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PARLIAMENT OF VICTORIA
Victorian Institute of Teaching Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Definitions 2
PART 2--VICTORIAN INSTITUTE OF TEACHING 5
4. Establishment of Institute 5
5. Functions of Institute 5
6. Powers of Institute 7
7. Ministerial advice 8
8. Membership of the Council 8
PART 3--REGISTRATION AND PERMISSION TO TEACH 12
Division 1--Registration of Teachers 12
9. Application for registration 12
10. Qualification for registration as a teacher 13
11. Registration 13
12. Provisional registration 14
Division 2--Permission to teach 15
13. Application for permission to teach 15
14. Permission to teach 16
Division 3--General Provisions 16
15. Entitlement of applicant to make submissions 16
16. Notification of outcome of application 17
17. Duration and renewal of registration 17
18. Application for renewal of and refusal to renew registration 18
19. Effect of suspension of registration 19
20. Registration obtained by fraud 19
21. Annual fees 20
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Clause Page
Division 4--The Register 20
22. The Register 20
23. Publication of Register 21
24. Use of certificate as evidence 21
PART 4--DISCIPLINARY PROCEEDINGS 22
Division 1--Cancellation of registration or permission to teach
without inquiry 22
25. Cancellation of registration or permission to teach without
inquiry 22
Division 2--Powers of Inquiry 23
26. Powers of inquiry 23
27. Employer to notify Institute of action against teacher 23
28. Inquiry into criminal conduct 24
Division 3--Preliminary Investigations into Complaints 24
29. When complaints are to be investigated 24
30. Outcome of preliminary investigation 25
31. Institute may determine to conduct a hearing 25
Division 4--Formal and Informal Hearings 25
32. Establishment and notification of an informal hearing 25
33. Professional Practice and Conduct Committee to conduct
informal hearing 26
34. Notice of an informal hearing 27
35. Conduct of an informal hearing 27
36. Findings and determinations of an informal hearing 28
37. Change of informal hearing to formal hearing during course of
hearing 28
38. Establishment and notification of formal hearing 28
39. Constitution of a hearing panel for a formal hearing 29
40. Notice of a formal hearing 30
41. Conduct of a formal hearing 30
42. Findings and determinations of a formal hearing into conduct 31
Division 5--General Provisions relating to Inquiries 32
43. Inquiry may continue even if person no longer registered 33
44. Procedure at formal and informal hearings 33
45. Powers of panel conducting a formal hearing 33
46. Determinations 33
47. Notice of cancellations and determinations of panel 34
48. Notifications 34
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Clause Page
49. Offence to disclose information identifying complainant,
witness or teacher 35
50. Enforcement of determination 36
51. Revocation of suspension 36
PART 5--REVIEW BY VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL 38
52. Review by VCAT 38
PART 6--OFFENCES 39
53. Unregistered teachers 39
54. Provision of information by teachers 39
55. False representation 39
56. Return of document 40
57. Proceedings 40
PART 7--ADMINISTRATION 41
Division 1--The Council 41
58. Resignation and removal 41
59. Elected members 41
60. Terms and conditions of appointment 43
61. Payment of members 43
62. Acting members 44
63. Procedure of Council 45
64. Member's interests 45
65. Resolutions without meetings 46
66. Approved methods of communication for Council 47
67. Effect of vacancy or defect 47
Division 2--Further powers of the Council 47
68. Institute staff 48
69. Savings for certain staff 48
70. Establishment of committees or bodies to act as delegates of
Council 49
71. Delegation 50
72. Accreditation Committee 50
73. Professional Practice and Conduct Committee 51
74. Membership of committees and bodies 51
75. Terms of office 52
76. Resignation and removal 52
77. Payment of members 53
78. Procedure of committee, panel or body 53
79. Effect of vacancy or defect 54
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80. Immunity 54
Division 3--Finances 55
81. Fees 55
82. Victorian Institute of Teaching Fund 55
PART 8--REGULATIONS 57
83. Regulations 57
PART 9--COLLEGES 58
84. Establishment of Colleges 58
PART 10--CONSEQUENTIAL AMENDMENTS 60
85. Education Act 1958 60
86. New section 44 substituted 61
44. Unregistered schools 61
87. New section 49 substituted 61
49. Publication of register of schools 61
88. Amendments to Teaching Service Act 1981 61
82. Saving for membership of Merit Protection Board 62
89. Amendments to VCAT Act 62
PART 11--TRANSITIONALS AND SAVINGS 63
90. First Council of the Institute 63
91. Existing registrations and permissions 64
92. Continuation of existing inquiries 65
93. Application of this Act to conduct occurring before the
commencement of Part 4 66
94. First College to be established by Minister 66
ENDNOTES 68
INDEX 69
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PARLIAMENT OF VICTORIA
Initiated in Assembly 31 October 2001
As amended by Assembly 22 November 2001
A BILL
to recognise, promote and regulate the profession of teaching and to
establish the Victorian Institute of Teaching and for other purposes.
Victorian Institute of Teaching Act 2001
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is to recognise,
promote and regulate the teaching profession by--
5 (a) providing for the registration of teachers in
schools in Victoria;
(b) regulating the conduct of those teachers;
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(c) providing a procedure for handling
complaints about teachers registered or
permitted to teach under this Act;
(d) establishing the Victorian Institute of
5 Teaching.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision referred to in sub-section (1) does
10 not come into operation before 1 February 2003, it
comes into operation on that day.
3. Definitions
In this Act--
"complaint" includes an allegation of serious
15 incompetence, serious misconduct or
unfitness to teach;
"Council" means the Council of the Victorian
Institute of Teaching established under
section 8;
20 "Fund" means the Victorian Institute of Teaching
Fund;
"Institute" means the Victorian Institute of
Teaching established under section 4;
"registered teacher" means a person registered
25 under this Act as a teacher or a person who is
granted permission to teach under this Act;
"registration" includes permission to teach under
section 14;
"school" means a State school established by the
30 Minister under section 21 of the Education
Act 1958 or a school registered or required
to be registered under Part III of that Act;
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"Secretary" means the Secretary to the
Department of Education, Employment and
Training;
"sexual offence" means--
5 (a) an offence against section 44(2), 45, 47,
47A, 48, 49, 49A, 54, 56, 58, 60, 68, 69
or 70 of the Crimes Act 1958; or
(b) an offence against section 45(1) (sexual
penetration of child under the age of
10 10) (as amended) of the Crimes Act
1958 inserted in the Crimes Act 1958
on 5 August 1991 by section 3 of the
Crimes (Sexual Offences) Act 1991
and repealed by section 5 of the
15 Crimes (Amendment) Act 2000; or
(c) an offence against section 46(1) (sexual
penetration of child aged between 10
and 16) (as amended) of the Crimes
Act 1958 inserted in the Crimes Act
20 1958 on 5 August 1991 by section 3 of
the Crimes (Sexual Offences) Act
1991 and repealed by section 5 of the
Crimes (Amendment) Act 2000; or
(d) an offence against section 38, 39, 40,
25 44(1), 53, 55, 57 or 59 of the Crimes
Act 1958 involving a person under the
age of 18; or
(e) an offence of attempting to commit any
offence referred to in paragraph (a), (b),
30 (c) or (d); or
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(f) any other offence, whether committed
in Victoria or elsewhere, the necessary
elements of which consist of or include
elements which constitute an offence
5 referred to in paragraph (a), (b), (c), (d)
or (e);
"teacher"--
(a) means a person who in a school,
undertakes duties that include the
10 delivery of an educational program or
the assessment of student participation
in an educational program; and
(b) includes a person employed as the
principal or the head of a school
15 whether or not that person undertakes
the duties of a teacher if the person has
been employed as a teacher in any
school prior to being employed as the
principal or the head of a school;
20 (c) does not include a teacher's aide, a
teacher's assistant or a student teacher.
_______________
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PART 2--VICTORIAN INSTITUTE OF TEACHING
4. Establishment of Institute
(1) There is established a Victorian Institute of
Teaching.
5 (2) The Institute--
(a) is a body corporate with perpetual
succession;
(b) has an official seal;
(c) may sue and be sued in its corporate name;
10 (d) may acquire, hold and dispose of real and
personal property;
(e) may do and suffer all acts and things that a
body corporate may by law do and suffer.
(3) The official seal must be kept as directed by the
15 Institute and must only be used as authorised by
the Institute.
(4) All courts must take judicial notice of the imprint
of the official seal on a document and, until the
contrary is proved, must presume that the
20 document was properly sealed.
