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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Education and Training Reform Amendment
(Teacher Registration and Other Matters) Bill 2013
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Definitions 3
4 New section 2.4.47 inserted 4
2.4.47 Acting senior chairperson 4
5 Appeal to Merit Protection Board 5
6 Senior chairperson 5
7 Functions of Authority 5
8 Part 2.6 definitions 5
9 Application for registration 6
10 Application for permission to teach 6
11 New section 2.6.21A inserted 7
2.6.21A Change in correspondence address 7
12 Pool of approved persons who may sit on hearing panels 7
13 New section 2.6.41EA inserted 7
2.6.41EA Findings on referral by formal panel 7
14 Conduct of a formal hearing 8
15 New section 2.6.45A inserted 8
2.6.45A Panel may adjourn hearing 8
16 Findings and determinations of a formal hearing 8
17 Disallowance of notices 9
18 Orders to be tabled in Parliament 9
19 Ministerial Orders--disallowance 9
20 Statute law revision amendments 10
21 Repeal of amending Act 10
ENDNOTES 11
571100B.I-5/2/2013 i BILL LA INTRODUCTION 5/2/2013
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Education and Training Reform
Amendment (Teacher Registration and
Other Matters) Bill 2013
A Bill for an Act to amend the Education and Training Reform Act
2006 and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The main purpose of this Act is to amend the
Education and Training Reform Act 2006--
(a) to amend the definition of sexual offence to
5 include certain offences under the Criminal
Code of the Commonwealth; and
(b) to provide for an acting senior chairperson of
the Merit Protection Boards; and
(c) to provide for further functions of the
10 Victorian Curriculum and Assessment
Authority; and
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(d) to provide for further requirements relating
to applications for registration of a teacher;
and
(e) to provide that the panel of a formal hearing
5 into the conduct of a teacher may refer a
matter to a medical panel hearing in certain
circumstances; and
(f) to make miscellaneous amendments to
provisions dealing with hearing panels; and
10 (g) to make other miscellaneous amendments to
that Act.
2 Commencement
(1) Section 1 and this section come into operation on
the day after the day on which this Act receives
15 the Royal Assent.
(2) Section 20(1) is taken to have come into operation
on 1 January 2011.
(3) Subject to subsection (4), the remaining
provisions of this Act come into operation on a
20 day or days to be proclaimed.
(4) If a provision referred to in subsection (3) does
not come into operation before 1 February 2014, it
comes into operation on that day.
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3 Definitions
In section 1.1.3(1) of the Education and See:
Act No.
Training Reform Act 2006 in the definition of 24/2006.
sexual offence-- Reprint No. 3
as at
5 (a) in paragraph (a) omit "60,"; 2 April 2012
and
amending
(b) after paragraph (d) insert-- Act Nos
71/2010,
"(da) an offence against any of the following 76/2011,
sections of the Criminal Code of the 20/2012,
27/2012,
Commonwealth-- 39/2012,
43/2012 and
10 (i) section 271.4 (trafficking in 73/2012.
LawToday:
children) or section 271.7 www.
(domestic trafficking in children) legislation.
vic.gov.au
in circumstances where the
purpose of the exploitation is to
15 provide sexual services within the
meaning of that section;
(ii) section 474.19(1) (using a carriage
service for child pornography
material);
20 (iii) section 474.20(1) (possessing,
controlling, producing, supplying
or obtaining child pornography
material for use through a carriage
service);
25 (iv) section 474.22(1) (using a carriage
service for child abuse material);
(v) section 474.23(1) (possessing,
controlling, producing, supplying
or obtaining child abuse material
30 through a carriage service);
(vi) section 474.26 (using a carriage
service to procure persons under
16 years of age);
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(vii) section 474.27 (using a carriage
service to "groom" persons under
16 years of age); or";
(c) in paragraph (e), for "(c) or (d)" substitute
5 "(c), (d) or (da)";
(d) in paragraph (f), after "(d)" insert ", (da)".
4 New section 2.4.47 inserted
After section 2.4.46 of the Education and
Training Reform Act 2006 insert--
10 "2.4.47 Acting senior chairperson
(1) The Minister may appoint a member of the
pool appointed under section 2.4.45A to act
in the place of the senior chairperson
appointed under section 2.4.45A(2) who is
15 absent or for any other reason is unable to
perform the duties of office.
(2) Subject to this section, a person appointed
under subsection (1)--
(a) has all the powers and may perform all
20 the functions and duties of the senior
chairperson; and
(b) is entitled to the remuneration and
allowances (if any) to which the senior
chairperson would have been entitled
25 for performing those duties; and
(c) is subject to the same terms and
conditions of appointment as the senior
chairperson.
(3) A person appointed under subsection (1)
30 may not sit as a member of a Merit
Protection Board in place of the senior
chairperson at a hearing of a review or an
appeal which had commenced but had not
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s. 5
concluded before the absence or inability of
the senior chairperson commenced.".
5 Appeal to Merit Protection Board
In section 2.4.57(2) of the Education and
5 Training Reform Act 2006, after "Boards" insert
"appointed under section 2.4.45A(2)".
6 Senior chairperson
In section 2.4.71 of the Education and Training
Reform Act 2006, in the definition of senior
10 chairperson after "Boards" insert "appointed
under section 2.4.45A(2)".
7 Functions of Authority
After section 2.5.3(2)(ta) of the Education and
Training Reform Act 2006 insert--
15 "(tab) receive information about, and investigate or
coordinate the investigation of, alleged
breaches of national protocols or guidelines
published from time to time pursuant to an
Act of the Commonwealth for the conduct of
20 assessments against national standards for
measuring and reporting on student
performance;
(tac) report on the outcome of investigations
referred to in paragraph (tab) to a person or
25 body approved by the Minister;".
