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Education Legislation Amendment
(Victorian Institute of Teaching, TAFE
and Other Matters) Bill 2018
Introduction Print
EXPLANATORY MEMORANDUM
General
The Education Legislation Amendment (Victorian Institute for Teaching
TAFE and Other Matters) Bill 2018 amends the Education and Training
Reform Act 2006 to align the Victorian Institute of Teaching (VIT) scheme
for registering school and early childhood teachers with the general scheme
in the Working with Children Act 2005 for assessing applicants for a
working with children check. In doing so, the VIT will perform its
regulatory functions by reference to substantially the same categories of
sexual, physical and other serious offences and serious misconduct that are
applied by the Working with Children Check Unit of the Department of
Justice and Regulation under the Working with Children Act 2005.
Complementing these changes are amendments to the Working with
Children Act 2005 that will require a registered teacher to promptly notify
the Working with Children Check Unit via the Secretary within the meaning
of that Act of the details of their work with children (other than at a school or
early childhood service). Related amendments are also made to the
Children, Youth and Families Act 2005.
The Bill also amends the Education and Training Reform Act 2006 to
enable a TAFE institute to merge with an adult education institution, to
remove the requirement for TAFE institutes or adult education institutions to
hold annual meetings; to enable the Victorian Registration and Qualifications
Authority to handle complaints against its authorised officers or against
persons, bodies or schools registered or approved under Parts 4.3 or 4.5A
of the Education and Training Reform Act 2006, and makes miscellaneous
amendments to the Public Administration Act 2004.
581396 1 BILL LA INTRODUCTION 27/3/2018
Further, the Bill amends all the public university Acts (namely the Deakin
University Act 2009, the Federation University Australia Act 2010,
the La Trobe University Act 2009, the Monash University Act 2009,
the Royal Melbourne Institute of Technology Act 2010, the University
of Swinburne University of Technology Act 2010, the University of
Melbourne Act 2009 and the Victoria University Act 2010 to provide
greater flexibility for filling particular university Council vacancies including
appointment terms.
Clause Notes
Part 1--Preliminary
Clause 1 sets out the purposes of the Bill which, in addition to
miscellaneous amendments that improve the drafting or operation
of the Education and Training Reform Act 2006, include
amendments to Part 2.6 of that Act to improve the scheme for
the registration, discipline and deregistration of teachers by the
VIT having considered various serious offences (whether proven
or charged), the transfer of power to remove an acting member
of the VIT Council from the Chairperson to the Minister;
amendments to Parts 4.2 and 5.8 of that Act to confer additional
complaint handling functions on the VRQA; amendments to
Part 5.10 of that Act to exempt from publication Ministerial
Orders that contain personal information about a child and to
require the VIT to consider the wellbeing and safety of children
when performing its functions.
Further, the Bill amends the Working with Children Act 2005
to require a registered teacher who is exempt under that Act
to notify the Secretary under that Act of the organisations
where they are engaged in child-related work (outside of a
school or early childhood service), provide for a penalty for
non-compliance with this requirement, and improve the flow of
information between the VIT, the Working with Children Unit,
other regulators and regulated organisations with the objective
of protecting children from abuse or harm. The Bill also makes
amendments to the Children, Youth and Families Act 2005
requiring the Suitability Panel to notify the VIT in relation to a
person's disqualification as an out of home carer.
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Parts 3.1 and 3.3 of the Education and Training Reform
Act 2006 will be amended to enable a TAFE institute to merge
with an adult education institution.
In addition, all the university acts will be amended to remove
the requirement that university Council terms must end on
31 December and amend the appointment terms including to
allow casual vacancies on a university Council to be treated as
new appointments with respect to Council appointed and
government appointed members.
Clause 2 is the commencement provision, which provides for Part 1
and Part 3 (except sections 37, 41 and 44) and sections 50, 51,
52, 53, 65 and 72(1) to come into operation on the day after the
day the Act receives Royal Assent. The rest of the provisions
come into operation on a day or days to be proclaimed, or on
1 September 2019 if not proclaimed before that date. The default
commencement date accommodates the policy intention that the
penalty provisions that attach to the new obligations imposed on
registered teachers (in Part 2.6 of the Education and Training
Reform Act 2006 and in the Working with Children Act 2005)
will commence around 6 months after the commencement of the
new obligations. In turn, it is proposed that the commencement
of the new obligations on teachers be deferred until appropriate
systems are established for the new notifications to be made to
the Secretary under the Working with Children Act 2005
pursuant to the amendment made to that Act by clause 66. It is
anticipated that the systems will be ready by early 2019 at the
latest. Other provisions in the Bill are expected to be
commenced promptly after the Bill receives the Royal Assent,
while the commencement of clauses 37, 41 and 44 will occur
when the proposed Order to merge the Box Hill TAFE Institute
and the Centre for Adult Education commences.
Clause 3 provides that in Parts 2, 3 and 4 of this Act, the Education
and Training Reform Act 2006 is called the Principal Act.
(Parts 5 and 6 contain amendments to other Acts).
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Part 2--Amendment of Education and Training Reform
Act 2006 relating to registration scheme for teachers and
early childhood teachers
Clause 4 inserts and repeals several defined terms in section 1.1.3(1) of the
Principal Act.
The definition of sexual offence will be repealed as a
consequence of the amendments made in clause 5 that insert
new definitions for different categories of offences for the
purposes of the Principal Act.
The new definition of interim negative notice adopts the same
meaning as in the Working with Children Act 2005. This is a
notice given by the Secretary of the Department of Justice and
Regulation under section 16(1)(b) or 21AE(1)(b) of that Act.
The new definition of negative notice adopts the same meaning
as in the Working with Children Act 2005. This is a negative
notice given by the Secretary of the Department of Justice and
Regulation under Part 2, or on revoking an assessment notice
under section 21C, of that Act.
The new definition of non-conviction charge is defined as
meaning a charge against a person for a category A offence or
category B offence that has been finally dealt with within the
meaning of section 6(1) of the Working with Children
Act 2005 other than by way of conviction or a finding of guilt.
Under section 6(1) of that Act a charge is finally dealt with if it
is withdrawn, dismissed, discharged by a court, the person dies
without the charge being determined, the person is acquitted or
found guilty or the person is discharged after completing a
diversion program.
The definition of national criminal history check in section
1.1.3(4)(b) of the Principal Act is being amended to include a
non-conviction charge.
Clause 5 inserts new sections 1.1.3A, 1.1.3B and 1.1.3C in the Principal
Act to define three categories of offences or conduct that are
substantially similar to the categories currently used in the
Working with Children Act 2005. A category A offence is the
most serious kind of offence, and covers a wide range of sexual
offences committed by an adult against a child, including child
pornography, as well as murder and attempted murder, and rape
offences (regardless of the victim's age). A category B offence
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covers serious drug offences, and other serious violence or drug
offences, specified physical assault or indecency offences that
involve a child (including, for example, upskirting). Category C
conduct covers any other indictable offence, and specified
summary offences, as well as serious misconduct that is not
criminal.
Each new category of offences or conduct will be used by the
VIT when registering and regulating school teachers and early
childhood teachers. The definition of category A offence will
also be relevant to the employment of government school
teachers (including casual relief teachers), and to the regulation
of the people who manage or control a registered training
organisation.
New section 1.1.3A inserts a definition of category A offence.
A category A offence includes offences, whether committed in
Victoria or elsewhere, that are the same offences (or, for offences
in other jurisdictions, have the same necessary elements) as the
offences specified in clauses 1 and 2 (if committed by an adult)
and clauses 3 to 10 of Schedule 1 to the Working with Children
Act 2005. A category A offence also includes several sexual
offences that are not in the category A offence category in the
Working with Children Act 2005. The additional offences are
currently included in the definition of sexual offence being
repealed by clause 4 of this Bill and the intention is to retain
those offences for the most serious category of offences for the
Principal Act (category A offences). Accordingly category A
offences in the Principal Act include more offences than the
corresponding category in Schedule 1 of the Working with
Children Act 2005.
New section 1.1.3B inserts a definition of category B offence.
The introduction of the category will align the offences
considered by the VIT with the offences considered by the
Working with Children Check Unit under Schedule 2 to the
Working with Children Act 2005. A category B offence covers
offences, whether committed in Victoria or elsewhere, that are
the same offences (or, for offences in other jurisdictions, have the
same necessary elements). Category B offences include serious
sexual offences where the victim is an adult, manslaughter and
other serious physical offences, serious drug offences, and the
offences of failing to protect a child from abuse and failing to
disclose suspected child abuse.
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Category B offences also include category A offences committed
by a person when they were a child. The treatment of category A
offences committed as a child will be the same as the Working
with Children Act 2005. This means that if a person committed
a category A offence, specified in clause 1 or 2 of Schedule 1 to
the Working with Children Act 2005, the offence will be
considered as a category B offence for the purposes of the
Principal Act.
New section 1.1.3C inserts a definition for category C conduct.
Category C conduct is intended to cover--
a conviction or finding of guilt of an indictable offence,
whether in Victoria or elsewhere, that is neither a
category A offence nor category B offence, as noted
above;
a conviction or finding of guilt in respect of specified
summary offences;
certain category B offences committed by a person as a
child;
conduct that is the basis of a specified kind of
disciplinary action; and
conduct that is the basis of a non-conviction charge
(as defined in clause 4).
The specified summary offences are an offence against section 23
(common assault) or section 24 (aggravated assault) of the
Summary Offences Act 1966, or an equivalent offence in
another jurisdiction.