5. Functions of Institute
(1) The functions of the Institute are to--
(a) recognise and promote the profession of
teaching and regulate members of the
25 teaching profession;
(b) approve teacher education courses that will
lead to qualifications or competencies in
teaching that satisfy the requirements for
registration as a teacher;
30 (c) recommend for the approval of the Minister
qualifications, criteria and standards for the
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registration and renewal of registration of
teachers in schools in Victoria;
(d) develop, establish and maintain standards of
professional practice for entry into the
5 teaching profession and for continuing
membership of the profession;
(e) grant registration or permission to teach in
Victorian schools;
(f) issue certificates of registration to those
10 teachers who are registered to, or have
permission to, teach in schools in Victoria;
(g) maintain a register of teachers who are
registered to, or have permission to, teach in
schools in Victoria;
15 (h) develop, maintain and promote a code of
conduct for the teaching profession;
(i) investigate the conduct, competence and
fitness to teach of registered teachers and
impose sanctions where appropriate;
20 (j) develop and maintain a Professional
Learning Framework to support and promote
the continuing education and professional
development of teachers;
(k) undertake professional development
25 programs and activities in relation to the
functions of the Institute;
(l) undertake and promote research about
teaching and learning practices;
(m) advise the Minister about any matters
30 concerning teachers including the
professional development needs of teachers;
(n) prepare for the approval of the Minister a
strategic plan and an annual business plan of
the Institute;
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(o) perform any other function conferred on the
Institute by this or any other Act.
(2) The Minister may not approve qualifications,
criteria and standards for the registration or
5 renewal of registration of teachers in schools in
Victoria unless they have been recommended by
the Institute under sub-section (1)(c).
6. Powers of Institute
(1) For the purpose of performing its functions, the
10 Institute has power to do all things necessary or
convenient to be done for or in connection with,
or as incidental to, the performance of its
functions.
(2) Without limiting sub-section (1)--
15 (a) the Institute may be a member of a company,
association, trust or partnership;
(b) form or participate in the formation of a
company, association, trust or partnership;
(c) enter into a joint venture with any other
20 person or persons;
(d) apply for, obtain and hold, whether on its
own behalf or jointly with any other person,
any intellectual property rights;
(e) assign or grant licences in respect of those
25 intellectual property rights, with or without
charge;
(f) enter into agreements and arrangements for
the commercial exploitation of intellectual
property rights;
30 (g) charge fees for services provided by the
Institute under this Act.
(3) This section does not limit any other power given
to the Institute by any other provision of this Act.
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7. Ministerial advice
The Institute must give due regard to any advice
given by the Minister in relation to the exercise of
its powers and the performance of its functions.
5 8. Membership of the Council
(1) The Institute is to be governed by a Council of the
Victorian Institute of Teaching.
(2) The Council is to consist of not more than
19 members of whom--
10 (a) 9 are to be appointed by the Governor in
Council in accordance with sub-section
(3)(a), (b), (c), (d), (e) and (f); and
(b) 9 are to be elected under sub-section (4)(a)
and (b); and
15 (c) one is to be the Secretary or the nominee of
the Secretary.
(3) Of the appointed members--
(a) one is to be appointed as the Chairperson on
the nomination of the Minister;
20 (b) 3 are to be teachers nominated by the
Minister following the Minister's
consideration of names submitted to the
Minister by organisations representing the
professional interests of teachers;
25 (c) one is to be a principal nominated by the
Minister following the Minister's
consideration of names submitted to the
Minister by organisations representing the
professional interests of principals in
30 Victorian schools;
(d) one is to be the parent of a student in a State
school or a school registered under Part III of
the Education Act 1958 selected by the
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Minister following the Minister's
consideration of names submitted to the
Minister from organisations representing
parents of students in those schools;
5 (e) 2 are to be persons nominated by the
Minister following the Minister's
consideration of names submitted to the
Minister from persons or bodies employing
teachers in schools registered under Part III
10 of the Education Act 1958 or bodies or
organisations representing those employers;
(f) one is to be a person with experience or
expertise in preparing people to be teachers
nominated by the Minister following the
15 Minister's consideration of names submitted
to the Minister from tertiary institutions that
prepare people to be teachers.
(4) Of the elected members--
(a) 7 are to be persons who are registered under
20 section 11 elected by registered teachers of
whom--
(i) one is currently teaching in a primary
school that is a State school or currently
teaches at least one subject in such a
25 primary school or the primary part of
such a school;
(ii) one is currently teaching in a primary
school that is registered under Part III
of the Education Act 1958 or currently
30 teaches at least one subject in such a
primary school or the primary part of
such a school;
(iii) one is currently teaching in a secondary
school that is a State school or currently
35 teaches at least one subject in such a
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secondary school or the secondary part
of such a school;
(iv) one is currently teaching in a secondary
school that is registered under Part III
5 of the Education Act 1958 or currently
teaches at least one subject in such a
secondary school or the secondary part
of such a school;
(b) 2 are to be elected by registered teachers of
10 whom--
(i) one is to be a principal in a State
school; and
(ii) one is to be a principal in a school
registered under Part III of the
15 Education Act 1958.
(5) The Minister, in nominating persons to be
appointed as members of the Council, must ensure
that there will be at least one each of the following
persons elected or appointed to the Council--
20 (a) a teacher teaching in a school that is
registered under Part III of the Education
Act 1958 other than a school auspiced by the
Catholic Education Commission;
(b) a teacher teaching in a school that is
25 registered under Part III of the Education
Act 1958 and auspiced by the Catholic
Education Commission;
(c) a Principal of a school that is registered
under Part III of the Education Act 1958
30 other than a school auspiced by the Catholic
Education Commission;
(d) a Principal of a school that is registered
under Part III of the Education Act 1958
and auspiced by the Catholic Education
35 Commission;
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(e) a representative of persons or bodies
employing teachers in schools that are
registered under Part III of the Education
Act 1958 other than schools auspiced by the
5 Catholic Education Commission;
(f) a representative of persons or bodies
employing teachers in schools that are
registered under Part III of the Education
Act 1958 and auspiced by the Catholic
10 Education Commission.
(6) The Council--
(a) is responsible for the management of the
affairs of the Institute; and
(b) may exercise the powers of the Institute.
15 _______________
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PART 3--REGISTRATION AND PERMISSION TO TEACH
Division 1--Registration of Teachers
9. Application for registration
(1) An application for registration as a teacher may be
5 made to the Institute.
(2) An application must be--
(a) made in the form approved by the Institute;
and
(b) accompanied by--
10 (i) evidence that the person is qualified
for registration in accordance with
section 10; and
(ii) details of any information required by
section 54; and
15 (iii) the fee fixed under section 81.
(3) The Institute may require an applicant to provide
further information or material in respect of the
application.
(4) The Institute may require an applicant for
20 registration to--
(a) undergo a criminal record check or provide
information about criminal records;
(b) submit to any tests or provide any references
or reports to determine the suitability or
25 fitness of the person to teach;
(c) submit to any medical or psychiatric
examination that the Institute considers
appropriate and, if required by the Institute,
to provide any results or reports of the
30 examination.
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10. Qualification for registration as a teacher
A natural person is qualified to be registered as a
teacher if the person--
(a) has obtained a qualification that is
5 appropriate for entry to teaching approved by
the Minister or obtained a qualification
which is determined by the Institute to be
equivalent to an approved qualification; and
(b) produces evidence that the person satisfies
10 the criteria approved by the Minister about--
(i) fitness to be a teacher; and
(ii) competence in speaking or
communicating in the English language
for the person to teach in a school; and
15 (c) produces evidence that the person has
achieved the standards of professional
practice required for registration that are
approved by the Minister.
11. Registration
20 (1) The Institute may register an applicant as a
teacher if--
(a) the applicant is qualified for registration
under section 10; and
(b) there are no grounds under sub-section (2)
25 under which the Board may refuse to grant
registration to the applicant; and
(c) the applicant has satisfied the requirements
of section 9;
(2) The Institute may refuse to grant registration to an
30 applicant on any one or more of the following
grounds--
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(a) that the character of the applicant is such that
it would not be in the public interest to allow
the applicant to teach in a school;
(b) that the applicant has been convicted or
5 found guilty of a sexual offence or an
indictable offence in Victoria or an
equivalent offence in another jurisdiction;
(c) that the applicant has been convicted or
found guilty of an offence where the ability
10 of the applicant to teach in a school is likely
to be affected because of the conviction or
finding of guilt or where it is not in the
public interest to allow the applicant to teach
in a school because of the conviction or
15 finding of guilt;
(d) that the applicant has previously held a right
to teach in a school in another State or
Territory or another country, being the
equivalent of registration as a teacher under
20 this Act, and that right has been cancelled or
suspended and not restored because of
conduct which, if committed within Victoria,
would entitle the Institute to suspend or
cancel the registration;
25 (e) that the applicant has not produced evidence
which satisfies the Institute of his or her
fitness to teach.
12. Provisional registration
(1) An applicant who is qualified in accordance with
30 section 11 except that the applicant has not
achieved to the satisfaction of the Institute the
standard of professional practice required for
registration under section 11 is eligible to be
provisionally registered.
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(2) Provisional registration is subject to the condition
that the registered person will before the end of
the first year after the registration or within any
further period not exceeding one year authorised
5 by the Institute achieve the standard of
professional practice required for registration
under section 11.
(3) The provisional registration of a teacher continues
in force for the period not exceeding one year that
10 is specified by the Institute or for a further period
not exceeding one year that is specified by the
Institute or until the registered teacher achieves
the standard of professional practice required for
registration under section 11, whichever occurs
15 first.
(4) The Institute may impose any condition, limitation
or restriction it thinks appropriate on the
provisional registration of a teacher.
(5) The Institute may, upon application by the
20 registered teacher, amend, vary or revoke
any condition, limitation or restriction imposed
under sub-section (4).
