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Education and Training Reform
Amendment (Registration of Early
Childhood Teachers and Victorian
Institute of Teaching) Bill 2014
Introduction Print
EXPLANATORY MEMORANDUM
General
The Education and Training Reform Amendment (Registration of Early
Childhood Teachers and Victorian Institute of Teaching) Bill 2014 amends
the Education and Training Reform Act 2006, the Child Employment Act
2003, the Fundraising Act 1998 and the Working with Children Act 2005.
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the main purposes of the Education and Training Reform
Amendment (Registration of Early Childhood Teachers and
Victorian Institute of Teaching) Bill 2014 (the Bill).
Clause 2 provides for the commencement of the Bill.
The Bill has been structured to allow for a staged commencement
in order to allow Part 5, which establishes a scheme for the
registration by the Victorian Institute of Teaching (the Institute)
of early childhood teachers, to commence on a date that allows
sufficient time for the Institute and the early childhood sector to
prepare for the scheme. This will likely be a date approximately
15 months later than the remaining Parts of this Bill that do not
require significant implementation time. It is intended that Part 5
commence at a time which allows for an effective community
education campaign to occur and for the Institute to upgrade its
571419 1 BILL LA INTRODUCTION 4/2/2014
systems and operations. It is also intended that it commence in
alignment with the Institute's current annual registration cycle for
school teachers which commences on 30 September of each year.
Clause 2(1) provides that Part 1 comes into operation on the day
after the day on which the Bill receives Royal Assent.
Clause 2(2) provides that section 15(2) is to be taken to have
come into operation on 1 January 2011. Clause 15(2) amends
section 2.6.11(1) of the Principal Act to effect a statute law
revision by changing an incorrect cross-reference relating to
section 2.6.8. Section 2.6.8 of the Principal Act was substituted
on 1 January 2011 by section 7 of the Education and Training
Reform Further Amendment Act 2010 and this cross-reference
should have been altered at that time. This amendment inserts
the correct cross-reference to section 2.6.8 in section 2.6.11(1)
retrospectively from the date of commencement of section 7 of
the Education and Training Reform Further Amendment Act
2010 to ensure the validity of non-practising registrations of
teachers granted on or after 1 January 2011.
Clause 2(3) provides that subject to subsection (4), the remaining
provisions of this Act come into operation on days to be
proclaimed.
Clause 2(4) provides that if a provision has not been proclaimed
before 31 December 2015, it comes into operation on that day.
The forced commencement date is longer than 12 months after
introduction of the Bill because of the above-stated intention to
allow the early childhood sector and the Institute sufficient time
to prepare for the new registration regime introduced by Part 5 of
the Bill.
Clause 3 provides that the Education and Training Reform Act 2006 is
called the Principal Act.
PART 2--AMENDMENTS RELATING TO POLICE AND
CRIMINAL HISTORY CHECKS ON TEACHERS
Clause 4 inserts the definitions of national criminal history check and
State police record check into section 1.1.3(1) of the Principal
Act. These definitions are predominantly used in Part 2.6 of the
Act, which regulates the registration of teachers in Victoria by
the Institute. Currently, school teachers are required as a
condition of registration to undergo a national criminal history
2
check once every five years (currently referred to in the Act as a
"criminal record check") and to give consent to a police record
check on application for registration and then periodically during
the cycle of registration.
The new definitions introduced by this Bill provide more clarity
and reflect more accurately the checks that the Institute must
undertake in order to satisfy itself that a teacher is suitable for
registration. The scheme under which the Institute undertakes
criminal history and police record checks of Victorian teachers
enables teachers to be exempt from the requirement to obtain a
"Working With Children Check" under the Working with
Children Act 2005.
Clause 4(2) inserts new section 1.1.3(4) into the Principal Act to
provide, for the purposes of the definition of national criminal
history check, the particular types of matters that such a check
includes.
Clause 5 amends section 2.6.7 of the Principal Act which relates to
applications for registration.
Clause 5(1) substitutes section 2.6.7(2)(b)(iii) of the Principal
Act o clarify that the fee referred to is an application fee.
Clause 5(2) amends the Principal Act to add additional
requirements that a person applying for registration as a teacher
must comply with, including to provide certain things to enable
the Institute to a conduct national criminal history checks and a
State police record check of the applicant as part of considering
the person's application and, if registered, their ongoing
registration.
New section 2.6.7(2)(b)(iv) provides that an applicant applying
for registration must, as part of the application, provide signed
consent for the Institute to conduct a national criminal history
check on the applicant.
New section 2.6.7(2)(b)(v) provides that the application for
registration must include information specified in the application
form relating to the identity of the applicant required for the
purposes of conducting the national criminal history check.
New section 2.6.7(2)(b)(vi) provides that the application for
registration must include the fee fixed by the Minister for the
national criminal history check on the applicant.
3
Clause 5(3) substitutes the existing section 2.6.7(2A) of the
Principal Act to make clear the application for registration must
include an authorisation for the Institute to arrange for a State
police record check (using the new terminology introduced by
clause 4) both on the applicant as part of the application process,
and, if the registration is granted, on the teacher during the period
of registration.
Clause 5(4) substitutes the existing section 2.6.7(3A) of the
Principal Act to provide that as part of the application process the
Institute must conduct a national criminal history check on the
applicant and may arrange for a State police record check on the
applicant.
Clause 5(5) amends section 2.6.7(4)(a) of the Principal Act by
omitting the reference to undergoing a criminal record check as it
is now required by the preceding sections.
Clause 6 amends the Principal Act to insert a new section 2.6.9(5).
New section 2.6.9(5) provides that the Institute may arrange a
State police record check on a registered teacher during the
period of that teacher's registration. This provision links to the
requirement under new section 2.6.7(2A) for an applicant for
registration to authorise the Institute to arrange a State police
record check on the applicant and clarifies the Institute's power to
conduct that check. A periodic State police record check enables
the Institute to obtain up to date information about a teacher's
criminal record so that appropriate action may be taken in
relation to the teacher's registration if required. For example, the
Institute in accordance with section 2.6.27 may suspend a
teacher's registration if the teacher is charged with a sexual
offence.
Clause 7 amends section 2.6.13 of the Principal Act, which regulates an
application to the Institute for permission to teach, to align it with
the new requirements for an application for registration of a
teacher introduced by clause 5.
Clause 7(1) substitutes the existing provisions under section
2.6.13(2)(ab) and (b) of the Principal Act to provide for the items
required to accompany an application for permission to teach,
and re-numbers the sub-paragraphs accordingly.
4
Clause 7(2) substitutes the existing section 2.6.13(2A) of the
Principal Act to make clear the application for permission to
teach must include an authorisation for the Institute to arrange for
a State police record check both on the applicant as part of the
application process, and, if permission to teach is granted, on the
teacher during the period for which the permission remains in
force.
Clause 7(3) substitutes the existing section 2.6.13(2B) of the
Principal Act to provide that as part of the application process the
Institute must conduct a national criminal history check on the
applicant and may arrange for a State police record check on the
applicant.
Clause 7(4) amends section 2.6.13(3) of the Principal Act to
allow the Institute to require an applicant to provide information
about criminal records in respect of the application.
Clause 7(5) amends section 2.6.13(4) of the Principal Act to
make a consequential amendment in relation to the re-numbering
of subparagraphs in section 2.6.13(2).
Clause 8 amends the Principal Act to insert a new section 2.6.14(4).
