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Education and Training Reform Bill
Introduction Print
EXPLANATORY MEMORANDUM
General
The Bill will replace 11 Acts dealing with education and training, and also
Division 8A of Part III of the Community Services Act 1970 (which deals
with the obligations of parents to send their child to school).
The 11 Acts relating to education and training comprise the--
· Education Act 1958;
· Adult Community and Further Education Act 1991;
· Vocational Education and Training Act 1990;
· Tertiary Education Act 1993;
· Teaching Service Act 1981;
· Victorian Curriculum and Assessment Authority Act 2000;
· Victorian Qualifications Authority Act 2000;
· Victorian Institute of Teaching Act 2001;
· Baxter Technical School Land Act 1982;
· Educational Grants Act 1973; and
· Education (Special Developmental Schools) Act 1976.
The Bill does not affect the individual University Acts. The Bill updates the
current legislation relating to education and training by--
· removing obsolete provisions;
· updating provisions and re-enacting others that are up-to-date;
· inserting new provisions including principles and other reform
matters;
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551276 BILL LA INTRODUCTION 8/2/2006
· grouping together provisions currently spread across a number
of Acts dealing with similar subject matter;
· merging, simplifying and introducing a consistent approach in
those sections grouped together.
Main Changes
The following is a summary of the main changes to the current Acts--
· PRINCIPLES. Clauses 1.2.1 and 1.2.2 insert sets of
principles. Regulations will be made to implement the
principles listed at clause 1.2.1(a), (c), (e) and (f).
The principles at clause 1.2.2 (2)(a), (b) and (c) are given legal
effect by other provisions in the Bill, and clause 1.2.2(2)(d)
will be implemented by administrative arrangements.
· GOVERNMENT SCHOOLS. State schools are to be called
Government schools and they must be registered as do current
non-Government schools.
· SCHOOL DEFINITION. There is a new definition of
"school" in clause 1.1.3. It is modelled on the definition in
most other States and is designed to be wider than the current
section 35 of the Education Act 1958 which only covers
assemblies of persons.
· SCHOOL REGISTRATION CRITERIA. The criteria for
the registration of schools will change from those in the current
section 42 of the Education Act 1958, to prescribed minimum
standards.
· SCHOOL LEAVING AGE. The school leaving age is
increased from 15 to 16 years of age. On turning 16, children
will be able to leave school, although the vast majority
continue their studies beyond that age.
· RELIGIOUS INSTRUCTION. The position on religious
instruction in Government schools is clarified, so as to permit
discussion of events or topics that involve religion, whilst
maintaining the current position that religious instruction is
voluntary and can only be given by accredited instructors.
· HOME SCHOOLING. Parents who prefer to educate their
child at home rather than sending them to school will need to
seek approval for home schooling.
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· FREE INSTRUCTION. Clause 2.2.4 provides for free
instruction in Government schools to students under 20 years
of age on 1 January. The current section 22(2) of the
Education Act 1958 limits free instruction to "pupils" but
does not define "pupils".
· VOLUNTARY CONTRIBUTIONS. The position on
voluntary financial contributions in Government schools is set
out in clause 2.2.7 and includes guarantees against coercion or
harassment as well as other safeguards.
· NEIGHBOURHOOD GOVERNMENT SCHOOL.
Clause 2.2.13 provides a child with the right to attend his or
her designated neighbourhood Government school.
· FEES AND CHARGES. Clause 2.3.6 (1)(c) enables school
councils to charge parents for matters supplied to students.
This is subject to clause 2.2.4 which provides for free
instruction in the learning areas in Schedule 1 and is also
subject to Ministerial Order.
· Students aged 20 years and over may be charged fees.
· COUNCILS OF GOVERNMENT SCHOOLS.
The following are the main changes to the provisions on
school councils--
· A council may be established for a proposed school.
· Council members may receive reimbursement of
reasonable expenses.
· Clause 2.3.4 is new and sets out the objective of a
council.
· The function statement for councils is updated in clause
2.3.5 with (a), (b) and (i) being new. In particular,
(a) gives a council a general power to supply or arrange
for any matters for a school.
· The wider and revised powers of school councils are in
clause 2.3.6. In particular, sub clause (1)(d) is a new
general power which enables a council to do anything
necessary or convenient for meeting its objectives or
performing its functions, subject to the limits expressed
in clause 2.3.6(3).
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· The delegation powers of councils have been widened at
clause 2.3.15, so as to enable a council to delegate its
powers to any person or body.
· The school plan referred to at clause 2.3.24 will replace
the current school charter that councils are required to
have under the Education Act 1958.
· The position of councils under the Financial
Management Act 1994 is being clarified. For the
future, clause 2.3.30 requires that the report of
operations of the Department under the Financial
Management Act 1994 is to include a summary of the
information provided by councils in their annual reports.
· Clause 2.3.2 (2)(c) expands the Ministerial Order
making power to enable the imposition of duties on
individual members of councils, to reflect the approach
taken in the Public Administration Act 2004.
· RSB and VQA. The Registered Schools Board (RSB) and
Victorian Qualifications Authority (VQA) are abolished.
Their current functions will be assumed by the new Victorian
Registration and Qualifications Authority (VRQA).
The VRQA will also take over the Minister's current powers
in the Tertiary Education Act 1993 to accredit courses in
higher education and approve and authorise providers of higher
education.
· VRQA. The new Victorian Registration and Qualifications
Authority will be responsible for--
· the registration of all schools (both Government and
non-Government) and students undertaking home
schooling;
· in relation to years 11 and 12 of schooling and in
Vocational Education and Training or in further
education--
· accrediting courses;
· authorising providers of accredited courses;
· registering qualifications;
· authorising providers to award registered
qualifications;
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· in relation to higher education--
· accrediting courses; and
· approving and authorising providers of higher
education;
· approving all providers of courses to overseas students.
The VRQA's functions will result in the merger of the powers currently
exercised by 3 authorities--the RSB in respect of registering
non-Government schools, the VQA in respect of accredited courses and
providers and the Minister in respect of higher education and overseas
students in non-Government schools or in higher education.
The other main changes to the current VQA provisions are--
· Clause 4.3.10 clarifies the ability of schools to be registered
training organisations.
· Clause 4.9.4 authorises the VRQA to disclose information to
Commonwealth bodies, such as the Department of Education,
Science and Training and the Department of Immigration and
Multicultural and Indigenous Affairs. This is necessary to
enable the VRQA to manage risks associated with overseas
students and other courses that involve the Commonwealth.
· Clause 4.5.1 (5) amends the current section 27(5) of the VQA
Act to enable the VRQA to approve a provider of courses to
overseas students for up to 5 years, rather than a fixed 5 year
period. This change mirrors the Education Services for
Overseas Students Act 2000 of the Commonwealth and other
provisions of the current VQA Act.
· Clause 4.2.3 clarifies the authority's ability to exercise its
powers outside Victoria.
· VLESC. The Victorian Learning and Employment Skills
Commission is being renamed the Victorian Skills
Commission.
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· MINISTER'S POWERS AND FUNCTIONS.
The Minister's powers and functions have been updated in
the following areas--
· Industry Training Boards, approved training agents
and bodies to advise the Minister on post secondary
education will in future be established by the Minister.
They are currently established by the Governor in
Council.
· The powers to provide education or training outside
Victoria have been strengthened (ref. clause 5.2.10).
· There is an express power to require financial
agreements from persons receiving moneys from the
State for educational purposes (ref. clause 5.2.13).
This is required because of the repeal of the
Educational Grants Act 1973.
· Multi-sector arrangements are given special provisions
(ref. clause 5.2.4).
· The Minister's common law powers to do anything that
is "necessary or convenient to be done in or in
connection with the functions of the Minister" under the
Bill or other Act is stated in clause 5.2.3, as well as
clarifying the Minister's powers to determine policy,
issue guidelines or seek information.
· Obligations are placed on education bodies to supply
information required by the Minister for the effective
monitoring, development and planning of education and
training (ref. clause 5.1.2).
· Clause 5.2.11 updates the Minister's powers of
delegation so as to provide a consistent approach across
the whole portfolio and to cover all the Minister's
powers under the Bill, but subject to important
limitations listed in that clause.
· ANTA. The repeal of the Australian National Training
Authority Act of the Commonwealth and the passing of the
Skilling Australia's Workforce Act 2005 of the Commonwealth
necessitated various amendments to the Vocational Education
and Training and Victorian Qualifications Authority
provisions.
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· IMMUNITIES FROM LEGAL ACTION. The Bill updates
the immunities in the current provisions, in line with
Government policy, by--
· removing the immunities for the Victorian Learning and
Employment Skills Commission, TAFE councils,
Industry Training Boards, Adult Community and
Further Education Regional Councils, the Adult
Community and Further Education Board and the
Minister and Secretary; and
· inserting an immunity for members of the Merit
Protection Boards and Discipline Appeals Board in
respect of the Teaching Service and members of
Victorian Institute of Teaching panels who hear
discipline matters.
· OBSOLETE ACTS. The Bill will replace the following
Acts--
Baxter Technical School Land Act 1982
This Act authorised the Minister to lease part of the school's
land to the Commonwealth for defence purposes, to construct
certain buildings on the land and to establish a joint committee
of management for the leased land.
The Commonwealth owned lands adjacent to the school and it
transferred those lands to the Minister in consideration of the
Minister constructing certain buildings on the land and granting
a lease back to the Commonwealth over the same lands.
This Act is spent. Any new lease will be entered under the
Minister's general power to enter leases rather than having a
special Act for the purpose.
The Education Grants Act 1973 specifies a capitation grant,
in respect of each primary pupil and for each secondary pupil,
to be paid to the school authority of a "non-government
school". The Act has been overtaken by a number of
developments at both the Commonwealth and State levels and
is being repealed. It is being replaced by clause 5.2.13 which
authorises the Minister to require any person or body to enter
an agreement as a condition of receiving any State government
funding.