Division 2--Permission to teach
13. Application for permission to teach
25 (1) An application for permission to teach may be
made to the Institute.
(2) An application must be--
(a) in the form approved by the Institute and
contain particulars of the person or body
30 who intends to employ or engage the
applicant; and
(b) accompanied by the fee fixed under
section 81.
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(3) The Institute may require an applicant to provide
further information or material in respect of the
application.
14. Permission to teach
5 (1) The Institute may grant an applicant permission to
teach if--
(a) the applicant has the appropriate skills and
experience to teach and satisfies the
requirements of section 10(b); and
10 (b) there are no grounds under section 11(2) that
apply to the applicant; and
(c) the applicant has provided any information
or material required under section 13;
(d) the applicant has paid the fee required by
15 section 13(2)(b).
(2) The Institute may impose any condition, limitation
or restriction it thinks appropriate on the
permission to teach including--
(a) the period for which the permission remains
20 in force;
(b) any subject that the person is permitted to
teach;
(c) the school where the person is permitted to
be employed or engaged at and teach.
25 Division 3--General Provisions
15. Entitlement of applicant to make submissions
If the Institute is proposing to refuse an
application for registration or permission to teach
or to impose conditions, limitations or restrictions
30 on the registration or permission to teach of an
applicant, the Institute must not do so until--
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(a) it has given the applicant notice of this
proposal; and
(b) it has given the applicant an opportunity to
make submissions to the Institute about the
5 proposal.
16. Notification of outcome of application
(1) Upon determining an application under this Part,
the Institute must notify the applicant as to
whether or not registration or permission to teach
10 has been granted to the applicant.
(2) A notice under sub-section (1) about an
application for registration must include the
following information--
(a) if the registration has been granted--
15 (i) the type of registration granted and the
period of registration;
(ii) whether or not any conditions,
limitations or restrictions have been
imposed on the registration and, if so,
20 the reasons for imposing those
conditions, limitations or restrictions;
(b) if the registration has not been granted--
(i) the reasons why it has not been granted;
and
25 (ii) a statement that the applicant has a
right to obtain a review of the decision
not to grant registration.
17. Duration and renewal of registration
(1) The registration of a teacher, other than
30 provisional registration under section 12,
continues in force until the fifth anniversary of the
date of the grant of registration.
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(2) The renewal of registration of a teacher, other
than provisional registration under section 12,
continues in force until the fifth anniversary of the
date of the grant or renewal of registration.
5 (3) The Institute may, before any registration expires,
extend the registration for a period not exceeding
12 months if the Institute is satisfied there are
special circumstances making it necessary to do
so.
10 18. Application for renewal of and refusal to renew
registration
(1) An application for renewal of registration--
(a) must be made to the Institute before the
existing registration expires; and
15 (b) must be accompanied by--
(i) evidence satisfactory to the Institute
that the applicant has maintained an
appropriate level of professional
practice in the preceding 5 years
20 referred to in sub-section (4)(a);
(ii) details of any information required by
section 54;
(iii) the fee fixed under section 81.
(2) If a person does not apply for renewal of
25 registration before the end of the existing
registration period, the Institute may renew that
person's registration if the application is made
within 3 months after the end of the registration
period and if the applicant pays an additional fee
30 fixed by the Institute which must not be more than
50% of the fee for renewal of registration.
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(3) If a person's registration has expired without being
renewed that person is deemed to be registered for
3 months after that expiry or, if an application for
renewal has been made in accordance with sub-
5 section (2), for 3 months after that application is
made, whichever is the later and if, at the end of
that period of 3 months, the Institute has not
renewed his or her registration, the Institute must
remove that person's name from the register.
10 (4) The Institute may refuse to renew the registration
of an applicant--
(a) if the Institute is satisfied that the applicant
has not maintained an appropriate level of
professional practice in the preceding 5 years
15 having regard to the standards of
professional practice approved by the
Minister; or
(b) on any other ground on which the Institute
might refuse to grant registration.
20 19. Effect of suspension of registration
For the purposes of this Act, a teacher whose
registration is suspended is deemed not to be
registered for the period of that suspension.
20. Registration obtained by fraud
25 (1) If the Institute believes that the registration of a
teacher has been obtained by fraud or
misrepresentation or that the qualifications upon
which the teacher relied for registration have been
withdrawn the Institute must conduct a hearing
30 into the matter.
(2) The Institute must give notice of the time and
place of the hearing to the teacher.
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(3) The provisions applying to the conduct of a
formal hearing under Part 4 apply to a hearing
under this section as if the hearing under this
section were a formal hearing.
5 (4) If, at the end of the hearing, the Institute
determines that the registration of the teacher has
been obtained by fraud or misrepresentation or
that the qualifications upon which the teacher has
relied for registration have been withdrawn, the
10 Institute may cancel the registration of the teacher
or take any other action that may be taken under
Part 4.
21. Annual fees
(1) Every registered teacher must pay an annual
15 registration fee fixed under section 81 to the
Institute on the anniversary of the date on which
the person was registered or granted permission to
teach.
(2) If a registered teacher fails to pay the annual
20 registration fee without reasonable excuse, the
Institute may suspend the registration of the
teacher or their permission to teach.
(3) The Institute may revoke a suspension under sub-
section (2) if the person concerned gives a
25 satisfactory explanation of the failure and pays the
annual registration fee together with any
additional fee fixed under section 81.
Division 4--The Register
22. The Register
30 There shall be a Register of Teachers containing
the following particulars in relation to each
registered teacher--
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(a) the teacher's name;
(b) the registration status of the teacher
including details as to the type of registration
held;
5 (c) the teacher's qualifications;
(d) the professional expertise that is recognised
by the Institute;
(e) the date of registration;
(f) the registration number.
10 23. Publication of Register
The Institute must maintain the Register and make
an up to date copy available for inspection by any
person at the Institute's offices during normal
office hours, free of charge.
15 24. Use of certificate as evidence
A certificate purporting to be signed by the
Chairperson or any two members of the Council
to the effect that--
(a) a person is or is not or was or was not, at any
20 specified date, registered as a teacher under
this Act; or
(b) a teacher did or did not at any specified date
have the permission of the Institute to teach
under this Act--
25 is evidence, and, in the absence of evidence to the
contrary, is proof of the matters stated in it.
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PART 4--DISCIPLINARY PROCEEDINGS
Division 1--Cancellation of registration or permission to
teach without inquiry
25. Cancellation of registration or permission to teach
5 without inquiry
(1) A person who is registered under this Act ceases
to be so registered if the person is, in Victoria or
elsewhere, convicted or found guilty of a sexual
offence.
10 (2) A person who has obtained the permission of the
Institute to teach in a school ceases to have that
permission if the person, in Victoria or elsewhere,
is convicted or found guilty of a sexual offence.
(3) A person who, in Victoria or elsewhere, is
15 convicted or found guilty of a sexual offence is
disqualified from teaching in a school.
(4) For the purposes of sub-sections (1), (2) and (3), a
conviction or finding of guilt takes effect on the
date of the conviction or finding of guilt and the
20 lodging of an appeal against the conviction or
finding does not affect the operation of those sub-
sections.
(5) If a finding or conviction in relation to a person
referred to in sub-section (1), (2) or (3) is quashed
25 on appeal the relevant sub-section ceases, from
the date the finding or conviction was quashed, to
apply to the person with respect to that particular
finding or conviction.
(6) Nothing in this section limits the powers of the
30 Institute under this Part.
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(7) This section applies only to a conviction or a
finding of guilt that occurs after--
(a) 21 April 1998 in relation to a teacher who at
the time of commencement of this section
5 was teaching in a school other than a State
school; and
(b) the date of the commencement of this section
in relation to any other person.
Division 2--Powers of Inquiry
10 26. Powers of inquiry
(1) The Institute may in accordance with this Part
inquire into any information it receives under
section 27 or 28 or any complaint that provides
evidence of the serious incompetence of a
15 registered teacher, serious misconduct of a
registered teacher or that a registered teacher is
unfit to be a teacher.
(2) The Institute must in writing notify--
(a) the registered teacher; and
20 (b) the employer of the registered teacher; and
(c) the person who made the complaint--
of its determination to inquire or not to inquire
into the registered teacher's competence or fitness
to teach or the conduct of the registered teacher.
25 27. Employer to notify Institute of action against teacher
(1) The employer of a registered teacher must inform
the Institute if the employer has taken any action
against the registered teacher in response to
allegations of serious incompetence of the
30 registered teacher, serious misconduct of the
registered teacher or that the registered teacher is
unfit to be a teacher or any other actions that may
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be relevant to the registered teacher's fitness to
teach.
(2) The employer of a registered teacher must provide
the Institute with any information the Institute
5 may reasonably require to conduct an inquiry
under this Part.
28. Inquiry into criminal conduct
If the Institute is informed that a registered teacher
has been convicted or found guilty of an
10 indictable offence other than a sexual offence, the
Institute must conduct an inquiry under this Part
into the registered teacher's fitness to teach.
Division 3--Preliminary Investigations into Complaints
29. When complaints are to be investigated
15 (1) The Institute must investigate a complaint of
serious incompetence, serious misconduct or a
complaint involving the continued fitness to teach
of a registered teacher unless the Institute has
determined that the complaint is frivolous or
20 vexatious.
