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PARLIAMENT OF VICTORIA
Education and Training Reform Amendment
(Miscellaneous) Bill 2014
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
3 Principal Act 3
PART 2--AMENDMENT OF THE EDUCATION AND TRAINING
REFORM ACT 2006 4
4 Definitions 4
5 Minister may constitute school council by Order 5
6 Powers of a school council 5
7 Reviews 5
8 New section 2.6.26AB inserted 6
2.6.26AB Teacher must notify Institute of change to
employer 6
9 New section 2.6.26C inserted 6
2.6.26C Early childhood teacher must notify Institute of
change to employer 6
10 New section 2.6.26D inserted 7
2.6.26D Secretary may disclose information to Institute 7
11 New section 3.1.12E inserted 7
3.1.12E TAFE institute to keep books and accounts 7
12 Accountability of TAFE institute boards 7
13 Strategic plans 8
14 Minister may object to appointment of chief executive officer 8
15 Membership of Regional Councils 8
16 Meetings of Councils 8
17 Functions of Authority 8
18 Requirements for registration 9
19 New section 4.3.1A inserted 10
4.3.1A Authority may assess the financial capability of
registered non-Government schools 10
20 Compliance with standards for registration 11
21 Review of operations of schools by Authority 11
571453B.I-20/8/2014 i BILL LA INTRODUCTION 20/8/2014
Clause Page
22 New sections 4.3.3A, 4.3.3B, 4.3.3C, 4.3.3D and 4.3.3E
substituted for section 4.3.3(4) to (7) 13
4.3.3A Undertakings by school 13
4.3.3B Copy of undertaking 14
4.3.3C Register of undertakings 14
4.3.3D Authority may apply for Court order if undertaking
breached 14
4.3.3E Procedure after decision to take action in respect
of school 15
23 Action after review 16
24 New sections 4.3.4A and 4.3.4B inserted 17
4.3.4A Authority may suspend or cancel registration
of school in other circumstances 17
4.3.4B Authority must give notice to school of action 19
25 New section 4.3.8A inserted 19
4.3.8A Authority may issue guidelines 19
26 Terms of registration 20
27 Accreditation of a course or part of a course 20
28 Information may be made available 21
29 Delegations by Minister 22
30 Repeal of section 5.2.12--Minister's powers to make orders 22
31 New section 5.5.26 inserted 22
5.5.26 Information sharing 22
32 Authorised officers 23
33 New section 6.1.39 inserted 23
6.1.39 Transitional provisions--the Education and
Training Reform Amendment (Miscellaneous)
Act 2014 23
34 Amendments to Schedule 6--Ministerial Orders 24
13 Granting of licences over land by school councils 24
35 Amendments to Schedule 6--Ministerial Orders 24
14 Protection scheme for fees paid to non-Government
schools 24
36 Statute law revision amendments 25
PART 3--AMENDMENTS TO UNIVERSITY ACTS 27
Division 1--Deakin University Act 2009 27
37 Clause 1 of Schedule 1 substituted 27
1 Terms and conditions of office of Council members 27
38 New Division 4 inserted in Part 8 28
Division 4--Education and Training Reform Amendment
(Miscellaneous) Act 2014 28
79 Saving of Council appointments 28
571453B.I-20/8/2014 ii BILL LA INTRODUCTION 20/8/2014
Clause Page
Division 2--Federation University Australia Act 2010 28
39 Clause 1 of Schedule 1 substituted 28
1 Terms and conditions of office of Council members 28
40 New Division 5 inserted in Part 8 29
Division 5--Education and Training Reform Amendment
(Miscellaneous) Act 2014 29
85 Saving of Council appointments 29
Division 3--La Trobe University Act 2009 30
41 Clause 1 of Schedule substituted 30
1 Terms and conditions of office of Council members 30
42 New Division 4 inserted in Part 8 31
Division 4--Education and Training Reform Amendment
(Miscellaneous) Act 2014 31
79 Saving of Council appointments 31
Division 4--Monash University Act 2009 31
43 Clause 1 of Schedule 1 substituted 31
1 Terms and conditions of office of Council members 31
44 New Division 4 inserted in Part 8 32
Division 4--Education and Training Reform Amendment
(Miscellaneous) Act 2014 32
80 Saving of Council appointments 32
Division 5--Royal Melbourne Institute of Technology Act 2010 33
45 Clause 1 of Schedule 1 substituted 33
1 Terms and conditions of office of Council members 33
46 New Division 4 inserted in Part 8 34
Division 4--Education and Training Reform Amendment
(Miscellaneous) Act 2014 34
79 Saving of Council appointments 34
Division 6--Swinburne University of Technology Act 2010 35
47 Clause 1 of Schedule 1 substituted 35
1 Terms and conditions of office of Council members 35
48 New Division 4 inserted in Part 8 36
Division 4--Education and Training Reform Amendment
(Miscellaneous) Act 2014 36
79 Saving of Council appointments 36
571453B.I-20/8/2014 iii BILL LA INTRODUCTION 20/8/2014
Clause Page
Division 7--University of Melbourne Act 2009 36
49 Clause 1 of Schedule 1 substituted 36
1 Terms and conditions of office of Council members 36
50 New Division 5 inserted in Part 8 37
Division 5--Education and Training Reform Amendment
(Miscellaneous) Act 2014 37
83 Saving of Council appointments 37
Division 8--Victoria University Act 2010 38
51 Clause 1 of Schedule 1 substituted 38
1 Terms and conditions of office of Council members 38
52 New Division 4 inserted in Part 8 39
Division 4--Education and Training Reform Amendment
(Miscellaneous) Act 2014 39
79 Saving of Council appointments 39
PART 4--AMENDMENT OF OTHER ACTS 40
53 Amendment of Education and Training Reform
Amendment (Registration of Early Childhood Teachers
and Victorian Institute of Teaching) Act 2014--False
representation 40
54 Statute law revision amendment--Working with Children
Act 2005 41
55 Statute law revision amendment--Workplace Injury
Rehabilitation and Compensation Act 2013 41
PART 5--REPEAL OF AMENDING ACT 42
56 Repeal of amending Act 42
ENDNOTES 43
571453B.I-20/8/2014 iv BILL LA INTRODUCTION 20/8/2014
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Education and Training Reform
Amendment (Miscellaneous) Bill 2014
A Bill for an Act to amend the Education and Training Reform Act
2006 to strengthen the regulation of schools and to amend various
university Acts in relation to university governance and for other
purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are--
(a) to amend the Education and Training
5 Reform Act 2006--
(i) to further strengthen the regulation of
schools by enhancing the functions and
powers of the Victorian Registration
571453B.I-20/8/2014 1 BILL LA INTRODUCTION 20/8/2014
Education and Training Reform Amendment (Miscellaneous) Bill 2014
Part 1--Preliminary
s. 2
and Qualifications Authority and school
councils; and
(ii) to make minor amendments relating to
apprenticeships and teacher
5 registration; and
(b) to make minor amendments to various
university Acts relating to university
governance; and
(c) to make minor amendments to other Acts.
