;".
(2) In section 2.6.7(4)(b) of the Principal Act omit
"or fitness".
15 Qualification for registration as a teacher
20 In section 2.6.8(b)(i) of the Principal Act, for
"fitness" substitute "suitability".
16 Registration
(1) In section 2.6.9(2)(f) of the Principal Act, for
"fitness" substitute "suitability".
25 (2) After section 2.6.9(3) of the Principal Act
insert--
"(4) The Institute may, on application by a person
granted registration, amend, vary or revoke
any condition, limitation or restriction
30 imposed under subsection (3)."
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s. 17
17 Provisional registration
(1) In section 2.6.10(2) of the Principal Act--
(a) for "first year" substitute "second year";
(b) for "one year" substitute "3 months".
5 (2) In section 2.6.10(3) of the Principal Act--
(a) for "one year" (where first occurring)
substitute "2 years";
(b) for "one year" (where secondly occurring)
substitute "3 months".
10 18 Non-practising registration
In section 2.6.11(4) of the Principal Act omit
"not exceeding 5 years from the date of
registration".
19 Application for permission to teach
15 (1) After section 2.6.13(2)(a) of the Principal Act
insert--
"(ab) subject to subsection (4), accompanied by
evidence satisfactory to the Institute that the
person or body intending to employ or
20 engage the applicant had first attempted to
employ or engage a registered teacher to fill
the teaching position relating to the
application; and".
(2) After section 2.6.13(3) of the Principal Act
25 insert--
"(4) The Institute may give a written exemption
to an applicant under this section from
having to provide the evidentiary material
required under subsection (2)(ab).".
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Part 2--Amendments to Education and Training Reform Act 2006
s. 20
20 Permission to teach
(1) In 2.6.14(2)(a) of the Principal Act, after
"in force" insert ", which may not exceed 3 years
from the date of the grant of the permission".
5 (2) After section 2.6.14(2) of the Principal Act
insert--
"(3) The Institute may, on application by a person
granted permission to teach, amend, vary or
revoke any condition, limitation or
10 restriction imposed under subsection (2).".
21 Entitlement of applicant to make submissions
In section 2.6.15 of the Principal Act, after
"permission to teach" (where first occurring)
insert "or renewal of registration".
15 22 Notification of outcome of application
In section 2.6.16 of the Principal Act--
(a) in subsection (1), after "permission to teach"
insert "or renewal of registration";
(b) in subsection (2), after "for registration"
20 insert "or renewal of registration";
(c) in subsection (2)(a), after "the registration"
(where first occurring) insert "or renewal of
registration";
(d) in subsection (2)(a)(i), after "period of
25 registration" insert "or renewal of
registration";
(e) in subsection (2)(b), after "the registration"
insert "or renewal of registration";
(f) in subsection (2)(b)(ii), after "registration"
30 insert "or renewal of registration".
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s. 23
23 Duration and renewal of registration
(1) For sections 2.6.17(1) and 2.6.17(2) of the
Principal Act substitute--
"(1) The registration of a teacher continues in
5 force until the first occurrence of
30 September after the date of the grant of
registration.
(2) The renewal of registration of a teacher
continues in force until the first anniversary
10 of the date of renewal of registration.".
(2) After section 2.6.17(3) of the Principal Act
insert--
"(4) In this section registration does not include
provisional registration under section 2.6.10,
15 non-practising registration under section
2.6.11, interim registration under section
2.6.12 or permission to teach under 2.6.14.".
24 Application for renewal of registration
In section 2.6.18(1)(b)(i) of the Principal Act, for
20 "5 years" substitute "period of registration".
25 Refusal to renew registration
(1) In section 2.6.19(a) of the Principal Act, for
"5 years" substitute "period of registration".
(2) At the foot of section 2.6.19 of the Principal Act
25 insert--
"Note
If the Institute is proposing to refuse an application for
renewal of registration, the applicant is entitled to make
submissions to the Institute under section 2.6.15.".
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Part 2--Amendments to Education and Training Reform Act 2006
s. 26
26 New Division 9A inserted in Part 2.6
After Division 9 in Part 2.6 of the Principal Act
insert--
"Division 9A--Voluntary suspension or
5 cancellation of registration
2.6.29A Request for conditions on or suspension of
registration
(1) A registered teacher may ask the Institute to
suspend his or her registration or to impose a
10 condition on the registration or to do both of
those things if the teacher believes that--
(a) he or she is seriously incompetent; or
(b) he or she has engaged in misconduct or
serious misconduct; or
15 (c) he or she is not fit to teach; or
(d) his or her ability to practise as a teacher
is seriously detrimentally affected or
likely to be seriously detrimentally
affected because of an impairment.
