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PARLIAMENT OF VICTORIA
Victorian Curriculum and Assessment Authority
Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Definitions 2
4. Establishment of Authority 4
5. Objectives of the Authority 4
6. Functions of Authority 5
7. Powers of Authority 7
8. Ministerial directions 8
9. Membership of Authority 9
10. Terms and conditions of appointment 10
11. Acting appointments 11
12. Establishment of committees 11
13. Staff of Authority 12
14. Meetings of Authority 12
15. Delegation of Authority's power 13
16. Delegation of Minister's power 13
17. Victorian Curriculum and Assessment Authority Fund 14
18. Investment powers 14
19. Repeal 14
20. Transitional provisions 14
21. Saving of existing Board members 16
22. Borrowing and Investment Powers Act 1987 16
ENDNOTES 17
INDEX 18
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PARLIAMENT OF VICTORIA
Initiated in Assembly 1 November 2000
A BILL
to establish the Victorian Curriculum and Assessment Authority, to
abolish the Board of Studies and to repeal the Board of Studies Act
1993 and for other purposes.
Victorian Curriculum and Assessment
Authority Act 2000
The Parliament of Victoria enacts as follows:
1. Purpose1
The main purpose of this Act is to establish the
Victorian Curriculum and Assessment Authority.
2. Commencement
5 (1) Subject to sub-section (2), the provisions of this
Act come into operation on a day or days to be
proclaimed.
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(2) If a provision referred to in sub-section (1) does
not come into operation before 1 December 2001,
it comes into operation on that day.
3. Definitions
5 In this Act--
"Authority" means the Victorian Curriculum and
Assessment Authority established by this
Act;
"Board" means the Board of Studies established
10 by the Board of Studies Act 1993;
"chairperson" means chairperson of the
Authority;
"course" means--
(a) a course normally undertaken in, or
15 designed to be undertaken in a school
in the years from the preparatory year
to year 12 including a course leading to
the issue of the VCE; or
(b) a program of study or training leading
20 to the award or issue of a particular
qualification; or
(c) a subject or other part of a program of
study or training leading to the award
or issue of a particular qualification; or
25 (d) any other study or training notified by
the Minister in the Government Gazette
and in accordance with section 78 of
the Education Act 1958 to be a course
for the purposes of this Act;
30 "curriculum" means the course design including
content, support materials and other learning
resources in accordance with course
accreditation;
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"Department" means the Department of
Education, Employment and Training;
"Fund" means Victorian Curriculum and
Assessment Authority Fund established
5 under section 17;
"learning outcome", in relation to a course,
means a written statement of what a student
will know and be able to do as a result of
successfully undertaking the course;
10 "member" means member of the Authority and
includes the chairperson;
"qualification" means the recognition, by the
award or issue of a certificate or otherwise,
that a student has achieved specified learning
15 outcomes or competencies through the
completion of a course;
"recognised qualification" means a qualification
that is registered on the State Register of
Accredited Courses and Recognised
20 Qualifications under section 19 of the
Victorian Qualifications Authority Act
2000;
"school" means a State school within the
meaning of the Education Act 1958 or a
25 school registered under Part III of that Act;
"VCE" means the Victorian Certificate of
Education;
"VET in Schools course" means a course that--
(a) is designated by the Authority to be a
30 VET in Schools course; and
(b) leads to the award of a qualification in
vocational education and training that is
approved by the Authority to be
credited towards the VCE.
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4. Establishment of Authority
(1) There is established a Victorian Curriculum and
Assessment Authority.
(2) The Authority--
5 (a) is a body corporate with perpetual
succession;
(b) has a common seal;
(c) may sue and be sued in its corporate name;
(d) may acquire, hold and dispose of real and
10 personal property;
(e) may do and suffer all acts and things that a
body corporate may by law do and suffer.
(3) The common seal must be kept as directed by the
Authority and must only be used as authorised by
15 the Authority.
(4) All courts must take judicial notice of the imprint
of the common seal on a document and, until the
contrary is proved, must presume that the
document was properly sealed.
20 5. Objectives of the Authority
The objectives of the Authority are--
(a) to develop high quality courses and
curriculum and assessment products and
services;
25 (b) to develop courses normally undertaken in,
or designed to be undertaken in the school
years 11 and 12 including courses leading to
the issue of the VCE that will prepare
students for successful transition to
30 employment, tertiary education, vocational
education and training and further education;
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(c) provide linkages that will facilitate
movement between those courses and other
courses.
