EDUCATION AND TRAINING REFORM AMENDMENT (MISCELLANEOUS) BILL 2014 Explanatory Memoranda

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EDUCATION AND TRAINING REFORM AMENDMENT (MISCELLANEOUS) BILL 2014

Education and Training Reform Amendment (Miscellaneous) Bill 2014 Introduction Print EXPLANATORY MEMORANDUM General Overview The Education and Training Reform Amendment (Miscellaneous) Bill 2014 amends the Education and Training Reform Act 2006 (the Principal Act) to enhance the Victorian Registration and Qualifications Authority's (VRQA) regulatory powers with respect to schools. The Bill will be a vehicle for the implementation of the Government's response to Recommendations 12.1 and 16.1 of the report of the Family and Community Development Committee of the Parliament (FCD Committee), Betrayal of Trust: Inquiry into the Handling of Child Abuse by Religious and other Non-Government Organisations (Betrayal of Trust Report). The Bill further clarifies powers of School Councils to remove "red tape" burdens which undesirably restrict school operations and implements simplified governance arrangements for Adult, Community and Further Education (ACFE) Regional Councils. Lastly, the Bill affects a number of technical statute law revision amendments to rectify incorrect references to provisions and typographical errors. Background VRQA powers The VRQA is the statutory body responsible for the registration of schools. The Principal Act provides that the VRQA must not register a school unless the school complies with the prescribed minimum standards for registration which include standards relating to governance of the school and processes for the review and evaluation of school performance, etc. 571453 1 BILL LA INTRODUCTION 20/8/2014

Following the high-profile closure of several independent schools in the last two to three years, there have been concerns with respect to the VRQA's abilities to monitor the financial viability of non-Government schools. The Bill will strengthen school regulation by enhancing the VRQA's powers to protect the interests of students as consumers. Government's Response to the Betrayal of Trust Report The FCD's Betrayal of Trust Report put forward a number of recommendations to which the Government has committed to respond "as quickly as possible". Recommendation 16.1 of the Betrayal of Trust Report advised the Government to review procedures for responding to allegations of criminal child abuse within Victorian schools and identify a benchmark to apply to non-Government schools. Recommendation 12.1 of the Report proposed that Government implement minimum standards for maintaining "child safe environments" for all organisations with direct and regular contact with children. The Bill will implement the Government's response to these recommendations by requiring schools to satisfy the VRQA, before registration that they have developed policies in accordance with a Ministerial Order for managing risks associated with child abuse including policies implementing minimum standards for child safe environments and for responding to allegations of child abuse. School council powers Currently, government school councils are restricted from performing certain functions which limit the efficiency and effectiveness of governance arrangements. The Bill will lift a number of current prohibitions against school councils to make schools more autonomous and allow greater flexibility in school operations. ACFE Regional Councils Current provisions of the Principal Act are overly prescriptive with respect to the composition of Regional Councils and requirements for meetings. The Bill will introduce amendments to provide Regional Councils greater autonomy and flexibility. 2

Minor and technical amendments A number of statute law revisions will be made by the Bill (for example to rectify typographical errors). There will also be a consistent amendment to each of the eight university Acts with respect to the appointment of university council members. Summary of the main amendments and their effect First, the Bill will give the VRQA broadened powers to-- · conduct periodic financial health assessments and take action to protect the interests of students attending at risk schools; · undertake targeted reviews where concerns arise about a school's compliance with one or more specific prescribed minimum standards for registration and take rapid action to respond to breaches; · seek enforceable undertakings from poorly performing schools and impose conditions on their registration; · expedite the process for suspending or cancelling the registration of a defunct school or where the school's proprietor has become bankrupt or insolvent; · share information with other Victorian, interstate and Commonwealth government agencies or regulatory and law enforcement bodies. The Bill will implement the Government's response to Recommendations 12.1 and 16.1 of the Betrayal of Trust Report by requiring schools to satisfy the VRQA that they have developed policies in accordance with a Ministerial Order for managing risks associated with child abuse, including policies implementing minimum standards for child safe environments and responding to allegations of child abuse. The Bill will further remove restrictions currently imposed on school councils and provide them with the ability to enter into licensing agreements for school land (for example, for a uniform shop). The Bill will also implement more flexible governance arrangements for ACFE Regional Councils by-- · revising the size of each Regional Council and allowing each Council to determine what is appropriate for its circumstances; · broadening the skill mix available on a Regional Council; and 3

· providing Regional Councils with the autonomy to manage how and when they meet. The Bill will apply a single amendment to all eight university Acts in relation to terms and conditions of office of university Council members. The amendment removes the following requirements-- · all terms of office must expire on 31 December of any given year; and · all Councils, regardless of size must have at least one-third of members falling vacant each year. Lastly, the Bill will make a number of minor statute law revision amendments to rectify typographical errors and clarify mechanical provisions in the Principal Act. The Bill will also amend section 79 of the Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014 in relation to the offence of false representation. More detail on these amendments is provided in the clause notes. Clause Notes PART 1--PRELIMINARY Clause 1 sets out the main purposes of the Bill, namely to amend the Education and Training Reform Act 2006 (the Principal Act) to further strengthen the regulation of schools by enhancing the functions and powers of the Victorian Registration and Qualifications Authority. The Bill also makes a number of minor amendments with respect to apprenticeship and teacher registration as well as some technical statute law revision amendments. Further amendments are made to various university Acts in relation to university governance. Clause 2 provides for the commencement of the Act. The following parts and sections of the Bill will commence on the day after the day on which the Bill receives the Royal Assent-- · Part 1, which deals with preliminary matters; · Part 4, which amends the Education and Training Reform Amendment (Registration of Early 4

Childhood Teachers and Victorian Institute of Teaching) Act 2014 and makes statute law revision amendments to the Working with Children Act 2005 and the Workplace Injury Rehabilitation and Compensation Act 2013; and · sections 6, 29, 34 and 36. The remainder of the Bill will come into operation on a day or days to be proclaimed, with a forced commencement date of 1 September 2015. Clause 3 provides that the Education and Training Reform Act 2006 will be referred to as the Principal Act in Part 2 of the Bill. PART 2--AMENDMENT OF THE EDUCATION AND TRAINING REFORM ACT 2006 Clause 4 amends section 1.1.3(1) of the Principal Act, which sets out definitions of terms in that Act. This clause introduces four new definitions. Firstly, municipal council has been defined to have the same meaning as Council has in section 3(1) of the Local Government Act 1989. Municipal council appears in the Principal Act multiple times but has so far been undefined. Secondly, parents' club has been defined to mean an association, by whatever name called, of parents of a Government school, whether or not the association also includes teachers and friends of the school. At present, a parents' club is defined in the Education and Training Reform Regulations 2007 but not in the Principal Act. Thirdly, public sector body is defined to have the same meaning as it has in section 4(1) of the Public Administration Act 2004. The Bill will enable the VRQA to disclose information to a prescribed person or body which includes a public sector body. Public sector body has not previously been defined in the Principal Act. Lastly, child abuse is defined as including any act committed against a person under the age of 18 years involving a sexual offence or the grooming offence in section 49B(2) of the Crimes Act 1958, physical violence, serious emotional or psychological harm or exploitation but is not intended to capture conduct that is 5