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Education (Special Developmental Schools) Act 1976
This Act is out of date and superfluous. It provides for long
service and sick leave entitlements of members of the teaching
service employed in a special developmental school.
The provisions in the Act will be replaced by a Ministerial
Order to the same effect.
Particular provisions needing further explanation
· Clause 1.1.2 provides that the Bill is to commence on a day or
days to be proclaimed, but not later than 31 December 2007.
This has the potential for the Bill, or parts of it, to commence
more than 12 months after its Royal Assent. The reasons for
the delayed sunrise date are as follows--
· There are some provisions (such as increasing the
compulsory school age to 16, or the requirement for all
schools to be registered) that should coincide with the
start of a school year, so the sunrise date of
31 December has been selected.
· The reason for selecting 2007 is to allow sufficient time
to prepare regulations prescribing the criteria for the
registration of all schools and home schooling and to
give all persons adequate notice of the new regulations.
It is expected that it will take 12 months to finalise those
regulations.
· Clause 2.3.15 widens the delegation powers of councils of
Government schools, and enables them to delegate matters to
"another person or body". The broad delegation power is
intended to support different forms of school education
provision which might emerge through the Capital Investment
and Access Policy and under clause 5.2.4 which covers multi
sector arrangements. For example, a group of schools may
decide to form a federation and delegate some (or all) powers
to an overarching council; two schools may form an
association with a TAFE provider and thereby create a new
governance body.
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· Councils are subject to directions of the Minister, and the
directions could limit the persons to whom delegations may be
made. The section and directions will also provide the
flexibility as circumstances change in the future without having
to seek further legislative changes and to meet the requirements
of school councils that need special delegation powers to meet
their special circumstances.
· Clause 2.1.14 provides that in any proceeding for a breach of a
parent's duty to send a child to school or to receive instruction,
the burden of proving the grounds of an excuse lies on the
defendant. This clause reflects the current section 74F(a) of
the Community Services Act 1970. The clause is not
considered to involve a reversal of the legal burden of proof.
The defendant, if pleading one of the excuses listed in
clause 2.1.3 or any other excuse, would have to establish the
facts giving rise to the excuse. If the facts of the defence are
raised by the defendant, the legal burden of proof passes back
to the prosecution to establish its case.
· Clauses 2.3.10 and 2.4.58 provide that a school council and the
Secretary must dismiss a teacher or any member of the
teaching service convicted or found guilty of a sexual offence
against a child. Clause 2.6.29 states that a teacher ceases to be
registered by the VIT if convicted or found guilty of a sexual
offence. The clauses repeat sections in the current Education,
Teaching Service and VIT Acts and do not provide an appeal
right against the operation of the clauses.
The reason for not providing a right of appeal is because--
· a conviction or finding of guilt for a sexual offence
against a child destroys the trust that must exist between
a parent, the school and teacher, as well as between the
Department and the employee;
· the Department is charged with the care and
responsibility of children, and it is inconsistent with that
responsibility to employ persons found guilty or
convicted of sexual offences against children;
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· the Government has adopted a policy of zero tolerance
in respect of teachers convicted of sexual offences
against children;
· Employees do have the right to submit that a case of
mistaken identity has occurred, or that an incorrect
criminal record has been received. These cases are
handled administratively by internal processes;
· Also the unfair dismissal laws of the Commonwealth
may provide rights to employees to seek redress under
that Act.
· Clauses 2.6.22 and 5.3.4 authorise the Victorian Institute of
Teaching and the Secretary to obtain a criminal record check
without a teacher's or employee's consent. They repeat
sections in the current VIT and Education Acts. The clauses
may raise privacy issues, as criminal record checks can
normally only be undertaken with the consent of a person.
The sections in the current Acts were recently inserted to
undertake criminal record checks on a number of teachers and
employees who had not undergone a criminal record check
before being employed or registered by the VIT. The power
has been retained as it also enables the VIT and the Department
to follow up any information it may receive concerning a
person's background, as well as checking the validity of any
information supplied by a person, or following up a criminal
record check which has not disclosed offences beyond a certain
date.
· Clause 2.6.27 is new and permits the Victorian Institute of
Teaching to suspend the registration of a teacher charged with
a sexual offence against a child, after giving notice to the
teacher and the opportunity to make submissions. The clause
may raise issues of fairness, as a person is presumed to be
innocent until convicted or found guilty.
· The reason for inserting the clause is because a range of
circumstances may warrant suspending the registration, or
other students may need to be protected, or there is a need to
uphold the reputation of the teaching profession.
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· The circumstances that may warrant suspending the
registration include where the teacher has made admissions or
pleaded guilty to the offence, or where the evidence is
overwhelming.
· Other students may need to be protected if the teacher leaves
the current employer and seeks employment at another school
pending the hearing of the charges. The reputation of the
teaching profession may need protection if no action is taken
by the school against the teacher.
· Clause 5.3.3 contains the Secretary's delegation powers.
Apart from some minor limitations, they largely enable the
Secretary to delegate powers to "any person". The section
mirrors section 18 of the Public Administration Act 2004
which enables a public service body head (which includes the
Secretary as a Department Head) to delegate powers under that
Act to "any person". The reasons for providing the Secretary
with a wide delegation power are--
· most of the Secretary's powers relate to employment
matters, which cover those employed under the
Government teaching service (under the Bill) and also
administrative staff under the Public Administration
Act 2004, and it is preferable that the delegation powers
under both Acts be the same;
· the delegation power enables the Secretary to delegate
matters to other persons such as contractors with
expertise, or retired officers engaged to conduct
investigations or discipline enquiries. For example, a
recent matter involved a delegation to a person who was
retired Departmental officer and an officer of another
Department.
· Clause 5.10.5 repeats section 11(5) of the Teaching Service
Act 1981 to enable Orders in respect of the Teaching Service
to be retrospective in operation. This is necessary to enable
salary increases and other entitlements to be awarded from a
date before the making of the Order.
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Clause Notes
CHAPTER 1--GENERAL
PART 1.1--PRELIMINARY
Clause 1.1.1 sets out the purpose of the Act.
Clause 1.1.2 provides that the preliminary sections of the Bill and some
savings provisions come into operation on the Assent of the
Act. The remaining provisions of the Bill come into
operation on a day or days to be proclaimed, and that unless
proclaimed beforehand come into operation on 31 December
2007.
Clause 1.1.3 contains important definitions. The following definitions
have been updated or are new.
The definition of "Adult Community and Further
Education" has been updated to reflect current practices so
as to cover all secondary education for adults rather than the
current "full time" secondary education for adults.
"Commission" is defined to mean the Victorian Skills
Commission, which will be the new name for the current
Victorian Learning and Employment Skills Commission
established under the Vocational Education and Training
Act 1990.
"Compulsory school age" is defined as being not less than 6
nor more than 16 years of age. The 16 years is an increase
from the 15 years specified in the current section 3 of the
Education Act 1958. The current compulsory school age of
15 years has applied since 4 February 1964. Increasing the
age to 16 reflects the importance that a good education plays
in obtaining employment as well as contributing to society,
and reflects the position in other jurisdictions. On reaching
16 years of age, a child will be able to leave school, however
most continue their schooling beyond their 16th birthday.
"Government school" is the new term to replace "State
school". The term "Government" school has been selected as
it more accurately conveys the type of school, and is the term
more commonly used throughout Australia.
The definition of "Higher Education Award" has been
considerably shortened compared to the current definition in
section 9 of the Tertiary Education Act 1991. The new
definition adopts the approach taken by many other States
and Territories by linking the definition to relevant awards
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listed in the Australian Qualifications Framework.
This approach ensures that any changes to Higher Education
Awards listed in the Framework are automatically covered
under the Bill.
The definition of "Overseas student" has been updated to
cover students in all education institutions.
The definition of "Parent" has been updated from the current
definition in section 3 of the Education Act 1958 so as to
cover developments under the Family Law Act of the
Commonwealth which now refer to parental responsibilities.
"Post compulsory education" has been simplified and
updated by referring to the education of persons 16 years of
age and over. It is linked to the new definition of
"compulsory school age".
The definition of "School" has been substantially updated
from the current definition of "school" in section 35 of the
Education Act 1958. The current definition in section 35
only applies to non-Government schools, but the new
definition of "school" is based on the concept of persons
"providing" education programs. The new definition has been
designed to capture the following different types of schools--
· The traditional school--where persons gather every
day for the purpose of being instructed by a teacher.
· Distance education, through the internet or
correspondence.
· Private tutoring by a paid tutor.
· Home schooling, which could involve--
· a parent or private tutor schooling children;
· being at home or some other location;
· (Registered home schooling is excluded
from the definition of school);
· Adult and Community Education providers, who
provide self learning programs for students to study
at home or in groups.
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The definition of "State Register" has been updated.
The State Register will include all the matters which the
VRQA is required under Chapter 4 to place on the State
Register. This includes registered schools, accredited courses
and authorised providers. Clause 4.9.1 requires the State
Register to be published on a website, so as to be publicly
available.
A definition of "VCAL" has been inserted. It means the
Victorian Certificate of Applied Learning, and is the
alternative to the VCE offered by the Victorian Curriculum
and Assessment Authority.
Clause 1.1.4 is new. It states that the Act binds the Crown. This clause
makes it clear that the Government, the Department and its
employees must comply with the requirements of the Act or
face the penalties.
Clause 1.1.5 is new. It states that the Act operates outside Victoria. It is
linked to other clauses which are intended to permit persons
to exercise functions or powers outside Victoria, such as
clause 5.2.10 (which deals with the Minister providing
educational services outside Victoria), and clause 2.5.5(1)(f)
for the Victorian Curriculum and Assessment Authority and
4.2.3(2) for the Victorian Registration and Qualifications
Authority.