6. Functions of Authority
5 (1) The functions of the Authority are to--
(a) develop policies, criteria and standards for
curriculum, assessments and courses for
school students, including courses leading to
recognised qualifications;
10 (b) develop, evaluate and approve--
(i) curriculum for courses normally
undertaken in, or designed to be
undertaken in the school years 11 and
12 which are accredited under the
15 Victorian Qualifications Authority
Act 2000 or which could be accredited
under that Act and assessment
procedures for those courses; and
(ii) courses for students at other school
20 years;
(c) oversee the delivery of, and conduct
assessments for, the VCE and any other
qualification available to a student in a
school except a qualification in vocational
25 education and training or further education
that is a recognised qualification;
(d) develop and maintain the Curriculum
Standards Framework and other standards
for measuring and reporting on student
30 performance;
(e) conduct assessments against the Curriculum
Standards Framework and other standards
for measuring and reporting on student
performance;
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(f) do any of the following by arrangement with
other persons, bodies or agencies--
(i) design, develop and evaluate a
curriculum or course (whether leading
5 to a recognised qualification or not) and
an assessment or assessment method
for the course or any other course
(whether leading to a recognised
qualification or not);
10 (ii) oversee the delivery of the course and
conduct assessments of students
undertaking the course;
(iii) design, develop and evaluate
curriculum and assessment products
15 and services;
(g) monitor--
(i) patterns of participation by school
students in courses including VET in
Schools courses; and
20 (ii) the quality of outcomes of courses
including VET in Schools courses for
school students;
(h) advise the Victorian Qualifications Authority
about patterns of participation and quality of
25 outcomes referred to in paragraph (g)
relating to courses in schools normally
undertaken in years 11 to 12 including VET
in Schools courses and the qualifications
relating to those courses;
30 (i) give advice or make recommendations to the
Minister about any educational policy or
strategy relating to its objective or functions;
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(j) prepare and maintain records of student
assessment and, on request, provide a copy
of a student's record to the student or a
person authorised by the student to receive
5 it;
(k) make available to the general public
information collected by the Authority on
results of schooling as measured by
assessments of student performance; and
10 other statistical information relating to its
functions;
(l) commission or conduct research on matters
related to its functions;
(m) provide professional development activities
15 related to its functions;
(n) provide information services about its
practices and functions;
(o) report on student performance to the
Minister, the Secretary to the Department
20 and relevant bodies;
(p) any other function conferred on or delegated
to the Authority under this or any other Act.
(2) The Authority may issue a qualification relating to
any course undertaken by a school student in any
25 year up to and including year 10.
7. Powers of Authority
(1) For the purpose of performing its functions, the
Authority may--
(a) enter into contracts, agreements or
30 arrangements;
(b) charge fees (not exceeding any amount fixed
for the purpose by an Order made by the
Governor in Council and published in the
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Government Gazette) for services provided
by it;
(c) publish and sell any information acquired by
it;
5 (d) apply for, obtain and hold, whether on its
own behalf or jointly with any other person,
any intellectual property rights;
(e) enter into agreements or arrangements for
the commercial exploitation of the rights
10 referred to in paragraph (d), whether by
assignment, licensing or otherwise;
(f) do any other thing that is necessary or
convenient to be done for or in connection
with, or as incidental to, the performance of
15 its functions including any function
delegated to it.
(2) This section does not limit any other power given
to the Authority by any other provision of this Act
or any other Act.
20 8. Ministerial directions
(1) The Minister may give to the Authority written
directions in relation to the exercise of its powers
or the performance of its functions, including
discretionary powers and functions.
25 (2) The Minister may not give any direction in
relation to the awarding of a certificate or
qualification to any particular student or the
assessment contained in a certificate or
qualification to be awarded to any particular
30 student.
(3) The Authority must comply with any directions
given under sub-section (1).
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(4) The Authority must include in its annual report a
copy of each direction given to it under sub-
section (1) in the period to which the report
relates.
5 9. Membership of Authority
(1) The Authority consists of not less than 8 and not
more than 15 members of whom--
(a) one must be the Secretary to the Department
or the person nominated from time to time
10 by the Secretary;
(b) one must be the Chairperson of the Victorian
Qualifications Authority or the person
nominated from time to time by the
Chairperson;
15 (c) the remaining members must be appointed
by the Governor in Council on the
nomination of the Minister.
(2) The Governor in Council must appoint as
chairperson of the Authority, the member of the
20 Authority nominated by the Minister to be
chairperson of the Authority.
(3) The Minister must have regard to a person's
experience relevant to the functions of the
Authority in nominating persons for appointment
25 under sub-section (1)(c).
(4) The members hold office on a part-time basis.
(5) A member may resign from office by delivering to
the Governor in Council a signed letter of
resignation.
30 (6) The Governor in Council may at any time remove
a member from office.