20 (2) If the Institute and the registered teacher
agree on the suspension of the registration or
a condition to be imposed on the registration
or to both of those things occurring, the
Institute may suspend the registration or
25 impose the condition on the registration
(as the case requires).
(3) If the Institute and the registered teacher do
not agree on the suspension of the
registration or a condition to be imposed on
30 the registration under this section, the
Institute must refer the matter to an
investigation under Division 11.
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Part 2--Amendments to Education and Training Reform Act 2006
s. 26
2.6.29B Agreements to amend, vary or revoke
conditions or revoke suspensions
(1) The Institute may, if the registered teacher so
agrees--
5 (a) amend, vary or revoke any condition
imposed on the teacher's registration by
the Institute under this Division without
a hearing by a hearing panel; or
(b) revoke a suspension of the teacher's
10 registration imposed by the Institute
under this Division and impose a
condition on the registration without a
hearing by a hearing panel; or
(c) revoke a suspension of the teacher's
15 registration imposed by the Institute
under this Division without a hearing
by a hearing panel if the teacher
satisfies the Institute that his or her
ability to practise as a teacher is no
20 longer affected.
(2) If the Institute and the registered teacher fail
to agree under subsection (1), the Institute
may refer the matter to a hearing of a hearing
panel.
25 2.6.29C Cancellation by agreement
(1) A registered teacher may, on surrender of his
or her registration, ask the Institute to cancel
his or her registration.
(2) The Institute may at the request of a
30 registered teacher cancel the registration of
the teacher.".
27 Powers of inquiry
(1) In section 2.6.30(1)(b)(ii) of the Principal Act, for
"serious misconduct" substitute "misconduct or
35 serious misconduct".
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s. 28
(2) After section 2.6.30(1)(b)(iii) of the Principal Act
insert--
"(iv) that a registered teacher's ability to practise
as a teacher is seriously detrimentally
5 affected or likely to be seriously
detrimentally affected because of an
impairment;".
28 Employer to notify Institute of action against
teacher
10 For section 2.6.31(1) of the Principal Act
substitute--
"(1) The employer of a registered teacher must
inform the Institute if the employer has
taken--
15 (a) any action against the registered teacher
in response to allegations--
(i) of serious incompetence of the
registered teacher; or
(ii) of serious misconduct of the
20 registered teacher; or
(iii) that the registered teacher is unfit
to be a teacher; or
(iv) that the registered teacher's ability
to practise as a teacher is seriously
25 detrimentally affected or likely to
be seriously detrimentally affected
because of an impairment; or
(b) any other actions against the registered
teacher that may be relevant to the
30 teacher's fitness to teach.".
29 When matters are to be investigated
(1) In section 2.6.33(1)(a) of the Principal Act, for
"serious misconduct" substitute "misconduct or
serious misconduct".
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(2) After section 2.6.33(1)(b) of the Principal Act
insert--
"(ba) a complaint involving a registered teacher's
ability to practise as a teacher being seriously
5 detrimentally affected or likely to be
seriously detrimentally affected because of
an impairment;".
30 New sections 2.6.33A, 2.6.33B, 2.6.33C and 2.6.33D
inserted
10 After section 2.6.33 of the Principal Act insert--
"2.6.33A Investigations without complaint or
notification
The Institute may investigate a matter
relating to a registered teacher without a
15 complaint or being informed of a matter
under section 2.6.33(1) if the Institute
reasonably believes that--
(a) the teacher is seriously incompetent; or
(b) the teacher has engaged in misconduct
20 or serious misconduct; or
(c) the teacher is unfit to teach; or
(d) the teacher's ability to practise as a
teacher has been seriously detrimentally
affected or is likely to be seriously
25 detrimentally affected because of an
impairment.
2.6.33B Institute to notify the teacher of an
investigation
(1) The Institute must give notice of an
30 investigation into a matter to the registered
teacher who is the subject of the
investigation.