reasonable for the purposes of discipline, management or care of a person under the age of 18 years or participation in reasonable family or community labour. The definition also includes serious neglect of a person under the age of 18 years. The proposed definition is inclusive, and is not intended to be exhaustive. Child abuse to date has not been defined comprehensively in Victorian law and the term has escaped precise definition in other forums. The Betrayal of Trust Report adopted the term "criminal child abuse", which referred to offences such as sexual abuse or indecent assault under the Crimes Act 1958. However, it would be undesirable to use the terminology "criminal" child abuse as this would not cover conduct which involves the abuse of children and is unacceptable, but which may not be unlawful. Therefore, the definition used in the Bill has included a broader range of behaviours which are considered "child abuse" according to community standards, such as serious psychological and emotional abuse, as well as exploitation. At the same time, the scope of the definition is not intended to be so wide as to make it administratively unworkable or inadvertently capture conduct that is not reasonably considered to be "child abuse"--for example, the reasonable discipline, management or care of a child in the context of the classroom or family. Clause 5 amends section 2.3.2(6)(a) of the Principal Act to clarify that the Minister may, by Order, dissolve a school council and any parents' club of a school in relation to which the council is constituted. Currently, the Education and Training Reform Regulations 2007 provides that a parents' club can only be dissolved with the consent of the members. This can cause difficulties, in particular where schools merge and the existing parents' clubs resist amalgamating due to concerns about control of the new entity. This issue has been historically addressed in departmental policy but has had no legislative basis. The purpose of the amendment is to enable the Minister to make an Order to dissolve a parents' club at the same time as the school council is dissolved where that school is closing or merging with another school. 6

Subclause (2) substitutes section 2.3.2(7) of the Principal Act to provide that an Order dissolving a school council or a parents' club may make provision for any matter of ancillary, transitional or savings nature, including the rights, obligations and assignment of any property or other assets of that school council or parents' club. Clause 6 inserts a new section 2.3.6(1)(ca) into the Principal Act to provide a new power to school councils which enables them to grant a licence over school land in accordance with any Ministerial Order or Ministerial guidelines. Clause 6 also substitutes section 2.3.6(3)(c)(i) of the Principal Act to lift the restriction on school councils to grant a licence over school land. A school council is still prohibited from granting any other property rights in school land or buildings. This amendment will allow greater flexibility in school operations; for example, by granting a licence for a school canteen or uniform shop on school grounds. It is intended that this power will be safeguarded against misuse by allowing the Minister to issue an Order or guidelines to put in place business practices to monitor such activity and mitigate associated risks. Clause 7 amends section 2.4.51(1) of the Principal Act by omitting the words "or executive". The Merit Protection Board is empowered to hear reviews and appeals in relation to decisions made with respect to on-going employees, including in the teaching service. Section 2.4.51(1) currently provides that an on-going employee, other than a school principal or a person in an executive position may apply for a review by the Merit Protection Board. Review of appointment of principal is currently addressed separately in section 2.4.54 of the Principal Act, which refers back to the Merit Protection Board as the review body. However, there is no separate provision covering reviews of an executive position. As such, persons in executive positions are the only class of on-going employees who have no avenue for an internal review. 7

The amendment will enable the Merit Protection Board to review decisions in relation to an executive class position for on-going employees. Clause 8 inserts a new section 2.6.26AB into the Principal Act which imposes a requirement on registered teachers to notify the Victorian Institute of Teaching (VIT) in writing within 30 days of commencing or ceasing employment at a school. Teachers are not currently required to notify VIT if their employer changes. However, a number of sections of the Principal Act require VIT to notify the employer of a registered teacher of certain information: for example, section 2.6.30 (Notice of inquiry) and section 2.6.51 (Notification of determination by formal hearing panel). Where the registered teacher is employed in the non-Government school sector, it can be difficult to identify the teacher's current employer for the purpose of complying with these notification provisions. The provision will require teachers to keep up to date their current employment status and information with VIT. Clause 9 inserts a new section 2.6.26C into the Principal Act which imposes a requirement on registered early childhood teachers to notify VIT in writing within 30 days of commencing or ceasing employment at an early childhood service. The Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014 will introduce the requirement that early childhood teachers must be registered with VIT. Notification requirements with respect to registered teachers will apply equally to registered early childhood teachers. In order to comply with these notification provisions, VIT must be able to identify the early childhood teacher's current employer. The provision will require early childhood teachers to keep up to date their current employment status and information with VIT. Clause 10 inserts a new section 2.6.26D into the Principal Act which enables the Secretary to the Department of Education and Early Childhood Development (DEECD) to disclose to VIT information the Secretary has obtained arising from an application to seek-- 8

· exemption by an early childhood service from funding requirements to have a registered early childhood teacher; and · temporary approval to be employed as an early childhood teacher. The Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014 will provide that the Secretary of DEECD may perform these two regulatory functions but did not include a provision allowing information sharing to occur with VIT. Given VIT will be the registration body for early childhood teachers, it would hamper its functions not to have access to information that the Secretary of DEECD may have arising from applications for temporary approval for a person to be employed as an early childhood teacher. Clause 11 inserts a new section 3.1.12D into the Principal Act which requires a TAFE institute to establish and keep books and accounts of all money received and paid by the TAFE institute in a form and manner approved by the Auditor-General. The TAFE institute must also arrange for a continuous audit of income and expenditure at an interval not exceeding one month that the Minister directs. The Education Legislation Amendment (Governance) Act 2012 previously amended the Principal Act to provide that the legislative head of power lies with the TAFE institute as body corporate, rather than the board of the TAFE institute. However, a number of provisions in the Principal Act still refer to the TAFE institute board as the responsible entity for particular functions and accountabilities. In particular, section 3.1.15(3) and (4) imposes a requirement for the TAFE institute board to establish and keep books and accounts for all money received and paid as well as for those books and accounts to be audited. This could be interpreted as money received and paid by the board members, rather than by the TAFE institute, as originally intended. The amendment is intended to eliminate this confusion by explicitly requiring a TAFE institute to carry out the obligations associated with keeping books and accounts. 9