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10. Terms and conditions of appointment
(1) An appointed member holds office for the term,
not exceeding 3 years, that is specified in the
instrument of appointment, and is eligible for re-
5 appointment.
(2) The office of an appointed member becomes
vacant if--
(a) the member becomes bankrupt; or
(b) the member is found guilty of an offence
10 which is, or which would if committed in
Victoria be, an indictable offence; or
(c) the member is absent from 3 consecutive
meetings of the Authority without the leave
of the chairperson, or in the case of the
15 chairperson without the Minister's leave;
(3) A member must in the exercise of his or her
functions--
(a) act honestly; and
(b) exercise reasonable care and diligence; and
20 (c) not make improper use of any information
acquired as a member of the Authority; and
(d) disclose to the Authority any conflict of
interest or duties except those arising
directly out of the person's qualification for
25 membership of the Authority.
(4) An appointed member, other than a person who
holds a full-time government office or a full-time
office in the public service, teaching service or
with a statutory authority and whose travelling
30 and personal expenses are met through that office,
is entitled to be paid--
(a) any remuneration that is specified in the
instrument of appointment or that is fixed
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from time to time by the Governor in
Council; and
(b) allowances for travelling and personal
expenses at the rates and on the conditions
5 applicable to officers of the public service.
(5) A member is appointed subject to any other terms
and conditions that are specified in the instrument
of appointment and that are not inconsistent with
this Act.
10 11. Acting appointments
(1) The Minister may appoint a person to act in the
place of a member who is absent or who is, for
any other reason, unable to perform the duties of
the office.
15 (2) A person appointed under sub-section (1)--
(a) has all the powers and may perform all the
duties of the member for whom he or she is
acting;
(b) is entitled to the remuneration and
20 allowances (if any) to which the member for
whom he or she is acting would have been
entitled for performing those duties;
(c) subject to this section, is subject to the same
terms and conditions of appointment as the
25 member for whom he or she is acting.
12. Establishment of committees
(1) The Authority must establish a committee to be
known as the executive committee.
(2) The executive committee consists of the
30 chairperson of the Authority, the Chief Executive
Officer of the Authority and 3 other members
nominated by the Minister.
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(3) With the approval of the Minister as to
establishment and membership, the Authority
may, to facilitate its functioning, establish any
other committee and appoint members to it.
5 (4) A committee may exercise any power delegated to
the members of the committee by the Authority.
13. Staff of Authority
(1) A chief executive officer and as many other
employees as are necessary for the proper
10 functioning of the Authority are to be employed
under Part 3 of the Public Sector Management
and Employment Act 1998.
(2) The chief executive officer is responsible to the
Authority for policy and operational matters and
15 to the Secretary of the Department for budgetary,
personnel and other administrative matters.
14. Meetings of Authority
(1) Meetings of the Authority (of which there must be
at least 6 in each year) shall be held at the times
20 and places determined by the Authority or
directed by the chairperson.
(2) The chairperson must preside at any meeting of
the Authority at which he or she is present.
(3) If the chairperson and any person nominated by
25 the chairperson to act in the Chairperson's absence
is absent, a member elected by the members
present must preside.
(4) A majority of the members in office at the time
constitutes a quorum for a meeting of the
30 Authority.
(5) A question arising at a meeting of the Authority
must be determined by a majority of votes of the
members present and voting on that question and,
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if the votes are equal, the person presiding has a
casting vote as well as a deliberative vote.
(6) The Authority may permit members to participate
in a particular meeting, or all meetings, by
5 telephone, closed circuit television or other means
of communication.
(7) An act or decision of the Authority is not invalid
only because--
(a) of a vacancy in the office of a member; or
10 (b) of a defect or irregularity in or in connection
with the appointment of a member; or
(c) the occasion for a person to be appointed to
act in the place of a member, or for a person
to act for a member, had ceased to exist or
15 had not arisen.
(8) The Minister is entitled to attend any meeting of
the Authority.
(9) Subject to this Act, the Authority may regulate its
own meeting procedure.
20 15. Delegation of Authority's power
The Authority may, by instrument under its
common seal, delegate to the members of a
committee established under section 12, a member
of the Authority, the chief executive officer, or to
25 any other person employed in the Department in
the administration or execution of this Act or the
Education Act 1958 any power of the Authority,
other than this power of delegation.
16. Delegation of Minister's power
30 The Minister may, by instrument, delegate to any
person employed in the administration or
execution of this Act or the Education Act 1958
any power of the Minister under this Act, other
than this power of delegation.
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17. Victorian Curriculum and Assessment Authority
Fund
(1) The Authority must establish and maintain a Fund
to be known as the Victorian Curriculum and
5 Assessment Authority Fund.
(2) There must be paid into the Fund--
(a) any investment income received by the
Authority; and
(b) the proceeds of the sale of any investment
10 made by the Authority; and
(c) any fees or other money received by the
Authority.
