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Victorian Institute of Teaching Bill
As Sent Print
EXPLANATORY MEMORANDUM
PART 1--PRELIMINARY
Clause 1 sets out the main purpose of the Act. The main purpose is to
recognise promote and regulate the teaching profession by
providing for the registration of teachers in schools in Victoria,
regulating the conduct of those teachers, providing a procedure
for handling complaints about teachers registered or permitted to
teach under this Act and establishing the Victorian Institute of
Teaching.
Clause 2 provides for the commencement of the provisions of the Act by
proclamation. The Act will come into operation on 1 February
2003 if not proclaimed before that date.
Clause 3 defines the following words or phrases used in the Act--
complaint, Council, Fund, Institute, registered teacher,
registration, school, Secretary, sexual offence, and teacher.
PART 2--VICTORIAN INSTITUTE OF TEACHING
Clause 4 establishes the Victorian Institute of Teaching as a body
corporate.
Clause 5 sets out the functions of the Institute. There are 15 functions
listed.
Clause 6 sets out the powers of the Institute. The Institute has a broad
general power to do all things necessary or convenient to be done
to perform its functions.
Clause 7 provides that the Institute must give due regard to any advice
given by the Minister concerning the exercise of its powers and
the performance of its functions.
Clause 8 provides for the membership of the Council. The Council is the
governing body of the Institute and may exercise all the powers
541231 BILL LA AS SENT 23/11/2001
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of the Institute. The Council will consist of not more than
19 members, 9 are to be elected by registered teachers, 9 are to
be appointed by the Governor in Council and one is to be the
Secretary to the Department of Education, Employment and
Training or his or her nominee.
Of the elected members 7 will be practising teachers, including
2 from primary and 2 from secondary schools. There will be
representation from State schools and non-government schools.
There will be two elected principal representatives, one each
from the State school system and one from the non-government
school system.
The Governor in Council appointees will be nominated by the
Minister after the consideration of names submitted to the
Minister by organisations representing teachers, principals,
parents, employers and tertiary institutions that prepare people to
be teachers.
The Minister, in nominating people for appointment to the
Council, must ensure that the overall Council membership
includes a teacher, principal and employer representative from
Catholic and other non-government schools.
PART 3--REGISTRATION AND PERMISSION TO TEACH
Division 1--Registration of Teachers
Clause 9 sets out how an application for registration as a teacher must be
made to the Institute. Any application must be in the form
approved by the Institute, be accompanied by the relevant fee
and include details of any indictable or sexual offence for which
the applicant has been convicted or found guilty of or been
committed for trial.
The Institute may also request further information or material
that will assist the Institute in determining whether the person
should be registered. The Institute may also require an applicant
to undergo a criminal records check, to submit to any tests or
provide references to determine the suitability or the fitness of
the person to teach, to submit to any medical or psychiatric
examination considered necessary and to provide any reports or
results of the examination.
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Clause 10 deals with the qualifications, criteria and standards for
registration. A person is qualified to be registered as a teacher if
they have obtained a qualification that is appropriate for entry to
teaching that is approved by the Minister or have a qualification
determined to be equivalent; provide evidence that they meet the
approved criteria about fitness to teach and competency in
English sufficient for them to teach; and provide evidence of
having achieved the approved standard of professional practice.
Clause 11 deals with registration of a teacher. A person is qualified for
registration if they met the criteria in clause 10, they have done
all things necessary under clause 9 and there are no grounds
under clause 11(2) to refuse registration. The grounds for refusal
reflect the Institute's aim to protect children in schools and the
public interest. The grounds include where a person has been
convicted or found guilty of an indictable or sexual offence in
Victoria or elsewhere, where the character of the applicant makes
them unsuitable to be allowed to teach, or where a person's right
to teach has been suspended or cancelled elsewhere for conduct
that would have lead to suspension or cancellation in Victoria.
Clause 12 deals with provisional registration for applicants who could
satisfy clause 11 except that they have not achieved a standard of
professional practice recognised as satisfactory by the Institute.
Provisional registration is generally for one year but may be
extended for up to one year. Provisional registration will
generally be granted to new graduates entering the profession or
returning teachers who have been absent for a lengthy period of
time.
Division 2--Permission to teach
Clause 13 sets out how an application for permission to teach may be made
to the Institute. Any application must be in the form approved by
the Institute and be accompanied by the relevant fee.