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s. 30
(2) A notice under subsection (1) must--
(a) be in writing; and
(b) be sent by post within 14 days after the
Institute's decision to conduct an
5 investigation has been made; and
(c) advise the registered teacher of the
nature of the matter to be investigated;
and
(d) advise the registered teacher of the
10 procedures that can be taken under this
Division or Divisions 12 to 14.
(3) A notice under subsection (1) may also, in
the case of an investigation into the ability of
the registered teacher to practise as a teacher
15 under section 2.6.33A(d), ask the teacher to
advise the Institute within 28 days after
receiving the notice as to whether or not he
or she will agree to undergo a health
assessment in accordance with Division 11A
20 to assess his or her ability to practise as a
teacher.
2.6.33C Powers of investigator
An investigator may--
(a) by written notice given to a person,
25 require the person to do either or both
of the following--
(i) to give stated information to the
investigator within a stated
reasonable time and in a stated
30 reasonable way;
(ii) to attend before the investigator at
a stated reasonable time and place
to answer questions or to produce
a stated thing; and
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(b) ask the registered teacher to undergo a
health assessment in accordance with
Division 11A within 28 days after
receiving the notice; and
5 (c) conduct an investigation in the manner
determined by the investigator.
2.6.33D Investigation to be conducted
expeditiously
(1) An investigation under this Division must be
10 conducted as quickly as practicable having
regard to the nature of the matter being
investigated.
(2) Until the investigation is completed and a
determination is made under section 2.6.34
15 by the Institute about the matter being
investigated, the Institute must, at intervals
of not more than 3 months, report to the
following persons about the progress of the
investigation--
20 (a) any person who made a complaint in
relation to the matter being
investigated;
(b) the registered teacher being
investigated.
25 (3) If a matter has been referred to an
investigator to investigate, that investigator
must give the Institute any information the
Institute reasonably requires to enable the
Institute to comply with subsection (2).".
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Part 2--Amendments to Education and Training Reform Act 2006
s. 31
31 Outcome of investigation
For section 2.6.34(1) of the Principal Act
substitute--
"(1) On completing an investigation, the person
5 or persons conducting the investigation may
make one of the following
recommendations--
(a) that no further action be required; or
(b) that the matter or part of the matter be
10 settled by agreement between the
Institute and the registered teacher who
has been investigated; or
(c) that the matter or part of the matter be
settled by agreement between the
15 Institute, the registered teacher who has
been investigated and the complainant;
or
(d) that the registered teacher agree to the
cancellation of his or her registration;
20 or
(e) that an informal, formal or medical
panel hearing be held into the matter; or
(f) if the matter raises issues, which in the
investigator's opinion require
25 investigation by another person,
organisation or agency, refer the matter
to that person, organisation or agency.".
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32 New Division 11A inserted into Part 2.6
After Division 11 of the Principal Act insert--
"Division 11A--Health assessments
2.6.35A Definitions
5 In this Division--
health assessment means an assessment of a
person to determine whether the person
has an impairment and includes a
medical, physical, psychiatric or
10 psychological examination or test of the
person;
registered health practitioner has the same
meaning as in section 3(1) of the
Health Professions Registration Act
15 2005;
registered medical practitioner has the same
meaning as in section 3(1) of the
Health Professions Registration Act
2005.
20 2.6.35B Health assessments
(1) If a registered teacher agrees to undergo a
health assessment, the teacher must be
assessed by a registered health practitioner
who is agreed on by the Institute and the
25 teacher.
(2) If the Institute and the registered teacher are
unable to agree on a registered health
practitioner to conduct the assessment, the
Chairperson of the Council must appoint a
30 registered health practitioner to perform the
assessment.
(3) The Institute must pay for the assessment.
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2.6.35C Report of health assessment
(1) The assessing health practitioner must give a
report of his or her assessment to the
investigator.
5 (2) The investigator must--
(a) give a copy of the report to the
registered teacher within 7 days after
receiving the report unless subsection
(3) applies; and
10 (b) discuss the report with the registered
teacher, and, in the case of an adverse
finding in the report, the possible ways
of dealing with that finding.
(3) If the report contains information of a
15 medical or psychiatric nature concerning the
registered teacher and it appears to the
investigator that the disclosure of that
information to the teacher might be
prejudicial to the physical or mental health or
20 wellbeing of the teacher, the investigator
may decide not to give that information to
the teacher but to give it instead to a
registered medical practitioner or a registered
health practitioner nominated by that teacher.