Clause 12 repeals section 3.1.15(3) and (4) of the Principal Act. As explained in the note for clause 11, this amendment is required to remove the confusion that the board of a TAFE institute must meet the requirement to establish and keep books and accounts for all money received and paid as well as for those books and accounts to be audited. As a result of amendments introduced by the Education Legislation Amendment (Governance) Act 2012 such obligations lie with the TAFE institute and therefore section 3.1.15(3) and (4) have become redundant. Clause 13 inserts a new section 3.1.18A(3A) into the Principal Act to require the board of a TAFE institute to amend and resubmit a strategic plan to the Minister for acceptance if the Minister previously refused to accept a plan. Section 3.1.18A currently requires the board of a TAFE institute to prepare and submit to the Minister for acceptance a strategic plan for the operation of the institute. Further, the Minister may accept a strategic plan with or without amendments; or refuse to accept a strategic plan. However, there is no express provision which requires a strategic plan to be resubmitted. The amendment addresses this gap by requiring that the board of a TAFE institute must resubmit an amended strategic plan at the time determined by the Minister if the strategic plan has been previously refused. Clause 14 amends section 3.1.24(2) of the Principal Act to provide that the Minister has 14 days, instead of the current 10 days, to object to the proposed appointment of a chief executive officer of a TAFE institute. This amendment provides more time for the Minister to properly consider the proposed appointment and make a decision on the matter. Clause 15 amends section 3.3.21 of the Principal Act to remove the prescription that an ACFE Regional Council must consist of 9 members and instead allow the Council to have 5 or more members. The amendment will provide more flexibility to the Minister and Regional Councils to determine the appropriate size of each Regional Council. 10

The clause also inserts a new subsection (3)(d) to provide that members of the Council should have knowledge and experience of issues affecting local industry and the broader local community in the region. Section 3.3.21(3) currently provides that members of a Regional Council should have knowledge, skills and experience of the adult community education sector and governance responsibilities as well as reflect the demographic diversity of the community in the region. The amendment intends to broaden the skill mix on Regional Councils to include leaders from local industry and the broader community in that region. Clause 16 repeals section 3.3.23(1) of the Principal Act which provides requirements for meetings of ACFE Regional Councils. Section 3.3.23(1) requires that ACFE Regional Councils must meet at least 6 times in any year. Given the advisory and voluntary nature of these Regional Councils, the level of prescription regarding meeting requirements is unnecessary. Clause 17 amends section 4.2.2(1) of the Principal Act to provide additional functions to the VRQA-- · to assess and reassess from time to time the financial capability of registered non-Government schools; and · to protect the interests of students as consumers of educational and training services delivered in schools. The VRQA already has these functions with respect to providers of vocational education and training (VET). The amendment will broaden existing subsections (fb) and (na) to capture schools in relation to those functions as well. Clause 18 inserts new sections 4.3.1(6)(d) and 4.3.1(6A) and (6B) into the Principal Act to add two new requirements for school registration. New section 4.3.1(6)(d) imposes a requirement for a school to develop policies in accordance with a Ministerial Order for managing risks associated with child abuse including policies implementing minimum standards for child safe environments and responding to allegations of child abuse. This additional requirement is intended to implement the Government's response to Recommendations 12.1 and 16.1 of the Betrayal of Trust Report. 11

It is intended that schools will have in place policies implementing minimum standards for maintaining a child safe environment in order to promote the adoption of preventive measures to minimise the risk of child abuse in the school context. Furthermore, schools must have in place policies for responding to allegations of child abuse that are disclosed or otherwise reported to the school, including where abuse occurs outside school context, such as abuse occurring at home or in the community. It is expected that the policies would address-- · incidents which take place or are disclosed in the school context; · investigation of allegations against employees that involve or give rise to the risk of child abuse, including allegations of conduct occurring outside the school context and not involving students of the school, for example sexual offences committed in the employee's family or the wider community. This requirement would not interfere with existing obligations to report allegations of abuse to Victoria Police or the Department of Human Services; · abuse of a student by someone associated with the school, such as another student of the school or an employee, contractor or volunteer whether or not the abuse occurs at school or otherwise in the school context. The amendment provides that the VRQA must be satisfied that schools have developed such policies before registering a school. The prescribed content of the policies will be set out in a Ministerial Order. This will ensure that policies are consistent and comply with benchmark standards. Subclause (3) inserts new section 4.3.1(6A) in the Principal Act which empowers the VRQA to impose reasonable conditions on a school's registration to take effect for the whole or any part of the period of registration. At present, the VRQA, in accordance with section 4.3.4, may only impose conditions on a school's registration after a review and evaluation of the operations of the school is completed. The new section will enable the VRQA to impose a condition on 12

school registration in other circumstances, such as where the school has been assessed as being in financial difficulties under the new section 4.3.1A. Please refer to clause 19 for more information. Subclause (3) also inserts new section 4.3.1(6B) in the Principal Act which requires a non-Government school to comply, as a condition of registration, with any requirement of the VRQA for the purpose of monitoring or assessing the school's financial capabilities in accordance with new section s.4.3.1A inserted by clause 19. A note has also been added to explain that the VRQA may impose a condition on the registration of a non-Government school if the school is assessed by the VRQA to be financially unviable. This could include the school having to establish a protection scheme for school fees. Lastly, subclause (4) makes a consequential amendment to section 4.3.1(8) of the Principal Act to revise a reference to provisions to reflect the insertion of new section 4.3.1(6)(d). Clause 19 inserts a new section 4.3.1A into the Principal Act to enable the VRQA to assess the financial capability of registered non-Government schools and to report to parents of students at the school and impose a registration condition with respect to establishing a protection scheme for student fees. The regulation of the financial viability of non-Government schools has received significant public attention following a number of high profile closures of non-Government schools in Victoria. Each of the schools closed as a result of unsustainable debt levels. Apart from severe disruption to a student's studies, the parents of students were unable to recover fees paid in advance when the school became insolvent. New section 4.3.1A(1) provides the VRQA with the necessary regulatory tools to monitor and assess the financial capabilities of registered non-Government schools. The amendment targets non-Government schools rather than all schools as Government schools have to comply with more rigorous reporting and governance requirements imposed by DEECD. 13