New section 2.6.14(4) of the Principal Act provides that the
Institute may conduct a State police record check on a person
granted permission to teach during the period that the permission
to teach remains in force. This aligns with the Institute's power
to conduct a police record check on a registered teacher as set out
in clause 6 so that the same police record check requirements are
afforded in respect of persons granted permission to teach.
Clause 9 amends section 2.6.18 of the Principal Act, which regulates the
application by a registered teacher for renewal of registration.
Clause 9(1) amends section 2.6.18(1)(b)(iii) of the Principal Act
to clarify that the fee referred to is an application fee.
Clause 9(2) substitutes the existing provisions under section
2.6.18(1A) and (1B) of the Principal Act and inserts new
subsection (1C) to require the Institute to conduct a national
criminal history check and empower it to arrange for a State
police record check as part of its consideration of an application
for renewal of registration.
5
New subsection (1A) provides that an applicant must provide the
necessary consent, information and relevant fee for a national
criminal history check if a check has not been conducted on the
applicant within 4 years before the existing registration is due to
expire.
New subsection (1B) requires the applicant to include an
authorisation for a State police record check to be conducted in
relation to the application and during the registration.
New subsection (1C) empowers the Institute to arrange for a
State police record check to be conducted in relation to the
application and during the registration.
Clause 10 amends the heading to Division 6 of Part 2.6 to reflect the new
terminology for national criminal history checks and State police
record checks introduced by clause 4.
Clause 11 amends section 2.6.22 of the Principal Act to make minor
amendments to the terminology relating to checks on criminal
records of teachers.
Clause 12 substitutes sections 2.6.22A and 2.6.23 of the Principal Act.
New section 2.6.22A(1) provides that the Institute must ensure a
national criminal history check is conducted in respect of each
registered teacher before the end of 5 years after the last national
criminal history check was conducted in respect of that teacher or
if no such check has been conducted, as soon as is reasonably
practicable.
New section 2.6.22A(2) provides that in addition to subsection
(1), the Institute may conduct a national criminal history check
on a registered teacher at any other time if the Institute
reasonably suspects that there are circumstances to warrant a
check being conducted at that time.
New section 2.6.22A(3) of the Principal Act provides that a
registered teacher, at the request of the Institute and by the date
specified, must provide a signed consent to the Institute to
conduct a national criminal history check under this section,
information specified by the Institute relating to the identity of
the teacher for the purposes of the national criminal history check
and if the check is conducted under subsection (1), to pay the fee
fixed by the Minister for the check. This new section sets out the
things that a registered teacher must provide to the Institute in
6
order to enable it to conduct a national criminal history record
check, which provides the Institute with a clear basis to suspend a
teacher's registration in accordance with new section 2.6.22A(4)
for a failure to provide those things.
New section 2.6.22A(4) of the Principal Act provides that if a
registered teacher fails to comply with any or all the requirements
in subsection (3) without reasonable excuse, the Institute may
suspend the registration of the teacher. This power for the
Institute to suspend registration on the basis of a failure of a
teacher to enable the Institute to conduct a national criminal
history check currently exists under section 2.6.22A(4) of the
Principal Act.
New section 2.6.22A(5) of the Principal Act provides that the
Institute may revoke a suspension under subsection (4) if the
person concerned provides to the Institute a satisfactory
explanation of the person's failure to comply with subsection (3),
the consent or identification information required under
subsection (3) if it was not provided by the date specified,
payment of the fee for the national criminal history check
conducted under subsection (1) if it was not paid by the specified
date and payment of any additional fee fixed by the Minister.
New section 2.6.23 replaces the current section 2.6.23 of the
Principal Act, which is effectively repealed.
New section 2.6.23(1) of the Principal Act provides that the
Institute may require a teacher to provide information about any
criminal records by a notified date at any time during the period
of registration of that teacher. This is consistent with current
section 2.6.9(3) of the Principal Act which enables the Institute to
place a condition on a teacher's registration that the teacher
provides information about criminal records.
New section 2.6.23(2) of the Principal Act provides that the
Institute may suspend the registration of a teacher where the
registered teacher fails to comply under subsection (1) without
reasonable excuse.
New section 2.6.23(3) of the Principal Act provides that the
Institute may revoke a suspension under subsection (2) if the
person concerned provides satisfactory explanation of the failure
to comply under subsection (2) and provides to the Institute the
required information.
7
Clause 13 amends section 5.3.4 of the Principal Act to make similar
amendments to those that were made by clause 11 to
section 2.6.22 of the Principal Act.
Clause 14 amends the Principal Act to insert a new transitional and savings
section 6.1.35.
New section 6.1.35 provides for reasons of continuity that a
reference to a national criminal history check in new
section 2.6.22A(1)(a) includes a reference to a criminal record
check within the meaning of Part 2.6 before amendments were
made to it by Part 2 of this Bill. This ensures that a reference to a
national criminal history check includes a criminal history check
made under Part 2.6 before it was amended by the Bill so that the
5 year period can be calculated from this previous check.
Clause 15 makes statute law revisions to sections 2.6.9(1)(c) and 2.6.11(1)
of the Principal Act.
Clause 15(1) corrects a punctuation error.
Clause 15(2) amends section 2.6.11(1) of the Principal Act to
change an incorrect cross-reference. Section 2.6.8 of the
Principal Act was substituted on 1 January 2011 by section 7 of
the Education and Training Reform Further Amendment Act
2010 and this cross-reference should have been altered at that
time. See the further notes to clause 2(2).
PART 3--THE REGISTER OF DISCIPLINARY ACTION AND
OTHER MATTERS
Clause 16 amends the Principal Act by inserting new definitions.
Clause 16(1) inserts the definition of Register of Registered
Teachers into section 1.1.3 of the Principal Act. This definition
ensures that the register that the Institute is currently required to
keep under section 2.6.24 of the Principal Act is distinguished
from the Register of Disciplinary Action established by Part 3 of
this Bill.
Clause 16(2) inserts the definition of Register of Disciplinary
Action into section 2.6.1 of the Principal Act.
8
Clause 17 amends the Principal Act to insert new section 2.6.3(1)(ga) in the
Principal Act which provides that it is a function of the Institute
to establish and maintain a Register of Disciplinary Action in
relation to registered teachers or former registered teachers.
Clause 18 substitutes section 2.6.21A of the Principal Act to provide that a
registered teacher must notify the Institute within 30 days of any
change in the name of the teacher in addition to the current
requirement for a registered teacher to notify the Institute within
30 days of a change in the address provided by the teacher for
correspondence with the Institute.
Clause 19 amends the heading to Division 7 of Part 2.6 to insert
"of Registered Teachers" after "Register" for clarity to
distinguish between the Register of Teachers, and the Register
of Disciplinary Action.
Clause 20 amends section 2.6.24 of the Principal Act to make amendments
consequential to the re-naming of the Institute's current Register
of Teachers to the "Register of Registered Teachers".
Clause 20(1) amends the heading to section 2.6.24 to insert
"of Registered Teachers" after "Register".
Clause 20(2) amends section 2.6.24 to substitute "Register of
Teachers" with "Register of Registered Teachers".
Clause 21 amends section 2.6.25 the Principal Act.
Clause 21(1) amends the heading to section 2.6.25 of the
Principal Act to insert "of Registered Teachers" after "Register".
Clause 21(2) amends section 2.6.25 of the Principal Act to insert
"of Registered Teachers" after "Register".