PART 1.2--PRINCIPLES
Clause 1.2.1 is new. It states the principles underlying the enactment of
the Bill. Although clause 1.2.3 states that the principles do
not give rise to civil cause of action, item 8 in Schedule 5 will
authorise regulations to be made--
· imposing obligations on education providers to
implement the principles in clause 1.2.1(a), (c), (e)
and (f);
· to include the principles in clause 1.2.1(a), (c), (e)
and (f) as part of the minimum standards that
schools will have to meet under clause 4.3.1(6) for
registration purposes;
· setting out the role of the VRQA in investigating
complaints from the public alleging a breach of the
obligation to implement the principles under clause
1.2.1(a), (c), (e) and (f).
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The ultimate sanction for education providers that fail to
comply with their obligations under the regulations will be
the cancellation by the VRQA of their registration.
The principles in (b) and (e) will not be the subject of
regulations, as (b) expresses in general terms a goal of access
to education and (e) is linked to the rights and duties of
parents under clause 2.1.1 to choose whether to enrol their
child in a registered school or in home schooling.
Clause 1.2.2 is new. It states the principles underlying the Government
education and training system. Although clause 1.2.3 states
that the principles do not give rise to civil cause of action, all
persons employed in the Department will be required to
implement the principles. In addition--
· the principle in clause 1.2.2(2)(a) is given legal
effect by clause 2.2.10 and anti discrimination
legislation;
· the principle in clause 1.2.2(2)(b) is given legal
effect by clause 2.2.4;
· the principle in clause 1.2.2(2)(c) is given legal
effect by clause 2.2.13; and
· the principle in clause 1.2.2(d) will be implemented
by administrative arrangements.
Clause 1.2.3 is new. It states that the principles in 1.2 1 and 1.2.2 do not
give rise to, nor can they be taken into account, in a civil
cause of action.
CHAPTER 2--SCHOOL EDUCATION
PART 2.1--COMPULSORY EDUCATION
Division 1--Attendance at School
Clause 2.1.1 provides for compulsory schooling for children aged between
5 and 16 years. The new clause sets out 2 options for parents,
namely to enrol the child at a registered school (which can be
a Government or non-Government registered school), or to
register the child for home schooling.
The requirement to be registered for home schooling is new.
Under the current sections, parents are not required to obtain
approval to home school their child.
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The new clause requires a child to attend school at all times it
is open for the child's instruction, which is the approach taken
in most other States.
Clause 2.1.2 creates an offence for parents of children of compulsory
school age who, without a reasonable excuse, fail to comply
with clause 2.1.1. The clause updates section 74D of the
Community Services Act 1970 by increasing the penalty
from a minimum of $20 dollars or imprisonment to a
maximum of 1 penalty unit, which is currently $104.81.
Clause 2.1.3 sets out some examples of a reasonable excuse for the
purpose of clause 2.1.2. The list is not exhaustive. It is
longer than the current list in section 74C(iii) of the
Community Services Act 1970, and has been updated to
reflect the various situations that can occur.
Clause 2.1.4 enables a principal or teacher to require parents to provide the
reasons for a child's absence from school and to record the
reasons given by the parents.
Clause 2.1.5 updates and merges the current section 74G of the
Community Services Act 1970 and 53(3) of the Education
Act 1958 to authorise the Minister to exempt a child from
attending school. The most common use of this clause is to
exempt children at short notice so that they can perform at
musicals or on TV.
Clause 2.1.6 repeats section 79 of the Education Act 1958, which states
that any parent may perform a parental duty, and that a duty
performed by one parent satisfies the duty imposed on both
parents.
Division 2--Enforcement of Attendance
Clause 2.1.7 repeats section 74B of the Community Services Act 1970
which enables the Minister to appoint school attendance
officers (more commonly known as truant officers).
Clause 2.1.8 is new and requires the Minister to issue an identity card to a
school attendance officer.
Clause 2.1.9 is new and requires a school attendance officer to produce his
or her identity card before exercising their powers, or if asked
to do so during the exercise of his or her powers.
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Clause 2.1.10 updates section 74B(4) of the Community Services Act 1970
and 54(3) of the Education Act 1958 to enable a school
attendance officer to question children in public places and
inspect the school's attendance register kept under
clause 4.3.7.
Clause 2.1.11 repeats section 74B(5) of the Community Services Act 1970
to create an offence for hindering or obstructing a school
attendance officer. The maximum penalty has been increased
from $250 to 60 penalty units.
Clause 2.1.12 repeats section 74B(3) of the Community Services Act 1970
which authorises a school attendance officer to bring
proceedings for offences.
Clause 2.1.13 repeats section 74E of the Community Services Act 1970
which states that a certificate signed by a principal of a
registered school is to be evidence as to the attendance of a
child.
Clause 2.1.14 repeats section 74F(a) and (b) of the Community Services
Act 1970, which states that the burden of proving the grounds
of a reasonable excuse lies on the parent (as the defendant),
and other evidentiary matters.
PART 2.2--GOVERNMENT SCHOOLS
Division 1--Establishment of Government Schools
Clause 2.2.1 updates section 21 of the Education Act 1958 and sets out
the Minister's power to establish Government schools,
school related services and to provide for education services
other than through schools. School related services cover
matters such as school libraries and training of teachers.
Education services not provided through schools cover
matters such as education programs in children hospitals or
prisons.
Clause 2.2.2 repeats section 21A of the Education Act 1958 which
prevents the Minister's decision to close a school from being
challenged in any court or before the Ombudsman.
Clause 2.2.3 repeats section 21B of the Education Act 1958 which limits
the rights of persons (mainly protesters and trespassers) to
claim damages for injuries occurring on discontinued
Government schools.
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Division 2--Instruction in Government Schools
Clause 2.2.4 updates section 22(2) of the Education Act 1958 to provide
that instruction to year 12 or its equivalent in specified
learning areas is to be free to students under 20 years of age
in Government schools. Section 22(2) of the Education Act
1958 limits free instruction to "pupils" but does not define
"pupils". The meaning of "equivalent" will be determined by
the Minister under sub clause (3), but is likely to cover
certificates I and II listed in the VET sector of the Australian
Qualifications Framework.
Clause 2.2.5 provides that students over 20 years of age in Government
schools may be charged fees in accordance with the
regulations. It is similar to section 82(j) of the Education
Act 1958 which enables regulations to be made prescribing
scales of fees, however the new clause will also enable
regulations to be made for instruction in the specified learning
areas.
Clause 2.2.6 repeats section 25AA of the Education Act 1958 to provide
that parents of a student with a disability are not required to
contribute to the cost of additional support.
Clause 2.2.7 is new and sets out the position on voluntary financial
contributions.
Clause 2.2.8 repeats section 25A of the Education Act 1958 and requires
overseas students in Government schools to pay fees in
accordance with a Ministerial Order.
Clause 2.2.9 repeats section 25A of the Education Act 1958 and enables
the Minister to make Orders about the payment of fees by
overseas students.
Clause 2.2.10 updates section 23(1) of the Education Act 1958. Whilst the
clause maintains the current position that education in
Government schools must be secular, it clarifies that schools
can discuss events or topics that involve religion and can
teach VCE subjects such as texts and traditions. Education in
respect of these matters is defined as "general religious
education", but the clause also provides that in so doing,
school cannot promote any religion.
18
Clause 2.2.11 repeats section 23(2) to (4) of the Education Act 1958 to
provide that "special religious instruction" is voluntary and
can only be given by accredited instructors and authorises the
Minister to approve the holding of pageants and other events.
"Special religious instruction" is defined to cover instruction
provided by churches and other religious groups. The word
"special" is new in this clause, so as to distinguish it from the
"general" religious education referred to in clause 2.2.10.
Clause 2.2.12 repeats section 24 of the Education Act 1958 to require
students to observe a ceremony to acknowledge their role as
Australian citizens.
Division 3--Admission to Government Schools
Clause 2.2.13 is new and provides a child of compulsory school age with
the right to attend his or her designated neighbourhood
Government school.
Clause 2.2.14 is new and provides a child of compulsory school age may
be enrolled at a Government school which is not his or her
designated neighbourhood school if there is sufficient
accommodation for the child at the school. Unlike clause
2.2.13, this clause does not provide an entitlement to attend a
school. Instead, it provides discretion to enrol students who
would otherwise not be entitled under 2.2.13.
Clause 2.2.15 updates section 63(1) of the Education Act 1958 and clarifies
the right to refuse enrolment to a child if the child is not
otherwise entitled to be enrolled under clause 2.2.13 or some
other clause.
Clause 2.2.16 updates section 63(2) of the Education Act 1958 and enables
the Minister to decide the criteria for determining a
designated neighbourhood Government school for the
purpose of clause 2.2.13, and entry criteria for a particular
school. Entry criteria will cover schools such as Melbourne
High School which requires an entrance examination and
special schools which cater solely for students with special
needs.
Clause 2.2.17 is new and enables a person to be refused admission or
enrolment in a Government school to ensure the safety of that
student or other students. It is designed to cover situations
where students have been the subject of serious assaults or
abuse by other students.
19
Clause 2.2.18 repeats section 25C of the Education Act 1958 to permit
principals to refuse the enrolment of a person, if that person is
of or above the age stated in regulations.
Division 4--Discipline of Students
Clause 2.2.19 repeats section 25 of the Education Act 1958 to authorise a
principal to suspend or expel a student from a Government
school in accordance with any Ministerial Order. Ministerial
Orders currently enable a student to be suspended or expelled
by the principal if the student engages in defined behaviour
either at school or travelling to or from school.
Division 5--Assistance for Students with Special Needs
Clause 2.2.20 updates section 32 of the Education Act 1958 which enables
the Minister to supply meals to hungry children at
Government schools. The new clause enables the Minister to
provide a range of services to children with special needs.
PART 2.3--GOVERNMENT SCHOOL COUNCILS
Division 1--Definitions
Clause 2.3.1 contains definitions of pre-school, school, teacher and
teaching staff. The definition of school now includes a
proposed school, so as to permit the creation of a council of a
proposed school and for the council to operate on the first day
on which a school opens with students.