(2) In order to determine whether or not it is
necessary to conduct a formal or informal hearing
into a complaint, the Institute may conduct a
preliminary investigation into the complaint or
25 request the employer of the teacher who is the
subject of the complaint to conduct the
preliminary investigation.
(3) The Institute may, in writing, delegate to--
(a) an employee of the Institute; or
30 (b) an investigator retained by the Institute; or
(c) a member of the Council or a number of
members not exceeding 3; or
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(d) the employer of the teacher who is the
subject of the complaint--
its power to conduct a preliminary investigation
into a complaint, other than its power to make
5 determinations upon a preliminary investigation.
30. Outcome of preliminary investigation
(1) Upon completing a preliminary investigation, the
person or persons conducting the investigation
may make one of the following
10 recommendations--
(a) that the investigation into the matter should
not proceed further; or
(b) that an informal or formal hearing should be
held into the matter.
15 (2) The Institute must determine whether or not to act
on the recommendations of any person conducting
the preliminary investigation.
31. Institute may determine to conduct a hearing
The Institute may, of its own motion, determine to
20 conduct a formal or informal hearing into a
registered teacher's competence or fitness to teach
or the conduct of the registered teacher without
conducting a preliminary investigation.
Division 4--Formal and Informal Hearings
25 32. Establishment and notification of an informal
hearing
If the Institute has determined under section 30 or
31 that an informal hearing be held into the
conduct, competence or the continued fitness to
30 teach of a registered teacher, the Institute must--
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(a) refer the matter to the Professional Practice
and Conduct Committee to hold the informal
hearing; and
(b) fix a time and place for the hearing to be
5 held; and
(c) by registered post, serve a notice on the
registered teacher under section 34; and
(d) serve notice on any complainant by
registered post which complies with section
10 40(a) and (b).
33. Professional Practice and Conduct Committee to
conduct informal hearing
(1) A person who has made a complaint or
undertaken a preliminary investigation of the
15 matter is not entitled to be a member of the
Professional Practice and Conduct Committee.
(2) If--
(a) the Professional Practice and Conduct
Committee is unable to hear the matter
20 because there are not enough members
available to sit on it; or
(b) the Institute is of the opinion that a person
with special expertise is required for the
hearing--
25 the chairperson of the Council may fill a vacant
position on the Professional Practice and Conduct
Committee by appointing a person who is not a
member of the Council.
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34. Notice of an informal hearing
A notice of an informal hearing must--
(a) state the nature of the hearing and the
complaint made against the teacher; and
5 (b) give the time and place of the hearing; and
(c) state that the teacher may choose to have the
matter determined by a formal hearing and
state the differences between a formal and
informal hearing; and
10 (d) state that there is no right to legal
representation at the hearing, but that the
teacher is entitled to be present and to make
submissions and to be accompanied by
another person; and
15 (e) state that the hearing is not open to the
public; and
(f) list the findings the Professional Practice and
Conduct Committee can make.
35. Conduct of an informal hearing
20 At an informal hearing--
(a) the Professional Practice and Conduct
Committee must hear and determine whether
or not the matter before it should proceed to
a formal hearing; and
25 (b) the teacher who is the subject of the hearing
is entitled to be present, to make submissions
and to be accompanied by another person but
is not entitled to be represented; and
(c) the proceedings of the hearing must not be
30 open to the public.
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36. Findings and determinations of an informal hearing
(1) After considering all the submissions made to the
hearing, the Professional Practice and Conduct
Committee may find--
5 (a) the matter should be referred to a formal
hearing; or
(b) the matter should not be referred to a formal
hearing.
(2) If the Committee finds that there should be a
10 formal hearing the Committee must refer the
matter to a formal hearing.
37. Change of informal hearing to formal hearing during
course of hearing
If, before the end of the informal hearing--
15 (a) the teacher requests that a formal hearing be
held; or
(b) the Professional Practice and Conduct
Committee is of the opinion that a formal
hearing should be held--
20 the Committee must abandon the informal hearing
and refer the matter to a formal hearing.
38. Establishment and notification of formal hearing
If--
(a) the Institute has determined under section 30
25 or 31 that a formal hearing be held; or
(b) the Professional Practice and Conduct
Committee has referred a matter to a formal
hearing under section 36 or 37--
the Institute must--
30 (c) appoint a panel to hold the hearing; and
(d) fix a time and place for the hearing to be
conducted; and
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(e) serve a notice on the teacher by registered
post which complies with section 40; and
(f) serve a notice on any complainant by
registered post which complies with section
5 40(a) and (b).
39. Constitution of a hearing panel for a formal hearing
(1) A panel appointed under section 38 must consist
of not less than 3 persons, of whom--
(a) one is to be the Chairperson who is to be a
10 member of the Council; and
(b) one is to be a registered teacher.
(2) If--
(a) the Institute is unable to appoint a panel
because there are not enough members
15 available to sit on it; or
(b) the Institute is of the opinion that a person
with special expertise is required for the
hearing--
the Chairperson of the Council may fill a vacant
20 position on the panel by appointing a person who
is not a member of the Council.
(3) The following people are not entitled to be
members of a panel for a formal hearing--
(a) a person who has undertaken a preliminary
25 investigation of the matter which is the
subject of the hearing;
(b) a person who has been a member of the
Professional Practice and Conduct
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Committee which held an informal hearing
into the matter;
(c) a complainant.
40. Notice of a formal hearing
5 A notice of a formal hearing must--
(a) state the nature of the hearing and the
complaint or allegations made against the
teacher; and
(b) give the time and place of the hearing; and
10 (c) state that there is a right to make submissions
and to be represented, that the hearing is
open to the public, list the possible findings
the panel can make and state that there is a
right to apply for a review of the panel's
15 determinations.
41. Conduct of a formal hearing
At a formal hearing--
(a) the hearing panel must hear and determine
the matter before it; and
20 (b) the teacher who is the subject of the hearing
is entitled to be present, to make submissions
and to be represented; and
(c) if the hearing arises out of a complaint, the
identity of the complainant is not to be
25 published or broadcast and the
complainant--
(i) in the case of a proceeding which has
not been closed under paragraph (d), is
entitled to be present; and
30 (ii) if not called as a witness, may make
submissions with the permission of the
panel; and
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(d) the proceedings are to be open to the public
unless the panel determines that the
proceedings should be closed because the
hearing is taking evidence of intimate,
5 personal or financial matters; and
(e) if the panel has determined that the
proceedings are closed, the panel may
determine that the identity of any witness
giving evidence in the proceedings is not to
10 be published or broadcast; and
(f) the panel may determine that any
information that might enable the teacher
who is the subject of the hearing to be
identified prior to the making of a final
15 determination must not be published if the
panel considers it necessary to do so to avoid
prejudicing the administration of justice or
for any other reason in the interests of
justice.
20 42. Findings and determinations of a formal hearing into
conduct
(1) After considering all the submissions made to a
formal hearing into the conduct of a registered
teacher the panel may make findings about
25 whether or not--
(a) the teacher has, whether by act or omission,
engaged in serious misconduct; or
(b) the teacher has, whether by act or omission,
been seriously incompetent; or
30 (c) the teacher is, whether by act or omission,
not fit to teach.
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(2) If after considering the submissions made at an
inquiry the panel finds that--
(a) the teacher is seriously incompetent in his or
her teaching practice; or
5 (b) the teacher is not fit to teach; or
(c) the teacher is guilty of serious misconduct;
or
(d) the teacher has breached or failed to comply
with any provision of this Act; or
10 (e) the teacher has been convicted or found
guilty in Victoria of an indictable offence or
has elsewhere been convicted or found guilty
of an offence which if committed in Victoria,
would be an indictable offence and that the
15 teacher is not fit to teach; or
(f) the registration of the teacher has been
obtained by fraud or misrepresentation or
concealment of facts--
the panel may make a determination to do one or
20 more of the following--
(g) impose conditions, limitations or restrictions
on the registration of the teacher;
(h) suspend the registration of the teacher for the
period and subject to the conditions,
25 limitations and restrictions, if any, specified
in the determination;
(i) cancel the registration of the teacher.
Division 5--General Provisions relating to Inquiries
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43. Inquiry may continue even if person no longer
registered
The Institute may conduct or continue to conduct
an inquiry into the conduct or activities of a
5 person who was a registered teacher at the time of
the conduct or activities but who has ceased to be
a registered teacher as if the person were a
registered teacher.
44. Procedure at formal and informal hearings
10 At a formal or informal hearing--
(a) subject to this Part, the procedure of the
Professional Practice and Conduct
Committee or a panel is in its discretion; and
(b) the proceedings must be conducted with as
15 little formality and technicality as the
requirements of this Act and the proper
consideration of the matter permit; and
(c) the Committee or a panel is not bound by
rules of evidence but may inform itself in
20 any way it thinks fit; and
(d) the Committee or a panel is bound by the
rules of natural justice.
45. Powers of panel conducting a formal hearing
Sections 14, 15, 16 and 21A of the Evidence Act
25 1958 apply to a panel in the conduct of a formal
hearing as if it were a Board or the Chairman of a
Board appointed by the Governor in Council.