10 2 Commencement
(1) Part 4 and this Part and sections 6, 29, 34 and 36
come into operation on the day after the day on
which this Act receives the Royal Assent.
(2) Subject to subsection (3), the remaining
15 provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in subsection (2) does
not come into operation before 1 September 2015,
it comes into operation on that day.
571453B.I-20/8/2014 2 BILL LA INTRODUCTION 20/8/2014
Education and Training Reform Amendment (Miscellaneous) Bill 2014
Part 1--Preliminary
s. 3
3 Principal Act
In Part 2 of this Act the Education and Training See:
Act No.
Reform Act 2006 is called the Principal Act. 24/2006.
Reprint No. 4
as at
17 January
2013 and
amending
Act Nos
71/2010,
76/2011,
39/2012.
14/2013,
47/2013,
67/2013,
76/2013,
6/2014,
17/2014,
19/2014,
37/2014 and
44/2014.
LawToday:
www.
legislation.
vic.gov.au
__________________
571453B.I-20/8/2014 3 BILL LA INTRODUCTION 20/8/2014
Education and Training Reform Amendment (Miscellaneous) Bill 2014
Part 2--Amendment of the Education and Training Reform Act 2006
s. 4
PART 2--AMENDMENT OF THE EDUCATION AND
TRAINING REFORM ACT 2006
4 Definitions
(1) In section 1.1.3(1) of the Principal Act insert the
5 following definitions--
"municipal council has the same meaning as
Council has in section 3(1) of the Local
Government Act 1989;
parents' club means an association (by whatever
10 name called) of parents of a Government
school, whether or not the association also
includes teachers and friends of the school;
public sector body has the same meaning as in
section 4(1) of the Public Administration
15 Act 2004;".
(2) In section 1.1.3(1) of the Principal Act insert the
following definition--
"child abuse includes--
(a) any act committed against a person
20 under the age of 18 years involving--
(i) a sexual offence; or
(ii) an offence under section 49B(2)
of the Crimes Act 1958; and
(b) any of the following--
25 (i) physical violence;
(ii) serious emotional or
psychological harm;
(iii) exploitation--
that does not include the reasonable
30 discipline, management or care of the
person or the participation of the person
in reasonable family or community
labour; and
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Part 2--Amendment of the Education and Training Reform Act 2006
s. 5
(c) the serious neglect of a person under
the age of 18 years;".
5 Minister may constitute school council by Order
(1) In section 2.3.2(6)(a) of the Principal Act, after
5 "council" insert "and any parents' club of a school
in relation to which the council is constituted".
(2) For section 2.3.2(7) of the Principal Act
substitute--
"(7) An Order made under subsection (6)(a)
10 dissolving a council or a parents' club may
make provision for or with respect to any
matter of an ancillary, consequential,
transitional or savings nature consequent on
the making of the Order including the rights,
15 obligations and assignment of any property
or other assets (subject to trusts), of any
council or parents' club referred to in the
Order.".
6 Powers of a school council
20 In section 2.3.6 of the Principal Act--
(a) after subsection (1)(c) insert--
"(ca) grant a licence over any land of the
school in accordance with any
Ministerial Order and any guidelines
25 issued by the Minister;";
(b) for subsection (3)(c)(i) substitute--
"(i) grant any interest in land (other than a
licence), including school lands or
buildings;".
30 7 Reviews
In section 2.4.51(1) of the Principal Act, omit
"or executive".
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Part 2--Amendment of the Education and Training Reform Act 2006
s. 8
8 New section 2.6.26AB inserted
After section 2.6.26A of the Principal Act
insert--
"2.6.26AB Teacher must notify Institute of change to
5 employer
(1) A teacher must notify the Institute in writing
of the name of any school at which the
teacher is employed within 30 days of
commencing employment at that school.
10 (2) A teacher must notify the Institute in writing
if the teacher ceases to be employed at a
school within 30 days of ceasing
employment at that school.".
9 New section 2.6.26C inserted
15 After section 2.6.26B of the Principal Act
insert--
"2.6.26C Early childhood teacher must notify
Institute of change to employer
(1) An early childhood teacher must notify the
20 Institute in writing of the name of any early
childhood service at which the early
childhood teacher is employed within
30 days of commencing employment at that
early childhood service.
25 (2) An early childhood teacher must notify the
Institute in writing if the early childhood
teacher ceases to be employed at an early
childhood service within 30 days of ceasing
employment at that early childhood
30 service.".
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Part 2--Amendment of the Education and Training Reform Act 2006
s. 10
10 New section 2.6.26D inserted
Before Division 8 of Part 2.6 of the Principal Act
insert--
"2.6.26D Secretary may disclose information to
5 Institute
If the Secretary considers it appropriate to
do so, the Secretary may disclose to the
Institute any information the Secretary has
about, or arising from, an application under
10 section 2.6.60A or 2.6.60B.".
11 New section 3.1.12E inserted
After section 3.1.12D of the Principal Act
insert--
"3.1.12E TAFE institute to keep books and
15 accounts
(1) A TAFE institute must establish and keep
full and complete books and accounts of all
money received and paid by the TAFE
institute and must arrange for a continuous
20 audit of the income and expenditure to be
made at any intervals not exceeding one
month that the Minister directs.
(2) The books and accounts referred to in
subsection (1) must be kept in the form and
25 manner approved by the Auditor-General.".
12 Accountability of TAFE institute boards
Section 3.1.15(3) and (4) of the Principal Act are
repealed.
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Part 2--Amendment of the Education and Training Reform Act 2006
s. 13
13 Strategic plans
After section 3.1.18A(3) of the Principal Act
insert--
"(3A) If the Minister refuses to accept a strategic
5 plan under subsection (3)(c), the board of the
TAFE institute must, at the time or times
determined by the Minister, amend and
resubmit the strategic plan to the Minister for
acceptance.".
10 14 Minister may object to appointment of chief
executive officer
In section 3.1.24(2) of the Principal Act, for
"10 days" substitute "14 days".
15 Membership of Regional Councils
15 In section 3.3.21 of the Principal Act--
(a) in subsection (1), for "9 members"
substitute "5 or more members";
(b) in subsection (3)(c), for "responsibilities."
substitute "responsibilities;";
20 (c) after subsection (3)(c) insert--
"(d) have knowledge and experience of
issues affecting the local industry and
the broader local community in that
region.".
25 16 Meetings of Councils
Section 3.3.23(1) of the Principal Act is repealed.