Clause 21(3) amends section 2.6.25 of the Principal Act to insert
new section 2.6.25(2) to provide that the Institute may publish
the whole or any part of the Register of Registered Teachers in
any manner it considers fit which may include in hard copy or on
the Institute's website or both.
Clause 22 amends the Principal Act to insert new section 2.6.29BA.
New subsection (1) provides the Institute with a discretion to
determine that it is not appropriate or in the public interest to
record the suspension of a teacher's registration or a condition on
9
their registration imposed under Division 9A of Part 2.6 in the
Register of Disciplinary Action.
New subsection (2) provides that in making a determination
under subsection (1), the Institute may determine the extent,
manner or period for which the particulars are recorded in the
Register of Disciplinary Action.
New subsection (3) provides that in making a determination
under subsections (1) and (2), the Institute must consider the
circumstances of the suspension of or imposition of the condition
on, the registration of the teacher.
Clause 23 amends section 2.6.44 of the Principal Act to insert new
paragraphs (d) and (e) into that section regarding requirements on
the Institute in notifying a teacher about a formal hearing.
New paragraph (d) of section 2.6.44 provides that a notice of
formal hearing must state that the panel has the power to make a
determination prohibiting the publishing of information that
may enable identification of the teacher or a witness under
section 2.6.45. This will alert persons who may be involved in
the conduct of a formal hearing panel of powers that the panel
has to protect the privacy and reputation of individuals in
prescribed circumstances.
New subsection (e) of section 2.6.44 provides that a notice of a
formal hearing must include any other prescribed information.
Clause 24 amends section 2.6.45 of the Principal Act which regulates the
conduct of a formal hearing.
Clause 24(1) amends section 2.6.45(c), which holds that the
identity of the complainant is not to be published or broadcast,
by substituting the words "the identity of the complainant" with
"any information that might enable the complainant to be
identified". This provides greater consistency with similar
protective provisions in this section to ensure proper protection
of the complainant's privacy and reputation.
Clause 24(2) substitutes section 2.6.45(f) of the Principal Act by
inserting "or broadcast" after "published" for consistency with
paragraph (c) of section 2.6.45 and inserted new paragraph (g)
into that section.
10
New section 2.6.45(g) of the Principal Act provides the panel
with a general power to prohibit the publication or broadcast of
information arising out of the hearing specifically that the panel
may determine that any evidence given before it and the content
of any document produced to it during the hearing, must not be
published or broadcast prior to or after the making of a final
determination 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.
Clause 25 amends section 2.6.46 of the Principal Act which regulates the
findings and determinations of a formal hearing panel.
New section 2.6.45(4) of the Principal Act provides for additional
determinations that may be made by the formal hearing panel.
New section 2.6.46(4)(a) provides that, subject to new subsection
(5), the panel may determine that it is not appropriate or in the
public interest for any particulars relating to the hearing,
including any determination made under section 2.6.46(2), to be
recorded in the Register of Disciplinary Action and the extent,
manner or period for which those particulars are recorded in the
Register of Disciplinary Action.
New section 2.6.46(4)(b) of the Principal Act provides that the
panel may determine that any information which might enable a
teacher subject to a determination under section 2.6.46(2) to be
identified must not be published or broadcast if the panel
considers it necessary to avoid prejudicing the administration of
justice or for any other reason in the interests of justice.
New section 2.6.46(5) of the Principal Act provides that in
making a determination under subsection (4)(a), the panel must
consider the circumstances of the determination made under
section 2.6.46(2).
Clause 26 amends the Principal Act to insert a new section 2.6.49A.
New section 2.6.49A of the Principal Act provides that the
Institute may publish the whole or part of the findings, reasons or
a determination of a formal hearing panel relating to a matter
heard by the panel in any manner it thinks fit, if the publication
of the findings, reasons or determination is not in contravention
of section 2.6.45(c) or a determination made under section 2.6.45
or new section 2.6.46(4). This new provision makes explicit the
11
power of the Institute to publish the decisions of formal hearing
panels.
Clause 27 substitutes section 2.6.52 of the Principal Act to provide for
2 offences for contravening any order prohibiting publishing or
broadcasting reports of a formal hearing under Part 2.6.
These offences replace the current offence in that section.
New section 2.6.52(1) provides that it is an offence for a person
to publish or broadcast or cause to be published or broadcast any
report of a formal hearing under Part 2.6, including any
determination made during the hearing, containing information
that would enable the complainant to be identified. The penalty
for this offence is 50 penalty units for a natural person and
100 penalty units for a body corporate.
New section 2.6.52(2) provides that it is an offence for a person
to publish or broadcast or cause to be published or broadcast any
report of a formal hearing under this Part, including any
determination made during the hearing, containing information
in contravention of a determination made under section 2.6.45
or 2.6.46(4)(b). The penalty for this offence is 50 penalty units
for a natural person and 100 penalty units for a body corporate.
Clause 28 amends the Principal Act to insert a new Division 13A in Part 2.6
relating to the Register of Disciplinary Action.
New section 2.6.54A provides for the creation of a Register of
Disciplinary Action in relation to registered teachers and former
registered teachers.
New section 2.6.54B provides for the Institute to establish and
maintain the Register of Disciplinary Action, including allowing
inspection of the Register at the Institute's offices and publication
of the Register in whole or in part, which may include on the
Institute's website.
New section 2.6.54C provides for the types of particulars that
must be recorded in the Register of Disciplinary Action and
includes, under subsection (1), the teacher's name, the
disciplinary action, the date the disciplinary action took effect
and the date that it will cease to take effect, the teacher's
registration number and whether the disciplinary action relates to
registration as a teacher or under a permission to teach.
12
The disciplinary action that is to be recorded in the Register in
relation to a registered teacher or a former registered teacher is
set out under section 2.6.54C(2) and includes the following--
· the imposition of conditions, limitations or restrictions
on registration;
· cautioning;
· reprimanding;
· suspension of registration;
· cancellation of registration, other than a voluntary
cancellation;
· disqualification from applying for registration as a
teacher;
· cessation of the teacher's registration, permission to
teach or disqualification from registration as a result of
a conviction or finding of guilt for a sexual offence; and
· voluntary suspension of registration.
New section 2.6.54D provides for the types of particulars that
must not be recorded in the Register of Disciplinary Action in
respect of registered teachers or former registered teachers.
These include a disciplinary action imposed by an informal
hearing panel, a medical hearing panel or under Division 9A
of Part 2.6 which is based solely on medical grounds.
The reasoning for the exclusion of such actions from the Register
is that the hearings of an informal hearing panel or medical panel
are confidential and it is not in the public interest to include
information arising out of such a hearing about a teacher on a
public register. New section 2.6.54D also provides that the
Register of Disciplinary Action must not contain information that
contravenes a determination by the Institute or a formal hearing
panel that the information should not appear on the register.
New section 2.6.54E(1) provides that the Institute may decide
that particulars be removed from or excluded from the Register
of Disciplinary Action on application of the relevant registered
teacher or former teacher on the basis of the physical safety of
the person and that there is no overriding public interest for the
particular to be included on the Register.
13
Additionally, if the relevant disciplinary action is a caution or a
reprimand, the Institute may of its own accord in accordance with
section 2.6.54E(2) decide to remove particulars. This provision
recognises that certain types of disciplinary action are less serious
in nature, and that in some circumstances an individual teacher's
right to privacy may outweigh the public benefit in disclosing the
particular disciplinary action.