25 (4) Before acting under subsection (3), the
investigator must report to the Institute and,
if the investigator is not a registered health
practitioner and the Institute is of the opinion
that it is necessary for the investigation of
30 the matter to be continued by a registered
health practitioner, the Institute may appoint
a registered health practitioner as an
investigator to continue the investigation.
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2.6.35D Refusal to attend or cooperate
(1) If a registered teacher, who is the subject of
an investigation under this Part--
(a) does not agree to undergo a health
5 assessment; or
(b) does not abide by an agreement to
undergo a health assessment--
the investigator must report on the matter to
the Institute together with any
10 recommendations of the investigator to the
Institute.
(2) After receiving a report from the investigator
under subsection (1), the Institute may refer
the matter to a hearing by a medical panel.
15 2.6.35E Health assessments required by a medical
panel
(1) If a medical panel appointed under this Part
requires a registered teacher to undergo a
health assessment, the teacher must be
20 assessed by a registered health practitioner
who is appointed by the panel.
Note
Under section 2.6.41F, a medical panel may direct a
registered teacher to undergo a health assessment to
25 assess the teacher's ability to practise as a teacher if
the panel believes that the teacher may have an
impairment.
(2) The Institute must pay for the assessment.
(3) The assessing health practitioner must give a
30 report of his or her assessment to the panel.
(4) The panel may discuss the report with the
registered teacher, and, in the case of an
adverse finding in the report, the possible
ways of dealing with that finding.".
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s. 33
33 Division 12 of Part 2.6 heading substituted
For the heading to Division 12 of Part 2.6 of the
Principal Act substitute--
"Division 12--Hearing panel hearings".
5 34 New Subdivision 1 of Division 12 of Part 2.6 inserted
and heading to Subdivision 2 inserted
In Division 12 of Part 2.6 of the Principal Act,
before section 2.6.36 insert--
"Subdivision 1--Pool of persons to sit on
10 hearing panels
2.6.35F Pool of approved persons who may sit on
hearing panels
(1) The Governor in Council, on the
recommendation of the Minister, may
15 approve a pool of persons who may be
appointed to a hearing panel under this
Division.
(2) The number of persons in the pool must not
exceed 30.
20 (3) Any of the following persons may be
approved for a pool under this section--
(a) persons who have been admitted to
legal practice in Victoria for not less
than 5 years;
25 (b) persons who are current or former
members of the Council;
(c) registered teachers;
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(d) medical practitioners registered under
the Health Professions Registration
Act 2005;
(e) psychologists registered under the
5 Health Professions Registration Act
2005;
(f) persons who have knowledge of or
experience in health and community
services.
10 (4) The Governor in Council, on the
recommendation of the Minister, may revoke
the approval of a person under this section.
Subdivision 2--Informal hearings".
35 Establishment and notification of an informal
15 hearing
(1) In section 2.6.36 of the Principal Act, after
"registered teacher" (where first occurring) insert
"or the ability of the registered teacher to practise
as a teacher".
20 (2) For section 2.6.36(a) of the Principal Act
substitute--
"(a) appoint a panel from the pool of persons
approved under section 2.6.35F to hold the
informal hearing; and".
25 36 Section 2.6.37 substituted
For section 2.6.37 of the Principal Act
substitute--
"2.6.37 Constitution of informal hearing panel
(1) A panel appointed to hold an informal
30 hearing must consist of not less than
3 persons who are approved under section
2.6.35F, of whom--
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(a) one is to be the Chairperson, who must
be a member or former member of the
Council; and
(b) one must be a registered teacher.
5 (2) A person who has made a complaint or
undertaken an investigation of the matter is
not entitled to be a member of the informal
hearing panel.".
37 Notice of an informal hearing
10 In section 2.6.38(f) of the Principal Act, for
"Professional Practice and Conduct Committee"
substitute "informal hearing panel".
38 Conduct of an informal hearing
For section 2.6.39(a) of the Principal Act
15 substitute--
"(a) the informal hearing panel must hear and
determine the matter before it; and".
39 Findings and determinations of an informal hearing
(1) For section 2.6.40(1) of the Principal Act
20 substitute--
"(1) After considering all the submissions made
to the hearing, the informal hearing panel
may make findings about whether or not--
(a) the teacher has by act or omission
25 engaged in misconduct; or
(b) the matter should be referred to a
formal hearing.