17 Functions of Authority
(1) In section 4.2.2(1)(fb) of the Principal Act, after
"providers" insert "and registered non-
30 Government schools".
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s. 18
(2) For section 4.2.2(1)(na) of the Principal Act
substitute--
"(na) protect the interests of students as consumers
of education or training services, whether
5 delivered in schools or by providers of
vocational education and training, further
education, higher education or technical and
further education;".
18 Requirements for registration
10 (1) In section 4.3.1(6)(c) of the Principal Act, for
"policy." substitute "policy; and".
(2) After section 4.3.1(6)(c) of the Principal Act
insert--
"(d) the school has developed policies in
15 accordance with a Ministerial Order for
managing the risk of child abuse including--
(i) the implementation of minimum
standards for a child-safe environment;
and
20 (ii) responding to allegations of child abuse
committed against a child enrolled at
the school or committed by an
employee or a student, contractor or
volunteer of the school or other person
25 connected with the school.".
(3) After section 4.3.1(6) of the Principal Act
insert--
"(6A) The Authority may impose reasonable
conditions on the registration of the school to
30 take effect for the whole or any part of the
period of registration.
(6B) It is a condition of registration of a
non-Government school that the school
or any person involved in the management
35 or operation of the school comply with any
571453B.I-20/8/2014 9 BILL LA INTRODUCTION 20/8/2014
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Part 2--Amendment of the Education and Training Reform Act 2006
s. 19
requirements of the Authority for the
purposes of the monitoring or assessment of
the school's financial capabilities conducted
by the Authority in accordance with
5 section 4.3.1A.
Note
The Authority may impose a condition on a
non-Government school under section 4.3.1A(3) to
put in place a protection scheme for school fees if the
10 school is assessed by the Authority as not being
financially viable.".
(4) In section 4.3.1(8) of the Principal Act, for
"subsections (6)(a) to (6)(c)" substitute
"subsection (6)(a) to (d)".
15 19 New section 4.3.1A inserted
After section 4.3.1 of the Principal Act insert--
"4.3.1A Authority may assess the financial
capability of registered non-Government
schools
20 (1) The Authority may at any time monitor, or
conduct an assessment of, the financial
capabilities of a non-Government school
registered under this Division.
(2) Any monitoring or assessment conducted
25 under subsection (1) must be conducted in
accordance with the regulations and the
guidelines issued under section 4.3.8A.
(3) If a school is assessed by the Authority as
not being financially viable, or an assessment
30 raises serious concerns about whether the
school is financially viable, the Authority
may do one or more of the following--
(a) report to parents of students at the
school on the result of the assessment,
35 including the areas in which the school
is no longer financially viable;
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Part 2--Amendment of the Education and Training Reform Act 2006
s. 20
(b) in accordance with any Ministerial
Order, impose a condition of
registration on the school to put in
place a protection scheme for fees that
5 have been paid or are to be paid to the
school in accordance with that
Ministerial Order.
(4) In this section--
fee includes any of the following--
10 (a) a fee for tuition of a student;
(b) a fee for an activity undertaken by
a student within or outside of the
school premises under the
supervision of the school;
15 Note
An example of an activity referred to in
paragraph (b) is a camp or excursion
organised by the school.
(c) a refundable amount of money
20 paid to the school in connection
with the tuition of a student at the
school.".
20 Compliance with standards for registration
In section 4.3.2 of the Principal Act, for
25 "the prescribed" substitute "all or any one or
more of the prescribed".
21 Review of operations of schools by Authority
(1) For section 4.3.3(1) of the Principal Act
substitute--
30 "(1) The Authority may arrange for a review and
evaluation of the operation of a school
registered under this Division in accordance
with this section.".
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Education and Training Reform Amendment (Miscellaneous) Bill 2014
Part 2--Amendment of the Education and Training Reform Act 2006
s. 21
(2) In section 4.3.3(2) of the Principal Act, for
"may review" substitute "at any time may
conduct a general review of".
(3) After section 4.3.3(2) of the Principal Act
5 insert--
"(2A) In addition to its power to conduct a general
review under subsection (2), the Authority
may at any time arrange for a specific review
and evaluation of the operation of a school
10 registered under this Division to determine if
the school has attained and continues to
attain any one or more of the prescribed
minimum standards for registration if the
Authority believes on reasonable grounds
15 that--
(a) there are matters concerning the safety
of students at the school which require
urgent action to be taken by the school;
or
20 (b) in the case of a non-Government
school, the school is becoming or is
financially unviable; or
(c) other exceptional circumstances exist at
the school which justify a specific
25 review and evaluation of the operation
of the school being undertaken by the
Authority.
(2B) For the purposes of subsection (2A)(c),
exceptional circumstances include, but are
30 not limited to--
(a) a serious non-compliance with a
prescribed minimum standard for
registration by the school; and
(b) the repeated non-compliance with a
35 prescribed minimum standard for
registration by the school.".
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Education and Training Reform Amendment (Miscellaneous) Bill 2014
Part 2--Amendment of the Education and Training Reform Act 2006
s. 22
(4) In section 4.3.3(3) of the Principal Act--
(a) after "require a school" insert ", that is
subject to a review and evaluation in
accordance with this section,";
5 (b) in paragraph (a), for "the prescribed"
substitute "one or more of the prescribed".
22 New sections 4.3.3A, 4.3.3B, 4.3.3C, 4.3.3D
and 4.3.3E substituted for section 4.3.3(4) to (7)
For section 4.3.3(4) to (7) of the Principal Act
10 substitute--
"4.3.3A Undertakings by school
(1) The Authority may accept a written
undertaking given by the proprietor or
principal of a registered school that is the
15 subject of a general or specific review and
evaluation under section 4.3.3 in connection
with--
(a) any matter in relation to which the
Authority has a power or function
20 under this Act; or
(b) any matter relating to non-compliance
with a prescribed minimum standard
for registration.
(2) For the avoidance of doubt, a person
25 may give an undertaking under this
section to establish a trust fund into which
students' fees (within the meaning of
section 4.3.1A(4)) are paid and the
circumstances in which funds may be
30 withdrawn from that trust fund.
(3) For the avoidance of doubt, an undertaking
given under this section or a court order
made under section 4.3.3D may not be
inconsistent with this Act, the regulations or
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Part 2--Amendment of the Education and Training Reform Act 2006
s. 22
a prescribed minimum standard for
registration.
(4) A person may withdraw or vary an
undertaking at any time after obtaining the
5 consent of the Authority.
4.3.3B Copy of undertaking
The Authority must give a copy of an
undertaking given under section 4.3.3A to
the person that gave the undertaking.
10 4.3.3C Register of undertakings
The Authority must--
(a) maintain a register of undertakings; and
(b) register each undertaking given under
section 4.3.3A in the register of
15 undertakings.