A specified kind of disciplinary action refers to--
disciplinary action taken against the registered teacher
by an employer that is notified to the VIT under section
2.6.31 of the Principal Act;
disciplinary action taken against a person by an
organisation for which the person works (including as a
volunteer), of which the VIT becomes aware under the
reportable conduct scheme in the Child Wellbeing and
Safety Act 2005;
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a finding by a Suitability Panel, constituted under the
Children Youth and Families Act 2005, to disqualify
a person from registration as an out-of-home carer
(the amendments in clauses 70 and 71 authorise the
Suitability Panel to share information about such
findings with the VIT); and
a prescribed kind of disciplinary action. This is
intended to cover disciplinary action taken by other
regulators in Victoria, or regulatory authorities in
other jurisdictions (not limited to teacher registration
authorities, and potentially including disciplinary
action by a regulator of another profession, for example
if a person is switching to teaching from another
profession). Category C conduct will be considered
by the VIT in its discretion to assess a person's general
conduct and suitability for registration or renewal of
registration. Category C conduct is not intended to
include the VIT's own disciplinary actions (through the
hearing panels under Part 2.6 of the Principal Act)
because VIT would consider suitability to teach in any
case.
The defined term for each category includes a provision that
if the person engaged in conduct (including criminal conduct)
between 2 dates that straddle childhood and adulthood, the
conduct (including any offence) is taken to occur when the
person was an adult. This aligns with the Working with
Children Act 2005.
Clause 6 amends section 2.6.7 in the Principal Act. New subsection (1A)
inserted by subclause (1) disqualifies a person from applying for
registration as a teacher for a period of 5 years if they have
received a negative notice under the Working with Children
Act 2005. The disqualification period is reduced if the negative
notice is set aside or the person is given an assessment notice
under the Working with Children Act 2005 (a working with
children check). This amendment aligns the Principal Act with
the disqualification period in section 25 of the Working with
Children Act 2005.
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Subclause (2) inserts new section 2.6.7(4)(ad) which enables
the VIT to require an applicant seeking teacher registration to
provide information about any previous or current work with
children, including volunteer work. The policy intention is to
enable the VIT to pursue a wider line of inquiry regarding the
applicant's history of working with children for the purpose of
assessing the applicant's suitability and fitness to teach, and to be
registered as a teacher under the Principal Act.
Clause 7 amends section 2.6.9 in the Principal Act, which deals with the
VIT's powers to grant or refuse registration as a teacher in a
school.
In addition to updating the heading and internal cross-references
in section 2.6.9 (subclauses 7(1) and (2) refer), this clause inserts
a new section 2.6.9(1A) into the Principal Act to provide
3 circumstances in which the VIT must refuse an application for
a teacher registration. First, if an applicant for registration has
been charged with, or has been convicted or found guilty of,
a category A offence, or an equivalent offence in another
jurisdiction, the VIT must refuse to grant registration.
Secondly, if an applicant for registration has been charged with,
or convicted or found guilty of, a category B offence, or an
equivalent offence in another jurisdiction, the VIT must refuse
to grant registration unless the VIT considers that the applicant
does not pose an unjustifiable risk to children. Lastly, if an
applicant for registration has been given a negative notice under
the Working with Children Act 2005, the VIT must refuse to
grant registration. The introduction of an automatic refusal to
register on account of a category A offence and a rebuttable
presumption against registration for a category B offence is
consistent with the approach taken in the Working with
Children Act 2005.
A note is inserted under new section 2.6.9(1A) to direct the
reader to section 2.6.14A, inserted by clause 12, which sets out
the procedural fairness requirements if the VIT intends to refuse
to grant registration under this section.
Section 2.6.9(2) of the Principal Act is amended to remove
paragraph (b) since the definition of sexual offence is being
repealed. Instead, the substituted section 2.6.9(2)(c) will refer
to category C conduct. The VIT may grant registration to an
applicant who has engaged in category C conduct unless the VIT
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considers that the conduct affects the person's ability to teach in a
school and it is not in the public interest to allow the applicant to
teach there.
A note is inserted under section 2.6.9(2) to direct the reader to
section 2.6.15, as amended by clause 13, which sets out the
procedural fairness requirements if the VIT intends to refuse a
registration application under this section.
Clause 8 amends section 2.6.12A in the Principal Act, which deals
with applications for registration as an early childhood
teacher. The amendments made by this clause complement
the amendments made by clauses 6 and 7 regarding registration
as school teachers. A new section 2.6.12(1A) is inserted to
disqualify a person from applying for registration as an early
childhood teacher for a period of 5 years if they have received a
negative notice under the Working with Children Act 2005.
The disqualification period is reduced if the negative notice is
set aside or the person is given a working with children check.
This amendment aligns the Principal Act with the disqualification
period in section 25 of the Working with Children Act 2005.
New section 2.6.12A(7)(ca) is inserted in the Principal Act to
enable the VIT to require an applicant for registration as an early
childhood teacher to provide information about any previous
or current work with children. The policy intention noted in
clause 6 also applies to this clause for the purpose of the VIT
gathering relevant information about the applicant's suitability
to be an early childhood teacher.
Clause 9 amends section 2.6.12D of the Principal Act, regarding the VIT's
powers to grant or refuse registration of an early childhood
teacher.
In addition to updating the heading and internal cross-references
in section 2.6.12D (subclauses 9(1) and (2) refer), this clause
inserts a new section 2.6.12D(1A) to specify 3 circumstances in
which an application for registration as an early childhood
teacher must be refused. The policy rationale noted in clause 7
for the VIT's assessment of category A offences and category B
offences also applies to the registration of early childhood
teachers. An applicant for registration who has been charged
with, or has been convicted or found guilty of, a category A
offence, or an equivalent offence in another jurisdiction, will be
automatically refused registration. An applicant for registration
9
who has been charged with, or convicted or found guilty of,
a category B offence, or an equivalent offence in another
jurisdiction, will be presumed unsuitable for registration
unless the VIT considers that the applicant does not pose an
unjustifiable risk to children. An applicant for registration
who has been given a negative notice under the Working with
Children Act 2005, will be automatically refused registration.
A note under new section 2.6.12D(1A) directs the reader to
section 2.6.14A, inserted by clause 12, which sets out the
procedural fairness requirements if the VIT intends to refuse
registration under this section.
Section 2.6.12D(2) is amended to remove paragraph (b) since
the definition of sexual offence is being repealed. Instead,
the substituted section 2.6.12D(2)(c) will refer to category C
conduct. The policy rationale noted in clause 7 for the VIT's
assessment of category C conduct also applies to registration of
early childhood teachers. The VIT may grant registration unless
the VIT considers that the conduct affects the person's ability to
teach in an early childhood service and it is not in the public
interest to allow the applicant to teach there.
A note under section 2.6.12D(2) directs the reader to
section 2.6.15, as amended by clause 13, which sets out the
procedural fairness requirements if the VIT intends to refuse
a registration application on a ground under this section.
Clause 10 amends section 2.6.13 of the Principal Act, regarding
applications for permission to teach, and the grounds upon
which the VIT may refuse to grant the permission sought.
A new section 2.6.13(1A) is inserted to disqualify a person from
applying for permission to teach for 5 years if they have received
a negative notice under the Working with Children Act 2005,
and that notice is not set aside or overridden by an assessment
notice given under that Act. Similar to the amendments made by
clauses 6 and 8, this amendment will align the Principal Act with
section 25 of the Working with Children Act 2005.
In addition, section 2.6.13(3) of the Principal Act is substituted
to enable the VIT to request from an applicant for permission
to teach information about criminal records and any previous or
current work by the applicant involving children.
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Clause 11 amends section 2.6.14 of the Principal Act (regarding the VIT's
decision to grant or refuse permission to teach) to insert a
cross-reference to the new grounds for refusal of registration
under new section 2.6.9(1A).
Clause 12 inserts new section 2.6.14A into the Principal Act, which sets
out the VIT's procedural fairness obligations regarding a
refusal to register under the grounds in new sections 2.6.9(1A)
and 2.6.12D(1A).
If the VIT is proposing to refuse to register an applicant under
new section 2.6.9(1A) or 2.6.12D(1A), regarding a category A
or B offence or a negative notice, the VIT must provide notice of
intention that states the following--
that the VIT proposes to refuse the application;
the ground(s) on which the proposed refusal is based;
the particular offence(s) the applicant is charged with,
or has been convicted or found guilty of, that forms the
basis for the above refusal ground(s);
the negative notice given to the applicant that forms the
basis for the grounds on which the proposal is based;
if the offence is a category B offence, the reasons
why the VIT believes that the applicant would pose an
unjustifiable risk to children if the application were
granted;
that the applicant is entitled to show, within the
show cause period, why the VIT should not refuse
the application; and
any requirements of the VIT relating to the form or
content of a submission made by the applicant.
When the VIT issues a notice regarding a category A
offence (section 2.6.9(1A)(a) or (c) or 2.6.12D(1A)(a)
or (c)) or a negative notice, the show cause period is 14 days.
When the VIT issues a notice regarding a category B offence
(section 2.6.9(1A)(b) or 2.6.12D(1A)(b)) the show cause period
is 28 days. The applicant may make written submissions to the
VIT regarding the proposal to refuse an application. The VIT
must take into account any submissions received from the
applicant before making its decision.
11
The show cause period is shorter for a category A offence
because the Principal Act will require the VIT to refuse
registration based only on the fact of a conviction or charge laid
for a category A offence. This means the only reason why the
VIT should not refuse the application is for mistake of fact
(such as mistaken identity or mistake about the kind of offence
that forms the basis for the conviction or charge). The show
cause period relating to a negative notice is also 14 days because
submissions relating to this ground will only relate to whether the
person is not the person subject to the negative notice or whether
the negative notice is no longer in force. The process relating to
a category B offence is more complex--and requires a longer
show cause period--so the applicant may make submissions to
the VIT about how it should consider and assess risk or weigh
other relevant considerations concerning the applicant's conduct
and suitability to teach.