(1A) If the panel finds that the teacher has
engaged in misconduct, the panel may make
30 one or more of the following
determinations--
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(a) that the matter be referred to a medical
panel hearing, if the panel is of the
opinion that the teacher's ability to
teach is seriously detrimentally affected
5 or likely to be seriously detrimentally
affected because of an impairment;
(b) that the teacher be cautioned;
(c) that the teacher be reprimanded;
(d) that any condition be placed on the
10 teacher's registration including a
condition--
(i) that the teacher undertake and
complete specified further
education or training within a
15 specified period; or
(ii) that the teacher undergo
counselling.".
(2) In section 2.6.40(2) of the Principal Act for
"Committee" (wherever occurring) substitute
20 "panel".
40 Section 2.6.41 substituted
For section 2.6.41 of the Principal Act
substitute--
"2.6.41 Change of informal hearing to formal or
25 medical panel hearing during course of
hearing
If, before the end of the informal hearing--
(a) the teacher requests that a formal
hearing be held; or
30 (b) the informal hearing panel is of the
opinion that a formal hearing should be
held; or
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(c) the matter is referred to a medical panel
because the informal hearing panel is of
the opinion that the teacher's ability to
teach is seriously detrimentally affected
5 or likely to be seriously detrimentally
affected because of an impairment--
the panel must abandon the informal hearing
and refer the matter to a formal hearing or a
medical panel hearing (as the case
10 requires).".
41 New Subdivision 3 of Division 12 of Part 2.6 inserted
After section 2.6.41 of the Principal Act insert--
"Subdivision 3--Medical panel hearings
2.6.41A Appointment and notification of medical
15 panel hearing
If the Institute has determined under section
2.6.34 or 2.6.35D that a medical panel
hearing be held into a registered teacher's
ability to practise as a teacher or an informal
20 or formal hearing panel has referred a matter
to a medical panel hearing in relation to a
registered teacher's ability to practice as a
teacher, the Institute must--
(a) appoint a medical panel from the pool
25 of persons approved under section
2.6.35F to hold the hearing; and
(b) fix a time and place for the hearing to
be held; and
(c) serve a notice by post on the registered
30 teacher under section 2.6.41C; and
(d) serve notice on any complainant by
post which complies with
sections 2.6.41C(a) and 2.6.41C(b).
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2.6.41B Constitution of medical hearing panel
(1) A medical panel appointed to hold a hearing
must consist of not less than 3 persons who
are approved under section 2.6.35F, of
5 whom--
(a) one must be a person who has been
admitted to legal practice in Victoria
for not less than 5 years; and
(b) one must be a medical practitioner or
10 psychologist registered under the
Health Professions Registration Act
2005; and
(c) one must be a registered teacher.
(2) A person is not entitled to be a member of
15 the medical panel if the person has made a
complaint or been involved in any
proceedings under this Division relating to
the matter to be referred to the panel.
2.6.41C Notice of medical panel hearing
20 A notice of a medical panel hearing must--
(a) state the nature of the hearing and the
complaint or allegations made against
the teacher; and
(b) give the time and place of the hearing;
25 and
(c) state that there is no right to legal
representation at the hearing, but that
the teacher may seek leave of the panel
before the hearing to have legal
30 representation; and
(d) state that the teacher is entitled to be
present and to make submissions and to
be accompanied by another person; and
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(e) state that the hearing is not open to the
public; and
(f) list the findings the panel can make;
and
5 (g) state that there is a right of review of
the panel's determinations.
2.6.41D Conduct of a medical panel hearing
At a medical panel hearing--
(a) the panel must hear and determine the
10 matter before it; and
(b) the teacher who is the subject of the
hearing is entitled to be present, to
make submissions and be accompanied
by another person; and
15 (c) the teacher has no right to legal
representation at the hearing, but the
teacher may seek leave of the panel
before the hearing to have legal
representation; and
20 (d) the proceedings of the hearing must not
be open to the public.
2.6.41E Findings and determinations of medical
panel hearing
(1) After considering all the submissions made
25 to a hearing into the ability of a registered
teacher to practise as a teacher, a medical
panel may find that--
(a) the ability of the teacher to practise as a
teacher is seriously detrimentally
30 affected or likely to be seriously
detrimentally affected because of an
impairment; or
(b) the ability of the teacher to practise as a
teacher is not affected.