New section 2.6.54F provides for the timing of when particulars
must be recorded in the Register of Disciplinary Action and
ensures that any relevant appeal period has expired in relation
to a disciplinary action before it is recorded on the Register.
The exception to this requirement is where a teacher is convicted
or found guilty of a sexual offence (defined under the Principal
Act as involving a person under the age of 18) as this type of
offence is considered serious enough to warrant immediate
inclusion of the resulting disciplinary action, and other details in
relation to the teacher, in the Register.
New section 2.6.54G provides for the retention period of
particulars contained in the Register of Disciplinary Action.
The period is 5 years after the disciplinary action takes effect,
or the period for which the disciplinary action takes effect,
whichever is the longer.
New section 2.6.54H provides that the Institute must remove
particulars relating to a disciplinary action recorded in the
Register of Disciplinary Action in certain circumstances.
New section 2.6.54J provides that the Institute must make note in
the Register of Disciplinary Action to update particulars of a
disciplinary action as soon as is reasonably practicable in certain
circumstances. If the Institute updates the Register in accordance
with subsection (1), for example if the Institute notes that a
condition imposed on a teachers registration has been satisfied,
subsection (2) provides that it does not affect the retention period
of the particulars of that action under section 2.6.54G.
The Institute may correct errors in the Register under
subsection (3).
14
PART 4--MEMBERSHIP OF THE COUNCIL OF THE
VICTORIAN INSTITUTE OF TEACHING
Clause 29 amends section 2.6.6 of the Principal Act to provide for a new
composition and constitution of the Council of the Victorian
Institute of Teaching (VIT Council). Currently, the VIT Council
consists of 5 members appointed by the Governor in Council,
6 members elected in accordance with the Principal Act, and one
position for the Secretary to the Department of Education and
Early Childhood Development (Secretary) or his or her nominee.
New section 2.6.6(3) mandates that the Council consist of no
more than 12 members, including 11 members appointed by the
Governor in Council and in addition the Secretary or the
Secretary's nominee. The provision thereby abolishes elected
positions on the VIT Council.
New section 2.6.6(4) provides that the majority of the members
appointed under new subsection (3)(a) must be teachers or
persons engaged or employed as early childhood teachers.
New section 2.6.6(5) provides for the appointment of the
Chairperson of the Council, who must be a registered teacher or a
principal.
Clause 30 repeals and substitutes sections 2.6.6A and 2.6.6B of the
Principal Act. Currently section 2.6.6B of the Principal Act
contains the provisions which regulate the election of members to
the VIT Council. As the VIT Council will no longer have elected
member positions once Part 4 of this Bill commences, these
provisions are no longer required.
Substituted section 2.6.6A provides that, subject to new
section 2.6.6(4), the Minister in recommending persons to the
Governor in Council to be appointed to the VIT Council, must
ensure persons have the necessary skills, experience or
qualifications to enable the VIT Council to undertake its role and
to ensure that the persons have knowledge and experience in
particular areas.
Substituted section 2.6.6B requires the Minister to consider
recommending certain classes of persons for appointment as
members of the VIT Council. These classes of person represent
sectors of the community that the Institute's regulatory activities
impact on, including the early childhood services sector.
15
Clause 31 repeals section 2.6.63 of the Principal Act relating to elected
members. Currently, section 2.6.63 of the Principal Act requires
the Registrar of the Institute to maintain a role of electors to the
VIT Council. As the VIT Council will no longer have elected
member positions once Part 4 is commenced, this section is no
longer required.
Clause 32 inserts a transitional provision, new section 6.1.36, into the
Principal Act to provide that VIT Council is taken to be the same
body as it was prior to the changes made to its constitution by
Part 4 of this Bill.
Clause 33 repeals clause 2(2) of Schedule 2 to the Principal Act.
That clause, which applies to "authorities" established under the
Principal Act, states that an elected member holds office for
3 years and is eligible to stand for re-election except as provided
in any Order establishing the relevant authority. However, as the
VIT Council is the only authority established under the Principal
Act that still has elected members and given that the VIT Council
will no longer have elected member positions once Part 4 of this
Bill commences, this clause is no longer required.
Clause 34 repeals clause 6 of Schedule 5 to the Principal Act. This clause
provides the Minister with a regulation-making power in relation
to the election of members to the VIT Council. Given that the
VIT Council will no longer have elected member positions once
Part 4 of this Bill commences, this clause is no longer required.
PART 5--REGISTRATION OF EARLY CHILDHOOD
TEACHERS
Clause 35 inserts the definitions of declared composite program, early
childhood service, national regulations, registered early
childhood teacher and temporary approval into section 1.1.3 of
the Principal Act.
The definition of declared composite program captures a
preschool program delivered in a school where the class includes
school children (i.e. a composite class) and there are fewer than
6 children in the school, which is an arrangement that is not
regulated by the Education and Care Services National Law
Act 2010 (National Law), and allows the Minister to declare that
it is an early childhood service for the purposes of this Act.
16
The definition of early childhood service encapsulates the
different types of education and care services and children's
services provided in Victoria including include long day care
services, family day care services, outside school hours services
and preschool programs.
The definition of early childhood in the Principal Act, which
states that early childhood is the period of up to 6 years of age, is
repealed by this Bill as the definition will only be used in Part 2.5
of the Bill once Part 5 of the Bill commences. The definition has
been replicated in Part 2.5.1 by operation of clause 41 of this Bill.
Clause 36 inserts the definition of early childhood teacher, into
section 2.3.1 of the Principal Act. It is defined by reference to
section 2.6.1 of the Principal Act.
Substitutes a reference to "school" in the definition of Teacher
with "school, but does not include an early childhood teacher" in
order to distinguish the two different types of teachers that will
be regulated under Part 2.6 following commencement of Part 5 of
this Act.
Repeals the definition of teaching staff in the Principal Act as the
defined term is no longer used in that Act.
Clause 37 amends section 2.3.9 of the Principal Act to include early
childhood teachers in its remit.
Clause 37(2) amends section 2.3.9(1) of the Principal Act to
insert "or an early childhood teacher" after "teacher", extending
the prohibition on employment by a school council of a person
who has been convicted or found guilty of a sexual offence to
include early childhood teachers.
Clause 37(3) amends section 2.3.9(2) to substitute "this Act" for
"Division 3 or 4 of that Part" which is an amendment
consequential on the introduction of a new Division,
Division 3A, in Part 2.6 of the Act. This amendment will mean
that subsection (2) relates to a prohibition on employment of
non-registered school teachers only (and not persons employed as
early childhood teachers).
Clause 37(4) inserts a new subsection, 2.3.9(3), which provides
that a person is not eligible to be employed by a school council as
an early childhood teacher in an early childhood service unless
the person is registered under Division 3A of Part 2.6, or the
17
person is taken to be an early childhood teacher under
regulation 242 of the national regulations. Persons falling under
regulation 242 are exempted from the requirement to be
registered under new Division 3A in order to be employed or
engaged as an early childhood teacher.
Clause 38 amends section 2.3.10 of the Principal Act to make consequential
amendments to a school council's power to dismiss, suspend or
terminate employment so that it includes powers in relation to an
early childhood teacher.
Clause 39 amends the Principal Act to insert new subsection 2.3.10A.