New section 4.3.1A(2) requires that any assessment conducted must be in accordance with the regulations and the guidelines issued under a new section 4.3.8A inserted by clause 25. Please refer to note to clause 25 for more information. Where a school has been assessed to be not financially viable or if an assessment raises serious concerns about the school's financial viability, subsection (3) enables the VRQA to report to parents of students at the school about the outcome of the assessment. Further, the VRQA may, in accordance with any Ministerial Order, impose a condition of registration on the school to establish a protection scheme for student fees that have been paid or are to be paid to the school. New section 4.3.1A(4) defines fee to include tuition fee, a fee for a student activity within or outside school premises under the school's supervision and any refundable money paid to the school in connection with the tuition of the student. Clause 20 amends section 4.3.2 of the Principal Act to enable the VRQA to satisfy itself about a school's compliance with one or more or all of the prescribed minimum standards for registration on the basis of-- · a review and evaluation conducted by the VRQA; or · a report from a person or body approved by the VRQA to conduct a review and evaluation; or · a report from a non-Government school or, in the case of a Government school, the Secretary of DEECD. At present, section 4.3.2 provides that the VRQA may satisfy itself if a school complies with the prescribed minimum standards for registration, which undesirably is interpreted to mean all of the standards. Clause 21 amends section 4.3.3 of the Principal Act to enable the VRQA to conduct a specific review and evaluation of a school's operations. Subclause (1) amends the current section 4.3.3(1) to clarify that any review and evaluation of a registered school must be conducted in accordance with this section. Subclause (2) amends the current section 4.3.3(2) to distinguish a general review from a specific review. 14

The purpose of this amendment is to provide a distinction between a general review which checks a school's compliance against all of the prescribed minimum standards and a specific review which is provided for in new section 4.3.3(2A). Subclause (3) inserts a new section 4.3.3(2A) in the Principal Act which enables the VRQA to undertake a specific review and evaluation with respect to one or more prescribed minimum standards if the VRQA on reasonable grounds believes that-- · there are safety concerns which require urgent action by the school; or · a non-Government school is becoming financially unviable; or · other exceptional circumstances justify a specific review and evaluation. Subclause (3) also inserts new section 4.3.3(2B) into the Principal Act to clarify that exceptional circumstances include but are not limited to a serious non-compliance or repeated non-compliance with a prescribed minimum standard for registration. At present, section 4.3.3 allows the VRQA to review a school's compliance with all of the prescribed minimum standards of registration, which can be time-consuming and unnecessary if a particular non-compliance must be rectified immediately (for example, if a health or safety issue has been identified). This amendment will enable the VRQA to more efficiently conduct a targeted review and evaluation of a school and take action more quickly if necessary. The amendment does not prevent the VRQA from conducting a review and evaluation with respect to multiple or all of the prescribed minimum standards for registration. Subsection (4) amends section 4.3.3(3) of the Principal Act to clarify that the VRQA may by notice in writing require a school that is subject to a review and evaluation to provide information and records about the management and operation of that school. There is also a consequential amendment to clarify that the prescribed minimum standards for registration can be one or more of those standards. 15

Clause 22 substitutes new sections 4.3.3A to 4.3.3E for current section 4.3.3(4) to (7) of the Principal Act. A new section 4.3.3A will enable the VRQA to seek and accept a written undertaking by the proprietor or principal of a registered school that is the subject of a general or specific review and evaluation. The undertaking may be withdrawn or varied so long as consent from the VRQA has been obtained. The undertaking may be in connection with any matter that the VRQA has a power or function in relation to under the Principal Act, or in relation to non-compliance with a prescribed minimum standard for registration. Furthermore, for the avoidance of doubt, a written undertaking may involve the establishing of a trust fund for students fees and the circumstances in which those funds may be withdrawn. The new section further provides that an undertaking or a court order made with respect to an undertaking may not be inconsistent with the Principal Act. The purpose of this new section is to provide an alternative option where the VRQA can utilise such undertakings as a more efficient but less harsh tool to ensure schools commit to and carry out make-good arrangements. Equally, agreeing to an undertaking would offer the affected school the opportunity to rectify non-compliance issues without having a formal outcome such as a suspension of registration on the record as a result of committing the non-compliance. The VRQA already has the power to seek undertakings from Registered Training Organisations (RTOs). The amendment would enable the VRQA to utilise a familiar tool to enhance enforcement in the school sector. A new section 4.3.3B provides that the VRQA must give a copy of the undertaking to the person who gave that undertaking. A new section 4.3.3C requires that the VRQA must maintain a register of undertakings which must be kept up to date with each undertaking that has been given. Both sections 4.3.3B and 4.3.3C will ensure clear and consistent record-keeping to provide transparency in the process. 16

A new section 4.3.3D will enable the VRQA to apply to the Magistrates' Court for an order if an undertaking has been breached. The Magistrates' Court will then be authorised to make an order if it is satisfied that there has been a breach of a term of the undertaking. The Court order may direct a person to comply with the term of the undertaking and any other order the Court thinks appropriate. Furthermore, the section provides that if the Magistrates' Court finds that a body corporate has breached an undertaking, each officer is considered to have so breached the undertaking if the officer knowingly authorised or permitted the breach. Conversely, the Magistrates' Court could make an order directing the officer to comply with the undertaking in addition to any other order the Court thinks appropriate. Being able to apply to the Magistrates' Court to enforce an undertaking is also an important tool for the VRQA to have in order to ensure a school's compliance. Similarly, the VRQA is already empowered to do so with respect to undertakings given by RTOs. Clause 22 further inserts a new section 4.3.3E in the Principal Act. Subsection (1) enables the VRQA, where it is in the best interest of the students or in the public interest, to take any action prescribed in section 4.3.4. The VRQA may only take these actions after the conduct of a review and evaluation. The actions include suspension or cancellation of registration, prohibition against enrolment of new students, the requirement that the school must report to parents of the students of the non- compliance or the imposition of conditions on registration. At present, section 4.3.3(4) provides the VRQA with the same power. Accordingly it is intended that this section is replaced by the new section 4.3.3E(1). Subsection (2) provides the VRQA must give the affected school written notice before a determination is made to take an action. The notice must include the proposed action and reasons for taking that action, as well as the time period in which the school can make show-cause submissions to the VRQA and the Minister. 17

Section 4.3.3(5) currently provides that the VRQA must give notice of the proposed action and reasons to the affected school. Similarly, it is intended that this section is replaced by the new section 4.3.3E(2). Subsection (3) requires that an affected school must be given 28 business days in the case of general review and evaluation and 10 business days in the case of a specific review and evaluation after the receipt of the written notice to make show-cause submissions to the VRQA and the Minister why the proposed action should not be taken. Currently, section 4.3.3(6) requires that the school must be given 28 days to make submissions to the VRQA and the Minister to show cause as to why the proposed action should not be taken. This section is replaced by the new section 4.3.3E(3). Subsection (4) provides that the VRQA must consider the school's submissions and comply with any direction of the Minister. At present, section 4.3.3(7) imposes the same requirements on the VRQA and is replaced by the new section 4.3.3E(4). Subsection (5) further allows the VRQA to extend the time period for a school to make submissions where the school applies for such time extension. There is no equivalent provision currently in the Principal Act and this is designed to give the VRQA discretion to give an affected school additional time to make a submission. Clause 23 amends section 4.3.4 of the Principal Act to reflect amendments introduced by earlier clauses in the Bill. Subsection (1) amends section 4.3.4(1) to clarify that actions listed in this section may be taken by the VRQA at the completion of a general review or a specific review. Subsection (2) amends section 4.3.4(2) to reflect the amendment in clause 21 to clarify that non-compliance with prescribed minimum standards for registration may relate to one or more of the standards. Subsection (2) also aims to clarify that the VRQA could take any one or more of the prescribed actions. At present, each of the actions listed in section 4.3.4(2) is followed by the word "or". This could be undesirably interpreted as limiting the VRQA to 18