Clause 13 amends section 2.6.15 of the Principal Act, which deals with
a person's entitlement to make submissions where the VIT is
proposing to refuse to register or renew registration except
on the grounds to which new section 2.6.14A applies.
Section 2.6.15 is amended to distinguish the entitlement to make
submissions to the VIT under this section from the procedural
fairness requirements in new section 2.6.14A, inserted by
clause 12.
As amended, section 2.6.15 would apply only to the VIT's
proposed decisions to refuse registration (including renewal)
where there is no refusal ground linked to a category A or
category B offence or negative notice and also applies to the
imposition of conditions, limitations or restrictions on a teacher's
registration.
To ensure procedural fairness new section 2.6.15(c) is inserted
to require the VIT to take into account any submissions that the
applicant makes before making a decision under this section.
New sections 2.6.15(2) and (3) are inserted to enable the
applicant to make written submissions to the VIT if the VIT
intends to refuse to grant an application within a period specified
in the notice, which should be no less than 28 days.
12
Clause 14 substitutes section 2.6.19 of the Principal Act, which deals
with the VIT's decision to refuse to renew a registration.
The substitution is consequential to the new mandatory grounds
of refusal of registration and confirms that the VIT may refuse
to renew a registration on any ground for which it may refuse to
grant registration and must refuse to renew registration on any
ground for which it must refuse to grant registration.
Clause 15 inserts a penalty provision at the foot of section 2.6.21A in the
Principal Act to provide a maximum penalty of 10 penalty units
if a registered teacher fails to notify the VIT regarding a change
of name or correspondence address. The penalty is being
introduced since it is essential for the VIT to hold correct and
current information about the teachers they register and regulate.
The 30-day timeframe for a teacher to notify the VIT remains the
same. Clause 36 inserts a transitional provision relating to this
clause.
Clause 16 inserts a penalty provision at the foot of section 2.6.26AB(1)
and (2) in the Principal Act to provide a maximum penalty of
10 penalty units if a registered teacher fails to notify the VIT
within 30 days of changes to their employment at a school.
The penalty is being introduced since it is essential for the VIT
to hold current information about the school(s) a registered
teacher is employed at. The 30-day timeframe for a teacher
to notify the VIT remains the same. Clause 36 inserts a related
transitional provision.
Clause 17 inserts a penalty provision at the foot of section 2.6.26C(1)
and (2) in the Principal Act to provide a maximum penalty of
10 penalty units if an early childhood teacher fails to notify the
VIT within 30 days of changes to their employment as a teacher
at an early childhood service. The penalty is being introduced
since it is essential for the VIT to hold correct and current
information about the service a registered early childhood teacher
is employed at. The 30-day timeframe for a teacher to notify the
VIT remains the same. Clause 36 inserts a related transitional
provision.
Clause 18 inserts new section 2.6.26E into the Principal Act to enable the
VIT to share information received from registered teachers or
applicants for registration with the Secretary of the Department
of Justice and Regulation. The information relates specifically
to the person's child-related work, as defined in section 9 of the
13
Working with Children Act 2005. The policy intention is
to enable the VIT to share information with the Working with
Children Check Unit if necessary to promote the protection of
children from harm.
Clause 19 substitutes and restructures section 2.6.27 of the Principal
Act concerning when the VIT may suspend registration
under Part 2.6 without first conducting an inquiry.
Section 2.6.27(1) is replaced with a new section 2.6.27(1)
and (2). New section 2.6.27(1) provides that the VIT may
suspend all registrations held under Part 2.6 without first
conducting an inquiry if the teacher is charged with a category B
offence, or an equivalent offence in another jurisdiction.
New section 2.6.27(2) provides that the VIT must suspend
without inquiry any registration held by a person under Part 2.6
if that person--
has been charged with a category A offence, or an
equivalent offence in another jurisdiction; or
is the subject of an interim negative notice under the
Working with Children Act 2005.
New section 2.6.27A contains the process that the VIT must
follow when issuing a notice for a proposed suspension without
inquiry. The section requires that the VIT serve a notice on a
person advising them of the grounds for the suspension if they
intend to suspend a registration under Part 2.6. New section
2.6.27A(2)(c) provides that if the suspension relates to the laying
of a charge for a category B offence then they have 28 days to
make written submissions about the intended suspension.
New section 2.6.27A(2)(d) provides that if the suspension relates
to the laying of a charge for a category A offence or the issuing
of an interim negative notice under the Working with Children
Act 2005 then the registered teacher has 14 days to lodge written
information with the Institute.
New section 2.6.27A(3) requires the VIT to notify any person
who employs a person who is subject to an intended suspension
that a notice under this section has been served.
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New section 2.6.27B sets out the procedural fairness provisions
regarding the submission or information that a registered teacher
may make or give in response to VIT's notice about its intention
to immediately suspend a registration under Part 2.6.
New section 2.6.27B(1) provides that, in relation to a notice of
intention to suspend registration relating to a category B offence,
the submission needs to demonstrate that the teacher does not
pose an unjustifiable risk to children and that they remain
suitable to teach until the category B offence with which the
person is charged is finally dealt with. The submission is to be
made within 28 days of the person being served the notice of
intended suspension of registration.
New section 2.6.27B(2) provides that, in relation to a notice of
intention to suspend registration relating to a category A offence,
the information needs to demonstrate that--
the person is not the person charged with the category A
offence referred to in the notice of intention to suspend;
they are not the person who is the subject of the interim
notice being referred to in the notice of intention to
suspend;
the category A offence charge has been withdrawn; or
since the issuing of the interim notice being referred to
in the notice of intention to suspend, a decision has been
made to give an assessment notice or not to revoke an
assessment notice issued under the Working with
Children Act 2005.
The intention is that the only reason that a registration would not
be suspended if a person is charged with a category A offence or
given an interim notice is if there is a case of mistaken identity
or the charges have been withdrawn or an assessment notice has
subsequently been issued or not revoked by the Working with
Children Check Unit.
New section 2.6.27C requires that the VIT take into account any
submissions or information lodged by a person in relation to a
notice served under section 2.6.27A.
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New section 2.6.27D requires that, if the VIT suspends the
registration of a person under Division 8 then it must notify
certain people including--
the person whose registration has been suspended
advising them that their registration is suspended, the
date the suspension takes effect and the period of the
suspension;
any person employing the person whose registration has
been suspended including a school or early childhood
service; and
the Working with Children Check Unit (via the
Secretary of the Department that administers the
Working with Children Act 2005).
Requiring the VIT to notify the Working with Children Unit
helps to close the notification gap because the Working with
Children Check Unit can use information from the VIT to notify
other organisations where the registered teacher is known to work
with children (as a result of amendments made to the Working
with Children Act 2005 made by clauses 66 and 67 in this Bill).
New section 2.6.27E provides that a suspension is valid for the
period provided in the notice to suspend a registration and that
the validity of a suspension is not affected by a failure by the
VIT to not provide or serve a notice under sections 2.6.27A(3)
or 2.6.27D(2) to an employer or to the Secretary under the
Working with Children Act 2005 (Working with Children
Check Unit).
New section 2.6.27F is inserted to specify the circumstances
in which a suspension remains in force. A suspension remains
in force if the VIT revokes the suspension or, in the case of a
charge that forms the grounds of a suspension, that charge
has been dealt with in the manner provided for in section
2.6.27F(1)(b). Section 2.6.27F(2) provides that if more than one
charge forms the grounds for suspension then the suspension
remains until each charge has been dealt with as provided for in
section 2.6.27F(1)(b). An additional circumstance to determine
the end of a period of suspension is if a teacher was suspended
because they are the subject of an interim negative notice under
the Working with Children Act 2005. In that case, the
suspension remains in force until an assessment notice has
been given to the person under that Act or a decision has been
16
made to not revoke an assessment notice held by that person.
The suspension is lifted because in each case the Working with
Children Unit has positively decided that the person is suitable
to work with children.
New section 2.6.27G requires the VIT to immediately notify a
person subject to suspension, any employer that was notified of
their suspension under section 2.6.27D(2) and the Working with
Children Check Unit of the revocation of a suspension.
Clause 20 amends the heading to section 2.6.28B of the Principal Act to
better describe the scope of the section, which requires the VIT
to notify employers whenever it suspends an early childhood
teacher.
New section 2.6.28B(4) is inserted to require the VIT to provide
the Working with Children Check Unit via the Secretary under
the Working with Children Act 2005 with a copy of the interim
suspension notice issued to an early childhood teacher under
Division 8A of Part 2.6 of the Principal Act.
Clause 21 amends section 2.6.28H of the Principal Act to require the VIT to
notify the Working with Children Check Unit via the Secretary
under the Working with Children Act 2005 of a revocation of
an interim suspension of a teacher or an early childhood teacher.
Clause 22 makes several amendments to section 2.6.29 of the Principal Act
concerning the automatic cancellation of a person registered
under Part 2.6 of the Principal Act.
The section heading is amended to remove the phrase
"permission to teach" which is redundant since registration
under Part 2.6 includes permission to teach.
Section 2.6.29(1) and (2) of the Principal Act are substituted by
new section 2.6.9(1) which provides that the registration of a
registered teacher (as defined in section 1.1.3) is cancelled if
they are convicted or found guilty of a category A offence or
an equivalent offence in another jurisdiction or given a negative
notice under the Working with Children Act 2005.
Section 2.6.29(3) is substituted. The restated section provides
that a person whose registration is cancelled under 2.6.29(1)
(as amended) is not entitled to apply again for registration under
Part 2.6 for an indefinite period. This is because a conviction
or finding of guilt for a category A offence is the most serious
17
offence for the purposes of the Principal Act. If the registration
was cancelled due to a negative notice under the Working with
Children Act 2005 then a person is not entitled to apply for
registration for a period of 5 years unless the negative notice is
set aside or an assessment notice is given to that person under
that Act. Once this happens the prohibition on applying for
registration is lifted (see new section 2.6.29(3A)).