New section 2.3.10A(1) provides that a person holding a
temporary approval who has at any time in any jurisdiction been
convicted or found guilty of a sexual offence is not eligible to be
employed by a school council under an exemption granted to an
early childhood service.
New section 2.3.10A(2) provides that a school council must
dismiss or remove a person who holds a temporary approval if
the temporary approval expires or is revoked under section
2.6.60E or the exemption granted to the early childhood service
expires or is revoked under section 2.6.60E.
Clause 40 amends the definition of registered in section 2.4.1 of the
Principal Act so that it does not include a person registered under
Division 3A as an early childhood teacher. That is because
Part 2.4 regulates the government teaching service, of which
persons employed or engaged as early childhood teachers are not
a part.
Clause 41 inserts the definition of early childhood into section 2.5.1 of
the Principal Act. The definition was previously contained in
section 1.1.3 of the Principal Act, however it is now only relevant
to Part 2.5 of the Act which regulates the Victorian Curriculum
and Assessment Authority.
Clause 42 amends section 2.6.1 of the Principal Act to insert new
definitions of approved early childhood teaching qualification,
early childhood teacher, kindergarten funding guidelines and
National Authority.
The definition of early childhood teacher excludes educators
within the meaning of the National Law who do not hold early
childhood teaching qualifications approved under the National
18
Law and staff members of a children's service within the meaning
of the Children's Services Act 1996 because it is not the
intention of this bill that such persons be registered in order to
deliver education and care services in an early childhood service.
Paragraphs (c) and (d) amend the definitions of fitness to teach
and misconduct in order to bring early childhood teachers within
these definitions that are used for the Institute's disciplinary
jurisdiction under Part 2.6.
Clause 43 amends section 2.6.3 of the Principal Act by insertion to clarify
the Institute's functions relating to teachers and early childhood
teachers, and to provide it with new functions regarding the
registration of early childhood teachers
Clause 43(1)(a) amends the Principal Act to insert a new
section 2.6.3(1)(ca) that provides a function of the Institute to
recommend for the approval of the Minister criteria and
standards, but not qualifications, for the registration and renewal
of registration of, or for the recognition of higher levels of
professional practice attained by, registered early childhood
teachers in early childhood services in Victoria.
Clause 43(1)(b) amends section 2.6.3(1)(d)(ii) to substitute
"teachers in Victorian schools" with "teachers and early
childhood teachers in Victorian schools and early childhood
services".
Clause 43(1)(c) amends the Principal Act to insert a new
subsection 2.6.3(1)(ea) that provides a function of the Institute to
grant registration to teach in Victorian early childhood services as
an early childhood teacher.
Clause 43(1)(d) amends the Principal Act to insert a new
subsection 2.6.3(1)(fa) that provides a function of the institute to
issue certificates of registration to those early childhood teachers
who are registered to teach in Victorian early childhood
services,".
Clause 43(1)(e) amends section 2.6.3(1)(g) to substitute with
"maintain a register of teachers and early childhood teachers who
are registered to, or have permission to, teach in schools and
early childhood services in Victoria;"
Clause 43(1)(f) amends section 2.6.3(1)(i) to insert "or an early
childhood teacher" after "teacher".
19
Clause 43(1)(g) amends section 2.6.3(1)(j) to insert "and early
childhood teachers" after "teachers".
Clause 43(1)(h) amends section 2.6.3(1)(m) to insert "and early
childhood teachers" after "teachers" where twice occurring.
Clause 43(2) amends section 2.6.3(2) to substitute "teachers in
schools" with "teachers and early childhood teachers in schools
and early childhood services" and to insert "or (1)(ca)" after
"subsection (1)(c)".
Clause 44 amends sections 2.6.6B and 2.6.6 of the Principal Act.
Subclause (1) removes redundant words, as "registered teacher"
in section 2.6.6(4) will include early childhood teachers on
commencement of Part 5.
Section 2.6.6B, introduced by clause 30 of the Bill, requires the
Minister to consider recommending certain classes of persons for
appointment as members of the Council, including persons who
are engaged or employed in early childhood services as early
childhood teachers. Clause 44 substitutes the requirement to
consider currently employed early childhood teachers to a
requirement to consider registered early childhood teachers
currently employed or engaged in early childhood services, to
reflect the new registration scheme for early childhood teachers
introduced by Part 5 of this Bill.
Subclause (2)(b) amends section 2.6.6B(d) of the Principal Act to
substitute the current requirement with "employers of registered
teachers;" as following the commencement of Part 5, this term
will capture both school and early childhood teachers.
Clause 45 amends section 2.6.7 of the Principal Act to clarify that in
relation to a person applying for registration as a teacher
under this section, who is already a registered early childhood
teacher on whom a national criminal history check has been
conducted in the previous 5 years, the Institute is not required to
conduct a national criminal history check on the applicant and
the application is not required to comply with subsection
(2)(b)(iv)-(vi) in relation to the provision of information to
enable such a check.
Clause 46 inserts "under this Division" after "registration" in section
2.6.12(3) of the Principal Act to distinguish from a new category
of registration under new Division 3A inserted by this Bill.
20
Clause 47 amends the Principal Act to insert a new division, Division 3A of
Part 2.6, which will regulate the registration of early childhood
teachers.
New section 2.6.12A of the Principal Act includes provisions to
regulate the application for registration by the Institute of early
childhood teachers. The provisions are consistent with the
provisions regulating the application for registration with the
Institute as a teacher under Division 3 of Part 2.6.
New section 2.6.12A(1) provides that an application for
registration as an early childhood teacher may be made to the
Institute.
New section 2.6.12A(2) provides details of the form of
application for registration as an early childhood teacher and
what the application must be accompanied by.
New section 2.6.12A(3) provides the application for registration
must include an authorisation for the Institute to arrange for a
State police record check both on the applicant as part of the
application process, and, if the registration is granted, on the
early childhood teacher during the period of registration.
New section 2.6.12A(4) provides that an application must include
an address for the applicant to be used for correspondence with
the Institute.
New section 2.6.12A(5) provides that the Institute may require an
applicant to provide further information or material in respect of
that application
New section 2.6.12A(6) provides that the Institute, in considering
an application for registration, must conduct a national criminal
history check on the applicant and may arrange for a State police
record check on the applicant. These requirements are subject to
new section 2.6.12B.
New section 2.6.12A(7) provides that the Institute may require
an applicant for registration to provide specified information
and undertake testing. This requirement is subject to new
section 2.6.12B.
New section 2.6.12B of the Principal Act makes provisions for
national criminal history checks and information and testing for
applications where the applicant for registration under
Division 3A is already registered under Division 3 or has
21
permission to teach under Division 4, or where the applicant
has made a simultaneous application for registration under
Division 3. The provisions ensure that a teacher who chooses to
register in more than one Division is not disadvantaged by
duplicative assessment requirements. For example, a national
criminal history check conducted in respect of a registered
teacher in the previous 5 years will serve to meet the
requirements for a national criminal history check under
Division 3A.
New section 2.6.12C of the Principal Act sets out the
qualifications required for a person to be registered as an early
childhood teacher. The requirements link into and are consistent
with the qualification requirements set out under the National
Law. This will ensure that an early childhood teacher who
obtains a qualification that enables them to be an early childhood
teacher for the purposes of the National Law in any jurisdiction
in Australia will always be considered to have met the
qualifications requirements of registration as an early childhood
teacher in Victoria under new Division 3A.