4.3.3D Authority may apply for Court order if
undertaking breached
(1) If the Authority considers that a person has
breached any of the terms of an undertaking
20 given by the person under section 4.3.3A, the
Authority may apply to the Magistrates'
Court for an order under subsection (2).
(2) If the Magistrates' Court is satisfied that the
person has breached a term of the
25 undertaking, the Magistrates' Court may
make all or any of the following orders--
(a) an order directing the person to comply
with the term of the undertaking;
(b) any other order that the Magistrates'
30 Court considers appropriate.
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Education and Training Reform Amendment (Miscellaneous) Bill 2014
Part 2--Amendment of the Education and Training Reform Act 2006
s. 22
(3) If a body corporate is found to have breached
an undertaking given under section 4.3.3A--
(a) each officer of the body corporate is
deemed to have so breached the
5 undertaking if the officer knowingly
authorised or permitted the breach; and
(b) the Magistrates' Court may, against the
officer, make all or any of the orders
set out in subsection (2) that the
10 Magistrates' Court thinks appropriate.
4.3.3E Procedure after decision to take action in
respect of school
(1) If the Authority is satisfied, after the conduct
of a review and evaluation of a school in
15 accordance with section 4.3.3, that it is in the
interests of the students enrolled at the
school, or in the public interest, that the
Authority should take any action referred to
in section 4.3.4, the Authority may take that
20 action in accordance with this section and
section 4.3.4.
(2) Before making a determination to take an
action the Authority must give to the school
affected a written notice stating--
25 (a) the action it proposes to take; and
(b) the reasons for taking that action; and
(c) the time within which the school may
make submissions under subsection (3).
(3) The Authority must give the school affected
30 the following period within which the school
may make submissions to the Authority and
to the Minister to show cause why the
proposed action should not be taken--
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Part 2--Amendment of the Education and Training Reform Act 2006
s. 23
(a) in the case of a general review and
evaluation, 28 business days after the
school receives notice of the action; and
(b) in the case of a specific review,
5 10 business days after the school
receives notice of the action.
(4) The Authority must--
(a) consider any submissions made to the
Authority; and
10 (b) comply with any directions of the
Minister given to the Authority after the
Minister has considered any
submissions made to the Minister about
the proposed action.
15 (5) The Authority, on the application of the
school, may extend the period within
which submissions may be made under
subsection (3)(b).".
23 Action after review
20 (1) In section 4.3.4(1) of the Principal Act--
(a) for "reviewing and evaluating" substitute
"conducting a review and evaluation of";
(b) before "review" insert "general or specific".
(2) In section 4.3.4(2) of the Principal Act--
25 (a) after "complies with" insert "one or more
of";
(b) for "it may" substitute "it may do any one or
more of the following".
(3) Section 4.3.4(3) of the Principal Act is repealed.
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Part 2--Amendment of the Education and Training Reform Act 2006
s. 24
24 New sections 4.3.4A and 4.3.4B inserted
After section 4.3.4 of the Principal Act insert--
"4.3.4A Authority may suspend or cancel
registration of school in other
5 circumstances
(1) In addition to its power to suspend or
cancel the registration of a school under
section 4.3.4(2)(a), the Authority may
determine to suspend or cancel the
10 registration of a non-Government school--
(a) in any of the following
circumstances--
(i) the Authority is satisfied that the
school has ceased to operate as a
15 school;
(ii) the Authority has been notified by
the school that it will cease to
operate as a school within 30 days
after that notification;
20 (iii) the school's sole or main
proprietor is a natural person who
has become an insolvent under
administration;
(iv) the school's sole or main
25 proprietor is a body corporate that
has been compulsorily wound up
or is subject to an order to be
compulsorily wound up; and
(b) if the Authority is satisfied that it is in
30 the best interests of students enrolled at
the school, or in the public interest, to
suspend or cancel the registration of the
school.
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Part 2--Amendment of the Education and Training Reform Act 2006
s. 24
(2) Before making a determination under
subsection (1) the Authority must--
(a) give to the school affected a written
notice stating--
5 (i) the action it proposes to take; and
(ii) the reasons for taking that action;
and
(iii) the time within which the school
may make submissions under
10 paragraph (b); and
(b) give the school affected the following
period within which the school may
make submissions to the Authority to
show cause why the proposed action
15 should not be taken--
(i) in the case of a proposed
suspension of registration,
3 business days after the school
receives notice of the action;
20 (ii) in the case of a proposed
cancellation of registration,
7 business days after the school
receives notice of the action; and
(c) consider any submissions made to the
25 Authority within the specified time
under paragraph (b).
(3) The Authority, on the application of the
school, may extend the period within
which submissions may be made under
30 subsection (2)(b).
571453B.I-20/8/2014 18 BILL LA INTRODUCTION 20/8/2014
Education and Training Reform Amendment (Miscellaneous) Bill 2014
Part 2--Amendment of the Education and Training Reform Act 2006
s. 25
4.3.4B Authority must give notice to school of
action
(1) The Authority must give to the school
affected a written notice of a determination
5 made under section 4.3.4 or 4.3.4A to take
an action in respect of the school.
(2) An action by the Authority referred to in
subsection (1) takes effect on the later of the
following--
10 (a) when a notice under subsection (1) is
given to the school affected;
(b) on any date specified in the notice.".
25 New section 4.3.8A inserted
After section 4.3.8 of the Principal Act insert--
15 "4.3.8A Authority may issue guidelines
(1) The Authority may from time to time issue
guidelines in relation to the following--
(a) the matters in section 4.3.1(6);
(b) the monitoring and conducting of
20 assessments of the financial capabilities
of non-Government schools registered
under this Division.
(2) The guidelines must not be inconsistent with
this Act, the regulations or a Ministerial
25 Order.
(3) The guidelines may apply, adopt or
incorporate any matter contained in any
document issued or published by a body or
person--
30 (a) whether wholly or partially or as
amended by the guidelines; or
571453B.I-20/8/2014 19 BILL LA INTRODUCTION 20/8/2014
Education and Training Reform Amendment (Miscellaneous) Bill 2014
Part 2--Amendment of the Education and Training Reform Act 2006
s. 26
(b) as issued or published at the time that
the guidelines are issued or at any time
before then; or
(c) as amended from time to time.
5 (4) The Authority must publish any guidelines
issued under this section as soon as
practicable in the Government Gazette.
(5) Without limiting section 4.3.1(8), the
regulations may require a registered school
10 to comply with any guidelines issued under
this section that apply to that school.".
