Victorian Consolidated Regulations Victorian Consolidated RegulationsIn these Regulations—
Reg. 5 def. of accredited foundation secondary course inserted by S.R. No. 6/2022 reg. 6(1).
"accredited foundation secondary course" means a course pertaining to year 11 or 12 (other than a senior secondary course) leading to a foundation secondary qualification that is accredited by the Authority under Chapter 4 of the Act;
Reg. 5 def. of accredited senior secondary course amended by S.R. No. 6/2022 reg. 6(2)(a).
"accredited senior secondary course" means a course leading to a senior secondary qualification and any other accredited course pertaining to year 11 or 12 (other than a foundation secondary course) that is accredited by the Authority under Chapter 4 of the Act;
"accredited vocational education and training course" means a course leading to a registered vocational education and training qualification that is accredited under, and registered within the meaning of, Chapter 4 of the Act;
Note
"Accredited", in relation to a course, is defined in section 1.1.3(1) of the Act, and "registered", in relation to vocational education and training, is defined in section 4.1.1(1) of the Act.
"approved transport service" means a transport service determined to be an approved transport service by the Minister under regulation 102 ;
"attending the school "in clause 12 of Schedule 4, includes the student's attendance at any place used by the school;
"awarding body" means a person or body that is registered on the State Register to award, confer or issue a registered qualification;
Note
Registered qualification is defined in section 1.1.3(1) of the Act.
"bank" means ADI;
Note
The Interpretation of Legislation Act 1984 defines "ADI" as an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth. It includes banks and credit unions.
"campus" means a location at which part of a school is conducted or proposed to be conducted under the name of the campus as part of a registered school and—
(a) the campus and the school have a common governing body or the governing body of the campus is responsible to the governing body of the school; and
(b) in the case of a non-Government school, the campus and the school have the same proprietor;
"completing "in regulation 17 and in relation to the completion of an accredited senior secondary course, means undertaking a sufficient number of units or courses of study which, if satisfactorily completed, will result in a person completing the course;
"conduct" of a school in regulation 7, includes—
(a) fund-raising activities conducted solely for the school; and
(b) the provision of goods and services and other matters or things to students attending the school; and
(c) the provision of other educational services that are within the scope of the school's registration;
"designated transport area", in relation to a Government specialist school, means the area or distance determined to be a designated transport area by the Minister in relation to that school under regulation 103;
Reg. 5 def. of early learning centre inserted by S.R. No. 134/2019 reg. 4(1).
"early learning centre "means a premises at which an approved education and care service (within the meaning of the Education and Care Services National Law (Victoria)) provides education and care to children, including in the year that is either 3 years or 2 years before grade 1 of school (within the meaning of the Education and Care Services National Law (Victoria)), and the service is not provided for the purpose of profit or gain;
"eligible to enrol "in regulation 17, means that a person meets the eligibility requirements for enrolment in a course including any requirements relating to English proficiency, technological access and prerequisite study;" "
"English language Government school or centre" means a Government school that offers students a full-time and intensive English language program for a minimum of 6 months and a maximum of 12 months, and includes a part of a Government school that offers such a program;
"entity" in regulation 7, includes a trust;
"externally-administered body corporate "has the same meaning as it has in the Corporations Act 2001 of the Commonwealth;
Reg. 5 def. of foundation secondary awarding body inserted by S.R. No. 6/2022 reg. 6(1).
"foundation secondary awarding body" means a person or body that proposes to award, confer or issue a registered foundation secondary qualification;
Reg. 5 def. of foundation secondary course inserted by S.R. No. 6/2022 reg. 6(1).
"foundation secondary course" has the same meaning as it has in Chapter 4 of the Act;
Reg. 5 def. of foundation secondary education provider inserted by S.R. No. 6/2022 reg. 6(1).
"foundation secondary education provider" means a person, body or school providing, or proposing to provide, an accredited foundation secondary course;
Reg. 5 def. of foundation secondary qualifications inserted by S.R. No. 6/2022 reg. 6(1).