8 Part 2.6 definitions
In section 2.6.1 of the Education and Training
Reform Act 2006, in paragraph (b) of the
definition of teacher, after "any school" insert
30 ", whether the school was within or outside of
Australia,".
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9 Application for registration
(1) After section 2.6.7(2A) of the Education and
Training Reform Act 2006 insert--
"(2B) The application must include an address for
5 the applicant to be used by the Institute in
corresponding with the applicant.".
(2) For section 2.6.7(4)(ab) of the Education and
Training Reform Act 2006 substitute--
"(ab) provide information about--
10 (i) any current or previous right to teach or
to be employed as a teacher in another
jurisdiction; or
(ii) any refusal, including the cancellation,
of the right to teach or to be employed
15 as a teacher in another jurisdiction and
the reasons, including those given by
the body responsible in that jurisdiction
for any such refusal or cancellation, for
the refusal or cancellation;
20 (ac) provide information about any previous
refusal to register the applicant, or any
cancellation of the applicant's registration, to
carry out a profession in Victoria or in
another jurisdiction and the reasons,
25 including those given by the body
responsible in that jurisdiction for any such
refusal or cancellation, for the refusal or
cancellation;".
10 Application for permission to teach
30 After section 2.6.13(2A) of the Education and
Training Reform Act 2006 insert--
"(2AB) The application must include an address for
the applicant to be used by the Institute in
corresponding with the applicant.".
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11 New section 2.6.21A inserted
After section 2.6.21 of the Education and
Training Reform Act 2006 insert--
"2.6.21A Change in correspondence address
5 A registered teacher must notify the Institute
in writing within 30 days of any change in
the address provided by the teacher to be
used by the Institute in corresponding with
the teacher.".
10 12 Pool of approved persons who may sit on hearing
panels
Section 2.6.35F(2) of the Education and
Training Reform Act 2006 is repealed.
13 New section 2.6.41EA inserted
15 After section 2.6.41E of the Education and
Training Reform Act 2006 insert--
"2.6.41EA Findings on referral by formal panel
(1) This section applies if a matter has been
referred to a medical panel hearing by a
20 formal hearing panel under section 2.6.45A.
(2) Despite sections 2.6.41D and 2.6.41E, the
medical panel may make a finding but not a
determination in relation to the matter under
section 2.6.41E.
25 (3) The medical panel must notify the formal
hearing panel of any finding in relation to the
matter made under section 2.6.41E(1).".
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14 Conduct of a formal hearing
For section 2.6.45(e) of the Education and
Training Reform Act 2006 substitute--
"(e) the panel may determine that any
5 information that might enable any witness
giving evidence in the proceedings to be
identified is not to be published or broadcast;
and".
15 New section 2.6.45A inserted
10 After section 2.6.45 of the Education and
Training Reform Act 2006 insert--
"2.6.45A Panel may adjourn hearing
If, before the end of a formal hearing the
panel is of the opinion that the teacher's
15 ability to practise as a teacher is seriously
detrimentally affected or likely to be
seriously detrimentally affected because of
an impairment, the panel may adjourn the
hearing and refer the matter to a medical
20 panel hearing to make findings about the
teacher's ability to practise as a teacher.".
16 Findings and determinations of a formal hearing
(1) In section 2.6.46(2) of the Education and
Training Reform Act 2006, for "an inquiry"
25 substitute "a formal hearing".
(2) After section 2.6.46(2) of the Education and
Training Reform Act 2006 insert--
"(3) In making a determination under subsection
(2), the panel may take into consideration
30 any finding of a medical panel to which the
matter was referred under section 2.6.45A.".
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17 Disallowance of notices
For section 4.3.32(3) of the Education and
Training Reform Act 2006 substitute--
"(3) Parts 3A and 5A of the Subordinate
5 Legislation Act 1994 apply to a notice under
section 4.3.30 or 4.3.31 as if the notice were
a legislative instrument within the meaning
of that Act laid before each House of the
Parliament under section 16B of that Act.".
10 18 Orders to be tabled in Parliament
(1) In section 5.7A.8(1) of the Education and
Training Reform Act 2006, after "Parliament"
insert "on or before the 6th sitting day after the
publication of the Order in the Government
15 Gazette".
(2) For section 5.7A.8(2) of the Education and
Training Reform Act 2006 substitute--
"(2) Section 16B of the Subordinate Legislation
Act 1994 applies to an Order under this
20 Division as if the Order were a legislative
instrument within the meaning of that Act
published in the Government Gazette in
accordance with section 16A of that Act.".
19 Ministerial Orders--disallowance
25 For section 5.10.6(3) of the Education and
Training Reform Act 2006 substitute--
"(3) Parts 3A and 5A of the Subordinate
Legislation Act 1994 apply to an Order
made under this section as if the Order were
30 a legislative instrument within the meaning
of that Act laid before each House of the
Parliament under section 16B of that Act.".
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20 Statute law revision amendments
(1) In section 2.6.14(1)(a) of the Education and
Training Reform Act 2006, for "section 2.6.8(b)"
substitute "section 2.6.8(a)(ii)".
5 (2) In sections 2.6.40(1A)(a), 2.6.41(c) and
2.6.46(2)(hc) of the Education and Training
Reform Act 2006, for "teach" substitute "practise
as a teacher".
(3) In section 2.6.41E(4) of the Education and
10 Training Reform Act 2006, for "health panel"
substitute "medical panel".
(4) In section 2.6.48(a) of the Education and
Training Reform Act 2006, before "a hearing"
insert "the procedure of".
15 (5) In section 3.3.34(2) of the Education and
Training Reform Act 2006, after "may" omit
"a".
21 Repeal of amending Act
This Act is repealed on 1 February 2015.
20 Note
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).
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Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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