26 Terms of registration
For section 4.3.12(1) of the Principal Act
substitute--
15 "(1) A registration under this Division remains in
force for a period specified by the Authority
not exceeding the following periods--
(a) in the case of a registration held by a
registered school, 7 years unless sooner
20 suspended or cancelled; and
(b) in any other case, 5 years unless sooner
suspended or cancelled.".
27 Accreditation of a course or part of a course
For section 4.4.2(8) of the Principal Act
25 substitute--
"(8) The Authority may accredit a course or part
of a course for a period not exceeding the
following periods--
(a) if the applicant is a registered school,
30 7 years; and
(b) in any other case, 5 years.
571453B.I-20/8/2014 20 BILL LA INTRODUCTION 20/8/2014
Education and Training Reform Amendment (Miscellaneous) Bill 2014
Part 2--Amendment of the Education and Training Reform Act 2006
s. 28
(8A) The authority may renew an accreditation if
an application for renewal is made before the
accreditation expires.".
28 Information may be made available
5 (1) For section 4.9.4(1) of the Principal Act
substitute--
"(1) The Authority may disclose any information
it has obtained in the course of performing
its functions or exercising its powers under
10 this Chapter to a prescribed person or body if
the information relates to the performance of
a function of that person or body.
(1AAA) The Authority may ask a prescribed person
or body to give the Authority information
15 that may assist the Authority in determining
whether or not a school complies with any of
the prescribed minimum standards for
registration of schools.".
(2) In section 4.9.4(2) of the Principal Act, for
20 "provision of a corresponding law" substitute
"law of another jurisdiction".
(3) For section 4.9.4(3) of the Principal Act
substitute--
"(3) In this section--
25 government training contract has the same
meaning as in section 4.1.1(1);
prescribed person or body means any of the
following--
(a) the Secretary;
30 (b) the Secretary to a Department
(within the meaning of
section 4(1) of the Public
Administration Act 2004);
(c) a public sector body;
571453B.I-20/8/2014 21 BILL LA INTRODUCTION 20/8/2014
Education and Training Reform Amendment (Miscellaneous) Bill 2014
Part 2--Amendment of the Education and Training Reform Act 2006
s. 29
(d) a municipal council;
(e) a registering body;
(f) a school registering body;
(g) a Department of the
5 Commonwealth Government or of
another State or Territory
Government;
(h) an agency of the Commonwealth;
school registering body means a body
10 equivalent to the Authority in another
jurisdiction that is responsible for the
registration of schools.".
29 Delegations by Minister
In section 5.2.9 of the Principal Act, after
15 "powers under this Act" insert "or the
regulations".
30 Repeal of section 5.2.12--Minister's powers to make
orders
Section 5.2.12 of the Principal Act is repealed.
20 31 New section 5.5.26 inserted
After section 5.5.25 of the Principal Act insert--
"5.5.26 Information sharing
(1) The Authority may disclose any information
the Authority has obtained in the course of
25 performing its functions or exercising its
powers under this Part to any of the
following persons or bodies if the
information relates to the performance of a
function of that person or body--
30 (a) the Secretary;
(b) a public sector body;
571453B.I-20/8/2014 22 BILL LA INTRODUCTION 20/8/2014
Education and Training Reform Amendment (Miscellaneous) Bill 2014
Part 2--Amendment of the Education and Training Reform Act 2006
s. 32
(c) a Department of the Commonwealth
Government.
(2) The Authority when disclosing information
under subsection (1), or under a law of
5 another jurisdiction corresponding to
subsection (1), does not contravene an
obligation not to disclose the information or
give the document, whether imposed by an
Act or by another rule of law.".
10 32 Authorised officers
In section 5.8.1(1)(b) of the Principal Act omit
"the board of".
33 New section 6.1.39 inserted
At the end of Chapter 6 of the Principal Act
15 insert--
"6.1.39 Transitional provisions--the Education
and Training Reform Amendment
(Miscellaneous) Act 2014
(1) Despite the changes made to the membership
20 of a Regional Council by section 15 of the
amending Act, the Regional Council is taken
to be the same body.
(2) Section 4.3.12(1), as substituted by
section 26 of the amending Act, does not
25 apply to any registration granted under
Division 3 of Part 4.3 by the Authority
before the commencement of that section 26.
(3) Section 4.4.2(8), as substituted by section 27
of the amending Act does not apply to any
30 accreditation granted under Part 4.4 by the
Authority before the commencement of that
section 27.
(4) Despite the repeal of section 5.2.12 by
section 30 of the amending Act, an Order
35 made by the Minister under section 5.2.12
571453B.I-20/8/2014 23 BILL LA INTRODUCTION 20/8/2014
Education and Training Reform Amendment (Miscellaneous) Bill 2014
Part 2--Amendment of the Education and Training Reform Act 2006
s. 34
as in force immediately before its repeal
is taken to be an Order made under
section 5.10.4.
(5) On and from the commencement of
5 section 30 of the amending Act, any
reference to an Order made under
section 5.2.12 in any Act (except the
amending Act), subordinate instrument,
agreement or other document, as far as it
10 relates to any period after that
commencement, is taken to be a reference
to an Order made under section 5.10.4.
(6) In this section--
amending Act means the Education and
15 Training Reform Amendment
(Miscellaneous) Act 2014.".
34 Amendments to Schedule 6--Ministerial Orders
After clause 12 of Schedule 6 to the Principal Act
insert--
20 "13 Granting of licences over land by school
councils
The procedures relating to the granting by a
school council of a licence over any land of
the school.".
25 35 Amendments to Schedule 6--Ministerial Orders
After clause 13 of Schedule 6 to the Principal Act
insert--
"14 Protection scheme for fees paid to non-
Government schools
30 14.1 The matters that the Authority must consider
in deciding whether to impose a condition on
the registration of a non-Government school
for the school to put in place a protection
571453B.I-20/8/2014 24 BILL LA INTRODUCTION 20/8/2014
Education and Training Reform Amendment (Miscellaneous) Bill 2014
Part 2--Amendment of the Education and Training Reform Act 2006
s. 36
scheme for fees paid or to be paid to that
school.
14.2 The requirements of a protection scheme for
fees paid or to be paid to a non-Government
5 school.
14.3 The requirements of a protection scheme for
fees may include but are not limited to the
following--
(a) the timing of payment of fees including
10 restrictions on paying fees in advance;
(b) the method of payment of fees
including that fees may be paid in
instalments;
(c) the method of collection of fees;
15 (d) the refund of fees;
(e) the management of fees, including a
requirement that fees be paid into a
trust;
(f) the nature and terms of a trust into
20 which fees are to be paid;
(g) a requirement that the school advise
parents of students at the school of the
reasons for putting in place the
protection scheme.
25 14.4 In this clause fee has the same meaning as in
section 4.3.1A.".
36 Statute law revision amendments
(1) In section 3.3.10(1)(b) of the Principal Act, before
"Deputy Chairperson" omit "Deputy".