Sections 2.6.29(4) and (5) are amended by subclauses (4) and (5)
to remove references to subsection (2) which is repealed by this
clause.
Subclause (6) amends section 2.6.29(7) to substitute references
to "sexual offence" with "category A offence or the giving of a
negative notice". As a result, section 2.6.29 has the effect of
automatically cancelling a teacher's registration on account of a
category A offence or negative notice under the Working with
Children Act 2005, whether or not the underlying conduct that
constituted the offence occurred before or after 1 July 2007
(the commencement date for Chapter 3 of the Principal Act).
Clause 23 inserts a new section 2.6.29D into the Principal Act to require the
VIT to notify the Working with Children Unit via the Secretary
under the Working with Children Act 2005 about--
any suspension of the registration of a registered
teacher under section 2.6.29A which relates to
voluntary suspensions;
any revocation of the suspension of the registration of
a registered teacher under section 2.6.29B relating to
agreements between the VIT and the registered teacher
to revoke a suspension of the registration;
any cancellation of the registration of a registered
teacher under section 2.6.29C relating to a registered
teacher surrendering their registration.
Clause 24 makes a technical amendment to section 2.6.30(1)(a) of the
Principal Act to remove the reference to section 2.6.32 of the
Principal Act. Section 2.6.30 gives the VIT a discretionary
power to inquire into certain complaints or information
received about a registered teacher. Conversely section 2.6.32
(as amended by clause 26) imposes a duty on the VIT to conduct
an inquiry into a teacher's fitness to teach if the VIT receives
18
particular kinds of information about a registered teacher's
conduct.
Clause 25 amends section 2.6.31 of the Principal Act, which requires
specified people to notify the VIT of particular information.
The amendments are consequential to the amendments that
improve the alignment of Part 2.6 of the Principal Act with
the Working with Children Act 2005.
Section 2.6.31(3) is substituted to require the employer of a
registered teacher to immediately notify the VIT if they become
aware that a registered teacher--
is currently charged with, or has been convicted or
found guilty of a category A or B offence; or
has received a negative notice under the Working
with Children Act 2005.
Section 2.6.31(4) is substituted to require the Chief
Commissioner of Police to immediately notify the VIT once
aware that a registered teacher has been charged with, or found
guilty of, a category A or B offence.
Clause 26 substitutes section 2.6.32 of the Principal Act, which requires
the VIT to conduct an inquiry into a registered teacher's fitness
to teach if the VIT is informed that a registered teacher has
been convicted or found guilty of particular criminal conduct.
As amended, the VIT must conduct an inquiry if it is informed
that a registered teacher has been convicted or found guilty of a
category B offence or an offence specified in paragraph (a) or (c)
of the definition of category C conduct (see clause 5), or is the
subject of a non-conviction charge (see clause 4). Paragraph (b)
of category C conduct is excluded from this section because that
conduct concerns offences committed when the teacher was a
child. Such historical conduct need not trigger a mandatory
inquiry into the teacher's suitability to teach.
Clause 27 amends section 2.6.33, which deals with the VIT's duty to
investigate particular teacher conduct matters. The amendments
are consequential to the amendments that improve the alignment
of Part 2.6 of the Principal Act with the Working with Children
Act 2005.
19
Sections 2.6.33(1)(c) and (d) are substituted to require the VIT to
investigate if they have been informed that a registered teacher
has been convicted or found guilty of a category B offence or
an offence specified in paragraph (a) or (c) of the definition of
category C conduct, or is the subject of a non-conviction charge.
In addition the VIT is required to investigate further if informed
by a person or organisation for which a registered teacher
undertakes work (including work as a volunteer) that disciplinary
action has been taken against the registered teacher.
These offences and misconduct allegations are serious and
require further investigation because the VIT needs to satisfy
itself that the teacher does not pose an unjustifiable risk to any
child's safety and remains suitable to teach children in a school
or early childhood service.
Clause 28 amends section 2.6.46 of the Principal Act which deals with the
outcomes of a formal disciplinary hearing into the conduct of a
registered teacher.
Section 2.6.46(2)(f) is substituted to enable a formal hearing
panel to make a finding that a teacher has been convicted or
found guilty of a category B offence or an equivalent offence in
another jurisdiction and is not fit to teach. If the panel makes a
finding that the teacher is not fit to teach because of category B
offences, new section 2.6.46(2AA) will oblige the panel to make
a determination to cancel the teacher's registration.
Despite new section 2.6.46(2AA) inserted by subclause (2), new
section 2.6.46(2AB) gives the formal hearing panel a residual
discretion to not cancel the teacher's registration. This discretion
requires the panel to make a finding the teacher is fit to teach
despite being convicted of a category B offence or an equivalent
offence in another jurisdiction. The panel may conclude that the
teacher is still fit to teach (despite the offence) if the panel is
satisfied that a reasonable person would allow their child to
have direct contact with the teacher. This residual discretion is
intended to consider factors including the severity of the offence
and when the offence was committed--for example category B
offences may have been committed by the person when they
were a child, and there may be other evidence about the person to
support the conclusion that they have the character and conduct
that makes them suitable to teach children.
20
Clause 29 makes a technical amendment to section 2.6.51 of the
Principal Act, regarding who the VIT must notify after a
disciplinary determination is made by a formal hearing panel.
Section 2.6.51(g) is amended to refer to the Secretary within
the meaning of the Working with Children Act 2005 instead
of the Secretary of the Department of Justice (since the name
of the Department administering the Act can change over time).
Clause 30 makes technical amendments to section 2.6.54C of the Principal
Act regarding the contents of the VIT's register of disciplinary
actions. The amendments replace references to "sexual offence"
with "category A offence" since the definition of sexual offence
is being repealed, and a category A offence inserted as the most
serious category of offence in the Principal Act. Being given a
negative notice under the Working with Children Act 2005 is
also referred to. This is to align with other amendments to the
Principal Act in relation to the effect a negative notice has on a
person's eligibility to apply for and maintain registration under
Part 2.6 of the Principal Act.
Clause 31 makes technical amendments to section 2.6.55 of the Principal
Act, concerning review of the VIT's decisions by the Victorian
Civil and Administrative Tribunal (VCAT). Section 2.6.55(3)
is amended to replace references to "sexual offence" with
"category A offence" since the definition of sexual offence is
being repealed, and a category A offence inserted as the most
serious category of offence in the Principal Act. Being given a
negative notice under the Working with Children Act 2005 is
also referred to. This means a person may not seek VCAT
review of a VIT decision to refuse to grant registration under
Part 2.6 due to the applicant's conviction or guilty finding
for a category A offence or being given a negative notice.
Section 2.6.55(3) recognises that VIT's decision is based purely
on fact, and required by operation of law (see clauses 7 and 9).
If the VIT makes a jurisdictional error, the affected person may
apply to a court for judicial review.
Clause 32 amends section 2.6.57 of the Principal Act, which requires a
registered teacher to notify the VIT within 30 days of the teacher
being committed for trial or convicted of specified kinds of
offences. The amendments replace "sexual offence or other
indictable offence" with "category A offence, a category B
offence or an offence specified in paragraph (a) or (c) of the
21
definition of category C conduct". These amendments are
consequential to the repeal of the definition of sexual offence,
and the introduction of separate categories of offences and
conduct (see clauses 4 and 5).
Clause 33 makes technical amendments to various sections in the
Principal Act to replace the reference to "sexual offence"
with "category A offence" or an equivalent offence in another
jurisdiction and to deal with the circumstance of a person being
given a negative notice under the Working with Children
Act 2005. This is consequential to the repeal of the definition
of sexual offence and the introduction of a category A offence
as the most serious category of offence in the Principal Act.
The textual amendments all relate to the employment and
regulation of registered teachers, with the amendments in
Parts 2.3 and 2.4 of the Principal Act concerning the employment
of teachers who work in the teaching service. A teacher working
in a government school or early childhood service (including as
a casual relief teacher) or a person with temporary approval to
work in an early childhood service will have their employment
terminated if they are convicted of a category A offence or if they
are given a negative notice and their registration is cancelled
under Part 2.6.
Clause 34 amends section 4.3.16(2A)(b)(i) of the Principal Act to replace
the reference to "sexual offence" with "category A offence"
since the definition of sexual offence is being repealed, and a
category A offence inserted as the most serious category of
offence in the Principal Act. The introduction of a category A
offence as the most serious category of offence will apply to
the decision by the Victorian Registration and Qualifications
Authority (the VRQA) to register a registered training
organisation, when it assesses the suitability of a high managerial
agent in an organisation.
Clause 35 amends section 4.3.21(3)(e)(i) of the Principal Act to replace the
reference to "sexual offence" with "category A offence" since the
definition of sexual offence is being repealed, and a category A
offence inserted. The introduction of a category A offence as
the most serious category of offence in the Principal Act will
be a ground for the VRQA to amend, suspend or cancel the
registration of a registered training organisation on the basis of
22
the organisation (if an individual), or a high managerial agent of
that organisation, has been convicted of a category A offence.
Clause 36 inserts new section 6.1.43 into the Principal Act which
contains transitional provisions that affect the operation of
the amendments made by clauses 15 to 17 of this Bill.
The penalties introduced into the Principal Act by clauses 15
to 17 will not apply in respect of any failure by a registered
teacher to notify the VIT of the change in name or address,
or start or cessation of employment that occurred immediately
before the commencement of each clause. The policy intention
is to proclaim the commencement of clauses 15 to 17 sometime
after the commencement of the other amendments to Part 2.6
of the Principal Act and the amendment to the Working with
Children Act 2005 made by clause 66. This is to allow
sufficient time to communicate the new penalties to teachers.