46. Determinations
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(1) A determination made by a panel on a hearing
comes into operation on its making or at any later
time stated in the determination.
(2) A determination of a panel has effect as if it were
5 a determination of the Institute.
47. Notice of cancellations and determinations of panel
(1) The Institute must advise the teacher of the
determination of the Professional Practice and
Conduct Committee or a panel under this Part and
10 of the reasons for the determination, within
28 days after the making of the determination.
(2) The Institute must advise a person whose
registration is cancelled under section 25 of that
cancellation.
15 48. Notifications
(1) If a determination has been made by a panel--
(a) imposing conditions, limitations or
restrictions on the registration of a teacher;
or
20 (b) suspending the registration of a teacher; or
(c) cancelling the registration of a teacher--
the Institute must give notice of the
determination--
(d) in the Government Gazette; and
25 (e) to the teacher registration authorities in all
other States or Territories of the
Commonwealth and in New Zealand; and
(f) to the teacher's employer; and
(g) if the Institute has received a request for
30 information about the person in respect of
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whom the determination has been made from
a teacher registration authority outside
Australia or New Zealand, that authority.
(2) Notice under sub-section (1) must be given as
5 soon as practicable after the determination has
been made.
(3) If the registration of a teacher is cancelled by
virtue of section 25 the Institute must give notice
of that cancellation in accordance with paragraphs
10 (d), (e), (f) and (g) of sub-section (1).
(4) If a complaint has been made to the Institute, the
Institute must notify the complainant--
(a) of whether or not a formal or informal
hearing is to be conducted into the matter
15 and, if so, of the time and place of the
hearing and, in the case of a formal hearing,
of the fact that the complainant's identity is
not to be published or broadcast; and
(b) in the case of a formal or informal hearing,
20 of whether or not the complainant has any
right to make submissions at the hearing; and
(c) of the findings and determinations of any
hearing arising from that complaint and the
reasons for those findings and
25 determinations, within 28 days after their
having been made.
49. Offence to disclose information identifying
complainant, witness or teacher
A person must not publish or broadcast or cause
30 to be published or broadcast any report of a formal
hearing under this Part which contains
information which would enable--
(a) the complainant to be identified; or
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(b) if the panel has made a determination
prohibiting the publication or broadcast of
the identity of a witness, that witness to be
identified; or
5 (c) if the panel has made a determination
prohibiting the publication or broadcast of
the identity of a registered teacher prior to
the making of a final determination, that
teacher to be identified prior to the making
10 of the final determination--
unless the complainant, witness or teacher has,
before publication or broadcast, consented to this.
Penalty: 50 penalty units for a natural person or
100 penalty units for a body corporate.
15 50. Enforcement of determination
(1) The Institute must take all action necessary to give
effect to a cancellation of registration under
section 25 or a determination made on an inquiry
under this Part.
20 (2) Action under sub-section (1) includes, but is not
limited to--
(a) the amendment of a certificate of
registration; and
(b) the recording of matters in the Register.
25 (3) A registered teacher who does not comply with a
determination under section 42 is guilty of serious
misconduct.
51. Revocation of suspension
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(1) The Institute may at the request of the person
concerned or on its own initiative revoke the
suspension of the person's registration.
(2) The Institute must without delay give written
5 notice of the revocation to the person concerned.
_______________
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PART 5--REVIEW BY VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL
52. Review by VCAT
(1) A person may apply to the Victorian Civil and
5 Administrative Tribunal for review of--
(a) a determination refusing the person's
application for registration or renewal of
registration; or
(b) a determination made under Part 4 cancelling
10 or suspending the person's registration; or
(c) a determination made under Part 4 imposing
conditions, limitations or restrictions on a
person's registration.
(2) An application for review under this Part must be
15 made--
(a) in the case of an application under sub-
section (1)(a)--within 28 days after the day
on which the Institute gives notice of the
determination to the person; or
20 (b) in any other case--within 3 months after the
day on which the Institute gives notice of the
determination to the person.
_______________
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PART 6--OFFENCES
53. Unregistered teachers
(1) A person who is not registered, or who does not
have permission to teach, under this Act must not
5 undertake the duties of a teacher in a school.
Penalty: 100 penalty units.
(2) A person or body must not employ a person to
teach in a school unless the person is registered to
teach, or has permission to teach, under this Act.
10 Penalty: 100 penalty units.
54. Provision of information by teachers
(1) If a registered teacher has in respect of a sexual
offence or other indictable offence--
(a) been committed for trial; or
15 (b) been convicted or found guilty of the
offence--
the person must notify the Institute within 30 days
after that commitment, conviction or finding of
guilt.
20 Penalty: 50 penalty units.
(2) An applicant for registration or renewal of
registration as a teacher must ensure that details of
any of the matters referred to in this section are set
out in the application.
25 55. False representation
(1) A person who is not a registered teacher must not
claim to be a registered teacher or hold himself or
herself out as being a registered teacher.
Penalty: 10 penalty units.
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(2) A person must not fraudulently or by false
representation obtain registration or permission to
teach under this Act.
Penalty: 10 penalty units.
5 56. Return of document
(1) If a teacher's registration is cancelled or
suspended, the teacher must, within 14 days after
the date on which notice of the determination is
given, return the certificate or other document
10 issued by the Institute as evidence of registration
or permission to teach to the Institute.
Penalty: 5 penalty units.
(2) The Institute must return a certificate or other
document issued by the Institute as evidence of
15 registration or permission to teach to the holder of
the certificate or other document as soon as
possible--
(a) after the end of the suspension period; or
(b) if the suspension is sooner revoked, after that
20 revocation.
57. Proceedings
Proceedings for an offence under this Part may be
commenced by any person authorised by the
Institute to do so.
25 _______________
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PART 7--ADMINISTRATION
Division 1--The Council
58. Resignation and removal
(1) A member of the Council may resign from office
5 by delivering to the Chairperson a signed letter of
resignation.
(2) The Governor in Council may at any time remove
a member appointed by the Governor in Council
from office.
10 (3) The office of a member becomes vacant if--
(a) the member becomes bankrupt; or
(b) the member is found guilty of an offence
which is, or which would if committed in
Victoria be, an indictable offence; or
15 (c) the Council resolves that the member has
been absent from 3 consecutive meetings of
the Council without the leave of the
Chairperson, or in the case of the
Chairperson without the Minister's leave.
20 59. Elected members
(1) The Registrar of the Institute must maintain a roll
of electors for the Institute consisting of registered
teachers.
(2) If the Council is, after making all reasonable
25 efforts to do so, unable to obtain sufficient
nominations to fill the number of vacancies to be
filled by an election, the Governor in Council may
appoint a member or members from the roll of
electors to fill the vacancy.
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(3) If the number of candidates for an election to the
Council is equal to or less than the number of
vacancies to be filled, the Council may appoint
the candidate or candidates as a member or
5 members of the Council.
(4) If there is no candidate at an election or if for any
reason no person is elected at an election, the
Governor in Council may appoint a registered
teacher to be a member of the Council even
10 though that person has not been elected.
(5) A person appointed under sub-section (2), (3) or
(4) is deemed to be an elected member of the
Council.
(6) The Electoral Commissioner appointed by the
15 Governor in Council under section 144 of The
Constitution Act Amendment Act 1958 must
conduct any election required for membership of
the Council.
(7) The Electoral Commissioner must ensure that an
20 election required for membership of the Council is
conducted in accordance with the regulations and
may exercise the powers and perform any
functions relating to the conduct of elections that
are conferred on the Electoral Commissioner by
25 the regulations.
(8) A ballot paper for an election must list the
candidates for the election by reference to a
category referred to in section 8(4).
(9) A registered teacher may vote for a number of
30 candidates not exceeding 6.
(10) The first 6 members to be declared as elected are
those candidates who receive the most numbers of
votes in the category in which they are listed and
the remaining 3 members to be declared as elected
35 are the remaining candidates who receive the
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highest number of votes at the election
(disregarding the votes for the 6 candidates
already declared to be elected).
(11) A candidate for an election may submit a printed
5 candidate statement not exceeding the number of
words fixed by the Electoral Commissioner
(which must not be less than 50 words) to be
distributed by the Electoral Commissioner with
the ballot papers for the election.
10 60. Terms and conditions of appointment
(1) An elected member holds office for 3 years and is
eligible to stand for re-election.
(2) An appointed member holds office for the term,
not exceeding 3 years, specified in the instrument
15 of appointment but is eligible for re-appointment.
(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 Council.
(4) 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
25 this Act.
61. Payment of members
(1) A member or acting member of the Council, other
than a member who holds a full-time government
office, or a full-time office in the public service,
30 teaching service or with a statutory authority is
entitled to receive the remuneration and fees that
are fixed from time to time by the Governor in
Council for that member.
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(2) Each member or acting member of the Council is
entitled to receive the personal and travelling
expenses that are fixed from time to time by the
Governor in Council.
5 62. Acting members
(1) If a member is unable to perform his or her duties
or is absent from duty or there is a vacancy in the
office of a member, the Chairperson on the
recommendation of the Council may appoint a
10 person to act in the place of that member during
that inability, absence or until the vacancy is filled
or for any other period specified in the instrument
of appointment.