Division 2--Constitution of School Councils
Clause 2.3.2 updates section 13 of the Education Act 1958 and authorises
the Minister by Order to constitute a council of a Government
school. The updates are--
· sub clause (2)(b) clarifies and confirms the current
practice that an Order may provide for the election
of members;
· sub clause (2)(c) enables the making of Orders
imposing duties on members of councils, so as to be
consistent with the provisions of the Public
Administration Act 2004;
· sub clause 2(d) clarifies the capacity of an Order to
limit the powers, duties or functions of councils;
20
· sub clause (4) has the effect that an Order comes
into operation on the day it is made or any later date
stated in the Order;
· sub clause (9) only requires a notice to be published
of the making of the more important Orders;
· sub clause (15) permits members of councils to be
reimbursed reasonable expenses incurred by the
member.
Clause 2.3.3 repeats section 15G of the Education Act 1958 to permit the
Minister to exercise the powers of a council in respect of a
school if no school council exists.
Division 3--Objectives, Functions and Powers of School Councils
Clause 2.3.4 is new and sets out the objectives of a school council.
Paragraph (a) is taken from section 13(1) of the Education
Act 1958 which refers to constituting a council to assist in the
efficient conduct of a school.
Paragraph (b) reflects article 3.1 of the UN Convention on the
Rights of the Child which Australia ratified in December
1990. The convention makes the best interests of the child at
least a "primary consideration" and sometimes a "paramount"
consideration in actions and decisions affecting children.
Paragraph (b) does not express the objective as the paramount
or the only consideration, as sometimes financial constraints
and other criteria will be determinative. For example, student
suspensions or expulsions prohibit the objective being a
paramount consideration.
Paragraph (c) which refers to enhancing the educational
opportunities of students of the school and reflects the
purpose of the school plan referred to in clause 2.3.24, which
is to set out the school's goals and targets over the next
4 years.
Clause 2.3.5 updates the functions of councils of Government schools.
The purpose of this clause is to group together, as far as
practicable, all the functions of councils and to distinguish
between functions and powers.
21
Clause 2.3.6 sets out the powers of a school council for the purpose of
meeting its objectives or performing its functions or duties.
It is important to note that the powers can only be used for
one of the stated objectives, functions or duties.
Sub clause 1(c) is new. It refers to councils charging fees.
It is subject to clause 2.2.4 which covers free instruction to
students and any Ministerial Order. The fees may cover
matters such as the costs of excursions or extra curriculum
programs or facilities provided to students.
Sub clause (1)(d) is new. It provides a council with power to
do all things as are necessary or convenient to be done for, or
in connection with, meeting its objectives or performing its
functions or duties. This introduces for the first time a
general power for a council to undertake its objectives,
functions and duties. Sub clause (3) then limits this general
power to ensure it is not used too widely or for unintended
areas.
Sub clause (3)(a) and (b) states a council does not have power
to employ full time teaching staff or purchase or acquire for
consideration any land or building.
Clause 2.3.7 Sub clause (1) states a council is accountable to the Minister
and repeats section 15O of the Education Act 1958. Sub
clause (2) sets out the duties of the principal as the executive
officer of the council and repeats regulation 33 of the
Education Regulations 2000. It has been inserted in the Bill
to emphasise its importance.
Division 4--Employment of Staff
Clause 2.3.8 updates section 15B of the Education Act 1958 and
empowers councils to employ teaching and other staff in
schools. The employment of teaching staff is subject to
clause 2.3.6(3)(a) which prevents councils employing
permanent teaching staff.
Clause 2.3.9 Sub clause (1) repeats section 15B(4) of the Education Act
1958, which makes any person convicted or found guilty of a
sexual offence against a child ineligible to be employed as a
teacher by a council.
22
Sub clause (2) repeats section 15B(5) of the Education Act
1958, which requires a person to be registered by the VIT
to be eligible for employment by a council as a teacher.
This employment basically covers persons delivering an
education program, but not teacher aides, teacher assistants
or student teachers.
Clause 2.3.10 repeats sections 15B(6) to (11) of the Education Act 1958
which provide that a council must dismiss a teacher convicted
of a sexual offence against a child and contains other
provisions dealing with a teacher's registration being
suspended or cancelled.
Division 5--Further Powers of School Councils
Clause 2.3.11 empowers councils of Government schools to permit the use
of school buildings and grounds by the community.
Clause 2.3.12 empowers councils of Government schools to carry out works
at the school.
Clause 2.3.13 empowers public bodies to enter agreements with councils of
Government schools to perform works at the school.
Clause 2.3.14 authorises councils of Government schools to form sub-
committees.
Clause 2.3.15 authorises a council of a Government school to delegate its
powers, duties or functions to any person or body. It widens
section 15B(1)(f) of the Education Act 1958.
Clause 2.3.16 authorises a council of a Government school to form
committees to manage joint facilities. These joint facilities
are buildings or grounds which have been developed on
school premises by the contribution of a number of parties.
Clause 2.3.17 authorises a council of a Government school that forms a
committee under clause 2.3.16 to delegate, with the approval
of the Minister, powers, duties or functions to members of the
committee.
Clause 2.3.18 authorises a council of a Government school to sell property.
Division 6--Pre school Programs
This Division empowers councils of Government schools to operate
pre school programs.
23
Division 7--Reporting and Accountability Requirements
Clause 2.3.24 requires councils of Government schools to prepare a school
plan. The clause replaces section 15K of the Education Act
1958 which requires councils to prepare a school charter.
This clause is linked to clause 2.3.4(c), which refers to an
objective of councils as being to enhancing the educational
opportunities of students of the school. This objective is
linked to the school plan which will set out the school's goals
and targets over the next 4 years.
Clause 2.3.25 states the status of school plan as not giving rise to legal
relations.
Clause 2.3.26 sets out how the Secretary may terminate a school plan.
Clause 2.3.27 requires councils of Government schools to prepare an annual
report. It updates and merges section 14(2), 15F(2), 15P and
15Q(4) of the Education Act 1958. The updates involve the
council including the school plan in its annual report; the
council having to make the annual report available to any
person upon request; and the preparation of financial
statements in a form to facilitate councils moving to accrual
accounting.
Clause 2.3.28 authorises the Auditor-General to audit the accounts of
councils of Government schools.
Clause 2.3.29 requires councils of Government schools to use funds for any
school purpose, unless the funding is provided for a specific
purpose.
Clause 2.3.30 will require the Minister to ensure that the Department's
report of operations under section 45 of the Financial
Management Act 1994 include a summary of the
information provided by councils in their annual reports under
clause 2.3.27, and any other information required by the
Minister administering that Act.
Councils will also have to comply with a new school
accountability and reporting framework and regulations
requiring councils to keep accounts and records in a form
determined by the Secretary.
24
This change will not affect the Auditor General's power to
audit councils of Government schools. This is retained by
clause 2.3.28, and also because school councils are still public
bodies under the Audit Act 1994, by virtue of the definition
of that term in section 3 of that Act.
Division 8--General
Clause 2.3.31 limits the ability of councils of Government schools to
commence legal proceedings (including the prerogative writs
and declarations and injunctions) against Government bodies
without the approval of the Minister. It updates section 14B
of the Education Act 1958 which prevents councils from
commencing legal proceeding against any person without the
Minister's approval. Section 14B is considered to be too wide
in respect of the persons it prohibits proceedings against, and
the clause will no longer require the Minister's approval to
commence proceedings against non-Government bodies.
Clause 2.3.32 provides an indemnity to the members of a council of a
Government school. It repeats section 14C of the Education
Act 1958.
PART 2.4--GOVERNMENT TEACHING SERVICE
This Part inserts the current Teaching Service Act 1981 which deals with the
conditions of employment in the teaching service, the Minister's powers to
make Orders about the teaching service, the Secretary's employment powers
in respect of the teaching service, and the establishment and functions of the
Merit Protection Boards and Discipline Appeals Boards.
The main changes to the current Teaching Service Act 1981 provisions
are--
· The terminology in certified agreements and awards has been
used. As a consequence, the term "officer" is changed to "ongoing
employee". Employee is changed to "temporary employee".
All persons in the teaching service are referred to as "employees"
in place of the current terms of officer and employee. Using the
term "employee" also mirrors the terminology used in the Public
Administration Act 2004.
· Clause 2.4.3 provides that the Secretary, on behalf of the Crown,
employs all persons in the teaching service. This updates section 3
of the Teaching Service Act 1981 which states all persons are
employed by "Her Majesty", and section 18 which states that the
Secretary is the employer of principals. The change also reflects
the provisions of section 3A of the Teaching Service Act 1981
25
and section 20 of the Public Administration Act 2004 which
vests in the Secretary, on behalf of the Crown, all the rights and
powers of an employer in respect of employees in the Department
employed under those Acts.
· Clause 2.4.3 (3) provides examples of the Secretary's powers as an
employer. It is similar to section 20 of the Public Administration
Act 2000 and elaborates on section 3A of the Teaching Service
Act 1981.
· Employees (mainly School Services Officers) currently employed
by the Secretary under section 5 of the Education Act 1958 are to
be employed by the Secretary under the Government teaching
service (ref. clause 2.4.3). They continue to be excluded from
requiring VIT registration as they do not fall under the definition
of teacher. This will reduce the modes of employment in the
Department from 4 to 3 (being the teaching service, school council
employment and the Public Administration Act 2004.
· Clause 2.4.82 inserts immunities against legal action for members
of the Merit Protection Boards and Discipline Appeals Board.
The immunities are consistent with Government policy.
Whilst protecting the members against legal action, the clause
entitles persons to take legal action against the Crown instead of
the members.