"foundation secondary qualifications "has the same meaning as it has in Chapter 4 of the Act;
Reg. 5 def. of governing body amended by S.R. No. 25/2021 reg. 6(a).
"governing body" means—
(a) in relation to a Government school, the school council constituted in relation to that school; or
(b) in relation to a non-Government school, the person or body responsible for the governance, conduct or management of the school; or
(ba) in relation to a Government school boarding premises, the school council constituted in relation to the Government school at which the students boarding at the school boarding premises are enrolled or attending; or
(bb) in relation to a non-government school boarding premises, the person or body responsible for the governance or management of the provider of school boarding services at the premises; or
(c) in relation to a TAFE institute, the board that oversees and governs the TAFE institute established under section 3.1.11 of the Act; or
(d) in relation to any other awarding body, the person or body responsible for the conduct or the management of the awarding body;
Reg. 5 def. of government funding inserted by S.R. No. 134/2019 reg. 4(1).
"government funding", in relation to a school, means money that is provided for the conduct of the school under an agreement or an arrangement with the State or the Commonwealth;
"local laws" has the same meaning as it has under Part 5 of the Local Government Act 1989 ;
"Melbourne Statistical Area" means the area comprising the Greater Melbourne Statistical Area described in Australian Statistical Geography Standard (ASGS): Volume 1 – Main Structure and Greater Capital City Statistical Areas, July 2016, published by the Australian Bureau of Statistics;
Note
The areas that make up the Greater Melbourne Statistical Area are set out on the Authority's website.
"metropolitan area" means—
(a) the metropolitan municipal districts within the meaning of the Public Holidays Act 1993 ; and
(b) French Island;
not-for-profit school has the meaning set out in regulation 7 ;
Reg. 5 def. of notifiable disclosure event amended by S.R. No. 25/2021 reg. 6(b).
"notifiable disclosure event" means an event that occurs if a responsible person is the subject of—
(a) an adverse finding or other action by a court, tribunal, professional discipline or regulatory body (in Victoria or elsewhere) where the adverse finding or the action relates to the responsible person's—
(i) dishonest, misleading or deceptive conduct; or
(ii) non-compliance with a legal obligation relating to the provision of education; or
(iii) breach of duty; or
(b) the commencement of legal or disciplinary proceedings in relation to the conduct of the responsible person that means the responsible person is not a fit and proper person within the meaning of clause 15(5) of Schedule 4 or clause 7(5) of Schedule 4A;
Example
A notifiable disclosure event must be notified to the Authority if a responsible person is—
• charged with an indictable offence; or
• the subject of bankruptcy proceedings; or
• the subject of proceedings to enforce compliance with an applicable professional or registration standard; or
• the subject of proceedings for breach of a legal or fiduciary duty that applies to the responsible person.
"owner of the course" means the person in whom the intellectual property relating to the course is vested;
"owner of the qualification" means the person in whom the intellectual property relating to the qualification is vested;
Reg. 5 def. of philosophy substituted by S.R. No. 25/2021 reg. 6(c).
"philosophy "in relation to a school or school boarding premises, includes the vision, mission and objective of the school or school boarding premises;
Reg. 5 def. of prohibited agreement or arrangement amended by S.R. No. 134/2019 reg. 4(2), substituted by S.R. No. 25/2021 reg. 6(d).
prohibited agreement or arrangement has the meaning given by regulation 7A;
"proprietor "in relation to a school, means—
(a) a person, body, or institution who owns or controls one or more registered schools; or
(b) any person or body that is specified in the registration of the school as the proprietor of the school;
Reg. 5 def. of registered foundation secondary qualification inserted by S.R. No. 6/2022 reg. 6(1).
"registered foundation secondary qualification" means a foundation secondary qualification that is registered by the Authority as a registered qualification;
Note
Registered qualification is defined in section 1.1.3(1) of the Act.
Reg. 5 def. of registered provider amended by S.R. No. 6/2022 reg. 6(2)(b).