New section 2.6.12D of the Principal Act provides for the
grounds upon which a person may be registered by the Institute
as an early childhood teacher and that if the registration is
granted, the Institute may arrange for the conduct of a State
police record check on that teacher from time to time during the
period of that registration. The grounds for registration and
refusal of registration are consistent with those set out for school
teachers in Division 3 of Part 2.6.
New section 2.6.12E includes provisions for provisional
registration as an early childhood teacher where levels of
professional practice have to yet been met and sets the conditions
on that registration, including requiring the person to achieve the
standard of professional practice required for registration under
section 2.6.12C before the end of the second year after
registration, or within any further period not exceeding 3 months
as authorised by the Institute. The grounds for provisional
registration of an early childhood teacher are consistent with
those set out for provisional registration of school teachers in
Division 3 of Part 2.6.
22
New section 2.6.12F includes provisions for non-practising
registration as an early childhood teacher where the person does
not intend to undertake the duties of an early childhood teacher in
an early childhood service but wishes to maintain registration.
The grounds for non-practising registration of an early childhood
teacher are consistent with those set out for non-practising
registration of school teachers in Division 3 of Part 2.6.
New section 2.6.12G includes provisions for interim registration,
which allows the person to be employed or engaged as an early
childhood teacher in an early childhood service if the person is
entitled to that registration but it is not practicable to wait until
the Institute can consider the application. The grounds for
interim registration of an early childhood teacher are consistent
with those set out for interim registration of school teachers in
Division 3 of Part 2.6.
Clause 48 amends section 2.6.13 of the Principal Act to make amendments
in relation to the granting of permission to teach in a school.
The amendments are consequential on the introduction of a new
category of registered teacher, early childhood teachers, by new
Division 3A.
Subclause (1)(a) substitutes "registered teacher" with "teacher
registered under Division 3 of this Part" in section 2.6.13(2)(ab)
to exclude early childhood teachers.
Subclause (1)(b) inserts "subsection to section 2.6.13A" before
"accompanied by" in 2.6.13(2)(b). Clause 48(2) inserts "subject
to section 2.6.13A" before "must" in section 2.6.13(2B)(a) of the
Principal Act. These are consequential amendments to refer to
new section 2.6.13A.
Clause 49 amends the Principal Act to insert a new section, 2.6.13A.
New section 2.6.13A provides for the requirements relating to
national criminal history checks where an applicant for
permission to teach is a registered early childhood teacher or the
applicant is applying concurrently for registration as an early
childhood teacher. As with new section 2.6.12B, the provisions
ensure that a teacher who chooses to register in more than one
Division is not disadvantaged by duplicative assessment
requirements.
23
Clause 50 insert new section 2.6.14(5) into the Principal Act which provides
that permission to teach does not permit a person to be employed
by or engaged in an early childhood service as an early childhood
teacher.
Clause 51 amends section 2.6.16(2)(a)(i) of the Principal Act to make
consequential amendments to acknowledge that a person may be
registered as a teacher under Division 3A upon commencement
of Part 5 of this Bill.
Clause 52 amends section 2.6.17 of the Principal Act to make consequential
amendments to the provisions dealing with the duration and
renewal of registration in order to recognise the new category of
registration as an early childhood teacher under new Division 3A.
Clause 53 amends section 2.6.18 of the Principal Act.
New section 2.6.18(1D) of the Principal Act provides that an
application for renewal of registration under Division 3A is not
required to comply with subsection (1A)(a)(ii) and (iii), which
relate to the provision of information and authorisation to enable
a national criminal history check, if made at the same time as an
application by the applicant for renewal of registration under
Division 3.
Clause 54 amends section 2.6.20(1) of the Principal Act to extend the
ability of the Institute to conduct a hearing into purported
registration by fraud to the registration of early childhood
teachers.
Clause 55 amends section 2.6.21 of the Principal Act, which relates to the
payment by a registered teacher of an annual registration fee.
Clause 55(1) amends section 2.6.21(2) of the Principal Act to
permit suspension of both registrations held by a teacher in event
of non-payment.
Clause 55(2) amends the Principal Act to insert a new
section 2.6.21(2A). New section 2.6.21(2A) of the Principal
Act provides that despite subsection (2), if the registered teacher
fails to pay the annual registration fee for the teacher's second
registration without reasonable excuse by the specified date, the
Institute may suspend only the second registration of the teacher.
Clause 55(3) amends section 2.6.21(3) of the Principal Act to
insert "or (2A)" after "subsection (2)".
24
Clause 55(4) amends the Principal Act to insert a new
section 2.6.21(4). New section 2.6.21(4) provides the definition
for second registration to recognise that some persons may be
registered under both Division 3 and new Division 3A, or hold
permission to teach and registration under Division 3A.
Clause 56 amends section 2.6.22A(4) of the Principal Act, so that if the
registered teacher fails to pay the fee for the national criminal
history check without reasonable excuse by the specified date,
the Institute may suspend all of the teacher's registrations.
Clause 57 amends section 2.6.23(2) of the Principal Act to make
consequential amendments to extend the power of the VIT to
request information about criminal records of a registered teacher
to registered early childhood teachers.
Clause 58 amends section 2.6.24 of the Principal Act to make amendments
to the Register of Registered Teachers consequent upon the
introduction of a new category of registration as an early
childhood teacher.
Subclause (2) inserts new section 2.6.24(ab) of the Principal Act
to provide that the Division under which the teacher is registered
is to be recorded on the Register.
Clause 59 amends section 2.6.26(a) of the Principal Act so that the
provision allowing the Institute to issue a certificate certifying
that a person is or is not, was or was not, a registered teacher at
a specified date also applies to early childhood teachers.
Clause 60 amends the heading to Division 7A of Part 2.6 of the Principal
Act to substitute "in schools" with "and early childhood teachers"
as the provisions requiring employers to provide the Institute
with details of their teachers will also apply to early childhood
teachers.
Clause 61 amends the Principal Act to insert a new section 2.6.26B.
New section 2.6.26B(1) of the Principal Act provides that the
Institute may request a person or body who employs or engages
persons as early childhood teachers in or for an early childhood
service, to provide within 28 days of a request, details of the
name, registration number and date of birth of all or any of those
persons in respect of the date or dates and in the manner
determined by the Institute. The proposed new section reflects
25
changes by this Bill and replicates section 2.6.26A for the
purposes of early childhood teachers.
Clause 62 amends section 2.6.27 of the Principal Act to ensure that the
ability of the Institute to suspend a registration or permission to
teach if the person is charged with a sexual offence applies to all
registrations held by the person.
Clause 63 amends section 2.6.28 of the Principal Act, which deems that the
effect of a suspension is that a teacher is deemed not to be
registered for that period, to capture early childhood teachers
whose registration has been suspended under the Principal Act.
Clause 64 amends section 2.6.29 of the Principal Act, which effects the
automatic cancellation of registration or permission to teach,
without inquiry, of a teacher convicted or found guilty of a sexual
offence, and extends that provision to early childhood teachers.
Clause 65 substitutes section 2.6.29A(2) of the Principal Act, which
regulates the manner by which a registered teacher may ask the
Institute to suspend his or her registration or to impose a
condition on the registration, so that the provisions are extended
to include one or both registrations of a teacher.
Clause 66 amends section 2.6.29BA of the Principal Act, which enables the
Institute a discretion to determine that it is not appropriate or in
the public interest to record the suspension of a teacher's
registration, or a condition on their registration, in the Register of
Disciplinary Action, and extends that ability to registered early
childhood teachers.