The Institute may require further information or material in
respect of the application.
Clause 14 deals with the granting of permission to teach to applicants
who do not meet the requirements for registration under
clause 11 or 12. Permission to teach may be granted to
applicants who produce evidence of their fitness to teach and
who have the necessary skills and experience and where there are
no grounds under clause 11(2) to refuse registration.
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The Institute may impose any condition, limitation or restriction
it considers appropriate including the length of time for which
the permission to teach is granted, any subject that may be taught
and the school where the person is permitted to teach.
Division 3--General Provisions
Clause 15 provides that before the Institute imposes any condition,
limitation or restriction on the registration or permission to teach
the Institute must give the applicant notice and an opportunity to
make submissions about the proposal.
Clause 16 provides that the Institute, where it has determined an application
for registration or permission to teach, must notify the applicant
of its decision. The notice must inform the applicant, if the
registration has been granted, of the type and period of
registration, whether any condition, limitation or restriction has
been imposed , and if so, the reasons for it. If the registration has
not been granted, the notice is to state the reasons for it not being
granted and a statement that the applicant has a right to obtain a
review of the decision not to grant registration.
Clause 17 provides that initial registration (other than provisional
registration) and renewal of registration is for 5 years after the
date of the grant of registration or renewal.
Clause 18 deals with application for renewal of registration and refusal to
renew. An application for renewal of registration must be made
to the Institute before the existing registration expires and be
accompanied by evidence satisfactory to the Institute that the
applicant has maintained an appropriate level of professional
practice in the preceding 5 years, details of any indictable or
sexual offence for which the applicant has either been convicted
or found guilty or been committed for trial and the relevant fee.
Where an application is made within 3 months after the expiry
date of the registration, it can be renewed on payment of an
additional fee not greater than 50% of the renewal fee.
The teacher is deemed to be registered for 3 months after the
expiry of registration or an application for renewal is made.
If the registration is not renewed within this period, the Institute
must remove that person's name from the register. The Institute
may refuse to renew the registration, where the applicant fails to
satisfy the Institute that he or she has maintained an appropriate
level of professional practice in the preceding 5 years, having
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regard to the standards approved by the Minister, or on any other
ground on which the Institute may refuse to grant registration.
Clause 19 deals with the effect of suspension on registration. Where a
teacher's registration is suspended he or she is deemed not to be
registered for that period.
Clause 20 deals with the situation where the registration is obtained by
fraud. Where the Institute believed that the registration has been
obtained by fraud, misrepresentation or the qualifications upon
which the teacher relied for registration have been withdrawn,
the Institute must conduct a hearing. Under this clause the
Institute must give notice of the time and place of the hearing to
the teacher. The provisions applying to the conduct of a formal
hearing apply as if this hearing where a formal hearing. If the
Institute at the end of the hearing finds that the registration has
been obtained by fraud, misrepresentation or the qualifications
upon which the teacher relied for registration have been
withdrawn, the Institute may cancel the registration or take other
action it may take under Part 4.
Clause 21 deals with annual fees. Every registered teacher must pay an
annual fee on the anniversary of the date on which the person
was registered or granted permission to teach. If the registered
teacher fails to pay the annual fee his or her registration or
permission to teach may be suspended. The suspension may be
revoked by the Institute where the person gives a satisfactory
explanation of the failure and pays the fee and any additional fee.
Division 4--The Register
Clause 22 deals with the Register that must be kept by the Institute.
The Institute must keep a register of teachers that contains the
particulars of the registration.
Clause 23 the Institute must maintain the register and make an up to date
copy available for inspection free of charge to the public during
normal business hours.
Clause 24 provides that a certificate purporting to be signed by the
Chairman or any two members of the Council is evidence, in the
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absence of proof to the contrary, that a person is or is not a
registered teacher.
PART 4--DISCIPLINARY PROCEEDINGS
Division 1--Cancellation of registration or permission to teach
without inquiry
Clause 25 provides that a registered teacher ceases to be registered if the
person is in Victoria or elsewhere convicted or found guilty of a
sexual offence. (Sexual offence is defined in section 3 and
covers sexual offences against children). Upon the conviction or
the finding of guilt, the person is automatically disqualified from
teaching in a school. The clause has saving provisions where
such conviction or finding is quashed on appeal. The clause
applies to teachers in non Government schools as from 21 April
1998 (being that date identical provisions under the Education
Act 1958 applied to teachers in non Government schools) and for
other teachers as from the commencement of this section.