· Changes have been made to reflect the contents of certified
agreements and awards. This involves--
· enabling appointment and appeal criteria for appointments
to be determined by Ministerial Order, so as to reflect the
"merit" criteria used in certified agreements and any
subsequent changes to the agreements;
· inserting clause 2.4.25 to authorise the making of Orders
which entitle persons to long service leave for less than
10 years service;
· amending clause 2.4.8 to provide that the period of
probation is to be determined by Ministerial Order, rather
than specifying a 12 month period;
· acknowledging in clause 2.4.2 that the teaching service
provisions are subject to certified agreements and awards.
26
PART 2.5--VICTORIAN CURRICULUM AND ASSESSMENT
AUTHORITY
Clauses 2.5.1 to 2.5.24 insert the current Victorian Curriculum and
Assessment Authority Act 2000 which deals with the establishment,
membership, functions and powers of the Victorian Curriculum and
Assessment Authority.
The main changes to the current Victorian Curriculum and Assessment
Authority Act 2000 provisions are--
· The VCAA's capacity to exercise its powers outside Victoria is
clarified (ref. clause 2.5.5 (1)(f)). This will confirm its capacity to
conduct assessments of students in years 11 and 12 in courses
conducted overseas. For overseas locations, the VCAA enters into
a contract with the overseas provider, under which the provider
must meet the VCAA standards for facilities, staff and other
resources. Sometimes a Victorian based school conducts a campus
overseas, and an agreement with the Victorian based school
provides the means to the VCAA maintaining appropriate
standards overseas.
· New powers are inserted to enable the VCAA to make special
provision for students who suffer from illness, trauma, disability,
misadventure or examination irregularities (ref. clause 2.5.11).
· The VCAA is given powers to issue qualifications in respect of
accredited courses which the VCAA owns such as the VCE and
VCAL (ref. clause 2.5.3 (3) and (4). The VRQA will still have the
function of deciding whether to accredit a course and approve
providers, but the ownership and control of the VCE and VCAL
will reside with the VCAA as the owner. This new function is
also mirrored in clause 2.5.3(1)(b) which refers to the VCAA
performing the functions of a body registered under Chapter 4.
· Clause 2.5.8 applies the provisions of Schedule 2 to the VCAA.
That schedule contains common clauses for statutory bodies such
as the VCAA.
27
PART 2.6--VICTORIAN INSTITUTE OF TEACHING
Clauses 2.6.1 to 2.6.78 insert the current Victorian Institute of Teaching
Act 2001, which requires all teachers in Victorian schools to be registered
with the VIT, and deals with the establishment, membership, functions and
powers of the Victorian Institute of Teaching.
The main changes to the current Victorian Institute of Teaching Act 2001
provisions are--
· New categories of non practising registration and also interim
registration have been introduced (ref. clause 2.6.11 and 2.6.12).
Most of the non practising members are on family leave and would
not be able to renew their current registration because they cannot
satisfy the requirement of maintaining an appropriate level of
professional practice. The category of interim registration has
been introduced because the VIT Council meets at approximately
5 week intervals, and many persons are recommended for
registration in between Council meetings and schools are anxious
to employ these people immediately.
· Discretion is given to the VIT to determine the date by which
annual registration fees must be paid (ref. clause 2.6.21).
The current Act provides for all teachers to pay the fee on the
one date, which is difficult to administer.
· The VIT is given--
· disciplinary powers over teachers found to be seriously
incompetent (ref. clause 2.6.9(1)(e) and 2.6.30), or if
deregistered in other jurisdictions (ref. clause 2.6.9(1)(d)
and 2.6.30);
· powers to impose conditions on a teacher's registration
(ref. clause 2.6.9(3));
· powers to suspend the registration of a teacher charged
with a sexual offence (ref. clause 2.6.27), after giving
notice to the teacher and the opportunity for the teacher
to make submissions;
· Clause 2.6.61 applies the provisions of Schedule 2 to the
VIT. That schedule contains common clauses for
statutory bodies such as the VIT.
28
· Clause 2.6.76 updates the current section 80 of the Act by
inserting an immunity for members of a VIT and hearing
panels who hear discipline matters. The immunity is
consistent with Government policy. Whilst protecting the
members against legal action, the clause entitles persons
to take legal action against the Crown instead of the
members;
· Section 94 of the current Act, which requires the first
College of the VIT to be established by the Minister, has
been replaced by clause 2.6.78 which requires the
establishment of any College for principals to have the
approval of the Minister;
CHAPTER 3--POST SCHOOL EDUCATION AND TRAINING
PART 3.1--VOCATIONAL EDUCATION AND TRAINING
Clauses 3.1.1 to 3.1.34 insert the provisions of the current Vocational
Education and Training Act 1990 ("the VET Act"), which deals with the
establishment, functions and powers of--
· the Victorian Skills Commission (being the current Victorian
Learning and Employment Skills Commission);
· Technical and Further Education institutes;
· Industry Training Boards.
The main changes to the Victorian Learning and Employment Skills
Commission are--
· The name of the Commission is changed to the "Victorian Skills
Commission" ("VSC") under clause 3.1.1.
· The maximum membership of the Commission has been increased
by 2 members under clause 3.1.7(1)(e). The 2 persons are to have
direct industry experience and/or experience in the training system,
so as broaden the skill base of the VSC, and provide additional
resources for its workload.
· The statement of the functions of the Commission at clause 3.1.2
has been simplified and updated to reflect current functions.
29
· The repeal of the Australian National Training Authority Act of
the Commonwealth and the passing of the Skilling Australia's
Workforce Act 2005 necessitated various amendments to the
Vocational Education and Training and Victorian Qualifications
Authority provisions.
· Clauses 3.1.2 (1)(f) and 3.1.3 set out the Commission's role under
the Skilling Australia's Workforce Act 2005. Clause 3.1.3, in
authorising the Minister to nominate the Commission as the State
Training Authority for Victoria under the Skilling Australia's
Workforce Act 2005, has been worded as it is, so as to satisfy the
requirements of that Act, which define a State Training Authority
as meaning "in relation to a State, a person, organisation or body
nominated as the State Training Authority for that State by the
Minister of the State who has responsibility for vocational
education and training".
· Clause 3.1.8 applies the provisions of Schedule 2 to the VSC.
That schedule contains common clauses for statutory bodies such
as the VSC.
· The Bill updates the immunities in the current provisions in line
with Government policy, by removing the current immunity in
section 22 of the Act for the members of the Victorian Learning
and Employment Skills Commission.
· The provisions on Approved Training Agents, which are referred
to in section 20B of the Vocational Education and Training Act
1990, have been grouped with other relevant provisions and are in
clauses 5.5.20 to 5.5.22 of the Bill. The Minister will in future
establish those bodies instead of the Governor in Council.
The main changes to the Technical and Further Education provisions
are--
· All references to TAFE colleges have been changed to TAFE
institutes.
· All references to TAFE councils have been changed to TAFE
boards.
30
· All references to members of TAFE councils have been changed to
directors of TAFE Boards.
· Section 28(1)(a) of the VET Act 1990, which requires that an
Order establishing the TAFE council must provide for not less
than one half of its members to be appointed by the Minister, has
been amended to provide that the Order establishing the Board
must provide for at least a majority of its directors to be appointed
by the Minister. This will mirror changes made to the Public
Administration Act 2004.
· TAFE council members do not currently receive remuneration
(other than reimbursement of expenses) for their role on a council.
Item 3 of Schedule 2 will enable the Governor in Council to
prescribe remuneration for members.
· Clause 3.1.12(2) authorises the Minister to make some Orders with
respect to the constitution of TAFE boards.
· Clause 3.1.17 applies the provisions of Schedule 2 to a board of a
TAFE institute. That schedule contains common clauses for
statutory bodies such as boards of TAFE Institutes.
· The Bill updates the immunities in the current provisions in line
with Government policy, by removing the current immunity in
section 36 of the VET Act for members of boards of TAFE
institutes.
The main changes relating to Industry Training Boards are as follows--
· Industry Training Boards will in future be established by the
Minister. They are currently established by the Governor in
Council. The same change has been made for establishing
Approved Training Agents and bodies to advise the Minister on
post secondary education.
· The Bill updates the immunities in the current provisions in line
with Government policy, by removing the immunity in section 45
of the VET Act for members of Industry Training Boards.
31
PART 3.2--HIGHER EDUCATION
Clauses 3.2.1 to 3.2.12 insert only the following provisions of the current
Tertiary Education Act 1993--
· in Division 1, the voluntary student provisions of section 12A
to 12I of the Tertiary Education Act 1993;
· in Division 2, the establishment of post secondary education
institutions by the Governor in Council.
The following provisions of the current Tertiary Education Act 1993 are
being transferred to the administration of the new Victorian Registration and
Qualifications Authority established under Chapter 4--
· endorsing courses of study under the current section 6 as being
suitable for overseas students;
· approving institutions under the current section 10 (other than
universities established or recognised under an Act) to operate as a
Universities;
· authorising institutions under the current section 11 (other than
universities established or recognised under an Act or approved
under section 10) to offer higher education courses or awards; and
accrediting higher education courses;
· reviewing under the current section 11A the operations of these
matters;
· the appointment and powers of authorised officers under the
current sections 11B to 11D;
· the keeping of a register of higher education courses and
institutions under the current section 12.
The following sections of the Tertiary Education Act 1993 have been
merged with other clauses in other Parts of the Bill--
· the power in the current section 4 to establish bodies to advise the
Minister;
· the power in the current section 5 to require information;
· the Minister's delegation power in the current section 21; and
· the power in the current section 8 to acquire lands for education
purposes.
32
PART 3.3--ADULT, COMMUNITY AND FURTHER
EDUCATION
Clauses 3.3.1 to 3.3.43 insert the provisions of the Adult Community and
Further Education Act 1991 ("the ACFE Act"), which deals with the
establishment, functions and powers of--
· the Adult Community and Further Education Board;
· Regional Councils of Adult Community and Further Education;
· Adult Education Institutions, and specifically the Adult
Multicultural Education Services and the Centre for Adult
Education.