only take any one action at any given time. This amendment will remove the confusion and expressly enable the VRQA to take one or more actions with respect to non-compliance with one or more of the prescribed minimum standards. Subsection (3) repeals section 4.3.4(3) of the Principal Act as clause 24 inserts a new provision which replaces this section. Please refer to the note to clause 24 for more information. Clause 24 inserts new sections 4.3.4A and 4.3.4B into the Principal Act. The new section 4.3.4A empowers the VRQA to suspend or cancel the registration of a non-Government school if it is in the best interest of the students or in the public interest in the following circumstances-- · the VRQA is satisfied that the school has ceased to operate; · the school notifies the VRQA that it will cease operations within 30 days after that notification; · where a school's sole or main proprietor is a natural person, the person become insolvent; · where a school's sole or main proprietor is a body corporate that has been compulsorily wound up or is subject to an order to be compulsorily wound up. This section is intended to allow the VRQA to suspend or cancel a school's registration without having conducted a review and evaluation first in particular situations where it is not necessary to conduct such a review, such as when the school has ceased or shortly will cease operations. The new section 4.3.4A further requires that the VRQA must provide an affected school with a written notice which must set out the proposed action, reasons for the action and the time period that a school can make submissions to the VRQA. The section also provides a similar mechanism which gives the affected school 3 business days in the case of a proposed suspension and 7 business days in the case of a proposed cancellation to make show cause submissions as to why the proposed action should not be taken. Similarly, the VRQA must consider any submissions made by a school and has the 19

discretion to extend the submission time period if the school applies for such an extension. The new section 4.3.4B requires the VRQA to give the school written notice of its determination under section 4.3.4 or new section 4.3.4A to take a proposed action. This section also in effect replaces the current section 4.3.4(3). At present, section 4.3.4(3) provides that any action the VRQA decides to take is effective when notice of the decision is given to the school, or any later date specified in the notice. Section 4.3.4B continues to impose the same requirement on the VRQA to provide written notice of any action it decides to take. Further, this requirement also applies to any proposed suspension or cancellation of school registration in other circumstances under the new section 4.3.4A. This new section means that section 4.3.4(3) is now redundant. Clause 25 inserts new section 4.3.8A into the Principal Act. The new section 4.3.8A empowers the VRQA to make guidelines in relation to-- · registered schools generally; and · the monitoring and assessment of a non-Government school's financial capabilities specifically. Firstly, subsection (1) reinstates the VRQA's guideline-making powers with respect to registered schools which were removed by a previous amending Act. At present, section 4.3.11(3) enables the VRQA to make guidelines for schools. However, this section falls under Division 3 of the Principal Act and section 4.3.9A explicitly states that Division 3 applies to bodies or schools in respect of accredited senior secondary courses and registered senior secondary qualifications. Subsection (1) provides that the VRQA may make guidelines about matters currently listed under section 4.3.1(6) of the Principal Act, namely any of the prescribed minimum standards for registration for a school and the school's policy for student discipline and anaphylaxis management where a school has enrolled an anaphylactic student. 20

Secondly, subsection (1) ensures that the VRQA is empowered to issue guidelines about monitoring and assessing a non- Government school's financial capabilities. Whilst new section 4.3.1A inserted by clause 19 enables the VRQA to undertake such monitoring and assessments, it is intended that procedural matters will be addressed in guidelines. Subsections (2) to (4) require the VRQA to provide that any guidelines issued-- · must not be inconsistent with the Principal Act, any statutory rules or Ministerial Orders made under the Principal Act; · may apply, adopt or incorporate any matter contained in a document published by another person or body; · must be published in the Government Gazette. These subsections are intended to ensure that any guidelines issued by the VRQA are consistent with the rest of the Principal Act and are publicly available. Subsection (5) also enables the regulations to require a registered school to comply with any of the guidelines. Clause 26 substitutes section 4.3.12(1) of the Principal Act to extend the registration term for a school from 5 years to 7 years. At present, section 4.3.12(1) provides that a registration may not exceed 5 years with respect to providers which deliver senior secondary courses or qualifications. This was intended to apply generally to non-school providers. This amendment would allow the registration of senior secondary schools to be 7 years to reduce the regulatory burden associated with re-applying for registration. The registration period will continue to be 5 years for other providers. Clause 27 substitutes section 4.4.2(8) of the Principal Act to extend the accreditation period for a school from 5 years to 7 years. At present, section 4.4.2(8) provides that the VRQA may accredit a course or part of a course for a period not exceeding 5 years. Similarly, the provision was intended to apply only to non-school providers. 21

This amendment would allow such an accreditation to be 7 years to reduce the regulatory burden associated with re-applying for registration. The accreditation period will continue to be 5 years for other providers. Further, the VRQA continues to be empowered to renew an accreditation if a renewal application is made before the expiration of the accreditation. Clause 28 substitutes section 4.9.4(1) of the Principal Act to provide the VRQA with broadened powers to disclose information to external bodies. At present, section 4.9.4(1) authorises the VRQA to disclose to the Secretary of DEECD, a Commonwealth Government Department or another registering body information arising from a prescribed list of circumstances. However, this section imposes clear and inherent limitations on the VRQA's information sharing powers. For instance, the VRQA could not disclose information to another Victorian Government Department such as the Department of Human Services where the VRQA has obtained information that there are health or safety concerns at a school. Similarly, where the VRQA discovers financial issues at a non-Government school that is an incorporated entity, such information could not be disclosed to a Commonwealth body such as the Australian Securities and Investment Commission. Similarly, where a school has a campus or operations in another State or Territory, the VRQA cannot disclose a school's registration information to the registering body in that jurisdiction under the current section 4.9.4(1). These limitations prevent the VRQA from sharing important and relevant information with other regulatory and law enforcement bodies which are then burdened with the need to collect the same information. The amendment is intended to broaden the nature of information as well as the list of bodies that the VRQA may disclose the information to. This enables information already collected by Government to be used again for more efficient regulation. Namely, the VRQA is empowered to disclose any information it has acquired in the course of performing its functions to any of the following persons or bodies in addition to the current list, so 22