Division 2--Powers of Inquiry
Clause 26 deals with the Institute's powers of inquiry. The Institute may
inquire into any information it receives under clauses 27 and 28
or any complaint that provides evidence of the serious
incompetence, serious misconduct or the fitness to teach of a
registered teacher. The registered teacher, his or her employer
and the complainant must be notified in writing by the Institute
of its determination whether or not to inquire into the serious
incompetence, serious misconduct or the fitness to teach of a
registered teacher.
Clause 27 the employer of a registered teacher must notify the Institute
where it has taken any action against a registered teacher in
response to allegations relating to serious incompetence, serious
misconduct or the fitness to teach of a registered teacher.
The employer must supply information to the Institute.
Clause 28 the Institute must conduct an inquiry into the registered teacher's
fitness to teach where the Institute is informed that the registered
teacher has been convicted or found guilty of an indictable
offence other than a sexual offence. (There is provision for
cancellation of registration without inquiry in the case of sexual
offences).
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Division 3--Preliminary Investigations into Complaints
Clause 29 the Institute must investigate a complaint of serious
incompetence, serious misconduct or the fitness to teach of a
registered teacher unless the Institute has determined that it is
frivolous or vexatious. In order to determine whether it is
necessary to conduct a formal or informal hearing into a
complaint, the Institute may ask the employer of the teacher to
conduct a preliminary investigation or conduct a preliminary
investigation itself. The Institute may delegate its preliminary
investigation power to any of the categories of persons noted in
the clause.
Clause 30 provides after a preliminary investigation that the investigator
may recommend that the investigation should not proceed further
or that it should proceed to a hearing and the Institute must
determine whether to act on the recommendation made.
Clause 31 allows the Institute on its own motion to conduct a formal or
informal hearing into a registered teacher's competence, conduct
or fitness to teach without conducting a preliminary
investigation.
Division 4--Formal and Informal Hearings
Clause 32 provides that the Institute must, where it has determined that an
informal hearing be held into a registered teacher's competence,
conduct or fitness to teach, refer the matter to the Professional
Practice and Conduct Committee which will hold the hearing.
The Institute must give notice of the hearing to the teacher and
any complainant.
Clause 33 sets out who may sit on the Professional Practice and Conduct
Committee and how additional members may be appointed to the
Committee for the purpose of conducting an informal hearing.
Clause 34 deals with the matters that must be included in any notice of an
informal hearing.
Clause 35 sets out how an informal hearing should be conducted.
The Professional Practice and Conduct Committee must
determine at the informal hearing whether the matter should be
referred to a formal hearing. The teacher who is the subject of the
hearing is entitled to be present and to make submissions but is
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not entitled to be represented and the hearing must not be open to
the public
Clause 36 provides that the Professional Practice and Conduct Committee
may, after considering all the submissions made to the hearing,
recommend whether or not the matter should proceed to a formal
hearing.
Clause 37 provides for the circumstances in which the Professional Practice
and Conduct Committee must abandon the informal hearing and
refer the matter to a formal hearing.
Clause 38 provides for various steps to be followed and a notice to be given
listing the matters set out in the clause, where the Institute has
determined, or the Professional Practice and Conduct Committee
has decided, to refer a matter to a formal hearing.
Clause 39 sets out the composition and lists those persons who are not
eligible to sit on a hearing panel for a formal hearing and how
additional members may be appointed to the panel by the
Chairperson of the Council.
Clause 40 deals with the matters that must be included in any notice of
formal hearing.
Clause 41 sets out how a formal hearing should be conducted. The panel
must hear and determine the matter before it, the teacher who is
the subject of the hearing is entitled to be present and to make
submissions and be represented, the complainant's identity is not
to be published or broadcast, the complainant may be present if
the hearing is not closed to the public and may make submissions
where he or she is not called as a witness. The proceedings are
generally open to the public except where the panel determines,
by reference to the matters set out in the clause, that the hearing
should be closed.
Clause 42 lists the findings that the panel at a formal hearing may make
after considering all the submissions. Once the panel has made a
finding it may determine to impose any condition, limitation or
restriction or suspend or cancel the registration of the teacher.
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Division 5--General Provisions relating to inquiries
Clause 43 allows inquiries by the Institute to be conducted or to continue to
be conducted into the conduct or activities of a registered teacher
even where the person has ceased to be a registered teacher.