30 (2) In section 3.3.29C(2)(a) of the Principal Act, for
"association" substitute "association,".
571453B.I-20/8/2014 25 BILL LA INTRODUCTION 20/8/2014
Education and Training Reform Amendment (Miscellaneous) Bill 2014
Part 2--Amendment of the Education and Training Reform Act 2006
s. 36
(3) In section 3.3.30(1)(b)(ii) of the Principal Act, for
"institutution" substitute "institution".
__________________
571453B.I-20/8/2014 26 BILL LA INTRODUCTION 20/8/2014
Education and Training Reform Amendment (Miscellaneous) Bill 2014
Part 3--Amendments to University Acts
s. 37
PART 3--AMENDMENTS TO UNIVERSITY ACTS
Division 1--Deakin University Act 2009
37 Clause 1 of Schedule 1 substituted
For clause 1 of Schedule 1 to the Deakin See:
Act No.
5 University Act 2009 substitute-- 71/2009
and
"1 Terms and conditions of office of Council amending
Act Nos
members 71/2009,
71/2010,
(1) Subject to this Act, including an Order in 39/2012 and
Council made under section 63, a 73/2012.
LawToday:
10 government appointed member or Council www.
appointed member holds office for a term not legislation.
vic.gov.au
exceeding 3 years from the date on which the
member's appointment takes effect.
(2) In fixing the term of a government appointed
15 member, regard must be had to the need to
ensure that--
(a) if the Council has 4 or fewer
government appointed members, at
least one office of government
20 appointed member falls vacant each
year; or
(b) if the Council has 5 or more
government appointed members, at
least two offices of government
25 appointed member fall vacant each
year.
(3) In fixing the term of a Council appointed
member, regard must be had to the need to
ensure that--
30 (a) if the Council has 4 or fewer Council
appointed members, at least one office
of Council appointed member falls
vacant each year; or
571453B.I-20/8/2014 27 BILL LA INTRODUCTION 20/8/2014
Education and Training Reform Amendment (Miscellaneous) Bill 2014
Part 3--Amendments to University Acts
s. 38
(b) if the Council has 5 or more Council
appointed members, at least two offices
of Council appointed member fall
vacant each year.".
5 38 New Division 4 inserted in Part 8
After Division 3 of Part 8 of the Deakin
University Act 2009 insert--
"Division 4--Education and Training Reform
Amendment (Miscellaneous) Act 2014
10 79 Saving of Council appointments
Despite the amendments made to clause 1 of
Schedule 1 by the Education and Training
Reform Amendment (Miscellaneous) Act
2014, a member of the Council who held
15 office as a member immediately before the
commencement of section 37 of that Act
continues in office for the remainder of the
term for which the member was appointed.".
Division 2--Federation University Australia Act 2010
20 39 Clause 1 of Schedule 1 substituted
See: For clause 1 of Schedule 1 to the Federation
Act No.
5/2010. University Australia 2010 substitute--
Reprint No. 1
as at "1 Terms and conditions of office of Council
1 January
2014. members
LawToday:
25 www. (1) Subject to this Act, including an Order in
legislation. Council made under section 63, a
vic.gov.au
government appointed member or Council
appointed member holds office for a term not
exceeding 3 years from the date on which the
30 member's appointment takes effect.
(2) In fixing the term of a government appointed
member, regard must be had to the need to
ensure that--
571453B.I-20/8/2014 28 BILL LA INTRODUCTION 20/8/2014
Education and Training Reform Amendment (Miscellaneous) Bill 2014
Part 3--Amendments to University Acts
s. 40
(a) if the Council has 4 or fewer
government appointed members, at
least one office of government
appointed member falls vacant each
5 year; or
(b) if the Council has 5 or more
government appointed members, at
least two offices of government
appointed member fall vacant each
10 year.
(3) In fixing the term of a Council appointed
member, regard must be had to the need to
ensure that--
(a) if the Council has 4 or fewer Council
15 appointed members, at least one office
of Council appointed member falls
vacant each year; or
(b) if the Council has 5 or more Council
appointed members, at least two offices
20 of Council appointed member fall
vacant each year.".
40 New Division 5 inserted in Part 8
After Division 4 of Part 8 of the Federation
University Australia 2010 insert--
25 "Division 5--Education and Training Reform
Amendment (Miscellaneous) Act 2014
85 Saving of Council appointments
Despite the amendments made to clause 1 of
Schedule 1 by the Education and Training
30 Reform Amendment (Miscellaneous) Act
2014, a member of the Council who held
office as a member immediately before the
commencement of section 39 of that Act
continues in office for the remainder of the
35 term for which the member was appointed.".
571453B.I-20/8/2014 29 BILL LA INTRODUCTION 20/8/2014
Education and Training Reform Amendment (Miscellaneous) Bill 2014
Part 3--Amendments to University Acts
s. 41
Division 3--La Trobe University Act 2009
41 Clause 1 of Schedule substituted
See: For clause 1 of the Schedule to the La Trobe
Act No.
75/2009 University Act 2009 substitute--
and
5 amending "1 Terms and conditions of office of Council
Act Nos
75/2009, members
71/2010,
39/2012, (1) Subject to this Act, including an Order in
73/2012 and Council made under section 63, a
76/2013.
LawToday: government appointed member or Council
10 www. appointed member holds office for a term not
legislation.
vic.gov.au exceeding 3 years from the date on which the
member's appointment takes effect.
(2) In fixing the term of a government appointed
member, regard must be had to the need to
15 ensure that--
(a) if the Council has 4 or fewer
government appointed members, at
least one office of government
appointed member falls vacant each
20 year; or
(b) if the Council has 5 or more
government appointed members, at
least two offices of government
appointed member fall vacant each
25 year.
(3) In fixing the term of a Council appointed
member, regard must be had to the need to
ensure that--
(a) if the Council has 4 or fewer Council
30 appointed members, at least one office
of Council appointed member falls
vacant each year; or
571453B.I-20/8/2014 30 BILL LA INTRODUCTION 20/8/2014
Education and Training Reform Amendment (Miscellaneous) Bill 2014
Part 3--Amendments to University Acts
s. 42
(b) if the Council has 5 or more Council
appointed members, at least two offices
of Council appointed member fall
vacant each year.".
5 42 New Division 4 inserted in Part 8
After Division 3 of Part 8 of the La Trobe
University Act 2009 insert--
"Division 4--Education and Training Reform
Amendment (Miscellaneous) Act 2014
10 79 Saving of Council appointments
Despite the amendments made to clause 1
of the Schedule by the Education and
Training Reform Amendment
(Miscellaneous) Act 2014, a member of the
15 Council who held office as a member
immediately before the commencement of
section 41 of that Act continues in office for
the remainder of the term for which the
member was appointed.".