Clause 67 amends the Principal Act to insert a new section, 2.6.30(3) to
provide that if the teacher holds registration under more than one
Division, a notification by the Institution of a discipline inquiry
under subsection (2) must also state the registration to which the
inquiry relates.
Clause 68 amends the Principal Act to insert a new section 2.6.33B(2A).
New section 2.6.33B(2A) provides that a notice under subsection
(2) to a teacher holding registration under more than one Division
of Part 2.6 must state the registration to which the investigation
relates and that on completion of an investigation, a
recommendation may be made in relation to both registrations, to
reflect the insertion of section 2.6.34(1A) by this Bill.
26
Clause 69 amends the Principal Act to insert a new section 2.6.34(1A).
New section 2.6.34(1A) provides that if a teacher holds
registration under more than one Division of Part 2.6, a
recommendation under subsection (1)(d) may be made in relation
to one or both registrations.
Clause 70 amends section 2.6.38 of the Principal Act so that where a notice
of an informal hearing is issued to a teacher holding registration
under more than one Division of Part 2.6, it must state the
registration to which the hearing relates and include information
on how the findings of the panel can apply to the registrations of
the teacher.
Clause 71 amends section 2.6.41C of the Principal Act so that where a
notice of a medical hearing is issued to a teacher holding
registration under more than one Division of Part 2.6, it must
state the registration to which the hearing relates and include
information on how the findings of the panel can apply to
teachers holding registration under more than one Division of this
Part.
Clause 72 amends the Principal Act to insert a new section, 2.6.41E(2A) to
provide that a recommendation under subsection (2) may be
made in relation to one or both registrations where a teacher
holds registration under more than one Division of this Part.
Clause 73 amends section 2.6.44 of the Principal Act so that where a notice
of a formal hearing is issued to a teacher holding registration
under more than one Division of Part 2.6, it must state the
registration to which the hearing relates and include information
on how the findings of the panel can apply to the registrations of
the teacher.
Clause 74 amends section 2.6.46(2) of the Principal Act.
Clause 74(1) amends section 2.6.46(2)(k) of the Principal Act to
substitute "Divisions 3 or 4" with "Divisions 3, 3A and 4" so that
a formal hearing panel may also disqualify a person from
registration as an early childhood teacher.
Clause 74(2) amends the Principal Act to insert a new
section 2.6.46(2A).
27
New section 2.6.46(2A) provides that if the teacher holds
registration under more than one Division of Part 2.6, the panel
may make a determination under subsection (2)(h), (i) or (j) in
relation to one or both registrations.
Clause 75 amends section 2.6.54C of the Principal Act, which prescribes
the particulars to be included in the Register of Disciplinary
Action, to ensure that disqualification from registration as an
early childhood teacher is recorded on the Register.
Clause 76 amends section 2.6.55(1)(d)(iii) of the Principal Act, which
enables a person to apply to VCAT for review of particular
decisions of the Institute, to substitute "Division 3 or 4" with
"Divisions 3, 3A and 4" to ensure that registered early childhood
teachers can access the appeal rights under this provision.
Clause 77 amends section 2.6.56 of the Principal Act to make consequential
amendments to clarify the provisions relate to teacher registered
under Division 3.
Clause 78 amends the Principal Act to insert new sections 2.6.56A
and 2.6.56B.
New section 2.6.56A of the Principal Act provides a statutory
offence relating to unregistered early childhood teachers.
New section 2.6.56A(1) of the Principal Act provides that a
person or body must not employ or engage a person as an early
childhood teacher in an early childhood service unless the person
is a registered early childhood teacher, holds a temporary
approval that permits the person to be engaged or employed in
the early childhood service for the purposes of meeting funding
requirements in the kindergarten guidelines or is taken to be an
early childhood teacher under regulation 242 of the national
regulations.
New section 2.6.56A(2) of the Principal Act provides that a
person is not employed or engaged as an early childhood teacher
only for the reason that the person is taken to be an early
childhood teacher under regulation 135 of the national
regulations or taken to be a teaching staff member under
regulations made under the Children's Services Act 1996.
Regulation 135 of the national regulations provides for early
childhood teacher absences and allows the early childhood
service to replace the teacher on leave with another person who
28
holds a specified qualification. Under regulations made under
the Children's Services Act 1996, a person holding a specified
qualification may be taken to be a teaching staff member to cover
an absence from the service because of illness or annual leave.
New section 2.6.56B of the Principal Act provides a statutory
offence relating to employment of an unregistered person for
early childhood teacher requirements.
New section 2.6.56B(1) of the Principal Act provides that a
person or body must not employ or engage a person in an early
childhood service for the purpose of meeting requirements under
the national regulations for attendance of or access to early
childhood teachers unless the person is a registered early
childhood teacher or is taken to be an early childhood teacher
under regulation 242 of the national regulations.
Regulation 242 of the national regulations allows a person
holding specified qualifications to be taken to be an early
childhood teacher in order for an early childhood service to meet
the requirements for the percentage of time a service must have
access to an early childhood teacher.
New section 2.6.56B(2) of the Principal Act provides that person
or body must not employ or engage a person in an early
childhood service for the purpose of meeting requirements under
Children's Services Act 1996 or regulations made under that
Act for attendance of or access to teaching staff members unless
the person is a registered early childhood teacher.
New section 2.6.56B(3) of the Principal Act provides that a
person or body must not employ or engage a person in an early
childhood service for the purpose of meeting requirements in the
kindergarten funding guidelines for attendance of or access to
early childhood teachers unless the person is a registered early
childhood teacher, holds a temporary approval that permits the
person to be engaged or employed in the early childhood service
for the purposes of meeting those requirements or is taken to be
an early childhood teacher under regulation 242 of the national
regulations.
New section 2.6.56B(4) of the Principal Act provides that a
person is not employed or engaged for the purpose of meeting
requirements for attendance of an early childhood teacher or
teaching staff member only for the reason that the person is taken
to be an early childhood teacher under regulation 135 of the
29
national regulations or taken to be a teaching staff member under
regulations made under the Children's Services Act 1996.
Clause 79 amends section 2.6.58(1) of the Principal Act to distinguish
between the two categories of teacher registration effected by this
Bill.
Substituted section 2.6.58(1) of the Principal Act provides that a
person who is not registered as a teacher under Division 3 must
not claim or hold him or herself out as being or having been
registered as a teacher under Division 3. This partially re-enacts
current section 2.6.58(1) so that it applies only to school teachers.
New section 2.6.58(1A) of the Principal Act provides that a
person who has not been granted permission to teach must not
claim to be or to have been, or hold himself or herself out as
being or having been, granted permission to teach. This partially
re-enacts current section 2.6.58(1) so that it applies only to
permission to teach.
New section 2.6.58(1B) of the Principal Act provides that a
person who is not registered as an early childhood teacher under
Division 3A must not claim to be or to have been, or hold himself
or herself out as being or having been, registered as an early
childhood teacher under Division 3A.
New section 2.6.58(1C) of the Principal Act provides that a
person or body must not represent a person to be a registered
early childhood teacher if the person knows or ought reasonably
to know that the person is not registered as an early childhood
teacher under Division 3A.
Clause 80 amends section 2.6.59(1) of the Principal Act to insert
"registered" before "teacher's" to clarify that the provision also
relates to early childhood teachers.