Clause 44 sets out the procedure to be used at a formal hearing or informal
hearing. The Professional Practice and Conduct Committee and
a panel may determine its own procedure, the proceedings must
be conducted with as little formality and technicality as the
requirements of the Act and a proper consideration of the matter
permit. The Professional Practice and Conduct Committee and a
panel is not bound by the rules of evidence but may inform itself
in any way it thinks fit but the Committee and a panel is bound
by the rules of natural justice.
Clause 45 provides that certain sections of the Evidence Act 1958 listed in
the clause apply to the conduct of a formal hearing.
Clause 46 provides for when a determination made by a panel comes into
effect. A determination of a panel takes effect as if it were a
determination of the Institute.
Clause 47 provides that the Institute must notify the teacher within 28 days
of the determination made by a panel or the Professional Practice
and Conduct Committee. Any cancellation of registration under
clause 25 without inquiry must be notified to the teacher.
Clause 48 provides that notification of the imposition of a condition,
limitation or restriction, suspension or cancellation of the
registration of a teacher must be published in the Government
Gazette and be given to the authorities listed in the clause.
Notice of various matters must also be given to the complainant.
Clause 49 prohibits the publication or broadcast of any report of a formal
hearing that identifies a complainant, a witness (where the panel
has prohibited the publication or broadcasting of the witness'
identity) or the identity of the registered teacher prior to the end
of the hearing, unless the persons has consented. The penalty is
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50 penalty units for a natural person or 100 penalty units for a
body corporate.
Clause 50 provides that the Institute must take all necessary action to give
effect to a cancellation under clause 25 or a determination under
Part 4. A registered teacher who fails to comply with a
determination is guilty of serious misconduct.
Clause 51 provides that the Institute may revoke on its own initiative or at
the request of the person concerned the suspension of the
person's registration. Written notice of the revocation must be
given to the person concerned.
PART 5--REVIEW BY THE VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL
Clause 52 provides that a person may apply to the Victorian Civil and
Administrative Tribunal for review of a determination refusing
the person's application for registration or renewal of registration
or a determination made under Part 4 cancelling or suspending
the person's registration or a determination made under Part 4
imposing conditions, limitations or restrictions on a person's
registration. Time limits apply. Where the review is sought
against a determination refusing the person's application for
registration or renewal of registration, the application must be
made within 28 days after the day on which the Institute gives
notice of the determination to the person. In any other case, the
application must be made within 3 months after the day on which
the Institute gives notice of the determination to the person.
PART 6--OFFENCES
Clause 53 creates two offences. First, where a person undertakes the duties
of a teacher in a school where the person is not registered or does
not have permission to teach under the Act. Secondly, a person
or body must not employ a person to teach in a school unless the
person is registered or has permission to teach. The penalty for
each offence is 100 penalty units.
Clause 54 provides that a registered teacher must notify the Institute within
30 days of information about certain criminal offences
concerning the teacher. Failure to do so attracts a penalty of
50 penalty units. That information must also be included in any
application for registration or renewal.
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Clause 55 creates the offences of false representation as a registered teacher
and obtaining registration by fraud or by false representation.
Each offence attracts a penalty of 10 penalty units.
Clause 56 requires a teacher to return a certificate in the event of a
cancellation or suspension and for the Institute to return a
certificate to a teacher at the end of a suspension.
Clause 57 provides that any person authorised by the Institute may
commence proceedings under Part 6.
PART 7--ADMINISTRATION
Division 1--The Council
Clause 58 provides for how a member of the Council may resign or be
removed from the Council.
Clause 59 provides for the Institute to maintain a roll of electors consisting
of registered teachers. The clause also provides for filling of
vacancies where there are insufficient nominations or candidates
and the term of such appointments. The Electoral Commissioner
must conduct any elections required for membership of the
Council in accordance with the regulations.
Registered teachers will be able to vote for up to 6 candidates
listed under their categories in clause 8(4). The result of the
ballot is to be obtained by declaring elected the 6 candidates who
received the most number of votes in their category.
The remaining 3 positions are to be filled by the 3 highest vote
getters of the remaining candidates.
Clause 60 provides that elected members of the Council hold office for
three years. Members of the Council appointed by the Governor
in Council hold office for the term (up to 3 years) specified in
their instrument of appointment. A member must act honestly,
exercise reasonable care and diligence and not make improper
use of information acquired as a member.