(3) There must be paid out of the Fund any payment
that is authorised by the Authority to be made out
15 of the Fund for or towards the costs and expenses
of the exercise of powers or performance of
functions by the Authority.
18. Investment powers
The Authority has the investment powers
20 conferred on it by the Borrowing and
Investment Powers Act 1987.
19. Repeal
The Board of Studies Act 1993 is repealed.
20. Transitional provisions
25 (1) The Board of Studies continued under the Board
of Studies Act 1993 is abolished and its members
go out of office.
(2) All rights, property and assets (except any
intellectual property rights in or in relation to any
30 trade mark relating to the VCE) that, immediately
before the commencement of section 19 were
vested in the Board are, by force of this sub-
section, vested in the Authority.
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(3) All intellectual property rights in or in relation to
any trade mark relating to the VCE that,
immediately before the commencement of
section 19, were vested in the Board are, by force
5 of this sub-section, vested in the Victorian
Qualifications Authority.
(4) The Board of Studies Fund established under the
Board of Studies Act 1993 is abolished and all
money standing to the credit of that Fund
10 immediately before the commencement of
section 19 is, by force of this sub-section, credited
to the Victorian Curriculum and Assessment
Authority Fund.
(5) All debts, liabilities and obligations of the Board
15 existing immediately before the commencement
of section 19 become, by force of this sub-section,
debts, liabilities and obligations of the Authority.
(6) The Authority is, by force of this sub-section,
substituted as a party to any proceedings pending
20 in any court or tribunal to which the Board was a
party immediately before the commencement of
section 19.
(7) The Authority is, by force of this sub-section,
substituted as a party to any arrangement or
25 contract entered into by or on behalf of the Board
as a party and in force immediately before the
commencement of section 19.
(8) Any act, matter or thing done by or in relation to
the Board before the commencement of section 19
30 has effect as if it had been done by or in relation
to the Authority and continues to have the same
effect after that commencement as it had before
then.
(9) Any reference to the Board in any Act or in any
35 proclamation, Order in Council, rule, regulation,
order, agreement, instrument, deed or other
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document whatsoever must, so far as it relates to
any period after the commencement of section 19
and if not inconsistent with the context or subject-
matter, be construed as a reference to the
5 Authority.
(10) The Curriculum and Standards Framework
established by the Board and in force immediately
before the commencement of section 19 continues
as the Curriculum and Standards Framework for
10 the purposes of this Act.
21. Saving of existing Board members
A person who, immediately before the
commencement of section 19, held office as a
member of the Board or as the chairperson of the
15 Board is deemed to hold office as a member of the
Authority or as the chairperson of the Authority
subject to this Act on and after that
commencement for the balance of his or her term
of appointment and on the same terms and
20 conditions as applied with respect to that
appointment.
22. Borrowing and Investment Powers Act 1987
Act No.
At the end of Schedule 1 to the Borrowing and 13/1987.
Investment Powers Act 1987 insert--
"40. Victorian Curriculum and 20, 20A
Assessment Authority and 21".
25
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Victorian Curriculum and Assessment Authority Act 2000
Endnotes
Act No.
ENDNOTES
1
The index attached to this Act does not form part of this Act and is
provided for convenience of reference only.
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Victorian Curriculum and Assessment Authority Act 2000
Act No.
By Authority. Government Printer for the State of Victoria.
INDEX
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Victorian Curriculum and Assessment Authority Act 2000
Act No.
Subject Section
Act
commencement 2
consequential amendment 22
purpose 1
19
repeal of Board of Studies Act 1993
Board of Studies
abolition, transitional provisions and savings 20-21
Definitions
Authority 3
Board 3
chairperson 3
course 3
curriculum 3
Department 3
Fund 3
learning outcome 3
member 3
qualification 3
recognised qualification 3
school 3
VCE 3
VET in Schools course 3
Minister
delegation of powers 16
directions to Authority 8
powers regarding Authority 8, 9, 11, 12, 14
Victorian Curriculum and Assessment Authority
acting appointments 11, 14
appointment to 9, 11, 14
chairperson 9, 12, 14
chief executive officer 12, 13
committees of 12
delegation of powers 15
establishment 4
functions 6
Fund 17, 20
investment powers 18, 22
meetings 14
membership 9, 11, 14
members' terms and conditions 9, 10, 11
Ministerial directions to 8
objectives 5
powers 7, 18
resignation and removal from office 9
staff 13
Subject Section
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transitional provisions 20-21
vacancies 10, 14
validity of proceedings 14
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