(2) A person so appointed, while acting in the place
15 of the member or during the vacancy in the office
of a member--
(a) has all the powers and may perform all the
functions of the member; and
(b) if the person does not hold a full-time
20 government office or a full-time office in the
public service, the teaching service or with a
statutory authority, is entitled to be paid any
remuneration and travelling or other
expenses that the member would have been
25 entitled to under section 61.
(3) An acting member may resign his or her office in
writing delivered to the Chairperson of the
Council.
(4) The Chairperson on the recommendation of the
30 Council may remove or suspend an acting
member from office.
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63. Procedure of Council
(1) The Chairperson must preside at any meeting of
the Council at which he or she is present.
(2) If the Chairperson is absent, a member elected by
5 the members present at a Council meeting must
preside.
(3) A question arising at a meeting is determined by a
majority of votes and the person presiding at a
meeting has a deliberative vote and a second vote
10 if necessary.
(4) A majority of the members of the Council
currently holding office constitutes a quorum.
(5) Meetings of the Council (of which there must be
at least 6 in each year) shall be held at the times
15 and places determined by the Council or as
directed by the Chairperson.
(6) The Council must keep a record of the decisions
and full and accurate minutes of its meetings.
(7) Subject to this Act the Council may regulate its
20 own proceedings.
64. Member's interests
(1) A member who has a pecuniary or other interest in
any matter in which the Council is concerned
must--
25 (a) if the member is present at a meeting of the
Council at which the matter is to be
considered, disclose the nature of the interest
immediately before the consideration of that
matter; or
30 (b) if the member is aware that the matter is to
be considered at a meeting of the Council at
which the member does not intend to be
present, disclose the nature of the interest to
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the Chairperson or Deputy Chairperson of
the Council before the meeting is held.
(2) The member--
(a) may take part in the discussion in the
5 meeting; and
(b) must leave the meeting while any vote is
taken on a question relating to the matter.
65. Resolutions without meetings
(1) If--
10 (a) the Council has taken reasonable steps to
give notice to each member setting out the
terms of a proposed resolution; and
(b) a majority of the members for the time being
sign a document containing a statement that
15 they are in favour of the resolution in the
terms set out in the document--
a resolution in those terms is deemed to have been
passed at a meeting of the Council held on the day
on which the document is signed or, if the
20 members referred to in paragraph (b) do not sign it
on the same day, on the day on which the last of
those members signs the document.
(2) If a resolution is, under sub-section (1), deemed to
have been passed at a meeting of the Council,
25 each member must as soon as practicable be
advised of the matter and given a copy of the
resolution.
(3) For the purposes of sub-section (1), 2 or more
separate documents containing a statement in
30 identical terms, each of which is signed by one or
more members, are deemed to constitute one
document.
(4) The majority of members referred to in sub-
section (1)(b) must not include a member who,
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because of section 64, is not entitled to vote on the
resolution.
66. Approved methods of communication for Council
(1) If not less than two-thirds of the members of the
5 Council for the time being holding office so agree,
a meeting of the Council may be held by means of
a method of communication, or by means of a
combination of methods of communication,
approved by the Chairperson of the Council for
10 the purposes of that meeting.
(2) For the purposes of this Part, a member of the
Council who participates in a meeting held as
permitted by sub-section (1) is present at the
meeting even if he or she is not physically present
15 at the same place as another member participating
in the meeting.
(3) This section--
(a) applies to a meeting or a part of a meeting;
(b) does not apply to a meeting conducted for
20 the purposes of Part 4.
67. Effect of vacancy or defect
An act or decision of the Council is not invalid
only because--
(a) of a vacancy in its membership; or
25 (b) of a defect or irregularity in the appointment
or election of any of its members; or
(c) in the case of a presiding or acting member,
the occasion for that person so presiding or
acting had not arisen or had ceased.
30 Division 2--Further powers of the Council
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68. Institute staff
(1) A Registrar, a chief executive officer and any
other employees that are necessary for the
purposes of this Act may be employed.
5 (2) The chief executive officer is responsible for
implementing any policy or decision of the
Minister or the Council made in accordance with
this Act.
69. Savings for certain staff
10 (1) A person appointed under section 68 who was
immediately before that appointment employed
in--
(a) the Department of Education, Employment
and Training is entitled on the expiry of his
15 or her term of office to be employed under
Part 3 of the Public Sector Management
and Employment Act 1998 on terms and
conditions no less favourable than those of
his or her employment in the public service;
20 (b) the teaching service under the Teaching
Service Act 1981 is entitled on the expiry of
his or her term of office to be employed in
the teaching service on terms and conditions
no less favourable than those of his or her
25 employment in the teaching service.
(2) For the purposes of long service leave, a person--
(a) referred to in sub-section (1)(a) is to be taken
to have continued to be an employee within
the meaning of the Public Sector
30 Management and Employment Act 1998
for the period of his or her appointment; and
(b) referred to in sub-section (1)(b) is to be
taken to have continued to be employed in
the teaching service under the Teaching
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Service Act 1981 for the period of his or her
appointment.
(3) A person who immediately before being
employed by the Institute was a contributor to or
5 member of a superannuation fund or arrangement
established by the State Superannuation Act
1988 continues, subject to that Act, to be a
contributor to or member of that fund or
arrangement for so long as he or she is employed
10 by the Institute.
(4) The terms and conditions of a superannuation
fund or arrangement to which a person continues
to contribute or of which he or she continues to be
a member by virtue of sub-section (3) apply to
15 that person, for so long as he or she is employed
by the Institute as if there had been no change of
employer.
70. Establishment of committees or bodies to act as
delegates of Council
20 (1) The Institute may from time to time, by
instrument in writing, establish a committee or
any other body to exercise any of the powers of
the Council that are delegated to its members
under this Act.
25 (2) The Institute may make any provision with respect
to the terms and conditions of appointment of the
members of the committee or body and the
procedure of the committee or body as the
Institute thinks fit.
30 (3) The Institute may appoint members to a
committee or body including any person who is
not a member of the Council.
(4) A committee or body established under sub-
section (1) may permit members to participate in a
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particular meeting, or all meetings, by telephone,
closed circuit television or other means of
communication.
(5) The members of a committee or body may
5 exercise any power or perform any function
delegated to its members by the Institute.
71. Delegation
The Council may, in writing, delegate to--
(a) a member of the Council; or
10 (b) the Registrar or any other person employed
by the Institute under section 68; or
(c) a member of a committee or body
established under section 70; or
(d) the members of the governing board of a
15 college established under section 84 or 94--
its powers under this Act, other than--
(e) the power to refuse to grant registration or
endorsement of registration or to refuse to
renew registration; or
20 (f) the power to impose or to amend, vary or
revoke conditions, limitations or restrictions
on registration or endorsement of
registration; or
(g) this power to delegate.
25 72. Accreditation Committee
(1) The Council must establish a committee to be
called the Accreditation Committee.
(2) The Accreditation Committee has the following
functions--
30 (a) to assess and approve teacher education
courses for the purposes of registration under
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74
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this Act consistently with guidelines issued
by the Institute;
(b) to advise the Council or make
recommendations to the Council about the
5 criteria for and the assessment of those
courses.
(3) The Accreditation Committee has all the powers
necessary to enable it to perform its functions.
73. Professional Practice and Conduct Committee
10 (1) The Council must establish a committee to be
called the Professional Practice and Conduct
Committee.
(2) The Professional Practice and Conduct Committee
has the following functions--
15 (a) to advise on standards of professional
conduct for teachers;
(b) to conduct informal hearings under Part 4
and to determine whether a matter needs to
be referred to a formal hearing.
20 (3) The Professional Practice and Conduct Committee
is to consist of not more than 5 persons, of
whom--
(a) one is to be the Chairperson who is to be a
member of the Council; and
25 (b) 2 are to be members of the Council.
(4) The Professional Practice and Conduct Committee
has all the powers necessary to enable it to
perform its functions.
74. Membership of committees and bodies
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Any committee or body established under
section 70 consists of--
(a) at least one member of the Council, who will
chair the committee or body;
5 (b) a majority of persons who are registered
teachers;
(c) such other persons that are appointed by the
Institute with expertise appropriate to carry
out the functions of the committee or body.
10 75. Terms of office
(1) A member of a committee, hearing panel or body
established under section 38, 70, 72 or 73 holds
office for such period as determined by the
Council.
15 (2) A member of such a committee, hearing panel or
body is eligible for re-appointment.
(3) A member is, in respect of that appointment as
member, not subject to the Public Sector
Management and Employment Act 1998.
20 76. Resignation and removal
(1) A member of a committee, hearing panel or body
established under section 38, 70, 72 or 73 may
resign the office of member by writing signed by
the member and addressed to the Institute.
25 (2) The Institute may at any time remove a member of
such a committee, hearing panel or body from
office.
(3) If a member of the committee, hearing panel or
body dies, resigns or is removed from office, the
30 Institute may appoint an acting member to fill the
vacant office.
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(4) A member appointed under sub-section (3) holds
office for the rest of the term of appointment of
the member whose place he or she fills.