20 Division 4--Monash University Act 2009
43 Clause 1 of Schedule 1 substituted
For clause 1 of Schedule 1 to the Monash See:
Act No.
University Act 2009 substitute-- 76/2009
and
"1 Terms and conditions of office of Council amending
Act Nos
25 members 76/2009,
71/2010,
(1) Subject to this Act, including an Order in 39/2012 and
Council made under section 63, a 73/2012.
LawToday:
government appointed member or Council www.
appointed member holds office for a term not legislation.
vic.gov.au
30 exceeding 3 years from the date on which the
member's appointment takes effect.
571453B.I-20/8/2014 31 BILL LA INTRODUCTION 20/8/2014
Education and Training Reform Amendment (Miscellaneous) Bill 2014
Part 3--Amendments to University Acts
s. 44
(2) In fixing the term of a government appointed
member, regard must be had to the need to
ensure that--
(a) if the Council has 4 or fewer
5 government appointed members, at
least one office of government
appointed member falls vacant each
year; or
(b) if the Council has 5 or more
10 government appointed members, at
least two offices of government
appointed member fall vacant each
year.
(3) In fixing the term of a Council appointed
15 member, regard must be had to the need to
ensure that--
(a) if the Council has 4 or fewer Council
appointed members, at least one office
of Council appointed member falls
20 vacant each year; or
(b) if the Council has 5 or more Council
appointed members, at least two offices
of Council appointed member fall
vacant each year.".
25 44 New Division 4 inserted in Part 8
After Division 3 of Part 8 of the Monash
University Act 2009 insert--
"Division 4--Education and Training Reform
Amendment (Miscellaneous) Act 2014
30 80 Saving of Council appointments
Despite the amendments made to clause 1 of
Schedule 1 by the Education and Training
Reform Amendment (Miscellaneous) Act
2014, a member of the Council who held
571453B.I-20/8/2014 32 BILL LA INTRODUCTION 20/8/2014
Education and Training Reform Amendment (Miscellaneous) Bill 2014
Part 3--Amendments to University Acts
s. 45
office as a member immediately before the
commencement of section 43 of that Act
continues in office for the remainder of the
term for which the member was appointed.".
5 Division 5--Royal Melbourne Institute of Technology Act
2010
45 Clause 1 of Schedule 1 substituted
For clause 1 of Schedule 1 to the Royal See:
Act No.
Melbourne Institute of Technology Act 2010 3/2010
10 substitute-- and
amending
Act Nos
"1 Terms and conditions of office of Council 3/2010,
members 71/2010,
39/2012 and
(1) Subject to this Act, including an Order in 73/2012.
LawToday:
Council made under section 63, a www.
15 government appointed member or Council legislation.
vic.gov.au
appointed member holds office for a term not
exceeding 3 years from the date on which the
member's appointment takes effect.
(2) In fixing the term of a government appointed
20 member, regard must be had to the need to
ensure that--
(a) if the Council has 4 or fewer
government appointed members, at
least one office of government
25 appointed member falls vacant each
year; or
(b) if the Council has 5 or more
government appointed members, at
least two offices of government
30 appointed member fall vacant each
year.
571453B.I-20/8/2014 33 BILL LA INTRODUCTION 20/8/2014
Education and Training Reform Amendment (Miscellaneous) Bill 2014
Part 3--Amendments to University Acts
s. 46
(3) In fixing the term of a Council appointed
member, regard must be had to the need to
ensure that--
(a) if the Council has 4 or fewer Council
5 appointed members, at least one office
of Council appointed member falls
vacant each year; or
(b) if the Council has 5 or more Council
appointed members, at least two offices
10 of Council appointed member fall
vacant each year.".
46 New Division 4 inserted in Part 8
After Division 3 of Part 8 of the Royal
Melbourne Institute of Technology Act 2010
15 insert--
"Division 4--Education and Training Reform
Amendment (Miscellaneous) Act 2014
79 Saving of Council appointments
Despite the amendments made to clause 1 of
20 Schedule 1 by the Education and Training
Reform Amendment (Miscellaneous) Act
2014, a member of the Council who held
office as a member immediately before the
commencement of section 45 of that Act
25 continues in office for the remainder of the
term for which the member was appointed.".
571453B.I-20/8/2014 34 BILL LA INTRODUCTION 20/8/2014
Education and Training Reform Amendment (Miscellaneous) Bill 2014
Part 3--Amendments to University Acts
s. 47
Division 6--Swinburne University of Technology Act 2010
47 Clause 1 of Schedule 1 substituted
For clause 1 of Schedule 1 to the Swinburne See:
Act No.
University of Technology Act 2010 substitute-- 4/2010
and
5 "1 Terms and conditions of office of Council amending
Act Nos
members 4/2010,
71/2010,
(1) Subject to this Act, including an Order in 39/2012 and
Council made under section 63, a 73/2012.
LawToday:
government appointed member or Council www.
10 appointed member holds office for a term not legislation.
vic.gov.au
exceeding 3 years from the date on which the
member's appointment takes effect.
(2) In fixing the term of a government appointed
member, regard must be had to the need to
15 ensure that--
(a) if the Council has 4 or fewer
government appointed members, at
least one office of government
appointed member falls vacant each
20 year; or
(b) if the Council has 5 or more
government appointed members, at
least two offices of government
appointed member fall vacant each
25 year.
(3) In fixing the term of a Council appointed
member, regard must be had to the need to
ensure that--
(a) if the Council has 4 or fewer Council
30 appointed members, at least one office
of Council appointed member falls
vacant each year; or
571453B.I-20/8/2014 35 BILL LA INTRODUCTION 20/8/2014
Education and Training Reform Amendment (Miscellaneous) Bill 2014
Part 3--Amendments to University Acts
s. 48
(b) if the Council has 5 or more Council
appointed members, at least two offices
of Council appointed member fall
vacant each year.".
5 48 New Division 4 inserted in Part 8
After Division 3 of Part 8 of the Swinburne
University of Technology Act 2010 insert--
"Division 4--Education and Training Reform
Amendment (Miscellaneous) Act 2014
10 79 Saving of Council appointments
Despite the amendments made to clause 1 of
Schedule 1 by the Education and Training
Reform Amendment (Miscellaneous) Act
2014, a member of the Council who held
15 office as a member immediately before the
commencement of section 47 of that Act
continues in office for the remainder of the
term for which the member was appointed.".
Division 7--University of Melbourne Act 2009
20 49 Clause 1 of Schedule 1 substituted
See: For clause 1 of Schedule 1 to the University of
Act No.