Clause 61 sets out the fees and personal and travelling expenses that
members, where eligible, are entitled to receive.
Clause 62 provides for the appointment of acting members. Acting
members may be eligible for certain payments under the clause.
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Clause 63 sets out the procedure of the Council when conducting meetings.
Clause 64 provides for a member of the Council to declare any pecuniary or
other interest that the member may have in a matter before the
Council. The member may take part in the discussion of the
matter but must leave when a vote is being taken on any question
relating to the matter.
Clause 65 This clause allows a resolution to be passed where notice and the
terms of the resolution have been provided to members but the
members do not physically attend a meeting together.
Resolutions are deemed to be passed by the Council on the day
that the document containing the resolution is signed by the last
member.
Clause 66 provides that where not less than two-thirds of the members of
the Council agree a meeting (other than a meeting under Part 4)
may be held by means of a method of communication approved
by the Chairperson. This clause allows meetings to be held
without all members being physically present together.
Clause 67 provides that an act or decision of the Council is not invalid
despite any vacancy in membership or defect or irregularity in
appointment or election of members.
Division 2--Further powers of the Council
Clause 68 allows the Institute to employ a Registrar, chief executive and
any other staff as necessary. The chief executive is responsible
for implementing any policy or decision of the Minister or the
Council made in accordance with the Act.
Clause 69 provides for savings of terms and conditions and superannuation
benefits for persons appointed under clause 68 where those
persons were immediately before being appointed, employed in
the Department of Education, Employment and Training under
the Public Sector Management and Employment Act 1998 or
the Teaching Service Act 1981.
Clause 70 provides that the Institute may, by instrument in writing,
establish a committee or any other body to exercise any of the
powers of the Institute that are delegated to the members of the
body or committee under the Act. The Institute may appoint
members to the committee or body and set the terms and
conditions of such appointments. Meeting of the committee or
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body may be held by other methods other than all members being
physically present.
Clause 71 provides that the Council may delegate powers to the categories
of persons listed in the clause. The Council may not delegate the
power to refuse to grant registration, or endorsement of
registration or to refuse to renew registration, or the power to
impose or to amend, vary or revoke conditions, limitations or
restrictions on registration or endorsement of registration, or the
power to delegate.
Clause 72 provides that the Council must establish the Accreditation
Committee. This Committee has the functions listed in the clause.
The Committee has all powers necessary to enable it to perform
its functions.
Clause 73 provides that the Council must establish the Professional Practice
and Conduct Committee. This Committee has the functions listed
in the clause. The Committee has all powers necessary to enable
it to perform its functions.
Clause 74 provides for the membership of committees and bodies.
Clause 75 provides for the terms of office and conditions of appointment
for members of a committees, panels and bodies established
under clauses 38, 70, 72 or 73.
Clause 76 provides that a member of a committee, hearing panel or body
established under clauses 38, 70, 72 or 73 may resign, and for the
removal of a member by the Council and the appointment of an
acting member to fill the vacancy.
Clause 77 sets out the payment of fees, personal and travelling expenses
that members of a committee, hearing panel or body established
under clauses 38, 70, 72 or 73, where eligible, are entitled to
receive.
Clause 78 sets out the procedure of a committee, panel or body established
under clauses 38, 70, 72 or 73, when conducting meetings.
Clause 79 provides that an act or decision or a committee, hearing panel or
body established under clauses 38, 70, 72 or 73 is not invalid
only because of a vacancy in the membership or irregularity in
appointment.
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Clause 80 provides that a member of the Council or person responsible for
keeping the register is not personally liable for anything done or
omitted to be done in good faith in the exercise of a power or
discharge of a duty under this act, or where the person
reasonably believed that the act or omission was in the exercise
of a power or discharge of a duty under this Act. Where any
liability would attach for the act or omission it attaches to the
Institute.
Division 3--Finances
Clause 81 allows the Minister after calling for and considering
recommendations from the Institute to fix fees that are required
or permitted to be fixed under the Act. The Minister may fix fees
for a period of twelve months, may fix different fees for different
cases and may allow for the reduction, waiver or refund of any
fee, in whole or in part. The fee fixed must be published in a
newspaper circulating throughout Victoria and in the
Government Gazette.