Part 3--Amendment of Education and Training Reform
Act 2006 relating to mergers of TAFE institutes and
adult education institutions
Clause 37 repeals the definitions of adult education institution and
Centre for Adult Education in section 1.1.3 of the Principal Act
as a result of other amendments in the Bill that will result in the
Centre for Adult Education being abolished once it merges with
the Box Hill TAFE institute.
It is intended that the repeal of the definitions will occur on
the commencement date for the Order in Council to merge
the Centre for Adult Education and the Box Hill Institute.
Clause 38 amends section 3.1.11 of the Principal Act to empower the
Governor in Council to make an Order merging a TAFE
institute with an adult education institution, excluding the
Adult Multicultural Education Services (AMES). Any Order
merging a TAFE institute and adult education institution must
be published in the Government Gazette.
The AMES is excluded because it has specific functions under
the Principal Act to provide services to recently arrived migrants,
refugees and humanitarian entrants. To ensure that AMES is able
to fulfil this function, it is appropriate for it to remain a separate
entity.
23
Clause 39 inserts a new section 3.1.15(1)(ab) in the Principal Act which
makes the board of a TAFE institute that has taken on the
functions of an adult education institution accountable for
complying with any performance agreement that the adult
education institution was subject to under section 3.3.7 of the
Principal Act. This recognises that the TAFE institute is, in
accordance with that Act, the successor in law to the obligations
and duties of the adult education institution.
Clause 40 inserts a new section 3.1.26AB in the Principal Act which sets
out the consequences of the merger between a TAFE institute
and an adult education institution effected by an Order in Council
made under section 3.1.11(1)(da) of the Principal Act. From the
commencement day specified in the Order, the adult education
institution is abolished, and the TAFE institute assumes all of the
functions, powers, liabilities, rights, obligations, debts, property
and assets of the adult education institution. The Order also
determines what happens to the board members and chief
executive officer for the adult education institution that is being
taken over by the TAFE institute.
Following the merger of a TAFE institute and an adult education
institution, the employees of the adult education institution will
be transferred to the TAFE institute under Part 2-8 of the Fair
Work Act 2009 of the Commonwealth.
Clause 41 repeals the definition of Board of the Centre for Adult
Education in section 3.3.1 of the Principal Act because
the Centre of Adult Education will be abolished following
the making of an Order under new section 3.1.11(1)(da).
It is intended that this repeal will take effect when the Order
in Council merging the Centre for Adult Education and Box Hill
TAFE Institute comes into operation.
Clause 42 amends section 3.3.6 of the Principal Act. Section 3.3.6
allows the Adult, Community and Further Education Board
(ACFE Board) to make payments to a number of different
organisations. Currently, paragraph (c) allows payments to
be made to the board of a TAFE institute, and paragraph (d)
allows payments to be made to the governing board of an adult
education institution.
24
The textual amendments to paragraphs (c) and (d) will allow
payments to be made to TAFE institutes and adult education
institutions, instead of their boards. This reflects previous
amendments to the Principal Act which conferred corporate
status on TAFE institutes and adult education institutions and
unincorporated the governing boards. As a result, the recipient
of the payment is no longer the board but the TAFE institute or
the adult education institution.
Clause 43 amends section 3.3.7 of the Principal Act in a corresponding
fashion to the amendment made by clause 41, for the same
reason. As a result, when the ACFE Board enters into
performance agreements it does so with adult education
institution, and not the board of the institution.
Clause 44 repeals section 3.3.27 of the Principal Act regarding the
establishment of the Centre of Adult Education because it
will be abolished following the making of an Order under
new section 3.1.11(1)(da).
Like clause 43, it is intended that the repeal will take effect
when the Order in Council merging the Centre for
Adult Education and Box Hill TAFE Institute comes into
operation.
Clause 45 amends clause 1(1) and (2) of Schedule 3 to the Principal Act
to clarify that TAFE institutes, and not TAFE boards, are the
entities that employ staff.
Part 4--Other amendments to Education
and Training Reform Act 2006
Clause 46 amends the definition of Ministerial Council and moves it
from section 4.1.1(1) to section 1.1.3(1) of the Principal Act
since the definition is used in several Parts of the Principal Act.
The amendment to the definition recognises that the Ministerial
Council has been reconstituted. The amended definition is
simpler and clearer and can accommodate subsequent changes
to the constitution of the Ministerial Council.
Clause 47 inserts new section 2.6.3(1A) of the Principal Act. New section
2.6.3(1A) confers an additional function on VIT that requires
the VIT to consider the wellbeing and safety of children,
including by taking into account community expectations,
when performing any regulatory function. The VIT's regulatory
25
functions include its registration decisions, development and
promotion of a code of conduct, and its inquiry and disciplinary
proceedings. The policy intention is to strengthen the VIT's
decision making about teacher conduct and suitability to
teach. Requiring the VIT to consider, and give some weight
to, community expectations about the safety and wellbeing
of children when regulating teachers is especially important
where allegations or findings have been made (by VIT or other
regulators, courts, or tribunals) that a person who is, or seeks to
be, a teacher has engaged in conduct with a child that is improper
or unlawful.
Clause 48 repeals section 2.6.62(3) of the Principal Act concerning the
power of the Chairperson of the VIT Council to remove or
suspend an acting member of the Council. In 2016, section
2.6.64 of the Principal Act was amended (see Act No. 42 of
2016) to empower the Minister for Education to appoint acting
members to the VIT Council. No corresponding amendment was
made to repeal section 2.6.62(3), which conferred on the
Chairperson of the VIT Council a power to remove an acting
member from the VIT Council. The amendment made by this
clause would revoke the Chairperson's power. It is normal for
the person who is empowered to make the appointment to also
have the power to revoke the appointment.
Clause 49 inserts a new section 2.6.64(4) in the Principal Act to empower
the Minister for Education to remove or suspend an acting
member of the VIT Council from office (see above clause 48).
Clause 50 repeals section 3.1.18D of the Principal Act to remove the
requirement for TAFE institutes to hold annual meetings.
Given the existence of other accountability measures, such as
annual reports and stakeholder engagement frameworks, the
requirement for TAFE institutes to continue to hold annual
meetings is obsolete.
However, TAFE institutes could still choose to hold annual
meetings.
Clause 51 amends section 3.1.26AA of the Principal Act as a consequence
of the repeal of section 3.3.34D (clause 53 refers).
26
Clause 52 makes a technical amendment to section 3.3.26(2) of the
Principal Act to clarify that the Board of the AMES is not a
body corporate. The board was unincorporated in 2012 by
amendments in the Education Legislation Amendment
(Governance) Act 2012 which also established AMES as a
body corporate.
Clause 53 repeals section 3.3.34D of the Principal Act to remove the
requirement for adult education institutions to hold annual
meetings.
Given the existence of other accountability measures, such
as annual reports and stakeholder engagement frameworks,
the requirement for adult education institutions to continue
to hold annual meetings is obsolete.
However, adult education institutions could still choose to
hold annual meetings.
Clause 54 repeals the definition of Ministerial Council in section 4.1.1
of the Principal Act as a consequence of the amendments in
clause 46. The definition of Ministerial Council is moved
from section 4.1.1(1) to section 1.1.3(1) of the Principal Act
since the definition is used in several Parts of the Principal Act.
Clause 55 amends section 4.2.2 of the Principal Act, which sets out the
functions of the VRQA. This clause inserts a new function
in section 4.2.2(1)(nd) to enable the VRQA to investigate
complaints made against persons, bodies or schools or
institutions registered or approved under Part 4.3 or 4.5A
or the parent responsible for the home schooling of a student
registered under section 4.3.9 in relation to a failure to comply
with this Act, the regulations, a Ministerial Order or a condition
of registration or approval. The policy intention is to formalise in
the Principal Act a complaint handling function that the VRQA
has been undertaking administratively to date. The performance
of the function is regulated by amendments made in clause 58.
Clause 56 inserts a new Division 1 heading into Part 4.6A of the Principal
Act. Division 1 deals with the handling of complaints
and dispute resolution by registered training organisations.
Division 1 contains the existing provisions in Part 4.6A
(as amended by the following clause).
27
Clause 57 makes technical amendments to existing sections in Part 4.6A
of the Principal Act to reflecting the restructuring of that Part
as a consequence of the amendment made by clause 56.
Clause 58 inserts a new Division 2 into Part 4.6A of the Principal Act.
The new Division 2 deals with the investigation of complaints
by the VRQA. This new division is connected to the new
function conferred on the VRQA by clause 55.
New section 4.6A.7 provides that a person (the complainant)
may make a complaint to the VRQA alleging that a person,
body or school registered or approved under Part 4.3 or 4.5A
(the provider) or a parent of a home-schooled student has failed
to comply with this Act, the regulations, a Ministerial Order or a
condition of the registration or approval. The written application
to the VRQA has to be within 12 months of the alleged non-
compliance.
New section 4.6A.8 requires the VRQA to investigate a
complaint made under section 4.6A.7 unless--
the VRQA is of the opinion that the complaint is trivial,
vexatious or without substance;
the VRQA is of the opinion that, before making the
complaint with the VRQA, the complaint has not been
raised with the provider or parent;
the VRQA is of the opinion that the complainant
has brought the complaint prematurely to the VRQA,
because the provider or parent has not been given
sufficient time to respond to the complaint or has
responded to the complaint satisfactorily; or
the VRQA is of the opinion that the complaint could be
more appropriately dealt with by another person, body,
court or tribunal.