long as the information relates to the function of that person or body-- · the Secretary to another Department; · a public sector body; · a municipal council; · a school registering body equivalent to the VRQA in another jurisdiction; · a Commonwealth, State or Territory Department; and · a Commonwealth agency. Clause 28 further inserts new section 4.9.4(1AAA) into the Principal Act which enables the VRQA to ask a prescribed person or body to provide information if that information could help the VRQA determine whether there has been a non- compliance with prescribed minimum standards for registration by a registered school. This new subsection simply empowers the VRQA to request relevant information from external bodies but does not compel the provision of information. Subclause (2) amends section 4.9.4(2) of the Principal Act to adjust the wording for consistency with other Acts. Clause 29 amends sections 5.2.9 of the Principal Act to clarify that the Minister can delegate any of the powers under the Principal Act as well as any of the Minister's powers under regulations made under the Principal Act. At present, the Minister's authority to delegate with respect to powers in the regulations is not explicitly provided in the Principal Act. The amendment is intended to clarify that the Minster has those delegation powers. Clause 30 repeals section 5.2.12 of the Principal Act to remove a provision that duplicates an existing power of the Minister. At present, section 5.2.12 enables the responsible Minister to make Orders which are authorised or required to be made under the Principal Act. 23

Section 5.10.4 confers the same power and provides a far more comprehensive framework under which a Ministerial Order must be made. Section 5.2.12 simply duplicates the Order making power and is unnecessary. Clause 31 inserts a new section 5.5.26 into the Principal Act to enable the VRQA to disclose to the Secretary of DEECD, a public sector body and a Commonwealth Government Department, information that VRQA obtained in connection with its functions and powers relating to apprenticeships under Part 5.5 of the Principal Act. Apart from the registration of schools, the VRQA also approves training schemes and maintains a register of apprentices who undertake training contacts with approved employers. However, there is no provision enabling the VRQA to share the information collected in this area of regulation. This is problematic because the VRQA is prevented from disclosing information about occupational and safety issues to WorkSafe. This new section enables information already collected by Government to be used again for other Government bodies so that they may exercise their regulatory functions more efficiently. The new section 5.5.26 also provides that when disclosing information under these circumstances or under a law of another jurisdiction, the VRQA does not contravene another Act, such as the Information Privacy Act 2000. This is intended to further facilitate the VRQA's disclosure of information by taking into consideration that there may be legislation in other jurisdictions which could similarly empower such disclosure of information. Clause 32 amends section 5.8.1(1)(b) of the Principal Act to remove an incorrect reference to the board of a TAFE institute. As a result of amendments introduced by the Education Legislation Amendment (Governance) Act 2012, persons are employed by a TAFE institute as a body corporate rather than by the board of a TAFE institute. Clause 33 inserts a new section 6.1.39 into the Principal Act to provide transitional provisions which have become necessary as a result of other amendments in earlier clauses of the Bill as well as the repeal of section 5.2.12 in clause 30 of the Bill. 24

Section 6.1.39(1) provides that despite changes made to the membership of an ACFE Regional Council by clause 15, the Regional Council is taken to be the same body. Section 6.1.39(2) provides that the extension of school registration term to 7 years effected by clause 26 of the Bill does not apply to registrations granted before the commencement of that amendment. Section 6.1.39(3) similarly provides that the extension of accreditation period by clause 27 of the Bill does not apply to accreditations granted before the commencement of that amendment. The intent of section 6.1.39(2) and (3) is to ensure that the amendments do not apply retrospectively to registrations and accreditations granted by the VRQA in the past. Section 6.1.39(4) and (5) provides that despite the repeal of section 5.2.12, any Order made under that section will be taken to have been made under section 5.10.4. Similarly, any reference to an Order made under the repealed section will also be taken to be a reference to an Order which was made under section 5.10.4. Section 6.1.39(6) defines the amending Act in this clause to mean the Education and Training Reform Amendment (Miscellaneous) Act 2014. Clause 34 amends Schedule 6 to the Principal Act to reflect an additional Ministerial Order which the responsible Minister is empowered to make as a result of amendments effected by clause 6 of the Bill. A new clause 13 is inserted into Schedule 6 to provide for procedures relating to school councils granting licences over school land. Clause 35 further amends Schedule 6 to the Principal Act to reflect another additional Ministerial Order which the responsible Minister is empowered to make as a result of amendments effected by clause 19 of the Bill. A new clause 14 is inserted into Schedule 6 to require that a Ministerial Order made with respect to the establishment of a fee protection scheme as a condition of registration of a non- Government school must include-- 25

· matters that the VRQA must consider before imposing a registration condition that a school set up such a scheme; · requirements of such a scheme which may include-- · timing of payment of fees by parents; · method of payment of fees by parents; · method of collection of fees by the school; · refund of fees by the school; · management of fees by the school such as requiring the establishment of a trust; · nature and terms of a trust; and · reporting to the parents of students at the school as to why the scheme is necessary. Clause 36 makes statute law revision amendments to sections 3.3.10(1)(b), 3.3.29C(2)(a) and 3.3.30(1)(b)(ii) of the Principal Act to correct very minor errors being a duplicated word, punctuation error and a spelling error. These amendments are not intended to alter the meaning of the law in these sections. PART 3--AMENDMENTS TO UNIVERSITY ACTS Division 1--Deakin University Act 2009 Clause 37 substitutes clause 1 of Schedule 1 to the Deakin University Act 2009 to provide for new governance requirements with respect to the terms and conditions of office of university council members. At present, clause 1 of Schedule 1 stipulates that a council member's term must expire on 31 December in the second year next following the year of his or her appointment. This in effect means that a term of office must end on 31 December and makes new appointments or reappointments difficult to manage for the university council when it is at a time of the year where there are fewer staff resources. 26

The substituted clause 1 will provide more flexibility as it does not refer to a particular end date for a term of office. The relevant provision instead states that a term of office must not exceed 3 years. University councils in Victoria usually consist of between 11 and 21 members. Currently clause 1 provides that regardless of the size of a university council, 2 offices of appointed member and of council appointed member must fall vacant each year. This is problematic for smaller university councils where there may only be 3 council members. In that case, the university council could potentially have succession planning issues where 2 out of the 3 council member positions fall vacant. The substituted clause 1 provides that if the university council has-- · 4 or fewer government or council appointed members, then at least one office of government appointed member and one of council appointed member must fall vacant each year; · 5 or more government or council appointed members, then at least two offices of government appointed member and two of council appointed member must fall vacant each year. Clause 38 inserts a new Division 4 into Part 8 of the Deakin University Act 2009 to provide for savings arrangements to reflect the new governance requirements provided by clause 37 of the Bill. Division 4 contains a new section 79 which provides that amendments made to clause 1 of Schedule 1 to the Deakin University Act 2009 do not apply to appointments made before clause 37 of the Bill takes effect. Namely, this means that a council member who holds office before commencement of clause 37 will continue to be in office for the remainder of the term for which the member was appointed. 27

