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Education and Training Reform
Amendment Bill 2008
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 states the main purposes of the Bill, which are to amend the
Education and Training Reform Act 2006 to provide students
to be allocated with Victorian student numbers, to provide for the
establishment and maintenance of a Student Register, to make
changes to the functions of the Victorian Curriculum and
Assessment Authority (VCAA) relating to early childhood and
the testing of students, to provide for the chief executive officer
of the VCAA to issue a reprimand in relation to minor breaches
of examination rules and to make other amendments to improve
the operation of that Act.
Clause 2 Subclause (1) provides that clauses 1, 2, 3 and 13 to 18 of the Bill
come into operation on the day after the day that the Bill receives
the Royal Assent.
Subclause (2) provides that, subject to subclause (3), the
remaining provisions of the Bill come into operation on a day or
days to be proclaimed.
Subclause (3) provides that if a provision of the Bill has not come
into operation before 1 January 2009 it comes into operation on
1 January 2009.
Clause 3 states that in the Bill the Education and Training Reform Act
2006 is called the Principal Act.
Clause 4 inserts the definitions of early childhood, Student Register and
Victorian student number into section 1.1.3 of the Principal Act.
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Clause 5 amends section 2.5.3(2) of the Principal Act, which currently sets
out the functions of the VCAA. It is being amended to provide
the VCAA with power to develop policies, criteria and standards
that relate to early childhood learning and development, to
conduct national testing assessments for Victorian students, to
arrange for external persons or agencies to administer
assessments relating to early childhood learning and
development, to provide for information on early childhood
learning and development to be made available to the public and
to report on assessments conducted against national standards
that relate to early childhood learning and development.
New section 2.5.3(6) qualifies section 2.5.3(2)(p) to ensure that
information made available to the general public under section
2.5.3(2)(p) does not include any personal information relating to
a student or child, such as results of schooling.
Clause 6 amends section 2.5.13 of the Principal Act to provide the chief
executive officer of the VCAA with the option of issuing a
written reprimand in relation to minor breaches of examination
rules. Currently the section only makes provision for a matter
investigated under section 2.5.12 to be referred to a review
committee hearing.
This clause also inserts new section 2.5.13(1A) which requires
the chief executive officer of the VCAA to provide written
reasons for issuing a reprimand to a student under section
2.5.13(1)(a). This provision has been included to ensure that
there is an avenue of review should the student wish to challenge
the decision.
Clause 7 inserts a new section 2.5.21A into the Principal Act to allow a
student issued with a written reprimand under section
2.5.13(1)(a) to apply for a review of the decision on the grounds
that the decision of the chief executive officer of the VCAA was
unreasonable or too harsh. The decision is reviewed by a
nominated member of an appeals committee. This avenue of
appeal from the chief executive officer's decision balances the
need to afford procedural fairness to students against the fact that
minor breaches of examination rules would not ordinarily have
gone to a review committee hearing.
Clause 8 inserts new sections 2.5.23(7) and 2.5.23(8) into the Principal
Act. Under these provisions the Minister nominates one member
of an appeals committee as the person to whom an appeal may be
made under new section 2.5.21A and ensures that a nominated
member is in place at all times.
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Clause 9 substitutes section 4.2.2(1)(o) of the Principal Act to state that the
Victorian Registration and Qualifications Authority (VRQA) is
able to perform any additional function conferred on or delegated
to it. This further clarifies the VRQA's powers and its ability to
have functions delegated to it as a statutory authority.
Clause 10 amends section 5.3.3(1) of the Principal Act to clarify that the
Secretary's powers of delegation include the power to delegate to
a statutory authority established or continued under that Act.
Clause 11 inserts a new Part 5.3A into the Principal Act to make provision
for the allocation of Victorian student numbers to all students
below the age of 25 being educated with a Victorian education or
training provider registered with the VRQA (except universities)
and to create a Student Register as a central repository for
Victorian student numbers and information relating to students
allocated with those numbers. The Secretary will be responsible
for administering the allocation of Victorian student numbers, the
collection of information relating to students and the monitoring
and maintenance of the Victorian Student Register.
New section 5.3A.1 defines the terms authorised user, disclose,
education or training provider, related information and student.
New section 5.3A.2 specifies that the new Part 5.3A applies to
students of less than 25 years of age.
New section 5.3A.3 requires that education or training providers
(as defined in section 5.3A.1) at the time of enrolling a student,
and the VRQA (referred to as the Authority in this new Part) at
the time of registering a student for home schooling, must apply
to the Secretary to allocate a Victorian student number or, if one
is already allocated, verify that number.
In new section 5.3A.4, paragraph (a) refers to the information
that must be provided to the Secretary, much of which is set out
in section 5.3A.7.
Paragraph (b) of section 5.3A.4 requires that the education or
training provider or the Authority (whichever is relevant) must
notify the Secretary of any changes to information provided
under this section as soon as possible after the change.
This provision is designed to ensure the accuracy of information
on the Student Register and to better monitor student movement.
New section 5.3A.5 requires that, on receiving an application
from an education or training provider or from the Authority, the
Secretary must allocate a Victorian student number to a student
who has not previously been allocated such a number and verify
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the Victorian student number of students to whom one has
previously been allocated.
New section 5.3A.6 requires that the Secretary must notify the
relevant body, whether it be an education or training provider or
the Authority, of the allocated Victorian student number.