The main changes to the Adult Community and Further Education provisions
are as follows--
· The membership provisions for the ACFE Board at clause 3.3.10
have been amended so as remove the need to appoint members
who meet defined criteria. The current descriptions of the
categories at section 19(1) of the Adult Community and Further
Education Act 1991 makes the selection of Board members often
difficult or with forced alignments, and the categories themselves
are dated.
· The Bill leaves in place section 19(2) which requires the Minister
to have regard to ensuring the overall membership meets certain
criteria.
· Clause 3.3.21 reduces the current 12 person membership of ACFE
regional councils to 9 persons.
· Clause 3.3.22 amends the current detailed membership criteria in
section 38(3) of the ACFE Act to provide that the Minister is to
have regard to ensuring the overall membership meets certain
criteria.
· Clause 3.3.29(1)(e) amends the current section 47(1)(e) of the
ACFE Act to provide that the Governor in Council Order
establishing an Adult Education Institution may provide that the
members of its governing board may receive remuneration.
· The immunity for ACFE Board members in section 32 of the
ACFE Act has been deleted.
33
· The immunity for members of ACFE regional councils in
section 42 of the ACFE Act has been deleted.
· Clauses 3.3.11 and 3.3.39 apply Schedule 2 to the ACFE Board
and Adult Education Institutions. That schedule contains common
clauses for statutory bodies.
CHAPTER 4--VICTORIAN REGISTRATION AND
QUALIFICATIONS AUTHORITY
This Chapter--
· establishes the new Victorian Registration and Qualifications
Authority;
· requires the following to be registered--
· home schooling;
· schools;
· providers of accredited--
· senior secondary courses;
· Vocational Education and Training courses;
· providers of higher education courses;
· providers of courses to overseas students;
· creates offences in Part 4.7 for doing things without being
registered (or approved as the case requires) by the VRQA under
this Chapter--
· providing and accredited course without being authorised
to provide the course;
· awarding a qualification on the State Register without
being authorised to award the qualification;
· operating or purporting to operate as a University (this
does not apply to Universities established or recognised
under an Act);
· conferring, or offering to confer a higher education award,
or offering a course of study in higher education (this
does not apply to Universities established or recognised
under an Act, the Melbourne College of Divinity or an
autonomous college established under 3.2.11).
34
The Education Services for Overseas Students Act 2000 of the
Commonwealth creates offences of providing courses to overseas students
without being endorsed by the relevant State authority.
The VRQA will assume the functions currently performed by the Registered
Schools Board and Victorian Qualifications Authority. The Registered
Schools Board currently registers non-Government schools under 34 IA of
the Education Act 1958. The VQA currently deals with courses, providers
and qualifications after year 10 excluding higher education, and accredits
courses, recognises qualifications, and registers persons who are authorised
to provide a course or award the qualification. The new matters that the
VRQA will handle are--
· the registration of home schooling;
· the registration of all schools;
· higher education course and provider approvals (this does not
include Universities established under an Act); and
· approving providers of courses to overseas students.
PART 4.1--PRELIMINARY
Clause 4.1.1 contains definitions. The definitions are those in the current
Victorian Qualifications Authority Act 2000 (VQA Act)
and the Tertiary Education Act 1993.
The definition of Ministerial council has been amended in
view of its new meaning in the Commonwealth Skilling
Australia's Workforce Act 2005. The definition is relevant
to the definitions of the AQTF and RTO standards.
The definition of AQF at clause 1.1.3 refers to a different
Ministerial council. In particular it also includes the
Ministers for Youth Affairs.
PART 4.2--VICTORIAN REGISTRATION AND
QUALIFICATIONS AUTHORITY
Clause 4.2.1 establishes the VRQA as a new authority. The Public
Administration Act 2004 will apply to its governance
principles and also places duties on the directors of the
Authority, and Division 3 deals with the removal or
suspension of directors.
35
Clause 4.2.2 sets out the functions of the VRQA. It will be responsible
for--
· the registration of all schools (both Government and
non-Government) and home schooling;
· in relation to years 11 and 12 of schooling, and
vocational education and training or further
education--
· accrediting courses;
· authorising providers of accredited courses;
· registering qualifications;
· authorising providers to award registered
qualifications;
· in relation to higher education--
· accrediting courses; and
· approving and authorising
providers of higher education; and
· approving all providers of courses
to overseas students.
Other functions cover the State Register, conducting audits,
and ensuring the public availability of information about
education providers.
Clause 4.2.3 sets out the powers of the VRQA and clarifies its ability to
exercise its powers outside Victoria. This is necessary to
enable the VRQA to approve providers of accredited courses
where the provider is situated overseas. Also some Victorian
schools have a campus overseas.
Clause 4.2.4 sets out the membership of the Authority. It will have a
smaller membership (being reduced from between 10 and 15,
to 9 and 12 members), and the detailed membership
categories being replaced with the requirement that the
Minister must be satisfied with the overall membership
criteria.
Clause 4.2.5 applies the common clauses for statutory bodies in Schedule 2
to the VRQA. The Schedule is subject to the express
provisions of the Bill and also Part 5 of the Public
Administration Act 2004.
36
Clause 4.2.6 sets out the Director's responsibilities.
Clause 4.2.7 contains the delegation power of the Authority.
Clause 4.2.8 repeats the existing requirement for the VRQA to maintain a
Fund in its name of all moneys received by it.
PART 4.3--REGISTRATION OF STUDENTS AND
PROVIDERS
Division 1--Schools
Clause 4.3.1 authorises the VRQA to register schools and sets out the
minimum criteria that schools must satisfy in order to be
registered. This clause is linked to clause 4.7.1 which creates
the offence of carrying on a school unless registered.
It sets out the minimum criteria for registering schools.
The clause also refers to prescribed minimum standards,
which means that regulations will be made establishing those
standards.
Clause 4.3.2 is new and deals with the review of the operation of schools
after they have been registered. It sets out the different ways
by which the VRQA can satisfy itself that a school continues
to comply with the standards for registration.
Clause 4.3.3 contains the VRQA's power to review the operation of a
school to determine whether it continues to comply with the
standards for registration under the Bill. It also sets out the
procedure the VRQA must follow if it intends to take any
action under clause 4.3.4 against the school for failing to
comply with the standards. The action under clause 4.3.4 can
include suspending or cancelling the school's registration,
imposing conditions on its registration, or prohibiting it from
enrolling new students. The VRQA must also give the
Minister notice of the proposed action and must comply with
any directions of the Minister. The Minister's power to direct
the VRQA is expected to be used in special or exceptional
circumstances, for example, where the proposed conditions
are considered unreasonable, or a suspension of registration
might cause unreasonable hardship to students or parents, or
where the public interest justifies the school being given
greater time to comply with the new requirements.
Clause 4.3.4 sets out the action that the VRQA may take against a school
that fails to comply with the standards for registration.
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Clause 4.3.5 requires registered schools to provide the VRQA with a report
required by the regulations.
Clause 4.3.6 requires a notice of the school's registration to be displayed at
or near the main entrance.
Clause 4.3.7 requires schools to maintain an attendance register of students
of compulsory school age (ie 6 to 16) in accordance with the
regulations.
Clause 4.3.8 requires the VRQA to keep a register of schools registered by
it.
Division 2--Registration of students for home schooling
Clause 4.3.9 is new and authorises the VRQA to register students for home
schooling in accordance with the regulations and sets out the
grounds on which the registration may be cancelled.
An authorised officer does not have the right under clause
5.8.3(3) to enter residential premises where registered home
schooling takes place.
Division 3--Vocational Education and Training
Clause 4.3.10 deals with the registration of education and training
organisations to conduct accredited vocational education and
training courses or to award registered qualifications.
Clause 4.3.11 is similar to section 23(4) to (5) of the VQA Act. It sets out
some minimum standards, and otherwise provides that
regulations are to set out the minimum standards for
registration for Vocational Education and Training.
Clause 4.3.12 sets out the terms of registration to conduct accredited
vocational education and training courses.
Division 4--National Registration
The clauses in this division deal with the National Registration scheme,
which in summary is an Australia wide scheme under which bodies
registered by one State for vocational education and training or further
education are recognised in all other States to conduct accredited courses,
and to award registered qualifications.
If on the National Register, the body is known as an RTO, ie a Registered
Training Organisation. This is also the defined meaning of the term RTO in
clause 4.1.1.
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Division 5--Higher Education
Clause 4.3.30 authorises the VRQA to approve institutions to operate as
Universities. It repeats section 10(1A) to (6) and (10) of the
Tertiary Education Act 1993 with the following changes--
· The current section authorises the Minister to
approve institutions, whereas the clause authorises
the VRQA to do so. This is part of the transfer of a
number of functions to the VRQA to provide the
public, as far as practicable, with a "one stop shop"
for education approvals.
· The criteria for registration in sub clause (4) has
been updated from the current section 10(3), so as to
focus more on the National Protocols for Higher
Education Approvals. This not only shortens and
simplifies the section, but also provides for any
changes to the National Protocols to be
automatically captured by the clause.
· The prohibition in the section 10(1) of the Tertiary
Education Act 1993, which prohibits institutions
operating as a University unless approved, has been
moved to clause 4.7.5, which groups all the offences
in one Part. The prohibition does not apply to
Universities established or recognised under an Act.
Such Universities do not need further approval under
clause 4.3.30 to operate as a University.
Clause 4.3.31 authorises the VRQA to suspend or revoke an institution's
approval to operate as a University. It repeats section
10(7)(8) and (11) to (14) of the Tertiary Education Act 1993
with the change that the VRQA, rather than the Minister,
exercises the powers.
Clause 4.3.32 provides for disallowance by Parliament of notices relating to
approvals to operate as a University.