Clause 82 provides for the establishment of the Victorian Institute of
Teaching Fund. The Institute must maintain the fund and pay
into it the investment income, proceeds from investments and
other moneys received by the Institute. The Institute may make
payments from the fund for costs and expenses and may invest
money in any manner that a trustee can invest under the Trustee
Act 1958 or in any manner approved by the Minister.
PART 8--REGULATIONS
Clause 83 authorises regulations to be made by the Governor in Council
with respect to the conduct of elections, including provisions for
voting, the method of voting and the counting of votes and any
other matter or thing required or permitted to be prescribed under
the Act.
PART 9--COLLEGES
Clause 84 authorises the Institute, by Order published in the Government
Gazette, to establish a College for promoting particular domains
of practice within the teaching profession and to appoint a
governing board of the College. Any order made must contain a
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charter for the College that contains the matters set out in
sub-clause (3).
PART 10--CONSEQUENTIAL AMENDMENTS
Clause 85 lists the consequential amendments to the Education Act 1958.
Section 37 (1), (2) and (3) of that Act has been consequentially
amended as set out in the clause. Sections 38, 39, 40, 41A and
Part IIIA of the Education Act 1958 are repealed as a
consequence of the new registration provisions in this Act and in
section 43(1) paragraphs (b) and (ba) are substituted to remove
references to the register of teachers.
Clause 86 substitutes a new section 44 in the Education Act 1958 to
continue the offence under that Act relating to unregistered
schools.
Clause 87 substitutes a new section 49 in the Education Act 1958
providing for the register under that Act to relate only to
registered schools and not to registered teachers. The new
register under clause 22 will now provide for all registered
teachers.
Clause 88 makes an amendment to the Teaching Service Act 1981 as a
consequence of the repeal by clause 85 of the provisions relating
to the Standards Council of the Teaching Profession. The new
section 64(AA)(1)(c) provides for one member of the Merit
Protection Board to be nominated by the Minister after calling
for expressions of interests from teachers employed in State
schools. The current appointee to the Board under the current
section 64(AA)(1)(c) continues in office for the term of their
appointment.
Clause 89 inserts a new Part 22 into the Victorian Civil and
Administrative Tribunal Act 1998 to provide that, in
proceedings, for the purposes of clause 52 of the new Act the
Tribunal is to be constituted by, or to include, a member, who, in
the opinion of the President, has knowledge of, or experience in,
the teaching profession.
PART 11--TRANSITIONALS AND SAVINGS
Clause 90 provides, that despite clause 8, the Minister may after the
commencement of this clause appoint the first Council of the
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Institute to consist of not more than 19 members appointed for
the period and on the terms and conditions fixed by the Minister.
The first Council is to arrange for the preparation of a roll of
electors for the Institute and the conduct of the elections.
Both the Registered Schools Board and employers of teachers
must provide details of teachers who are eligible to be on the roll
of electors.
Clause 91 provides that teachers who are registered or have permission to
teach under section 37 of the Education Act 1958, immediately
before the commencement of this clause, are deemed to be
registered under clause 11 of this Act.
Any person who was within the period of 2 years before the
commencement of this clause employed or engaged as a teacher
in a State school in a fixed term or on-going position is deemed
to be registered under clause 11 of this Act.
Casual relief teachers employed in a State school within a period
of 2 years before the commencement of this clause are deemed to
be registered under clause 11. However the registration is
conditional on the basis that such a person will, if required by the
Institute, before the first anniversary date of the deemed
registration, achieve the standard of professional practice
required under clause 10. Teachers who are deemed to be
registered under this clause must pay the annual registration fee
under clause 21 on or before 30 April 2003.
Clause 92 provides that an investigation or inquiry that has commenced
under the Education Act 1958 but not been completed before
the commencement of Part 4 of this Act, may be completed as if
Part 4 had not commenced.
Clause 93 provides that the Institute may perform its functions and exercise
its powers in relation to the activities or conduct of a registered
teacher where no hearing into that conduct has commenced under
the Education Act 1958.
Clause 94 provides that despite clause 84 the Minister by Order published
in the Government Gazette may establish the first College under
this Act and appoint a Board to be the governing board of the
College. The Minister's Order must contain a Charter for the
College that sets out the matters listed in sub-clause (3).
Once clause 84 commences any College established is deemed
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to be a College established by the Institute under clause 84.
The Institute after consulting with the Board and after the
expiration of the terms of office of the Board immediately before
the commencement of clause 84 may by Order published in the
Government Gazette alter any matters in the charter of the
College.
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