77. Payment of members
5 (1) A member or acting member of a committee,
hearing panel or body established under section
38, 70, 72 or 73, other than a member who holds a
full-time government office, or a full-time office
in the public service, teaching service or with a
10 statutory authority is entitled to receive the
remuneration and fees (if any) that are fixed from
time to time by the Institute for that member.
(2) Each member or acting member of the committee,
hearing panel or body is entitled to receive the
15 personal and travelling expenses that are fixed
from time to time by the Institute.
78. Procedure of committee, panel or body
(1) The chairperson must preside at a meeting of a
committee, hearing panel or body established
20 under section 38, 70, 72 or 73 at which he or she
is present.
(2) If the chairperson is not present at a meeting the
members present may elect a member to preside at
the meeting.
25 (3) A question arising at a meeting is to be decided by
a majority of votes and the person presiding at the
meeting has a deliberative vote and a second or
casting vote.
(4) A majority of the members of the committee,
30 hearing panel or body currently holding office
constitutes a quorum.
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(5) If a member of the Professional Practice and
Conduct Committee or a hearing panel is unable
to attend a meeting of the Committee or panel that
is conducting a hearing or part of a hearing under
5 Part 4, the remaining members of that Committee
or hearing panel may continue to conduct the
hearing or that part of the hearing if a quorum of
members is present.
(6) Subject to this Act a committee, hearing panel or
10 body established under section 38, 70, 72 or 73
may regulate its own proceedings.
79. Effect of vacancy or defect
An act or decision of a committee, hearing panel
or body established under section 38, 70, 72 or 73
15 is not invalid only because--
(a) of a vacancy in its membership; or
(b) of a defect or irregularity in the appointment
of any of its members.
80. Immunity
20 (1) A member of the Council or person responsible
for keeping the register is not personally liable for
anything done or omitted to be done in good
faith--
(a) in the exercise of a power or the discharge of
25 a duty under this Act; or
(b) in the reasonable belief that the act or
omission was in the exercise of a power or
the discharge of a duty under this Act.
(2) Any liability resulting from an act or omission
30 that would but for sub-section (1), attach to a
member of the Council or the person responsible
for keeping the register, attaches instead to the
Institute.
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Division 3--Finances
81. Fees
(1) The Minister, after calling for and considering
recommendations from the Institute, may fix any
5 fee that is required or permitted to be fixed under
this Act.
(2) In the case of any fee which the Minister is
empowered to fix--
(a) the Minister must fix the fee for a period of
10 12 months and may amend or vary the fee at
the end of that period; and
(b) the Minister may fix a different fee for a
different case and may allow for the
reduction, waiver or refund, in whole or in
15 part, of any fee; and
(c) the Minister must ensure that any fee fixed
under this section is published in a
newspaper circulating generally throughout
Victoria and in the Government Gazette.
20 82. Victorian Institute of Teaching Fund
(1) The Institute must establish and maintain a Fund
to be known as the Victorian Institute of Teaching
Fund.
(2) There must be paid into the Fund--
25 (a) any investment income received by the
Institute; and
(b) the proceeds of the sale of any investment
made by the Institute; and
(c) any other money received by the Institute.
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(3) There must be paid out of the Fund any payment
that is authorised by the Institute to be made out
of the Fund for or towards the costs and expenses
of the exercise of powers or performance of
5 functions by the Institute.
(4) The Institute may invest money in the Fund--
(a) in any manner in which a trustee may invest
trust funds under the Trustee Act 1958; or
(b) in any other manner approved by the
10 Minister.
_______________
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PART 8--REGULATIONS
83. Regulations
(1) The Governor in Council may make regulations
for or with respect to--
5 (a) requirements relating to the conduct of
elections for members of the Council
including provisions for voting at those
elections, the method of voting and the
counting of the votes;
10 (b) any other matter or thing required or
permitted to be prescribed or necessary to be
prescribed to give effect to this Act.
(2) The regulations--
(a) may be of general or limited application; and
15 (b) may differ according to differences in time,
place or circumstance; and
(c) may confer a discretionary authority on the
Electoral Commissioner, a returning officer
or a specified person.
20 _______________
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PART 9--COLLEGES
84. Establishment of Colleges
(1) The Institute may by Order published in the
Government Gazette--
5 (a) establish a College for promoting particular
domains of practice within the teaching
profession; and
(b) appoint a governing board of the College to
govern the College.
10 (2) The College and the governing board of the
College have the functions and powers conferred
on them that are declared by the Order under sub-
section (1).
(3) The Order under sub-section (1) must contain a
15 charter for the College that sets out--
(a) the name of the College;
(b) the domain of practice to be recognised by
the College;
(c) the purposes and functions of the College;
20 (d) the governance and funding arrangements
for the College;
(e) any powers of the Institute under the Act
which are to be delegated to the members of
the governing board of the College;
25 (f) the reporting and operational relationship
between the College and Institute;
(g) the terms of office of the governing board of
the College.
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(4) The Institute may, after consultation with the
governing board of the College and in accordance
with the charter for the College by Order
published in the Government Gazette alter any
5 matter or thing that has been established by or
under the charter of the College.
_______________
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PART 10--CONSEQUENTIAL AMENDMENTS
85. Education Act 1958
(1) For section 37(1) and (2) of the Education Act
1958 substitute--
5 "(1) The Board must make and keep a register of
schools other than State schools and may
from time to time add to or revise the
register.".
(2) In section 37(3) of the Education Act 1958--
10 (a) paragraph (a) is repealed;
(b) in paragraph (b), omit "of teachers or";
(c) paragraph (e) is repealed;
(3) Sections 38, 39, 40 and 41A of the Education Act
1958 and Part IIIA are repealed.
15 (4) In section 43(1), for paragraphs (b) and (ba)
substitute--
"(b) any person employed as a teacher in the
school is not registered under the Victorian
Institute of Teaching Act 2001 or does not
20 have the permission of the Institute under
that Act to teach in that school; or
(ba) the school has employed as a teacher a
person whom the proprietor or head teacher
knew to be disqualified from teaching in a
25 school under section 25 of the Victorian
Institute of Teaching Act 2001; or".
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86. New section 44 substituted
For section 44 of the Education Act 1958
substitute--
"44. Unregistered schools
5 A person must not carry on or conduct a
school unless the school is registered under
this Part.
Penalty: 10 penalty units.".
87. New section 49 substituted
10 For section 49 of the Education Act 1958
substitute--
"49. Publication of register of schools
(1) The Secretary must cause a copy of the
register of schools to be published at the
15 times and in the manner that the Minister
directs.
(2) The Secretary must make a copy of the last
published copy of the register of schools
available for inspection by any person at the
20 Department's offices during normal office
hours, free of charge.".
88. Amendments to Teaching Service Act 1981
(1) In section 64AA(1) of the Teaching Service Act
1981, for paragraph (c) substitute--
25 "(c) one shall be nominated by the Minister after
calling for expressions of interest from
teachers employed in State schools.".
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(2) After section 81 of the Teaching Service Act
1981 insert--
"82. Saving for membership of Merit Protection
Board
5 Despite the amendment to section
64AA(1)(c) by the Victorian Institute of
Teaching Act 2001, the person who at the
date of commencement of section 88 of that
Act held office continues to hold office
10 subject to this Act for the period of that
person's appointment.".
89. Amendments to VCAT Act
In Schedule 1 to the Victorian Civil and
Administrative Tribunal Act 1998 after Part 21
15 insert--
"PART 22--VICTORIAN INSTITUTE OF
TEACHING ACT 2001
100. Constitution of Tribunal for teaching matters
Despite section 64(2), in a proceeding under the
20 Victorian Institute of Teaching Act 2001, the
Tribunal is to be constituted by, or to include, a
member who, in the opinion of the President, has
knowledge of, or experience in, the teaching
profession.".
25 _______________
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PART 11--TRANSITIONALS AND SAVINGS
90. First Council of the Institute
(1) Despite section 8, the first Council after the
commencement of this section is to consist of not
5 more than 19 members appointed by the Minister
for the period fixed by the Minister and subject to
the terms and conditions fixed by the Minister.
(2) The term of appointment of members of the first
Council may be fixed by the Minister having
10 regard to the time needed to conduct elections
for the members of the Council referred to in
section 8.
(3) The first Council must arrange for--
(a) the preparation of a roll of the electors for
15 the Council consisting of the persons
referred to in section 91 who are deemed to
be registered or to have permission to teach
under this Act;
(b) the conduct of elections for members of the
20 Council of the Institute who are to take
office at the end of the appointment of the
members of the first Council.
(4) The Registered Schools Board must provide the
first Council with a copy of the register of
25 teachers kept under section 37(1)(a) of the
Education Act 1958 as in force at the date of
commencement of this section.
(5) A person or body employing or engaging teachers
to teach in Victorian schools must provide, at the
30 written request of the Institute, details of teachers
employed or engaged by that person or body who
are eligible to be on the roll of electors.
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91. Existing registrations and permissions
(1) A person who was registered as a teacher under
section 37 of the Education Act 1958
immediately before the commencement of this
5 section of this Act is deemed be registered under
section 11 of this Act.
(2) A person who had the express permission of the
Registered Schools Board to teach in a school
under Part III of the Education Act 1958
10 immediately before the commencement of this
section of this Act is deemed to have permission
to teach under section 14 of this Act.