Division 2--Federation University Australia Act 2010 Clause 39 substitutes clause 1 of Schedule 1 to the Federation University Australia Act 2010 to provide for new governance requirements with respect to the terms and conditions of office of university council members. At present, clause 1 of Schedule 1 stipulates that a council member's term must expire on 31 December in the second year next following the year of his or her appointment. This in effect means that a term of office must end on 31 December and makes new appointments or reappointments difficult to manage for the university council when it is at a time of the year where there are fewer staff resources. The substituted clause 1 will provide more flexibility as it does not refer to a particular end date for a term of office. The relevant provision instead states that a term of office must not exceed 3 years. Currently clause 1 also provides that regardless of the size of a university council, 2 offices of appointed member and of council appointed member must fall vacant each year. This is problematic for smaller university councils where there may only be 3 council members. In that case, the university council could potentially have succession planning issues where 2 out of the 3 council member positions fall vacant. The substituted clause 1 provides that if the university council has-- · 4 or fewer government or council appointed members, then at least one office of government appointed member and one of council appointed member must fall vacant each year; · 5 or more government or council appointed members, then at least two offices of government appointed member and two of council appointed member must fall vacant each year. Clause 40 inserts a new Division 5 into Part 8 of the Federation University Australia Act 2010 to provide for savings arrangements to reflect the new governance requirements provided by clause 39 of the Bill. 28

Division 5 contains a new section 85 which provides that amendments made to clause 1 of Schedule 1 to the Federation University Australia Act 2010 do not apply to appointments made before clause 39 of the Bill takes effect. Namely, this means that a council member who holds office before commencement of clause 39 will continue to be in office for the remainder of the term for which the member was appointed. Division 3--La Trobe University Act 2009 Clause 41 substitutes clause 1 of the Schedule to the La Trobe University Act 2009 to provide for new governance requirements with respect to the terms and conditions of office of university council members. At present, clause 1 of the Schedule stipulates that a council member's term must expire on 31 December in the second year next following the year of his or her appointment. This in effect means that a term of office must end on 31 December and makes new appointments or reappointments difficult to manage for the university council when it is at a time of the year where there are fewer staff resources. The substituted clause 1 will provide more flexibility as it does not refer to a particular end date for a term of office. The relevant provision instead states that a term of office must not exceed 3 years. Currently clause 1 provides that regardless of the size of a university council, 2 offices of appointed member and of council appointed member must fall vacant each year. This is problematic for smaller university councils where there may only be 3 council members. In that case, the university council could potentially have succession planning issues where 2 out of the 3 council member positions fall vacant. The substituted clause 1 provides that if the university council has-- · 4 or fewer government or council appointed members, then at least one office of government appointed member and one of council appointed member must fall vacant each year; 29

· 5 or more government or council appointed members, then at least two offices of government appointed member and two of council appointed member must fall vacant each year. Clause 42 inserts a new Division 4 into Part 8 of the La Trobe University Act 2009 to provide for savings arrangements to reflect the new governance requirements provided by clause 41 of the Bill. Division 4 contains a new section 79 which provides that amendments made to clause 1 of the Schedule to the La Trobe University Act 2009 do not apply to appointments made before clause 41 of the Bill takes effect. Namely, this means that a council member who holds office before commencement of clause 41 will continue to be in office for the remainder of the term for which the member was appointed. Division 4--Monash University Act 2009 Clause 43 substitutes clause 1 of Schedule 1 to the Monash University Act 2009 to provide for new governance requirements with respect to the terms and conditions of office of university council members. At present, clause 1 of Schedule 1 stipulates that a council member's term must expire on 31 December in the second year next following the year of his or her appointment. This in effect means that a term of office must end on 31 December and makes new appointments or reappointments difficult to manage for the university council when it is at a time of the year where there are fewer staff resources. The substituted clause 1 will provide more flexibility as it does not refer to a particular end date for a term of office. The relevant provision instead states that a term of office must not exceed 3 years. Currently clause 1 provides that regardless of the size of a university council, 2 offices of appointed member and of council appointed member must fall vacant each year. This is problematic for smaller university councils where there may only be 3 council members. In that case, the university council could potentially have succession planning issues where 2 out of the 3 council member positions fall vacant. 30

The substituted clause 1 provides that if the university council has-- · 4 or fewer government or council appointed members, then at least one office of government appointed member and one of council appointed member must fall vacant each year; · 5 or more government or council appointed members, then at least two offices of government appointed member and two of council appointed member must fall vacant each year. Clause 44 inserts a new Division 4 into Part 8 of the Monash University Act 2009 to provide for savings arrangements to reflect the new governance requirements provided by clause 43 of the Bill. Division 4 contains a new section 80 which provides that amendments made to clause 1 of Schedule 1 to the Monash University Act 2009 do not apply to appointments made before clause 43 of the Bill takes effect. Namely, this means that a council member who holds office before commencement of clause 43 will continue to be in office for the remainder of the term for which the member was appointed. Division 5--Royal Melbourne Institute of Technology Act 2010 Clause 45 substitutes clause 1 of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010 to provide for new governance requirements with respect to the terms and conditions of office of university council members. At present, clause 1 of Schedule 1 stipulates that a council member's term must expire on 31 December in the second year next following the year of his or her appointment. This in effect means that a term of office must end on 31 December and makes new appointments or reappointments difficult to manage for the university council when it is at a time of the year where there are fewer staff resources. The substituted clause 1 will provide more flexibility as it does not refer to a particular end date for a term of office. The relevant provision instead states that a term of office must not exceed 3 years. 31