39
Clause 4.3.33 authorises the VRQA to approve institutions to offer courses
of study in higher education. It updates section 11(2) to (7)
and (12) of the Tertiary Education Act 1993 with the
following changes--
· As in clause 4.3.30, the criteria for registration in
sub clause (2) has been updated so as to focus more
on the National Protocols for Higher Education
Approvals;
· The current section 11 (1)(e) and (3) and (4) refer to
the Minister "accrediting" a course of study and also
"approving" an institution to conduct a course of
study. Clause 4.3.33 refers to the VRQA
"authorising" an institution to conduct a course of
study. For the purpose of merging similar powers,
the accrediting function has been moved to clause
4.4.2(3) which refers to the VRQA accrediting
courses in higher education;
· The VRQA, rather than the Minister, exercises the
powers.
The prohibition in section 11(1) of the Tertiary Education
Act 1993, which prohibits institutions conferring or offering
to confer a higher education award, or offering courses of
study in higher education, has been moved to clause 4.7.7,
which groups all the offences in one Part. The prohibition
does not apply to Universities established or recognised under
an Act. Such Universities do not need further approval under
clause 4.3.33.
Clause 4.3.34 authorises the VRQA to suspend or revoke an institution's
authorisation to conduct an accredited course of study in
higher education. It repeats section 11(8) to (9) of the
Tertiary Education Act 1993, with the change that the
VRQA, rather than the Minister, exercises the powers.
Courses in higher education are accredited under clause
4.4.2(3), and the VRQA's function statement at clause
4.2.2(1)(f) refers to it accrediting those courses.
40
Clause 4.3.35 authorises the VRQA to review operations of universities
approved under clause 4.3.30 to operate in Victoria, or to
review operations of an institution approved under clause
4.3.32 to offer a course of study. This clause does not apply
to a University established under a Victorian Act of
Parliament. The clause repeats section 11A of the Tertiary
Education Act 1993, with the change that the VRQA, rather
than the Minister, exercises the powers.
Division 6--Approval to exercise delegated powers
Clause 4.3.36 is linked to clause 4.2.7, both of which deal with the VRQA's
ability to delegate its powers. It updates section 23A of the
VQA Act 2000 which enables the Authority to investigate
organisations to determine whether the organisation should
be delegated the Authority's powers under clause 4.2.7(3).
The current section has been updated in sub clause (1)(a)
and (b) by adding a reference to Universities and other
institutions authorised to conduct higher education courses.
PART 4.4--ACCREDITATION AND QUALIFICATIONS
Division 1--Investigation and Accreditation
Clause 4.4.1 repeats section 21 of the VQA Act and authorises the VRQA
to investigate a course to determine whether it should be
accredited.
Clause 4.4.2 merges and updates section 22 of the VQA Act and
section 11(3) of the Tertiary Education Act 1993 so as to
set out the criteria the VRQA is to have regard to when
considering whether to accredit courses in--
· VET and further education--under sub clause (2);
· Higher education--under sub clause (3);
· other matters--under sub clause (1).
Sub clause (1)(d) adds a new criteria so as to take into
account whether any relevant fee has been paid.
Clause 4.4.3 merges and updates section 22A of the VQA Act and
section 11(8) and 11A(5) to (7) of the Tertiary Education
Act 1993. It sets out the powers of the VRQA to cancel or
suspend an accreditation of a course and the procedures it
must follow if doing so.
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Clause 4.4.4 enables the VRQA to review an accredited higher education
course for the purpose of determining whether the course
continues to attain the appropriate standards. It is a shorter
version of section 11A(3)(i) of the VQA Act.
Division 2--Qualifications
Clause 4.4.5 repeats section 24(2) of the VQA Act and enables bodies
registered under clause 4.3.10 to award qualifications. It is
also updated by a new sub clause (2) which enables the
VRQA to provide the qualification or statement of completion
of the course if the registered body ceases to exist.
PART 4.5--OVERSEAS STUDENTS
This Part 4.5 merges the current powers of--
· the Minister under section 65 of the Education Act 1958 to
endorse courses in non-Government schools as suitable for
overseas students;
· the Minister under section 6 of the Tertiary Education Act 1993
to endorse higher education courses as suitable for overseas
students;
· the VQA under section 27 of the VQA Act to approve other
courses as suitable for overseas students.
The provision of services to overseas students is governed by the
Commonwealth's Education Services for Overseas Students Act 2000
(the ESOS Act). That Act requires providers to be approved by the relevant
State authority and imposes penalties for persons or bodies that provide
services without that approval. It also sets out the requirements that
providers must comply with, including a National Code of Practice issued
under Part 4 of that Act.
Clause 4.5.1 authorises the VRQA to approve a registered school (which
will cover both Government and non-Government schools), a
University or other education and training organisation to
offer a course to overseas students.
The clause updates the current long and different lists of
criteria in section 6(3) of the Tertiary Education Act 1993,
65(3) of the Education Act 1958 and 27(3) of the VQA Act
by replacing them with a reference to the National Code of
Practice issued under Part 4 of the ESOS Act.
42
The Department currently approves Government schools
whereas under this clause the VRQA will have the function.
Clause 4.5.1 (5) amends the current section 27(5) of the VQA
Act to enable the VRQA to approve a provider of courses to
overseas students for up to 5 years, rather than a fixed 5 year
period. This change mirrors the ESOS Act and other
provisions of the current VQA Act.
Clause 4.5.2 enables persons to apply for approval for a school, University
or other institution to provide a course to overseas students.
Clause 4.5.3 authorises the VRQA to suspend or cancel any approval to
provide a course to overseas students.
Clause 4.5.4 authorises the VRQA to review operations of approved
providers of courses to overseas students.
PART 4.6--STATE REGISTER
This Part 4.6 groups together, merges and updates the current requirements to
keep registers of registered schools, accredited courses, recognised
qualifications or approved providers and higher education providers.
The VRQA will be responsible for keeping the one register and clause 4.9.1
requires that the register is published on a web site maintained by the VRQA.
Clause 4.6.1 requires the VRQA to maintain a State Register of all matters
required to be registered under Chapter 4.
Sub clause (3) which requires the Authority to register
qualifications requested by the Minister and is designed to
cover the registration of qualifications for apprenticeships
following a recommendation to the Minister by the Victorian
Skills Commission.
Clause 4.6.2 requires a division in the Register to be kept of education and
training organisations.
Clause 4.6.3 requires a division in the Register to be kept of higher
education matters.
Clause 4.6.4 requires the VRQA to register on the National Register
persons or bodies registered for VET and further education.
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PART 4.7--OFFENCES
This part groups together all the offence provisions in the Bill for ease of
reference.
The penalties for offences are expressed as penalty units. The amount of a
penalty unit is fixed once each financial year by the Treasurer under section 5
of the Monetary Units Act 2004, by notice published in the Government
Gazette. The amount fixed for the financial year commencing 1 July 2005 is
$104.81.
The clauses cover offences of--
· conducting an unregistered school;
· using the titles "registered provider" or "government accredited" or
"government recognised" without being registered or accredited;
· falsely claiming to be a Registered Training Organisation;
· issuing qualifications or claiming to be able to do so as an RTO or
using terms which imply it;
· claiming to be able to offer training as an RTO or using terms
which imply it;
· providing and accredited course without being authorised to
provide the course;
· awarding a qualification on the State Register without being
authorised to award the qualification;
· offering to provide an accredited course which is not accredited.
· misleading information relating to registration on the State
Register.
PART 4.8--REVIEW BY VCAT
Clause 4.8.1 enables a person to apply to VCAT for a review of a decision
by the VRQA not to grant or approve, or to suspend or cancel
a registration or approval or authorisation.
In addition, the clause also gives a right of review to the
following--
· Decisions concerning the registration of all schools,
including Government schools. Currently
Government schools do not have to be registered.
This is also a change to the current position under
section 42(1D) and 43(2) and (3) of the Education
44
Act 1958, which enables non-Government schools
to appeal to the Minister.
· Decisions concerning Government schools
providing courses to overseas students. Currently,
these are approved by the Department.
· Decisions on home schooling.
PART 4.9--INFORMATION AND EVIDENCE
Clause 4.9.1 is new and requires the VRQA to publish on the Internet the
State Register referred to in clause 4.6.1.
Clause 4.9.2 provides that a certificate signed by members of the VRQA as
to the contents of the State Register is proof of those contents,
in the absence of evidence to the contrary.
Clause 4.9.3 provides that a person must not give any false or misleading
information relating to registration on the State Register and a
penalty of 10 penalty units.
Clause 4.9.4 is based on section 33A of the VQA Act and enables the
VRQA to disclose information to Commonwealth bodies,
such as the Department of Education, Science and Training
and the Department of Immigration and Multicultural and
Indigenous Affairs. This is necessary to enable the VRQA to
manage risks associated with courses to overseas students or
that involve traineeships or apprenticeships and making
arrangements for overseas students following the cessation of
services by any provider.
CHAPTER 5--GENERAL
PART 5.1--ADMINISTRATION
Clause 5.1.1 states there is to be a Department responsible for the
administration of education and training in Victoria with the
principal function of assisting the Minister in the
administration of the Act. It also states who and what the
Department consists of.
Clause 5.1.2 requires the governing body of all education or training
institutions and non-government schools or institutions to
supply the Minister with any information she may reasonably
require for the effective monitoring, development and
planning of post secondary education.
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PART 5.2--MINISTER'S POWERS
Clause 5.2.3 is new but reflects the common law and also sections in
current Acts. It provides the Minister with a general power in
sub clause (1), followed by specific matters in sub clause (2).
Sub clause (1) reflects the Minister' powers at common law to
enter contracts on behalf of the government in connection
with any subject matter which properly comes within her
portfolio. The same power enables the Minister, in
connection with the portfolio--
· to establish trusts and companies;
· to be part of Australia wide Ministerial councils on
matters relating to the portfolio;
· to enter memoranda of understanding with other
States or parties.