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(2) If the medical panel makes a finding under
subsection (1)(a), the panel may make one or
more of the following determinations--
(a) to impose any condition on the
5 registration of the teacher;
(b) to suspend the registration of the
teacher for the period and subject to
any condition specified in the
determination.
10 (3) Without limiting the powers of the medical
panel under subsection (2)(a), the panel may
determine to impose all or any of the
following conditions on the registration of a
teacher--
15 (a) that the teacher undergo counselling;
(b) that the teacher undertake and complete
specified further education or training
within a specified period;
(c) that the teacher work under the
20 supervision of another registered
teacher;
(d) that the teacher attend a health
practitioner registered under the Health
Professions Registration Act 2005 for
25 treatment.
(4) If the health panel makes a finding under
subsection (1)(b), the panel may determine
that no further action be taken.
2.6.41F Referral to a health assessment
30 The medical panel, at any time during the
panel's hearing into a registered teacher's
ability to practise, may direct the teacher to
undergo a health assessment in accordance
with Division 11A to assess the teacher's
35 ability to practise as a teacher if the panel
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s. 42
believes that the teacher may have an
impairment.
2.6.41G Referral to formal hearing
(1) The medical panel must refer a matter arising
5 out of a hearing to a formal hearing if the
panel is of the opinion that the registered
teacher's ability to practise as a teacher is
affected to such an extent that there is a
reasonable likelihood that a formal hearing
10 panel may determine to cancel the
registration of the teacher.
(2) A medical panel may cease a hearing into a
registered teacher's ability to practise as a
teacher and refer the matter to a formal
15 hearing if the panel is of the opinion that the
teacher is seriously incompetent in his or her
teaching practice or has engaged in
misconduct or serious misconduct.
(3) If a matter is referred to a formal hearing
20 under this section, any hearing by a medical
panel into the registered teacher's ability to
practise as a teacher must be abandoned.".
42 New Subdivision heading inserted in Division 12 of
Part 2.6
25 In Division 12 of Part 2.6, before section 2.6.42 of
the Principal Act insert--
"Subdivision 4--Formal hearings".
43 Establishment and notification of formal hearing
(1) In section 2.6.42(b) of the Principal Act, for
30 "Professional Practice and Conduct Committee"
substitute "informal hearing panel or medical
panel".
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(2) In section 2.6.42(c) of the Principal Act, after
"panel" insert "from the pool of persons approved
under section 2.6.35F".
44 Constitution of a hearing panel for a formal hearing
5 (1) In section 2.6.43(1)(a) of the Principal Act, after
"member" insert "or a former member".
(2) Section 2.6.43(2) of the Principal Act is repealed.
(3) For section 2.6.43(3)(b) of the Principal Act
substitute--
10 "(b) a person who has been a member of a
medical panel or an informal hearing panel,
which held a hearing into the matter;".
45 Conduct of a formal hearing
In section 2.6.45(a) of the Principal Act omit
15 "hearing".
46 Findings and determinations of a formal hearing
(1) In the heading to section 2.6.46 of the Principal
Act omit "into conduct".
(2) In section 2.6.46(1)(a) of the Principal Act, for
20 "serious misconduct" substitute "misconduct of
serious misconduct".
(3) In section 2.6.46(2) of the Principal Act--
(a) in paragraph (c), for "serious misconduct"
substitute "misconduct or serious
25 misconduct";
(b) for paragraph (h) substitute--
"(h) impose conditions, limitations or
restrictions on the registration of the
teacher including a condition that the
30 teacher--
(i) undergo counselling; or
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s. 47
(ii) undertake and complete specified
further education or training
within a specified period;
(ha) caution the teacher;
5 (hb) reprimand the teacher;
(hc) refer the matter to a medical panel
hearing, if the panel is of the opinion
that the teacher's ability to teach is
seriously detrimentally affected or
10 likely to be seriously detrimentally
affected because of an impairment;";
(c) in paragraph (j), for "teacher." substitute
"teacher;";
(d) after paragraph (j) insert--
15 "(k) disqualify the teacher from applying for
registration under Division 3 or 4
within a specified period if the teacher's
registration is cancelled by the panel.".
47 Procedure at hearings of hearing panels
20 (1) For the heading to section 2.6.48 of the Principal
Act substitute--
"Procedure at hearing panel hearings".