(3) A person who was, within the period of 2 years
before the commencement of this section,
15 employed or engaged as a teacher in a State
school in a fixed term or on-going position is
deemed to be registered under section 11.
(4) A person who was, within the period of 2 years
before the commencement of this section,
20 employed or engaged as a casual relief teacher in
a State school is deemed to be registered under
section 11 subject to the condition that the person
will, if required by the Institute, before the first
anniversary of the date of that deemed registration
25 or within any further period authorised by the
Institute achieve the standard of professional
practice required by section 10.
(5) If a person is deemed to be registered under this
section and the registration of that person under
30 section 37 of the Education Act 1958 included an
entry of any additional qualifications, the teacher's
registration under this Act is deemed to include an
entry of those qualifications.
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(6) Despite section 21, a person who is deemed by
this section to be registered or to have permission
to teach under this Act must pay first the annual
registration fee under that section before 30 April
5 2003.
(7) A reference in any Act (other than this Act) or a
subordinate instrument within the meaning of the
Interpretation of Legislation Act 1984 to--
(a) a teacher registered under the Education Act
10 1958 who is deemed by sub-section (1) to be
registered under this Act must, on and after
the commencement of this section, be
construed as a reference to a teacher
registered under this Act unless the context
15 otherwise requires; or
(b) a teacher who had the express permission of
the Registered Schools Board to teach in a
school who is deemed by sub-section (2) to
have permission to teach under section 14 of
20 this Act must, on and after the
commencement of this section, be construed
as a reference to a teacher who has
permission to teach under section 14 of this
Act unless the context otherwise requires.
25 92. Continuation of existing inquiries
(1) If an investigation or inquiry into the registered
teacher's competence or fitness to teach or the
professional conduct of the teacher under the
Education Act 1958 has commenced but not been
30 completed before the commencement of Part 4 of
this Act--
(a) that investigation or inquiry may be
completed on and after that date; and
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(b) any appeal or other further proceedings
which might have been taken in relation to
that investigation or inquiry under the
Education Act 1958 may be taken on and
5 after that date--
as if this Act had not been enacted.
(2) The Institute must give effect to a decision made
on an inquiry, investigation or appeal to which
sub-section (1) applies as if it were a decision
10 under this Act.
93. Application of this Act to conduct occurring before
the commencement of Part 4
(1) The Institute may perform its functions and
exercise its powers under this Act in relation to
15 the activities or conduct of a registered teacher
which occurred before the commencement of Part
4 if no hearing into that conduct or activity has
been commenced under the Education Act 1958.
(2) Sub-section (1) does not apply to activities or
20 conduct which are the subject of proceedings to
which section 92 applies.
94. First College to be established by Minister
(1) Despite section 84, the Minister by Order
published in the Government Gazette may--
25 (a) establish the first College under this Act; and
(b) appoint a Board of the College to be the
governing body of the College.
(2) The College and the Board of the College have the
functions and powers conferred on them that are
30 declared by the Order under sub-section (1).
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(3) The Order under sub-section (1) must contain a
charter for the College that sets out--
(a) the name of the College;
(b) the domain of practice to be recognised by
5 the College;
(c) the purposes and functions of the College;
(d) the governance and funding arrangements
for the College;
(e) any powers of the Institute under the Act
10 which are to be delegated to a member of the
governing Board of the College;
(f) the reporting and operational relationship
between the College and Institute;
(g) the terms of office of the governing Board of
15 the College.
(4) On the commencement of section 84--
(a) the College is deemed to be a College
established by the Institute under that
section; and
20 (b) the Institute may after--
(i) consultation with the governing body of
the College; and
(ii) the expiration of the terms of office of
the members of the governing board in
25 office immediately before the
commencement of section 84--
by Order published in the Government
Gazette alter any matters in the charter of the
College.
30
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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INDEX
Subject Section
72, 75-79
Accreditation Committee
Act
commencement 2
consequential amendments 85-89
purpose 1
savings and transitional provisions 69, 90-94
84, 94
Colleges
Competence
See Serious incompetence and misconduct
Complaints
complainants' rights in hearings, inquiries 26, 41, 48-49
definition 3
formal hearings 31, 38-42
informal hearings 31-37
inquiries 26
preliminary investigations 29-30
Conduct See Serious incompetence and misconduct
Council
See Victorian Institute of Teaching
Criminal offences See Indictable offences
9
Criminal record checks
3
Definitions
Employers
notice of actions against teachers in response to
allegations 27
employment of unregistered teachers 53
notice of Institute's decision to inquire or not 26
preliminary investigations conducted by 29-30
English language competence
as requirement for registration 10
9, 13, 18, 21, 81
Fees
Fitness to teach
as requirement for registration 9, 10, 11
formal hearings 31, 38-42
informal hearings 31-37
inquiries into 26-28
preliminary investigations 29-30
Formal hearings
conduct 41
establishment 38
findings and determinations 42, 46-48, 50
held as result of preliminary investigation 30
held into registration obtained by fraud 20
held without preliminary investigation 31
notice of 38, 40
notice of panel's determinations 48
panel 38-39, 75-79
panel's powers to obtain evidence 45
procedure 44
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Subject Section
proceedings open or closed to public 41
protection of identities 41, 49
referral of matters to 34-37
review of determinations 52
80
Immunity
Incompetence
See Serious incompetence and misconduct
Indictable offences
convictions, commitments, findings of guilt
as grounds for refusing registration 11
findings by panel about 42
information for registration purposes 9, 18, 54
inquiries into 28
teacher's duty to notify Institute of 54
Informal hearings
conduct 35
establishment 32
findings and determinations 36, 47, 50
held as result of preliminary investigation 30
held without preliminary investigation 31
membership of Committee 33, 73
notice of 32, 34
procedure 44
referral of matters to formal hearing from 34-37
Inquiries
into criminal conduct 28
into incompetence, misconduct, fitness to teach 26-27
into teachers no longer registered 43
no inquiry required 25
transitional provisions 92-93
See also Formal hearings; Informal hearings;
Investigations
Institute See Victorian Institute of Teaching
Investigations
no preliminary investigation required 31
preliminary investigations 29-30
57
Legal proceedings
9
Medical examinations
Minister
advice and consultation with Institute 7
powers regarding
fees 81
first college 94
first Council 90
membership of Council 8
Victorian Institute of Teaching Fund 82
Misconduct
See Serious incompetence and misconduct
49, 53-57
Offences
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Subject Section
Permission to teach
See Registration and permission to teach
Professional practice
as requirement for registration 10, 12, 18
Professional Practice and Conduct Committee
establishment and functions 73
informal hearings conducted by 32-37
members' terms and conditions 75-77
procedure 44, 78
validity of decisions 79
9
Psychiatric examinations
10, 20, 22
Qualifications
18, 22-23, 50
Register of Teachers
Registration and permission to teach
applications 9
cancellation 20, 25, 42, 47-48,
50, 56
certificates 24, 50, 56
competence in English as requirement 10
conditions, limitations, restrictions 12, 14-16, 42, 48
definition 3
duration 17
expiry 18
fees 9, 13, 18, 21, 81
granting of 11, 14, 16
information regarding indictable, sexual offences 9, 18, 54
notification of outcome of application 16
obtained by fraud, false representation 20, 42, 55
permission to teach 13-14
professional practice as requirement 10, 12, 18
provisional registration 12
qualifications 9, 10, 20
refusal to grant or renew 11, 15, 16, 18
Register 18, 22-23, 50
renewal 17-18
review of decisions 52
revocation of suspension 21, 51, 56
submissions by applicants 15
suspension 19, 21, 42, 48, 56
teachers without registration, permission to teach 53
transitional provisions 91
83
Regulations
52
Review
3
School (def.)
Serious incompetence and misconduct
formal hearings 31, 38-42
informal hearings 31-37
inquiries into 26-27
non-compliance with determinations 50
preliminary investigations 29-30
Sexual offences
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Subject Section
convictions, commitments, guilty findings
as grounds for cancellation of registration 25
as grounds for refusing registration 11
information for registration purposes 9, 18, 54
teacher's duty to inform Institute 54
definition 3
Teachers
definition 3
disqualification from teaching 25
false representation as registered teachers 55
non-compliance with determinations 50
without registration, permission to teach 53
90-94
Transitional provisions
52
Victorian Civil and Administrative Tribunal
Victorian Institute of Teaching
chief executive officer 68
Council
Accreditation Committee 72, 75-79
acting members 62
approved methods of communication 66
chairperson 8, 33, 39, 62-63
constitution 8
delegation 71
first council 90
functions and powers 8
immunity 80
members 8, 58-62, 64
procedure of meetings 63
Professional Practice and Conduct Committee
73, 75-79
resolutions without meetings 65
roll of electors 59
validity of decisions 67
establishment 4
functions 5
Fund 82
Ministerial advice 7
powers 6
powers and duties regarding
Colleges 84, 94
committees 70, 74-79
enforcement of determinations 50
notice of determinations, cancellations 47-48
Register 23
Registrar 59, 68, 80
staff 68-69
See also Registration; Inquiries
82
Victorian Institute of Teaching Fund
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