Sub clause (2)(a) and (b) reflect the Minister's powers under
current Acts. Sub clause (2)(c) to (e) reflects the Ministers
powers under the Bill.
Sub clause (4) repeats limits in current Acts, such as the
awarding of a qualification, which is excluded from the power
to issue a direction.
Clause 5.2.4 is new and provides the Minister with a power to enter
arrangements for multi-sector arrangements. The following
matters are relevant to this clause.
· The Department is moving towards multi sector
modes of delivering education where a TAFE
institute and a secondary school could jointly share
or offer services.
· Precincts are being established which establish a
school, a TAFE institution and a University on one
location.
· New governance models are needed to administer
and establish these multi sector institutes.
Clause 5.2.5 enables the Minister to purchase or compulsorily acquire
lands for the purpose of the Bill. It merges and updates
sections 16(1), 17, 19A, 19B and 20 of the Education Act
1958 and section 8 of the Tertiary Education Act 1993.
46
Clause 5.2.6 enables the Minister to lease or grant a lease of lands.
It merges and updates sections 16(1) and 18A of the
Education Act 1958. Sub-clause (2) refers to leases
providing a direct or indirect benefit to education, and is
designed to deal more generally with the type of lease under
the Baxter Technical School Land Act 1982. That Act is
being repealed as obsolete, but it authorised the Minister to
lease part of the school's land to the Commonwealth for
defence purposes after the Commonwealth transferred the
land to the State.
Clause 5.2.7 provides the Minister with powers over reserved Crown
lands. This clause is needed as section 8 of the Crown
Lands Reserves Act 1978 prohibits the sale, lease or licence
of reserved Crown lands unless authorised by that Act or
expressly by another Act. Approximately one third of
Education land is reserved Crown lands.
Clause 5.2.8 vests all real property (ie interests in land) acquired for the
Bill in the Minister and his or her successors. It also
empowers the Minister to sell such property and requires the
proceeds to be placed into the Consolidated Fund. It updates
section 16 of the Education Act 1958.
Clause 5.2.9 authorises the Minister to enter agreements and arrangements
concerning the use of property. It repeats section 20A of the
Education Act 1958.
Clause 5.2.10 updates the Minister's powers in respect of the provision of
education services outside Victoria. The current section 26A
of the Education Act 1958 only provides that the Minister
can enter agreements to provide the services of a State school
outside Victoria.
The provision of education in the international arena is a
significant and growing export area, and also enhances the
image of Victoria's education institutions internationally.
The new clauses will enable Victoria to provide a wider range
of education services overseas and to employ persons under
the laws of another country, and to purchase lands overseas.
Clause 5.2.11 sets out the Minister's powers of delegation.
The Minister's current delegation powers are in section 8 of
the Education Act, section 76 of the Teaching Service Act
1981, section 20(3)(7) and 20A of the VET Act, section 28 of
the ACFE Act, section 21 of the Tertiary Education Act
1993 and section 16 of the VCAA Act.
47
The current sections are inconsistent. The clause is designed
to--
· achieve a consistent approach across the portfolio,
including a power to delegate matters under the
VQA and VIT provisions which currently have no
such powers to delegate; and
· not permit the delegation of matters which are of
sufficient importance that they should require the
Minister's personal attention.
Clause 5.2.12 enables the Governor in Council to establish bodies to advise
the Minister on any matter relating to education and training.
Clause 5.2.13 authorises the Minister to require a person to enter an
agreement as a condition of receiving any Government
funding for education purposes. The clause is linked to the
repeal of the Education Grants Act 1973.
That Act has been overtaken by a number of developments at
both the Commonwealth and State levels and is being
replaced by this clause.
Clause 5.2.14 is a general section authorising the Minister to make Orders
that are required, permitted or authorised to be made for the
purpose of the Bill. The clause relies on other clauses to
require, permit or authorise an Order being made.
Clause 5.2.15 is a general section authorising the Minister to fix fees that
are required, permitted or authorised to be made for the
purpose of the Bill.
PART 5.3--SECRETARY'S FUNCTIONS AND POWERS
This Part contains some of the Secretary's powers and functions under the
Bill. Other powers and functions are in Part 2.4 dealing with the Government
teaching service, under the Public Administration Act 2004, in Part 5.8
concerning the appointment of authorised officers, and membership of
various education statutory authorities. Other Acts, such as the Financial
Management Act 1994, impose further functions on the Secretary.
Clause 5.3.1 sets out the Secretary's powers of employment, and reflects
the current position under the Public Administration Act
2004 and in respect of staff under the VQA Act, VCAA Act,
and for the Victorian Learning and Employment Skills
Commission and Adult Community and Further Education
Board. The Secretary has separate employment powers under
Part 2.4 in respect of the Government teaching service.
48
Clause 5.3.2 and makes the Secretary responsible for implementing
policies or decisions of the Minister or Victorian Skills
Commission under Part 3.1.
Clause 5.3.3 updates the Secretary's delegation powers in a consistent
manner across the Bill and in sub-clause (3) empowers a
school council to sub- delegate employment powers to a
sub-committee.
The Secretary's current delegation powers are in section 4(12)
and 5A(3) of the Education Act 1958 and section 77 of the
Teaching Service Act 1981 and 20(4) of the Vocational
Education and Training Act 1990.
Clause 5.3.4 repeats section 9 of the Education Act 1958 and enables the
Secretary to request a criminal record check without a
person's consent.
Clause 5.3.5 authorises the Secretary to conduct a review of the
effectiveness and efficiency of a school council.
PART 5.4--WORKPLACE LEARNING
Division 1--Work Experience
This Division deals with work experience and workplace learning for
students.
Work experience mainly involves year 9 and 10 students in short-term
industry placements, which broaden their experience and understanding of
the world of work and career opportunities.
Workplace learning involves pupils in structured on-the-job training during
which they are expected to master a designated set of skills and
competencies, related to courses accredited under Chapter 4.
The details of both work experience and workplace learning is provided in
Ministerial Orders.
The sections reflect current practice and have recently been updated.
No significant changes have been made to the current sections.
Division 2--Practical Placement
This Division deals with practical placement agreements for students, and
accommodates the Workplace Relations Amendment (Work Choices) Act
2005. The Division provides that students do not receive remuneration and
rely on the vocation education provisions of that Act so as to provide an
incentive to employers to provide work experience to these students.
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Division 3--Minimum Terms and Conditions for Students
This Division deals with rates of pay for students under practical placement
agreements.
PART 5.5--APPRENTICES
Divisions 1 to 4
Divisions 1 to 4 deals with apprenticeships, training schemes and training
contracts and the role of the Victorian Skills Commission in those matters.
Division 5--Approved Training Agents
Clauses in this Division authorise the appointment of approved training
agents by the Minister, rather than the Governor in Council. They deal with
the appointment of approved training agents, delegations to them and a
review of their decisions.
Division 6--General
This Division requires the Victorian Skills Commission to keep a register of
apprentices, authorise the Commission to pay apprentices a subsidy to attend
courses at remote places and the power for the Commission to charge a fee
for certificates.
PART 5.6--VOLUNTEER WORKERS COMPENSATION
This part repeats sections 34A to 34I of the Education Act 1958. It deals
with the compensation for personal injuries and compensation for damage to
property to volunteers who assist in school work and approved community
work.
PART 5.7--SCHOLARSHIPS
Clause 5.7.1 deals with scholarships founded by persons in connection
with any Government schools. It repeats section 31 of the
Education Act 1958 which sets out what the moneys may be
used for. A new paragraph (d) has been added to deal with
situations where the scholarship enabled a student to
undertake a particular course or attend a post school location
and the course is no longer available or the post school
location is closed. The new paragraph (d) provides that the
Minister may direct the scholarship can be used for another
location.
Clause 5.7.2 sets out the Minister's powers to grant scholarships subject to
the regulations.
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PART 5.8--ENFORCEMENT
This Part sets out standard provisions for the appointment, identification and
powers of authorised officers for the purpose of the Act.
PART 5.9--GENERAL
Clause 5.9.1 repeats section 20(7) of the VET Act 1990, and applies it
consistently across the Bill, so as to clarify that matters can be
delegated to a person who is required to advise the person
making the delegation, before the power in the delegation can
be exercised.
Clause 5.9.2 repeats section 19 of the Education Act 1958. This section
provides that lands which on 1/1/1873 had been granted by
the Crown or reserved by the Crown for school purposes may,
subject to Act No. 391, be sold by the denominational body
and the proceeds applied as the body sees fit.
The main purpose of section 19 was to increase the powers of
trustees of non-Government schools on Crown lands to enable
them to sell the lands.
Clause 5.9.3 sets out for the purposes of section 85 of the Constitution
Act 1975 the intention of clauses 2.2.2, 2.3.31 and 2.4.22 to
limit the jurisdiction of the Supreme Court of Victoria to
entertain legal actions in respect of the matters in those
clauses.
PART 5.10--DELEGATED LEGISLATION
Clause 5.10.1 is a general regulation making power and empowers
regulations to also be made for any matters listed in
Schedule 5.
Clause 5.10.2 provides for the scope of regulations.
Clause 5.10.3 is a power for the Governor in Council to make Orders.
Clause 5.10.4 is a power to make Ministerial Orders for matters previously
mentioned in the Bill, and mentions that Orders may also be
made for any matters listed in Schedule 6.
Clause 5.10.5 repeats section 11(5) of the Teaching Service Act 1981 to
enable Orders in respect of the Teaching Service to be
retrospective in operation. This is necessary to enable salary
increases and other entitlements to be awarded from a date
before the making of the Order.
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Clause 5.10.6 requires any Order relating to the suspension or expulsion of
students in Government schools to be tabled before, and
subject to disallowance by, Parliament.
CHAPTER 6--REPEALS, AMENDMENTS, SAVINGS AND
TRANSITIONALS
This Chapter provides the repeals, consequential amendments and
transitional provisions consequent on the new and re-enacted provisions in
the Bill.
52