Clause 81 amends the Principal Act to insert a new division, Division 15A
of Part 2.6. Under this Division, certain persons and early
childhood services will be exempted from the new early
childhood teacher registration scheme if, upon application to the
Secretary, the Secretary is satisfied that the requirements of new
Division 15A are met.
New section 2.6.60A includes provisions to allow the Secretary
to grant an early childhood service an exemption from the
requirement to employ a registered early childhood teacher.
30
New section 2.6.60A(1) provides that the Secretary may grant an
exemption to an early childhood service under circumstances set
out in that section, including where the service holds a waiver
under the National law or children's services exemption.
New section 2.6.60A(2) provides that an exemption granted
under subsection (1) permits the early childhood service to
employ or engage a person holding a temporary approval in place
of a registered early childhood teacher for the purpose of meeting
funding requirements in the kindergarten funding guidelines.
New section 2.6.60A(3) provides that an exemption granted
under subsection (1) is valid for the period specified in it, not
exceeding 12 months.
New section 2.6.60A(4) provides that the Secretary may impose
any condition on an exemption granted under subsection (1) as
the Secretary thinks fit.
New section 2.6.60A(5) provides that the Secretary may vary or
revoke any condition imposed under subsection (4) by notice.
New section 2.6.60A(6) provides for the definitions of children's
services exemption and waiver.
New section 2.6.60B provides for an application for a temporary
approval to be employed or engaged in a position that would, but
for the exemption issued under section 2.6.60A, require the
employment of an early childhood teacher.
New section 2.6.60B(1) provides that a natural person who does
not hold an approved early childhood teaching qualification may
apply to the Secretary for a temporary approval.
New section 2.6.60B(2) provides that an application for a
temporary approval must be in the form approved by the
Secretary and accompanied by a copy of the applicant's current
assessment notice under the Working with Children Act 2005
or evidence that the applicant has applied for an assessment
notice under the same and the fixed application fee.
New section 2.6.60B(3) provides that an application under this
section must specify the early childhood service at which the
applicant is proposed to be employed or engaged and be
accompanied by information about the exemption granted to the
early childhood service under section 2.6.60A or the application
made by the service for an exemption.
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New section 2.6.60B(4) provides that the Secretary may require
an applicant under this section to provide information relating to
the applicant's qualifications or education currently being
undertaken or the applicant's relevant employment experience.
New section 2.6.60C makes provision for the grant of temporary
approval.
New section 2.6.60C(1) provides that the Secretary may grant an
applicant temporary approval if the Secretary is satisfied that the
applicant is suitable to be employed or engaged in an early
childhood service in place of a registered early childhood teacher
for the purpose of meeting funding requirements in the
kindergarten funding guidelines.
New section 2.6.60C(2) provides that the Secretary must not
grant a temporary approval to an applicant who does not hold a
current assessment notice under the Working with Children Act
2005.
New section 2.6.60C(3) provides that the Secretary must not
grant a temporary approval to a person who has, at any time and
in any jurisdiction, been convicted or found guilty of a sexual
offence.
New section 2.6.60C(4) provides for the Secretary to publish
criteria on the Department's website for assessing suitability of an
applicant for grant of a temporary approval.
New section 2.6.60D provides for the duration and conditions of
temporary approvals.
New section 2.6.60E provides for revocation of exemptions and
temporary approvals.
New section 2.6.60F provides for the provision of information to
the Secretary where a person who holds a temporary approval
ceases to be employed or engaged under section 2.6.60A(2) at the
early childhood service specified in the approval.
Clause 82 amends section 2.6.68(2)(a) of the Principal Act to make it clear
that the functions of the accreditation Committee established by
the Institute under that section only apply to persons registering
under Division 3.
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Clause 83 amends the Principal Act to insert a new section 2.6.77A to
provide for the fixing of fees for second registrations, where a
teacher is registered or applying for registration under more than
one Division.
Clause 84 amends section 5.10.2(4)(a)(ii) of the Principal Act to extend the
regulation making power to allow the making of regulations that
will apply to all early childhood services, a specified early
childhood service or a class of services.
Clause 85 amends section 5.10.4(6)(a)(ii) of the Principal Act to allow the
making of Ministerial Orders to apply to all early childhood
services, a specified early childhood service or a class of
services.
Clause 86 amends Schedule 5 of the Principal Act to extend that regulation
making power to early childhood teachers.
Clause 87 amends Schedule 5 of the Principal Act to insert new clause 5A
to provide for regulations in relation to temporary approvals.
Clause 88 amends the Principal Act to insert new sections 6.1.37 and 3.1.38
New sections 6.1.37 and 6.1.38 are transitional and saving
provisions for Part 5 of the Bill.
New section 6.1.37(1) provides the definition for current early
childhood teacher and relevant day. The relevant day is the day
6 months after the day that section 47 commences, i.e. 6 months
after the commencement of the registration scheme.
New section 6.1.37(2) provides that a person or body does
not commit an offence before the relevant day under new
sections 2.6.56A or 2.6.56B for employment or engagement of
a current early childhood teacher who is not registered.
New section 6.1.37(3) provides that on and after the relevant
day, a person or body does not commit an offence under
sections 2.6.56A or 2.6.56B for employment or engagement of
a current early childhood teacher who is not registered if the
current early childhood teacher applied for registration under
Division 3A on or before the relevant day and the application has
not yet been determined.
New section 6.1.37(4) provides that despite the commencement
of section 2.3.9(3)(a), a current early childhood teacher who is
not registered may be employed by a school council before the
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relevant day, and after that day if their application for registration
was made prior.
New section 6.1.37(5) provides that a registered teacher or a
current early childhood teacher who applies for registration under
Division 3A on or before the relevant day, is taken to meet the
requirements for professional practice under section 2.6.12A.
New section 6.1.38 includes a transitional and saving provision
that provides that the Council of the Victorian Institute of
Teaching is taken to be the same body on and after the
commencement of clause 44 of this Bill as it was before the
changes made to its constitution effected by clause 44 of the Bill.
PART 6--CONSEQUENTIAL AMENDMENTS TO OTHER
ACTS
Clause 89 amends sections 3 and 182 of the Children, Youth and Families
Act 2005 to widen the scope of mandatory reporting provisions
in section 182 that apply to school teachers so that they also
apply to registered early childhood teachers.
Clause 90 amends section 19B of the Child Employment Act 2003 so that
registered early childhood teachers are persons who are exempt
from the requirements of the Working with Children Act 2005
as applied and modified by the Child Employment Act 2003 to
have a current assessment notice under the Working with
Children Act 2005 and to undergo a working with children
check under Part 2 of that Act in respect of their supervision of a
child.
Clause 91 amends section 16 of the Fundraising Act 1998 so that the
requirements of Part 3 of that Act relating to conduct of
fundraising appeals do not apply to an early childhood service
that employs a registered early childhood teacher, a person
holding a temporary approval or a person taken to be an early
childhood teacher under regulation 242 of the National
regulations, to provide a preschool program.
Clause 92 amends section 30 of the Working with Children Act 2005 so
that registered early childhood teachers are exempt from the
requirement to have a working with children check.
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PART 7--REPEAL OF AMENDING ACT
Clause 93 provides for the repeal of the amending Act on 31 December
2016.
The repeal of the Act does not affect the continuing operation of
the amendments made by the Act (see section 15(1) of the
Interpretation of Legislation Act 1984).
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