Clause 59 inserts a new section 5.8.2AB into Part 5.8 of the Principal
Act, which deals with enforcement action taken by authorised
officers of the VRQA. The new section enables any person to
complain to the VRQA about the exercise of a power under the
Principal Act by an authorised officer appointed by the VRQA.
The VRQA must investigate any complaint made to them and
provide a written report to the complainant on the results of the
investigation.
28
Clause 60 repeals section 5.8.3U of the Principal Act relating to complaints
against authorised officers. This is a consequential amendment
resulting from the insertion of section 5.8.2AB by clause 59.
Clause 61 amends section 5.8.3YA(1)(c) of the Principal Act to modernise
the drafting of the complicity offences in that section, for
consistency with other Victorian complicity offence legislation,
including section 323(1)(a) of the Crimes Act 1958 which was
amended in 2014. The old terminology of "aiding, abetting,
counselling or procuring" an offence is replaced with the more
contemporary "intentionally assists, encourages or directs".
Clause 62 amends section 5.8.3YB(1)(c) of the Principal Act in a
corresponding way to clause 61.
Clause 63 amends the heading in Part 5.10 of the Principal Act to
clarify that Part 5.10 deals with delegated legislation and other
subordinate instruments. This reflects the fact that this Part also
contains the power for the Governor in Council and the Minister
to make Orders under the Principal Act.
Clause 64 amends section 5.10.4 of the Principal Act, which relates to the
making of Ministerial Orders. Subclause (1) inserts a note at the
foot of section 5.10.4(4) noting that Orders made under Part 5.10
of the Principal Act are published on the Department of
Education and Training's website.
Subclause (2) inserts new section 5.10.4(4A) to modify
the publication requirement for an Order. There will be no
requirement for the Minister to cause an Order to be published
if that Order identifies, or would enable the identification of, a
child who is the subject of the Order. There is no compelling
reason why an Order identifying a child needs to be made public.
Clause 65 makes several technical and housekeeping amendments to the
Principal Act.
The first 2 amendments update certain references to the names of
Departments.
The third amendment moves the misplaced word "if" in
section 2.8.2(2).
29
The fourth amendment corrects an incorrect cross reference to
"section 3.3.29" in section 3.3.32(1)(c). The corrected reference
is section 3.3.28, which is the section under which the Order in
Council is made, and which is referred to in section 3.3.32(1)(c).
The fifth amendment corrects an incorrect reference to "Part"
in section 4.3.1(1). Section 4.3.1(1) concerns the requirements
for registration of a school by the Victorian Registration and
Qualifications Authority. Only Division 1 of Part 4.3 of the
Principal Act concerns the registration of schools. The corrected
reference is to "this Division" instead of "this Part".
The sixth amendment corrects an incorrect reference to a "Bill"
in section 6.1.42. Since section 6.1.42 is a transitional provision
it should refer to the amending "Act" (not Bill).
The seventh amendment repeals clause 5(6) of Schedule 2.
Clause 5(6) is redundant as it duplicates clause 5(1) of
Schedule 2.
Part 5--Amendments to other Acts
Division 1--Amendment of Working with Children Act 2005
Clause 66 amends section 30 of the Working with Children Act 2005.
Section 30(1) exempts teachers registered under the Education
and Training Reform Act 2006 from the requirement to obtain
a working with children check to engage in child-related work
(within the meaning of the Working with Children Act 2005).
New section 30(1A) is inserted which sets out the details of
information a registered teacher must notify to the Secretary
under the Working with Children Act 2005 and by when.
A registered teacher must notify the Secretary within 21 days
after commencing the work and advise of the person or agency
with whom the registered teacher is engaged in that child-related
work. The notification to the Secretary will be through an
accessible online form.
New section 30(2A) allows the Working with Children Check
Unit via the Secretary under the Working with Children
Act 2005 to notify any person or agency in respect of a
notification from a registered teacher received under new
section 30(1A) if the registered teacher is no longer exempt from
obtaining a working with children check under section 30(1).
The intention is that the Working with Children Unit can use the
30
information provided by the teacher in accordance with the
exemption condition to ensure that both the employer and the
former teacher is complying with any applicable requirement
under the Working with Children Act 2005--especially if the
person's registration as a teacher has been suspended or
cancelled.
Section 30(3) is substituted so that the defined terms used in
section 30 of the Working with Children Act 2005 have the
same meaning as in the Education and Training Reform
Act 2006.
Clause 67 inserts a penalty provision in new section 30(1A) of the Working
with Children Act 2005. A penalty of up to 10 penalty points
may be imposed if a registered teacher fails to comply with the
notification requirements in new section 30(1A) inserted by
clause 66. Clause 67 is subject to the transitional provision in
new section 55 inserted by clause 69.
Clause 68 amends section 40 of the Working with Children Act 2005,
which deals with confidential information and authorised sharing
of that information. This clause inserts a new section 40(2)(v)
that enables any person who receives information under the
Working with Children Act 2005 to share it with the VIT for
the purposes of the VIT performing any of its teacher registration
and other functions under Part 2.6 of the Education and
Training Reform Act 2006.
Clause 69 inserts a new section 55 into the Working with Children
Act 2005 which is a transitional provision. Section 30(1A),
as inserted by clause 66, does not apply in respect of any
failure to notify the Secretary under that Act (the Working
with Children Check Unit) of the engagement of a teacher
in child-related work that occurred immediately before the
commencement of clause 66. Clause 67 introduces a penalty
for failure to provide notification under new section 30(1A).
Under the transitional provision no penalty applies in respect
of a failure to notify that occurs before the commencement
of clause 67. The policy intention is to proclaim the
commencement of clause 67 sometime after the commencement
of clause 66. This is to allow sufficient time for the new
performance obligation under new section 30(1A) to be
communicated to teachers, and for teachers to modify their
behaviour accordingly.
31
Division 2--Amendment of Children, Youth
and Families Act 2005
Clause 70 amends section 107 of the Children, Youth and Families
Act 2005, which is about who needs to know of particular
misconduct findings and disqualification determinations made
by the Suitability Panel, which regulates registered out of
home carers under this Act. Section 107(2) is substituted so that
it requires the Suitability Panel to notify the VIT, in addition to
the Working with Children Check Unit via the Secretary under
the Working with Children Act 2005, whenever the Panel
making misconduct findings disqualifies an out of home carer
under section 106 of the Children, Youth and Families
Act 2005. This amendment ensures that the VIT has access to
the same information as the Working with Children Check Unit
about a person's misconduct involving a child.
Clause 71 amends section 113(2) of the Children, Youth and Families
Act 2005 to enable the Suitability Panel to notify the VIT, in
addition to the Working with Children Check Unit via the
Secretary under the Working with Children Act 2005, of the
removal of a person's disqualification as an out of home carer
under section 112 of that Act. This is to ensure that the VIT
has access to the same misconduct information as the Working
with Children Check Unit, which may be relevant to the VIT's
regulatory functions.
Division 3--Amendment of the Public Administration Act 2004
Clause 72 makes technical amendments to section 5(1A) of the Public
Administration Act 2004, which currently declares the
respective boards of a TAFE Institute, AMES, and the CAE to
be a public entity for the purposes of that Act. The amendments
would remove each reference to "the board", because the board is
no longer an entity in its own right following amendments made
by the Education Legislation Amendment (Governance)
Act 2012. The amendment in subclause (2) is consequential to
the repeal of the definition of Centre for Adult Education under
clause 37 of the Bill.
32
Part 6--Amendment of university Acts
Division 1--Deakin University Act 2009
Clause 73 inserts a new Division 5 in Part 8 of the Deakin University
Act 2009 containing a transitional provision.
New section 80 provides that the changes to clause 1(1)(a)
and (b) of Schedule 1 to the Deakin University Act 2009
(see clause 74 below) only apply to a government appointed
member or Council appointed member appointed on or after
the commencement day for this amending Act (see clause 2 of
this Bill).
Clause 74 substitutes clause 1(1)(a) of Schedule 1 to the Deakin
University Act 2009 to provide that a government appointed
member holds office for a term specified in the member's
instrument of appointment, which is not to exceed 3 years.
Current clause 1(1)(b) of Schedule 1 to the Deakin University
Act 2009 is substituted to provide that a Council appointed
member holds office for a term specified in the member's
instrument of appointment, which is not to exceed 3 years.
Clause 1(2) and (3) of Schedule 1 to the Deakin University
Act 2009, which require appointments for government and
Council appointed members to be staggered, are repealed
as a consequence of the other amendments in this clause.
Currently, the term of appointment for all government and
Council appointed members of the Council ends on 31 December
in each given year. This causes several practical difficulties for
universities, as expiries fall during the end of year period which
can cause appointment delays that would not exist at other times
in the academic year. The policy intention is to provide greater
flexibility regarding appointments by allowing appointments to
expire at any point across the year.
This responds to an increasing need for flexibility, and ensures
that Council appointments are proactive and future focused, not
unduly impacted by the time of the year in the university calendar
and are responsive to the changing needs of a university and its
students.
33
Clause 75 amends clauses 8(2) and 8(4), and inserts a new clause 8(4A),
in Schedule 1 to the Deakin University Act 2009 in relation to
filling casual vacancies on the Council.
Clause 8(2) is amended to remove the requirement that a person
filling a casual vacancy of an appointed member must have "like"
qualifications to the member whose office has become vacant.
This provides the university and the government with flexibility
in relation to each appointment to respond to the needs of the
university at the time of each appointment. Sections 12(3) and
13(2) of the Act will still need to be satisfied in relation to the
matters that the government and Council, respectively, must have
regard to when appointing members.
Clause 8(4) is amended to remove the restriction that a person
who fills a casual vacancy is only entitled to hold office for the
remainder of the original member's term.