"registered provider" in relation to an accredited senior secondary course or an accredited foundation secondary course means a person, body or school registered by the Authority under Division 3 of Part 4.3 of the Act to provide the course;
"registered senior secondary qualification" means a senior secondary qualification that is registered by the Authority as a registered qualification;
Note
Registered qualification is defined in section 1.1.3(1) of the Act.
"registered vocational education and training qualification" means a registered qualification that is also registered within the meaning of section 4.1.1(1) of the Act;
Note
"Registered qualification "is defined in section 1.1.3(1) of the Act, and "registered", in relation to vocational education and training, is defined in section 4.1.1(1) of the Act.
"registration", in clause 4 of Schedule 4, includes provisional registration and interim registration within the meaning of Part 2.6 of the Act but does not include registration as a non-practising teacher or as an early childhood teacher under Part 2.6 of the Act;
represented person has the same meaning as it has in the Guardianship and Administration Act 1986 ;
Reg. 5 def. of responsible person substituted by S.R. No. 25/2021 reg. 6(e).
"responsible person" means—
(a) in relation to a school—
(i) if the proprietor is an individual, that person; or
(ii) if the proprietor is a body, that body and any person who is concerned in, or takes part in, the management of the body; or
(iii) each person with responsibility in the school governance structure for managing the school or its finances, including each member of the governing body of the school; or
(iv) the principal of the school; or
(v) any other person who by the person's conduct assumes a position of authority over the governance or management of the school;
(b) in relation to a school boarding premises—
(i) if the provider of school boarding services at the premises is an individual, that person; or
(ii) if the provider of school boarding services at the premises is a body corporate, that body corporate and any person who is concerned in, or takes part in, the management of the body corporate; or
(iii) each person with responsibility in the governance structure of the provider of school boarding services at the premises for managing the provider or its finances, including each member of the governing body of the provider; or
(iv) any other person who by the person's conduct assumes a position of authority over the governance or management of the provider of school boarding services at the premises;
"senior secondary awarding body" means a person or body that proposes to award, confer or issue a registered senior secondary qualification;
"senior secondary course" has the same meaning as it has in Chapter 4 of the Act;
"senior secondary education provider" means a person, body or school providing, or proposing to provide, an accredited senior secondary course;
"senior secondary qualifications" has the same meaning as it has in Chapter 4 of the Act;
"specialist school" means a school—
(a) established for the main purpose of providing instruction for students with disabilities; or
(b) established for the main purpose of providing instruction for students with social, emotional or behavioural difficulties;
"specified information" includes information about, or evidence of, the education program, learning plan or materials, or other records used for or in relation to the requirements of the registration for home schooling or any regulations relating to home schooling;
Reg. 5 def. of staff substituted by S.R. No. 25/2021 reg. 6(f).
"staff "means—
(a) in relation to a Government school, the principal, teachers and other staff;
(b) in relation to a Government school boarding premises, the staff employed by the provider of the school boarding services at the premises and other staff;
"student", in Part 8, means a past, current or prospective student;
Reg. 5 def. of student engagement policy inserted by S.R. No. 25/2021 reg. 6(g).
"student engagement policy" means—
(a) in relation to a Government school, a policy setting out the expectations and aspirations of the school in relation to student behaviour, including discipline and strategies to address unsatisfactory school attendance and bullying;
(b) in relation to a Government school boarding premises, a policy setting out the expectations and aspirations of the provider of school boarding services at the premises in relation to student behaviour, including discipline and strategies to address bullying;
"teacher" has the same meaning as it has in section 2.6.1 of the Act;
"the Act" means the Education and Training Reform Act 2006 ;
"Urban Centre" means an area of Victoria referred to as an Urban Centre in Australian Statistical Geography Standard (ASGS): Volume 4 – Significant Urban Areas, Urban Centres and Localities, Section of State, July 2011, published by the Australian Bureau of Statistics;
Note
The areas that make up the relevant Urban Centres are set out on the Authority's website.
VET provider means a person, body or school in respect of which an application has been made for registration as a training organisation on the National Register under Division 4 of Part 4.3 of the Act.