New section 5.3A.7 requires that the Secretary must establish and
maintain a Student Register containing specific information
relating to students who have been allocated a Victorian student
number. The specified student information is minimal and
limited in scope to ensure that sufficient identifiers are available
to track student cohorts whilst making the fewest possible
incursions on student privacy.
New section 5.3A.8 requires the Secretary to correct any
information on the Student Register once informed that it is
incorrect. This will ensure the integrity of personal student
information on the Student Register for the purposes of privacy
and research.
New section 5.3A.9 allows the Secretary to authorise specific
persons and bodies to access, use or disclose a Victorian student
number and related information for a limited number of
educational or training purposes. This provision is based on
section 344 of the Education Act 1989 of New Zealand and is
drafted to clearly define and limit the users and uses of the
Victorian student numbers and related information.
New section 5.3A.10 creates an offence for unauthorised use of
the Victorian student number and related information by the
authorised users specified in section 5.3A.9, other than statutory
authorities. Statutory authorities whilst not subject to the offence
are subject to the duty of not using such a number or information
unless in accordance with their authorisation.
New sections 5.3A.11 and 5.3A.12 enable a student or a student's
parent or guardian to apply to the Secretary for a copy of
information recorded on the Student Register. The Secretary is
required to comply with the request, provided the application is
in the approved form and accompanied by the evidence required
by subsection 5.3A.11(2), unless a court or tribunal order
prevents or restricts access to the relevant student by the
applicant. This may occur in instances where Family Court
orders are in place restricting contact between a parent and a
child.
New section 5.3A.13 allows a student who has been allocated a
Victorian student number to use or disclose that number for any
lawful purpose. This provision is consistent with section 345 of
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the Education Act 1989 of New Zealand and rests on the
proposition that students should not generally be penalised for
using their Victorian student number.
New section 5.3A.14 prohibits the Secretary from using a
student's Victorian student number or related information or from
disclosing any such number or information to any person or
body, except as set out in that section.
New section 5.3A.15 imposes a penalty for any person who
wilfully makes a false or misleading statement or provides false
or misleading information in relation to the allocation of a
Victorian student number or registration on, or access to, the
Student Register. This section mirrors, in part, section 4.9.3 of
the Principal Act, which penalises false representation relating to
registration on the State Register.
New Division 4 of new Part 5.3A contains 4 new implementation
provisions relating to the allocation of Victorian student numbers.
The first 3 provisions relate to students who were enrolled with
education or training providers or registered for home schooling
immediately before the commencement date of clause 11 of the
Bill and who continue to be so enrolled or registered.
New section 5.3A.16 defines the term commencement date in
this Division.
New section 5.3A.17 requires the Secretary to allocate Victorian
student numbers to students who were enrolled with education or
training providers or registered for home schooling immediately
before the commencement date and who continue to be so
enrolled or registered and to notify the relevant education or
training provider or the Authority of the number allocated.
New section 5.3A.18 enables the Secretary to request that an
education or training provider or the Authority provide specific
information relating to any student enrolled with that provider or
registered for home schooling immediately before the
commencement date and who continue to be so enrolled or
registered. It also specifies that the relevant provider or
Authority must comply with the request as soon as is practicable.
New section 5.3A.19 provides that, despite section 5.3A.3,
certain specified classes of education or training provider do not
have to seek the allocation of Victorian student numbers for
newly enrolled students until a day appointed by the Minister--
that day being no later than 31 December 2010. This provision
allows for a staggered "roll-out" of the Victorian student number
scheme in relation to various classes of education or training
providers.
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Clause 12 amends Schedule 5 of the Principal Act by inserting a regulation-
making power for procedures and requirements in relation to the
allocation of Victorian student numbers to students. The scope of
the regulation-making power has been minimised with the
majority of functions and requirements relating to the Victorian
student number and Student Register being placed in the body of
the Bill. This will ensure that any amendment to a significant
element of the Victorian student number or Student Register
scheme such as use of Student Register information or persons or
bodies who may be authorised users or classes of authorised user
will be subject to full Parliamentary scrutiny and debate.
Clause 13 repeals sections 6.1.1 and 6.1.2 of, and Schedule 7 to, the
Principal Act. These provisions are now redundant and no rights
are affected by these repeals.
Clause 14 makes a number of amendments to Part 4.5A of the Principal Act
to renumber the sections in that Part so that they conform with
the numbering style used in that Act. An amendment is also
made to section 5.8.3(3)(l) of the Principal Act to change a cross-
reference to one of the numbers in Part 4.5A that has been
changed.
Clause 15 inserts a new transitional provision, section 6.1.8, in the Principal
Act relating to overseas exchange students. This provision is
consequential to the re-numbering of Part 4.5A under clause 14.
Clause 16 makes a minor amendment to section 25(4)(d) of the Swinburne
University of Technology Act 1992 to remove a word
duplicated in error.
Clause 17 makes a minor amendment to section 25(4)(d) of the Victoria
University of Technology Act 1990 to remove a word
duplicated in error.
Clause 18 amends section 30(1) of the Working with Children Act 2005
to substitute a reference to an Act that has been repealed with a
reference to the Education and Training Reform Act 2006.
Clause 19 provides for the automatic repeal of this Amending Act on
1 January 2010. The repeal of this Act does not affect in any
way the operation of the amendments made by this Act (see
section 15(1) of the Interpretation of Legislation Act 1984).
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