Clause 8(4A) is inserted to provide that a person filling a casual
vacancy, who is appointed by the government or the Council,
is entitled to hold office for a period not exceeding 3 years.
Combined with the amendment to clause 8(4) this allows casual
vacancies to be treated as new appointments meaning the person
will hold office for a term specified in the member's instrument
of appointment, not exceeding 3 years.
Division 2--Federation University Australia Act 2010
Clause 76 inserts a new Division 6 in Part 8 of the Federation University
Australia Act 2010 containing a transitional provision.
New section 86 provides that the changes to clause 1(1)(a)
and (b) of Schedule 1 to the Federation University Australia
Act 2010 (see clause 77 below) only apply to a government
appointed member or Council appointed member appointed
on or after the commencement day for this amending Act
(see clause 2 of this Bill).
Clause 77 substitutes clause 1(1)(a) of Schedule 1 to the Federation
University Australia Act 2010 to provide that a government
appointed member holds office for a term specified in the
member's instrument of appointment, which is not to exceed
3 years.
34
Clause 1(1)(b) of Schedule 1 to the Federation University
Australia Act 2010 is substituted to provide that a Council
appointed member holds office for a term specified in the
member's instrument of appointment, which is not to exceed
3 years.
Clause 1(2) and (3) of Schedule 1 to the Federation University
Australia Act 2010, which require appointments for government
and Council appointed members to be staggered, are repealed
as a consequence of the other amendments in this clause.
Currently, the term of appointment for all government and
Council appointed members of the Council ends on 31 December
in each given year. This causes several practical difficulties for
universities, as expiries fall during the end of year period which
can cause appointment delays that would not exist at other times
in the academic year. The policy intention of this clause is to
provide greater flexibility regarding appointments by allowing
appointments to expire at any point across the year.
This responds to an increasing need for flexibility, and ensures
that Council appointments are proactive and future focused, not
unduly impacted by the time of the year in the university calendar
and are responsive to the changing needs of a university and its
students.
Clause 78 amends clauses 8(2) and 8(4), and inserts a new clause 8(4A), in
Schedule 1 to the Federation University Australia Act 2010 in
relation to filling casual vacancies on the Council.
Clause 8(2) is amended to remove the requirement that a person
filling a casual vacancy of an appointed member must have
"like" qualifications to the member whose office has become
vacant. This provides the university and the government with
flexibility in relation to each appointment to respond to the needs
of the university at the time of each appointment. Sections 12(3)
and 13(2) of the Act will still need to be satisfied in relation to
the matters that the government and Council, respectively, must
have regard to when appointing members.
Clause 8(4) is amended to remove the restriction that a person
who fills a casual vacancy is only entitled to hold office for the
remainder of the original member's term.
35
Clause 8(4A) is inserted to provide that a person filling a casual
vacancy, who is appointed by the government or the Council,
is entitled to hold office for a period not exceeding 3 years.
Combined with the amendment to clause 8(4) this allows casual
vacancies to be treated as new appointments meaning the person
will hold office for a term specified in the member's instrument
of appointment, not exceeding 3 years.
Division 3--La Trobe University Act 2009
Clause 79 inserts a new Division 5 in Part 8 of the La Trobe University
Act 2009 containing a transitional provision.
New section 80 provides that the changes to clause 1(1)(a)
and (b) of Schedule 1 to the La Trobe University Act 2009
(see clause 80 below) only apply to a government appointed
member or Council appointed member appointed on or after
the commencement day for this amending Act (see clause 2
of this Bill).
Clause 80 substitutes clause 1(1)(a) of Schedule 1 to the La Trobe
University Act 2009 to provide that a government appointed
member holds office for a term specified in the member's
instrument of appointment, which is not to exceed 3 years.
Clause 1(1)(b) of Schedule 1 to the La Trobe University
Act 2009 is substituted to provide that a Council appointed
member holds office for a term specified in the member's
instrument of appointment, which is not to exceed 3 years.
Clause 1(2) and (3) of Schedule 1 to the La Trobe University
Act 2009, which require appointments for government and
Council appointed members to be staggered, are repealed
as a consequence of the other amendments in this clause.
Currently, the term of appointment for all government and
Council appointed members of the Council ends on 31 December
in each given year. This causes several practical difficulties for
universities, as expiries fall during the end of year period which
can cause appointment delays that would not exist at other times
in the academic year. The policy intention of this clause is to
provide greater flexibility regarding appointments by allowing
appointments to expire at any point across the year.
36
This responds to an increasing need for flexibility, and ensures
that Council appointments are proactive and future focused, not
unduly impacted by the time of the year in the university calendar
and are responsive to the changing needs of a university and its
students.
Clause 81 amends clauses 8(2) and 8(4), and inserts a new clause 8(4A),
in Schedule 1 to the La Trobe University Act 2009 in relation
to filling casual vacancies on the Council.
Clause 8(2) is amended to remove the requirement that a person
filling a casual vacancy of an appointed member must have "like"
qualifications to the member whose office has become vacant.
This provides the university and the government with flexibility
in relation to each appointment to respond to the needs of the
university at the time of each appointment. Sections 12(3) and
13(2) of the Act will still need to be satisfied in relation to the
matters that the government and Council, respectively, must have
regard to when appointing members.
Clause 8(4) is amended to remove the restriction that a person
who fills a casual vacancy is only entitled to hold office for the
remainder of the original member's term.
Clause 8(4A) is inserted to provide that a person filling a casual
vacancy, who is appointed by the government or the Council,
is entitled to hold office for a period not exceeding 3 years.
Combined with the amendment to clause 8(4) this allows casual
vacancies to be treated as new appointments meaning the person
will hold office for a term specified in the member's instrument
of appointment, not exceeding 3 years.
Division 4--Monash University Act 2009
Clause 82 inserts a new Division 5 in Part 8 of the Monash University
Act 2009 containing a transitional provision.
New section 81 provides that the changes to clause 1(1)(a)
and (b) of Schedule 1 to the Monash University Act 2009
(see clause 83 below) only apply to a government appointed
member or Council appointed member appointed on or after
the commencement day for this amending Act (see clause 2 of
this Bill).
37
Clause 83 substitutes clause 1(1)(a) of Schedule 1 to the Monash
University Act 2009 to provide that a government appointed
member holds office for a term specified in the member's
instrument of appointment, which is not to exceed 3 years.
Clause 1(1)(b) of Schedule 1 to Monash University Act 2009
is substituted to provide that a Council appointed member
holds office for a term specified in the member's instrument
of appointment, which is not to exceed 3 years.
Clause 1(2) and (3) of Schedule 1 to the Monash University
Act 2009, that require appointments for government and
Council appointed members to be staggered, are repealed
as a consequence of the other amendments in this clause.
Currently, the term of appointment for all government and
Council appointed members of the university Council ends on
31 December in each given year. This causes several practical
difficulties for universities, as expiries fall during the end of year
period which can cause appointment delays that would not exist
at other times in the academic year. The policy intention of this
clause is to provide greater flexibility regarding appointments
by allowing appointments to expire at any point across the year.
This responds to an increasing need for flexibility, and ensures
that Council appointments are proactive and future focused, not
unduly impacted by the time of the year in the university calendar
and are responsive to the changing needs of a university and its
students.
Clause 84 amends clauses 8(2) and 8(4), and inserts a new clause 8(4A),
in Schedule 1 to the Monash University Act 2009 in relation
to filling casual vacancies on the Council.
Clause 8(2) is amended to remove the requirement that a person
filling a casual vacancy of an appointed member must have "like"
qualifications to the member whose office has become vacant.
This provides the university and the government with flexibility
in relation to each appointment to respond to the needs of the
university at the time of each appointment. Sections 12(3) and
13(2) of the Act will still need to be satisfied in relation to the
matters that the government and Council, respectively, must have
regard to when appointing members.
38
Clause 8(4) is amended to remove the restriction that a person
who fills a casual vacancy is only entitled to hold office for the
remainder of the original member's term.
Clause 8(4A) is inserted to provide that a person filling a casual
vacancy, who is appointed by the government or the Council,
is entitled to hold office for a period not exceeding 3 years.
Combined with the amendment to clause 8(4) this allows casual
vacancies to be treated as new appointments meaning the person
will hold office for a term specified in the member's instrument
of appointment, not exceeding 3 years.
Clause 85 makes a statute law revision amendment that corrects duplicated
numbering.
Division 5--Royal Melbourne Institute of Technology Act 2010
Clause 86 inserts a new Division 5 in Part 8 of the Royal Melbourne
Institute of Technology Act 2010 which contains a transitional
provision.
New section 80 provides that the changes to clause 1(1)(a)
and (b) of Schedule 1 to the Royal Melbourne Institute of
Technology Act 2010 (see clause 87 below) only apply to a
government appointed member or Council appointed member
appointed on or after the commencement day for this amending
Act (see clause 2 of this Bill).
Clause 87 substitutes clause 1(1)(a) of Schedule 1 to the Royal Melbourne
Institute of Technology Act 2010 to provide that a government
appointed member holds office for a term specified in the
member's instrument of appointment, which is not to exceed
3 years.
Clause 1(1)(b) of Schedule 1 to the Royal Melbourne Institute
of Technology Act 2010 is substituted to provide that a Council
appointed member holds office for a term specified in the
member's instrument of appointment, which is not to exceed
3 years.
Clause 1(2) and (3) of Schedule 1 to the Royal Melbourne
Institute of Technology Act 2010, which require appointments
for government and Council appointed members to be staggered,
are repealed as a consequence of the other amendments in this
clause.
39
Currently, the term of appointment for all government and
Council appointed members of the Council ends on 31 December
in each given year. This causes several practical difficulties for
universities, as expiries fall during the end of year period which
can cause appointment delays that would not exist at other times
in the academic year. The policy intention of this clause is to
provide greater flexibility regarding appointments by allowing
appointments to expire at any point across the year.