(2) In section 2.6.48 of the Principal Act--
(a) for "formal or informal hearing" substitute
25 "hearing of a hearing panel";
(b) for "the procedure of the Professional
Practice and Conduct Committee or a"
substitute "a hearing";
(c) in paragraphs (c) and (d) for "Committee
30 or a" substitute "hearing".
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48 Determinations
In section 2.6.49 of the Principal Act for "a panel"
(wherever occurring) substitute "a hearing panel".
49 Notice of cancellations and determinations of
5 informal hearing panel
In section 2.6.50 of the Principal Act, for "the
Professional Practice and Conduct Committee or a
panel" substitute "a hearing panel".
50 Notifications
10 (1) In section 2.6.51(1) of the Principal Act, for
"panel" substitute "formal hearing panel".
(2) In section 2.6.51(4) of the Principal Act--
(a) in paragraph (a), after "informal hearing"
insert "or a medical panel hearing";
15 (b) in paragraph (b), omit "in the case of a
formal or informal hearing,".
51 Offence to disclose information identifying
complainant, witness or teacher
(1) In section 2.6.52 of the Principal Act omit
20 "formal".
(2) In section 2.6.52 of the Principal Act, for "panel"
(wherever occurring) substitute "hearing panel".
52 Review by VCAT
(1) In section 2.6.55(1)(c) of the Principal Act, for
25 "registration." substitute "registration; or".
(2) After section 2.6.55(1)(c) of the Principal Act
insert--
"(d) a determination made under Divisions 12
and 13--
30 (i) cautioning a registered teacher;
(ii) reprimanding a registered teacher;
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s. 53
(iii) disqualifying a registered teacher from
applying for registration under
Division 3 or 4 within a specified
period if his or her registration is
5 cancelled.".
53 Delegation
(1) In section 2.6.67 of the Principal Act, for
"The Council may" substitute "The Institute
may".
10 (2) After section 2.6.67(f) of the Principal Act
insert--
"(fa) the power to refer a matter to a medical panel
hearing under section 2.6.34 or 2.6.35D; or".
(3) At the end of section 2.6.67 of the Principal Act
15 insert--
"(2) Despite subsection (1), the Institute may, in
writing, delegate to the Chief Executive
Officer of the Institute its power--
(a) to grant a person permission to teach;
20 and
(b) to impose or to amend, vary or revoke
conditions, limitations or restrictions on
a permission to teach.".
54 Repeal of section 2.6.69
25 Section 2.6.69 of the Principal Act is repealed.
55 Terms of Office
In section 2.6.71(2) of the Principal Act, after
"body" insert "established under this Part".
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56 Procedure of committee, panel or body
In section 2.6.74(5) of the Principal Act--
(a) omit "the Professional Practice and Conduct
Committee or";
5 (b) omit "Committee or" (where twice
occurring).
57 Immunity
In section 2.6.76 of the Principal Act omit
"established for a formal hearing".
10 58 Interpretation
In section 4.1.1(1) of the Principal Act, for the
definition of senior secondary course
substitute--
"senior secondary course means a course leading
15 to a senior secondary qualification or any
other course pertaining to year 11 or 12;".
59 Terms of registration
(1) After section 4.3.12(1) of the Principal Act
insert--
20 "(1A) Despite subsection (1), if a registered school
is registered with respect to the provision of
an accredited senior secondary course, that
registration remains in force until it is
suspended or cancelled under subsection (3),
25 (5) or (6).".
(2) After section 4.3.12(4) of the Principal Act
insert--
"(5) The registration of a registered school with
respect to an accredited senior secondary
30 course is cancelled if any of the following
things occur--
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(a) in the case of registration with respect
to the VCE or VCAL, the Victorian
Curriculum and Assessment Authority
withdraws its acceptance;
5 (b) in the case of registration with respect
to the International Baccalaureate
Diploma, the International
Baccalaureate Organisation withdraws
its approval;
10 (c) the accreditation of the course is
cancelled by the Authority under
Part 4.4;
(d) the Authority cancels the registration of
the school under section 4.3.4;
15 (e) the Authority imposes a condition on
the registration of the school under
section 4.3.4 prohibiting the school
from providing education for students
in years 11 and 12;
20 (f) the school is no longer registered in
respect of providing education for
students in years 11 and 12.
(6) The registration of a registered school with
respect to an accredited senior secondary
25 course is suspended if the Authority
suspends the registration of the school under
section 4.3.4, the period of suspension being
the same as the period of suspension of the
school's registration.".