78/2009 Melbourne Act 2009 substitute--
and
amending "1 Terms and conditions of office of Council
Act Nos
78/2009, members
71/2010,
25 39/2012 and (1) Subject to this Act, including an Order in
73/2012. Council made under section 63, a
LawToday:
www. government appointed member or Council
legislation. appointed member holds office for a term not
vic.gov.au
exceeding 3 years from the date on which the
30 member's appointment takes effect.
571453B.I-20/8/2014 36 BILL LA INTRODUCTION 20/8/2014
Education and Training Reform Amendment (Miscellaneous) Bill 2014
Part 3--Amendments to University Acts
s. 50
(2) In fixing the term of a government appointed
member, regard must be had to the need to
ensure that--
(a) if the Council has 4 or fewer
5 government appointed members, at
least one office of government
appointed member falls vacant each
year; or
(b) if the Council has 5 or more
10 government appointed members, at
least two offices of government
appointed member fall vacant each
year.
(3) In fixing the term of a Council appointed
15 member, regard must be had to the need to
ensure that--
(a) if the Council has 4 or fewer Council
appointed members, at least one office
of Council appointed member falls
20 vacant each year; or
(b) if the Council has 5 or more Council
appointed members, at least two offices
of Council appointed member fall
vacant each year.".
25 50 New Division 5 inserted in Part 8
After Division 4 of Part 8 of the University of
Melbourne Act 2009 insert--
"Division 5--Education and Training Reform
Amendment (Miscellaneous) Act 2014
30 83 Saving of Council appointments
Despite the amendments made to clause 1 of
Schedule 1 by the Education and Training
Reform Amendment (Miscellaneous) Act
2014, a member of the Council who held
571453B.I-20/8/2014 37 BILL LA INTRODUCTION 20/8/2014
Education and Training Reform Amendment (Miscellaneous) Bill 2014
Part 3--Amendments to University Acts
s. 51
office as a member immediately before the
commencement of section 49 of that Act
continues in office for the remainder of the
term for which the member was appointed.".
5 Division 8--Victoria University Act 2010
51 Clause 1 of Schedule 1 substituted
See: For clause 1 of Schedule 1 to the Victoria
Act No.
14/2010 University Act 2010 substitute--
and
amending "1 Terms and conditions of office of Council
Act Nos
10 14/2010, members
71/2010,
39/2012 and (1) Subject to this Act, including an Order in
73/2012. Council made under section 63, a
LawToday:
www. government appointed member or Council
legislation. appointed member holds office for a term not
vic.gov.au
15 exceeding 3 years from the date on which the
member's appointment takes effect.
(2) In fixing the term of a government appointed
member, regard must be had to the need to
ensure that--
20 (a) if the Council has 4 or fewer
government appointed members, at
least one office of government
appointed member falls vacant each
year; or
25 (b) if the Council has 5 or more
government appointed members, at
least two offices of government
appointed member fall vacant each
year.
571453B.I-20/8/2014 38 BILL LA INTRODUCTION 20/8/2014
Education and Training Reform Amendment (Miscellaneous) Bill 2014
Part 3--Amendments to University Acts
s. 52
(3) In fixing the term of a Council appointed
member, regard must be had to the need to
ensure that--
(a) if the Council has 4 or fewer Council
5 appointed members, at least one office
of Council appointed member falls
vacant each year; or
(b) if the Council has 5 or more Council
appointed members, at least two offices
10 of Council appointed member fall
vacant each year.".
52 New Division 4 inserted in Part 8
After Division 3 of Part 8 of the Victoria
University Act 2010 insert--
15 "Division 4--Education and Training Reform
Amendment (Miscellaneous) Act 2014
79 Saving of Council appointments
Despite the amendments made to clause 1 of
Schedule 1 by the Education and Training
20 Reform Amendment (Miscellaneous) Act
2014, a member of the Council who held
office as a member immediately before the
commencement of section 51 of that Act
continues in office for the remainder of the
25 term for which the member was appointed.".
__________________
571453B.I-20/8/2014 39 BILL LA INTRODUCTION 20/8/2014
Education and Training Reform Amendment (Miscellaneous) Bill 2014
Part 4--Amendment of Other Acts
s. 53
PART 4--AMENDMENT OF OTHER ACTS
53 Amendment of Education and Training Reform
Amendment (Registration of Early Childhood
Teachers and Victorian Institute of Teaching) Act
5 2014--False representation
See: (1) In section 79 of the Education and Training
Act No.
19/2014. Reform Amendment (Registration of Early
Statute Book: Childhood Teachers and Victorian Institute of
www.
legislation. Teaching) Act 2014--
vic.gov.au
10 (a) in proposed subsection (1) of section 2.6.58
of the Education and Training Reform Act
2006--
(i) omit "or to have been";
(ii) omit "or having been";
15 (b) in proposed subsection (1A) of
section 2.6.58 of the Education and
Training Reform Act 2006--
(i) omit "or to have been";
(ii) omit "or having been";
20 (c) in proposed subsection (1B) of section 2.6.58
of the Education and Training Reform Act
2006--
(i) omit "or to have been";
(ii) omit "or having been".
25 (2) In section 79 of the Education and Training
Reform Amendment (Registration of Early
Childhood Teachers and Victorian Institute
of Teaching) Act 2014, after proposed
section 2.6.58(1B) of the Education and
30 Training Reform Act 2006 insert--
"(1BA) A person must not falsely claim to have
been, or hold himself or herself out as having
been--
571453B.I-20/8/2014 40 BILL LA INTRODUCTION 20/8/2014
Education and Training Reform Amendment (Miscellaneous) Bill 2014
Part 4--Amendment of Other Acts
s. 54
(a) registered as a teacher under
Division 3; or
(b) granted permission to teach; or
(c) registered as an early childhood teacher
5 under Division 3A.".
54 Statute law revision amendment--Working with
Children Act 2005
In the note at the foot of section 30(1) of the
Working with Children Act 2005, for
10 "Section 2.6.19" substitute "Section 2.6.28".
55 Statute law revision amendment--Workplace
Injury Rehabilitation and Compensation Act 2013
In clause 1(1)(b) of Schedule 1 to the Workplace
Injury Rehabilitation and Compensation Act
15 2013, for "a university with a TAFE division"
substitute "a dual sector university".
__________________
571453B.I-20/8/2014 41 BILL LA INTRODUCTION 20/8/2014
Education and Training Reform Amendment (Miscellaneous) Bill 2014
Part 5--Repeal of Amending Act
s. 56
PART 5--REPEAL OF AMENDING ACT
56 Repeal of amending Act
This Act is repealed on 1 September 2016.
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).
571453B.I-20/8/2014 42 BILL LA INTRODUCTION 20/8/2014
Education and Training Reform Amendment (Miscellaneous) Bill 2014
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571453B.I-20/8/2014 43 BILL LA INTRODUCTION 20/8/2014
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