Currently clause 1 provides that regardless of the size of a university council, 2 offices of appointed member and of council appointed member must fall vacant each year. This is problematic for smaller university councils where there may only be 3 council members. In that case, the university council could potentially have succession planning issues where 2 out of the 3 council member positions fall vacant. The substituted clause 1 provides that if the university council has-- · 4 or fewer government or council appointed members, then at least one office of government appointed member and one of council appointed member must fall vacant each year; · 5 or more government or council appointed members, then at least two offices of government appointed member and two of council appointed member must fall vacant each year. Clause 46 inserts a new Division 4 into Part 8 of the Royal Melbourne Institute of Technology Act 2010 to provide for savings arrangements to reflect the new governance requirements provided by clause 45 of the Bill. Division 4 contains a new section 79 which provides that amendments made to clause 1 of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010 do not apply to appointments made before clause 45 of the Bill takes effect. Namely, this means that a council member who holds office before commencement of clause 45 will continue to be in office for the remainder of the term for which the member was appointed. Division 6--Swinburne University of Technology Act 2010 Clause 47 substitutes clause 1 of Schedule 1 to the Swinburne University of Technology Act 2010 to provide for new governance requirements with respect to the terms and conditions of office of university council members. At present, clause 1 of Schedule 1 stipulates that a council member's term must expire on 31 December in the second year next following the year of his or her appointment. This in effect 32

means that a term of office must end on 31 December and makes new appointments or reappointments difficult to manage for the university council when it is at a time of the year where there are fewer staff resources. The substituted clause 1 will provide more flexibility as it does not refer to a particular end date for a term of office. The relevant provision instead states that a term of office must not exceed 3 years. Currently clause 1 provides that regardless of the size of a university council, 2 offices of appointed member and of council appointed member must fall vacant each year. This is problematic for smaller university councils where there may only be 3 council members. In that case, the university council could potentially have succession planning issues where 2 out of the 3 council member positions fall vacant. The substituted clause 1 provides that if the university council has-- · 4 or fewer government or council appointed members, then at least one office of government appointed member and one of council appointed member must fall vacant each year; · 5 or more government or council appointed members, then at least two offices of government appointed member and two of council appointed member must fall vacant each year. Clause 48 inserts a new Division 4 into Part 8 of the Swinburne University of Technology Act 2010 to provide for savings arrangements to reflect the new governance requirements provided by clause 47 of the Bill. Division 4 contains a new section 79 which provides that amendments made to clause 1 of Schedule 1 to the Swinburne University of Technology Act 2010 do not apply to appointments made before clause 47 of the Bill takes effect. Namely, this means that a council member who holds office before commencement of clause 47 will continue to be in office for the remainder of the term for which the member was appointed. 33

Division 7--University of Melbourne Act 2009 Clause 49 substitutes clause 1 of Schedule 1 to the University of Melbourne Act 2009 to provide for new governance requirements with respect to the terms and conditions of office of university council members. At present, clause 1 of Schedule 1 stipulates that a council member's term must expire on 31 December in the second year next following the year of his or her appointment. This in effect means that a term of office must end on 31 December and makes new appointments or reappointments difficult to manage for the university council when it is at a time of the year where there are fewer staff resources. The substituted clause 1 will provide more flexibility as it does not refer to a particular end date for a term of office. The relevant provision instead states that a term of office must not exceed 3 years. Currently clause 1 provides that regardless of the size of a university council, 2 offices of appointed member and of council appointed member must fall vacant each year. This is problematic for smaller university councils where there may only be 3 council members. In that case, the university council could potentially have succession planning issues where 2 out of the 3 council member positions fall vacant. The substituted clause 1 provides that if the university council has-- · 4 or fewer government or council appointed members, then at least one office of government appointed member and one of council appointed member must fall vacant each year; · 5 or more government or council appointed members, then at least two offices of government appointed member and two of council appointed member must fall vacant each year. Clause 50 inserts a new Division 5 into Part 8 of the University of Melbourne Act 2009 to provide for savings arrangements to reflect the new governance requirements provided by clause 49 of the Bill. 34

Division 5 contains a new section 83 which provides that amendments made to clause 1 of Schedule 1 to the University of Melbourne Act 2009 do not apply to appointments made before clause 49 of the Bill takes effect. Namely, this means that a council member who holds office before commencement of clause 49 will continue to be in office for the remainder of the term for which the member was appointed. Division 8--Victoria University Act 2010 Clause 51 substitutes clause 1 of Schedule 1 to the Victoria University Act 2010 to provide for new governance requirements with respect to the terms and conditions of office of university council members. At present, clause 1 of Schedule 1 stipulates that a council member's term must expire on 31 December in the second year next following the year of his or her appointment. This in effect means that a term of office must end on 31 December and makes new appointments or reappointments difficult to manage for the university council when it is at a time of the year where there are fewer staff resources. The substituted clause 1 will provide more flexibility as it does not refer to a particular end date for a term of office. The relevant provision instead states that a term of office must not exceed 3 years. Currently clause 1 provides that regardless of the size of a university council, 2 offices of appointed member and of council appointed member must fall vacant each year. This is problematic for smaller university councils where there may only be 3 council members. In that case, the university council could potentially have succession planning issues where 2 out of the 3 council member positions fall vacant. The substituted clause 1 provides that if the university council has-- · 4 or fewer government or council appointed members, then at least one office of government appointed member and one of council appointed member must fall vacant each year; 35

· 5 or more government or council appointed members, then at least two offices of government appointed member and two of council appointed member must fall vacant each year. Clause 52 inserts a new Division 4 into Part 8 of the Victoria University Act 2010 to provide for savings arrangements to reflect the new governance requirements provided by clause 51 of the Bill. Division 5 contains a new section 79 which provides that amendments made to clause 1 of Schedule 1 to the Victoria University Act 2010 do not apply to appointments made before clause 51 of the Bill takes effect. Namely, this means that a council member who holds office before commencement of clause 51 will continue to be in office for the remainder of the term for which the member was appointed. PART 4--AMENDMENT OF OTHER ACTS Clause 53 amends section 79 of the Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014 (the amending Act) to omit certain words in proposed subsections (1), (1A) and (1B) of section 2.6.58 of the Principal Act and inserting new section 2.6.58(1BA) in the Principal Act. Proposed section 2.6.58 makes it an offence for a person to make false representations as to their registration status. However, the Scrutiny of Acts and Regulations Committee raised interpretation issues with the wording of the proposed changes to section 2.6.58 of the Principal Act made by the amending Act. These amendments in this clause clarify that the proposed amendments to section 2.6.58 of the Principal Act made by the amending Act are intended to relate to false representations about both prior and current registration status. Clause 54 makes a statute law revision amendment to the note at the foot of section 30(1) of the Working with Children Act 2005 to rectify an incorrect reference to a section of the Principal Act. Clause 55 makes a statute law revision amendment to clause 1(1)(b) of Schedule 1 to the Workplace Injury Rehabilitation and Compensation Act 2013 to replace reference to "a university 36

with a TAFE division" with reference to "a dual sector university". As a result of the Education and Training Reform Amendment (Dual Sector Universities) Act 2013, all references to "universities with a TAFE division" in Victorian Acts were intended to be replaced by a "dual sector university". This single reference in Schedule 1 to the Workplace Injury Rehabilitation and Compensation Act 2013 was overlooked at the time. This amendment rectifies the oversight. PART 5--REPEAL OF AMENDING ACT Clause 56 provides that this Act is repealed on 1 September 2016. The repeal does not affect the continuing operation of the amendments made by the Act. (See section 15(1) of the Interpretation of Legislation Act 1984.) 37

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