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s. 60
60 New sections 6.1.12, 6.1.13 and 6.1.14 inserted
After section 6.1.11 of the Principal Act insert--
"6.1.12 Transitional provisions--Education and
Training Reform Amendment Act 2009
5 (1) Each Merit Protection Board constituted
before the commencement day is abolished
and its members go out of office.
(2) Despite subsection (1), if before the
commencement day a Merit Protection
10 Board had begun to hear a review or an
appeal, that Board may continue to hear the
review or appeal as if this Act had not been
amended by the Education and Training
Reform Amendment Act 2009.
15 (3) In this section commencement day means
the day that section 6 of the Education and
Training Reform Amendment Act 2009
comes into operation.
6.1.13 Transitional provisions--Education and
20 Training Reform Amendment Act 2009
(1) All members of the Council of the Victorian
Institute of Teaching go out of office on
28 November 2011.
(2) The Council of the Victorian Institute of
25 Teaching continues in operation despite the
changes to its constitution effected under
section 13 of the Education and Training
Reform Amendment Act 2009.
6.1.14 Transitional provisions--Education and
30 Training Reform Amendment Act 2009
(1) Despite the amendments made to section
2.6.11 by section 18 of the Education and
Training Reform Amendment Act 2009,
the period of registration of a person
35 registered as a non-practising teacher
561337B.I-9/12/2009 40 BILL LA INTRODUCTION 9/12/2009
Education and Training Reform Amendment Bill 2009
Part 2--Amendments to Education and Training Reform Act 2006
s. 61
immediately before the commencement of
that section 18 remains in force until the
expiry of that period.
(2) Despite the amendments made to section
5 2.6.14 by section 20 of the Education and
Training Reform Amendment Act 2009,
the period of registration of a person granted
permission to teach immediately before the
commencement of that section 20 remains in
10 force until the expiry of that period.
(3) Despite the amendments made to section
2.6.17 by section 23 of the Education and
Training Reform Amendment Act 2009,
the period of registration of a teacher (within
15 the meaning of section 2.6.17 as in force
before the amendments made to it by that
section 23) who was registered immediately
before the commencement of that section 23,
is taken to continue in force until the first
20 occurrence of 30 September after the day
that the registration would have expired
under section 2.6.17 as in force before the
amendments made to it by that section 23.".
61 New section 6.1.15 inserted
25 At the end of Chapter 6 of the Principal Act
insert--
"6.1.15 Transitional provision--Education and
Training Reform Amendment Act 2009
(1) This section applies to a school that is
30 deemed under clause 1.5 of Schedule 8 to be
registered as a school under this Act.
(2) A school is deemed to be registered under
Division 3 of Part 4.3 with respect to the
following accredited senior secondary
35 courses if immediately before 1 July 2007
the school--
561337B.I-9/12/2009 41 BILL LA INTRODUCTION 9/12/2009
Education and Training Reform Amendment Bill 2009
Part 2--Amendments to Education and Training Reform Act 2006
s. 62
(a) in the case of the VCE or VCAL, had
been accepted by the Victorian
Assessment and Curriculum Authority
to offer the VCE or VCAL (as the case
5 may be);
(b) in the case of the International
Baccalaureate Diploma, had been
approved by the International
Baccalaureate Organisation to offer the
10 International Baccalaureate Diploma.".
62 Substitution of Schedule 1
For Schedule 1 to the Principal Act substitute--
"SCHEDULE 1
Sections 1.2.2(2)(b), 2.2.4(1), 2.2.7(3)
15 LEARNING AREAS SUBJECT TO FREE
INSTRUCTION
English
Mathematics
Sciences (including physics, chemistry and
20 biology)
Humanities and social sciences (including history,
geography, economics, business, civics and
citizenship)
The arts
25 Languages
Health and physical education
Information and communication technology and
design and technology
__________________".
__________________
561337B.I-9/12/2009 42 BILL LA INTRODUCTION 9/12/2009
Education and Training Reform Amendment Bill 2009
Part 3--Repeal of Amending Act
s. 63
PART 3--REPEAL OF AMENDING ACT
63 Repeal of amending Act
This Act is repealed on 1 January 2012.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561337B.I-9/12/2009 43 BILL LA INTRODUCTION 9/12/2009
Education and Training Reform Amendment Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561337B.I-9/12/2009 44 BILL LA INTRODUCTION 9/12/2009
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