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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Education Acts (Amendment) Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--EDUCATION ACT 1958 3
3. New definitions inserted 3
4. Registration of schools with less than 20 pupils 3
5. Cancellation of registration of schools with less than 10 pupils 4
6. Ministerial orders 4
PART 3--TEACHING SERVICE ACT 1981 5
7. Definition of "efficiency" 5
8. New heading to Division 2A substituted 5
9. New section 4B inserted 5
4B. Vacant offices 5
10. Repeal of sections 6 and 7 6
11. Temporary employment 6
12. New Division 5 inserted 6
Division 5--Advertisements 6
10. Public notices 6
13. Efficiency 7
NOTES 8
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PARLIAMENT OF VICTORIA
A BILL
to amend the Education Act 1958 and the Teaching Service Act
1981 and for other purposes.
Education Acts (Amendment) Act 1999
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to make further provision for the registration
5 of schools;
(b) to widen the application of section 84 of the
Education Act 1958 to Ministerial Orders
made under section 15T of that Act;
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Education Acts (Amendment) Act 1999
s. 2
Act No.
(c) to make further provision for appointments
to vacant offices in the teaching service.
2. Commencement
This Act comes into operation on the day on
5 which it receives the Royal Assent.
_______________
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Education Acts (Amendment) Act 1999
s. 3
Act No.
PART 2--EDUCATION ACT 1958
3. New definitions inserted
No.
In section 35 of the Education Act 1958, after 6240/1958.
sub-section (2) insert-- Reprint No. 7
as at 1 July
5 '(3) In this Part-- 1998 and
subsequently
"Melbourne Statistical Division" means amended by
Nos 82/1998
the area comprising the Statistical
and 85/1998.
Division of Melbourne described in the
Australian Standard Geographical
10 Classification published by the
Australian Bureau of Statistics from
time to time;
"Urban Centre" means an area referred to
as an Urban Centre in the most recent
15 census results published by Australian
Bureau of Statistics.'.
4. Registration of schools with less than 20 pupils
(1) In section 42(3) of the Education Act 1958, for
paragraph (c) substitute--
20 "(c) shall not register a school if the school has
an enrolment of less than 20 pupils;".
(2) In section 42 of the Education Act 1958, after
sub-section (4) insert--
"(5) Sub-section (3)(c) does not apply to a school
25 with an enrolment of more than 10 persons if
the school is--
(a) a primary school that is not located
within--
(i) the Melbourne Statistical
30 Division; or
(ii) an Urban Centre with a population
of 20 000 or less (as recorded by
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Education Acts (Amendment) Act 1999
s. 5
Act No.
the last published census results of
the Australian Bureau of
Statistics); or
(b) a special school.".
5 5. Cancellation of registration of schools with less than
10 pupils
In section 43(1A) of the Education Act 1958, for
paragraph (a) substitute--
"(a) the enrolment of the school is less than 10, if
10 the school is a primary school that is not
located within--
(i) the Melbourne Statistical Division; or
(ii) an Urban Centre with a population of
20 000 or less (as recorded by the last
15 published census results of the
Australian Bureau of Statistics); or
(ab) the enrolment of the school is less than 10, if
the school is a special school; or".
6. Ministerial orders
20 In section 84(1) of the Education Act 1958 after
"15Q," insert "15T,".
_______________
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Education Acts (Amendment) Act 1999
s. 7
Act No.
PART 3--TEACHING SERVICE ACT 1981
7. Definition of "efficiency"
In section 2(1) of the Teaching Service Act 1981
insert the following definition--
No.
5 ' "efficiency" means-- 9714/1981.
(a) special qualifications and aptitude for Reprint No. 4
as at 1 July
the discharge of the duties of the office 1997 and
to be filled together with merit subsequently
amended by
diligence and good conduct; and Nos 28/1998
and 46/1998.
10 (b) in relation to an office that the Minister
has determined to be an office to which
this paragraph applies "efficiency" is, in
relation to the filling of the office,
deemed to include special
15 qualifications and aptitude for the
discharge of the duties of higher offices
in the teaching service;'.
8. New heading to Division 2A substituted
For the heading to Division 2A of Part II of the
20 Teaching Service Act 1981, substitute "Division
2A--Appointments Generally".
9. New section 4B inserted
After section 4A of the Teaching Service Act
1981 insert--
25 "4B. Vacant offices
(1) If an office is vacant or is about to become
vacant, the Secretary may take steps to fill
the vacancy under this Act.
(2) In the selection of a person to fill a vacant
30 office, the Secretary must have regard to the
relative efficiency of any two or more
applicants for the office.".
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Education Acts (Amendment) Act 1999
s. 10
Act No.
10. Repeal of sections 6 and 7
Sections 6 and 7 of the Teaching Service Act
1981 are repealed.
11. Temporary employment
5 In section 9 of the Teaching Service Act 1981,
for sub-section (2) substitute--
"(1) If, in the opinion of the Secretary the prompt
dispatch of the work of any section renders
temporary assistance necessary, and suitable
10 temporary assistance cannot be made
available by the transfer of officers or
employees from within the teaching service,
the Secretary may appoint a person for the
work.
15 (2) In the selection of a person under sub-section
(1), the Secretary must have regard to the
relative efficiency of any two or more
applicants for the employment.".
12. New Division 5 inserted
20 After section 9 of the Teaching Service Act 1981
insert--
"Division 5--Advertisements
10. Public notices
A person shall not be appointed to an office
25 in the teaching service under this Part,
except section 4(4), unless--
(a) public notice of the vacancy in the
office or proposed office has been
given; and
30 (b) the person has applied for appointment
to the office or to the proposed office in
response to a public notice.".
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Education Acts (Amendment) Act 1999
s. 13
Act No.
13. Efficiency
In section 65 of the Teaching Service Act 1981--
(a) in sub-section (1)--
(i) omit "(1)"; and
5 (ii) for "in the selection of an officer to fill
a vacancy and in determining any
appeal" substitute "in determining any
appeal."
(b) sub-section (2) is repealed.
10
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Education Acts (Amendment) Act 1999
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Education Acts (Amendment) Act 1999
Act No.
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