This responds to an increasing need for flexibility, and ensures
that Council appointments are proactive and future focused, not
unduly impacted by the time of the year in the university calendar
and are responsive to the changing needs of a university and its
students.
Clause 88 amends clauses 8(2) and 8(4), and inserts a new clause 8(4A), in
Schedule 1 to the Royal Melbourne Institute of Technology
Act 2010 in relation to filling casual vacancies on the Council.
Clause 8(2) is amended to remove the requirement that a person
filling a casual vacancy of an appointed member must have
"like" qualifications to the member whose office has become
vacant. This provides the university and the government with
flexibility in relation to each appointment to respond to the needs
of the university at the time of each appointment. Sections 12(3)
and 13(2) will still need to be satisfied in relation to the matters
that the government and Council, respectively, must have regard
to when appointing members.
Clause 8(4) is amended to remove the restriction that a person
who fills a casual vacancy is only entitled to hold office for the
remainder of the original member's term.
Clause 8(4A) is inserted to provide that a person filling a casual
vacancy, who is appointed by the government or the Council,
is entitled to hold office for a period not exceeding 3 years.
Combined with the amendment to clause 8(4) this allows casual
vacancies to be treated as new appointments meaning the person
will hold office for a term specified in the member's instrument
of appointment, not exceeding 3 years.
40
Division 6--Swinburne University of Technology Act 2010
Clause 89 inserts a new Division 5 in Part 8 of the Swinburne University
of Technology Act 2010 which contains a transitional provision.
New section 80 provides that the changes to clause 1(1)(a)
and (b) of Schedule 1 to the Swinburne University of
Technology Act 2010 (see clause 90 below) only apply to a
government appointed member or Council appointed member
appointed on or after the commencement day of this amending
Act (see clause 2 of this Bill).
Clause 90 substitutes clause 1(1)(a) of Schedule 1 to the Swinburne
University of Technology Act 2010 to provide that a
government appointed member holds office for a term specified
in the member's instrument of appointment, which is not to
exceed 3 years.
Clause 1(1)(b) of Schedule 1 to the Swinburne University of
Technology Act 2010 is substituted to provide that a Council
appointed member holds office for a term specified in the
member's instrument of appointment, which is not to exceed
3 years.
Clause 1(2) and (3) of Schedule 1 to the Swinburne University
of Technology Act 2010, which require appointments for
government and Council appointed members to be staggered,
are repealed as a consequence of the other amendments in this
clause.
Currently, the term of appointment for all government and
Council appointed members of the Council ends on 31 December
in each given year. This causes several practical difficulties for
universities, as expiries fall during the end of year period which
can cause appointment delays that would not exist at other times
in the academic year. The policy intention of this clause is to
provide greater flexibility regarding appointments by allowing
appointments to expire at any point across the year.
This responds to an increasing need for flexibility, and ensures
that Council appointments are proactive and future focused, not
unduly impacted by the time of the year in the university calendar
and are responsive to the changing needs of a university and its
students.
41
Clause 91 amends clauses 8(2) and 8(4), and inserts a new clause 8(4A),
in Schedule 1 to the Swinburne University of Technology
Act 2010 in relation to filling casual vacancies on the Council.
Clause 8(2) is amended to remove the requirement that a person
filling a casual vacancy of an appointed member must have
"like" qualifications to the member whose office has become
vacant. This provides the university and the government with
flexibility in relation to each appointment to respond to the needs
of the university at the time of each appointment. Sections 12(3)
and 13(2) of the Act will still need to be satisfied in relation to
the matters that the government and Council, respectively, must
have regard to when appointing members.
Clause 8(4) is amended to remove the restriction that a person
who fills a casual vacancy is only entitled to hold office for the
remainder of the original member's term.
Clause 8(4A) is inserted to provide that a person filling a casual
vacancy, who is appointed by the government or the Council,
is entitled to hold office for a period not exceeding 3 years.
Combined with the amendment to clause 8(4) this allows casual
vacancies to be treated as new appointments meaning the person
will hold office for a term specified in the member's instrument
of appointment, not exceeding 3 years.
Division 7--University of Melbourne Act 2009
Clause 92 inserts a new Division 6 in Part 8 of the University of
Melbourne Act 2009 which contains a transitional provision.
New section 84 provides that the changes to clause 1(1)(a)
and (b) of Schedule 1 to the Swinburne University of
Technology Act 2010 (see clause 93 below) only apply to a
government appointed member or Council appointed member
appointed on or after the commencement day of this amending
Act (see clause 2 of this Bill).
Clause 93 substitutes clause 1(1)(a) of Schedule 1 to the University of
Melbourne Act 2009 to provide that a government appointed
member holds office for a term specified in the member's
instrument of appointment, which is not to exceed 3 years.
42
Clause 1(1)(b) of Schedule 1 to the University of Melbourne
Act 2009 is substituted to provide that a Council appointed
member holds office for a term specified in the member's
instrument of appointment, which is not to exceed 3 years.
Clause 1(2) and (3) of Schedule 1 to the University of
Melbourne Act 2009, which require appointments for
government and Council appointed members to be staggered,
are repealed as a consequence of the other amendments in this
clause.
Currently, the term of appointment for all government and
Council appointed members of the Council ends on 31 December
in each given year. This causes several practical difficulties for
universities, as expiries fall during the end of year period which
can cause appointment delays that would not exist at other times
in the academic year. The policy intention of this clause is to
provide greater flexibility regarding appointments by allowing
appointments to expire at any point across the year.
This responds to an increasing need for flexibility, and ensures
that Council appointments are proactive and future focused, not
unduly impacted by the time of the year in the university calendar
and are responsive to the changing needs of a university and its
students.
Clause 94 amends clauses 8(2) and 8(4), and inserts a new clause 8(4A), in
Schedule 1 to the University of Melbourne Act 2009 in relation
to filling casual vacancies on the Council.
Clause 8(2) removes the requirement that a person filling a casual
vacancy of an appointed member must have "like" qualifications
to the member whose office has become vacant. This provides
the university and the government with flexibility in relation to
each appointment to respond to the needs of the university at the
time of each appointment. Sections 12(3) and 13(2) of the Act
will still need to be satisfied in relation to the matters that the
government and Council, respectively, must have regard to when
appointing members.
Clause 8(4) is amended to remove the restriction that a person
who fills a casual vacancy is only entitled to hold office for the
remainder of the original member's term.
43
Clause 8(4A) is inserted to provide that a person filling a casual
vacancy, who is appointed by the government or the Council,
is entitled to hold office for a period not exceeding 3 years.
Combined with the amendment to clause 8(4) this allows casual
vacancies to be treated as new appointments meaning the person
will hold office for a term specified in the member's instrument
of appointment, not exceeding 3 years.
Division 8--Victoria University Act 2010
Clause 95 inserts a new Division 5 in Part 8 of the Victoria University
Act 2010 which contains a transitional provision.
New section 80 provides that the changes to clause 1(1)(a)
and (b) of Schedule 1 to the Victoria University Act 2010
(see clause 96 below) only apply to a government appointed
member or Council appointed member appointed on or after
the commencement day for this amending Act (about which
see clause 2 of this Bill).
Clause 96 substitutes clause 1(1)(a) of Schedule 1 to the Victoria
University Act 2010 to provide that a government appointed
member holds office for a term specified in the member's
instrument of appointment, which is not to exceed 3 years.
Clause 1(1)(b) of Schedule 1 to the Victoria University
Act 2010 is substituted to provide that a Council appointed
member holds office for a term specified in the member's
instrument of appointment, which is not to exceed 3 years.
Clause 1(2) and (3) of Schedule 1 to the Victoria University
Act 2010, which require appointments for government and
Council appointed members to be staggered, are repealed as
a consequence of the other amendments in this clause.
Currently, the term of appointment for all government and
Council appointed members of the Council ends on 31 December
in each given year. This causes several practical difficulties for
universities, as expiries fall during the end of year period which
can cause appointment delays that would not exist at other times
in the academic year. The policy intention of this clause is to
provide greater flexibility regarding appointments by allowing
appointments to expire at any point across the year.
44
This responds to an increasing need for flexibility, and ensures
that Council appointments are proactive and future focused, not
unduly impacted by the time of the year in the university calendar
and are responsive to the changing needs of a university and its
students.
Clause 97 amends clauses 8(2) and 8(4), and inserts a new clause 8(4A),
in Schedule 1 to the Victoria University Act 2010 in relation
to filling casual vacancies on the Council.
Clause 8(2) is amended to remove the requirement that a person
filling a casual vacancy of an appointed member must have
"like" qualifications to the member whose office has become
vacant. This provides the university and the government with
flexibility in relation to each appointment to respond to the needs
of the university at the time of each appointment. Sections 12(3)
and 13(2) of the Act will still need to be satisfied in relation to
the matters that the government and Council, respectively, must
have regard to when appointing members.
Clause 8(4) is amended to remove the restriction that a person
who fills a casual vacancy is only entitled to hold office for the
remainder of the original member's term.
Clause 8(4A) is inserted to provide that a person filling a casual
vacancy, who is appointed by the government or the Council,
is entitled to hold office for a period not exceeding 3 years.
Combined with the amendment to clause 8(4) this allows casual
vacancies to be treated as new appointments meaning the person
will hold office for a term specified in the member's instrument
of appointment, not exceeding 3 years.
Part 7--Repeal of amending Act
Clause 98 provides for the automatic repeal of the amending Act on
1 September 2019. The repeal of the Act does not affect in
any way the continuing operation of the amendments made
by this Act (see section 15(1) of the Interpretation of
Legislation Act 1984).
45