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PARLIAMENT OF VICTORIA
Education Acts (Amendment) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Repeal of provisions relating to self-governing schools 2
4. New sections inserted 3
15ZD. Secretary's power to transfer staff 3
15ZE. Secretary to notify staff regarding transfers 3
15ZF. Secretary to make individual offers 4
15ZG. Employee may elect to transfer 4
15ZH. Secretary to transfer staff 5
15ZI. Transfers to teaching service 5
15ZJ. Transfer of staff other than teachers and principals 6
15ZK. Staff who do not transfer 7
15ZL. Ministerial orders in respect of non-transferred staff 8
15ZM. Continuing certain powers in relation to property 8
15ZN. Continuation of certain partnerships, associations and
joint ventures 8
15ZO. Termination of educational services agreements 9
5. Amendment of the Teaching Service Act 1981 9
NOTES 10
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PARLIAMENT OF VICTORIA
Initiated in Assembly 15 March 2000
As amended in Assembly 6 April 2000
A BILL
to amend the Education Act 1958 and the Teaching Service Act
1981 to revoke special functions and powers given to certain school
councils, to provide for the transfer of staff employed by those
councils and to make transitional provisions for other agreements and
arrangements entered into by those school councils and for other
purposes.
Education Acts (Amendment) Act 2000
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Education Act 1958 and the Teaching Service
Act 1981 to--
5 (a) revoke special functions and powers given to
certain school councils;
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Education Acts (Amendment) Act 2000
s. 2
Act No.
(b) provide for the transfer of staff employed by
those councils;
(c) make transitional provisions for other
agreements and arrangements entered into by
5 those school councils.
2. Commencement
(1) Section 1 and this section come into operation on
the day after the day on which this Act receives
the Royal Assent.
10 (2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 July 2001, it
15 comes into operation on that day.
3. Repeal of provisions relating to self-governing schools
No. 6240.
(1) In the Education Act 1958--
Reprint No. 8
as at
(a) section 15BA is repealed;
24 February
2000.
(b) sections 15R and 15S and sections 15U to
20 15ZB are repealed;
(c) in section 16, sub-section (8) is repealed.
(2) Section 15T of the Education Act 1958 is
repealed.
(3) The Education (Self-Governing Schools) Act
25 1998 is repealed.
(4) The notices under section 15S of the Education
Act 1958 published in the Government Gazette
dated 31 December 1998 and the Government
Gazette dated 16 June 1999 cease to have effect.
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Education Acts (Amendment) Act 2000
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4. New sections 15ZD to 15ZO inserted
After section 15ZC of the Education Act 1958
insert--
'15ZD. Secretary's power to transfer staff
5 (1) The Secretary may transfer a school council
employee who has elected to be transferred
to employment under the Teaching Service
Act 1981 or section 5 of this Act in
accordance with this Division to that
10 employment.
(2) The Secretary may only transfer a school
council employee on the terms and
conditions notified to that employee.
(3) In this section and sections 15ZE to 15ZL
15 "school council employee" means a person
who, immediately before the commencement
of section 3(2) of the Education Acts
(Amendment) Act 2000, was employed or
engaged by a school council under section
20 15T as in force immediately before its
repeal.
15ZE. Secretary to notify staff regarding transfers
(1) The Secretary must take reasonable steps
to--
25 (a) notify all school council employees of
the provisions of this Division; and
(b) request expressions of interests from
those employees who wish to elect to
transfer to employment in the teaching
30 service established under the Teaching
Service Act 1981 or to employment
under section 5 of this Act.
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Education Acts (Amendment) Act 2000
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Act No.
(2) A school council employee who wishes to
elect to transfer to employment in the
teaching service established under the
Teaching Service Act 1981 or to
5 employment under section 5 of this Act must
notify the Secretary within 14 days after
receipt of the notice under sub-section (1),
that the employee wishes to receive an offer
under section 15ZF of the terms and
10 conditions of employment that would apply
to that employee on transfer.
15ZF. Secretary to make individual offers
(1) The Secretary, within 30 days of receiving a
notice from a school council employee under
15 section 15ZE(2), must give that employee an
offer of employment specifying the terms
and conditions of that employment.
(2) An offer under sub-section (1) must specify
a period, being not less than 28 days after
20 receipt of the notice, within which the school
council employee must notify the Secretary
of his or her election to transfer to
employment in accordance with the terms
and conditions specified in that offer.
25 15ZG. Employee may elect to transfer
(1) A school council employee who has received
an offer of employment under section 15ZF
may elect to transfer to that employment by
notifying the Secretary in writing of his or
30 her election to transfer within the period
specified by the Secretary under section
15ZF.
(2) The Secretary may accept an election to
transfer under sub-section (1) from a school
35 council employee whose election is not
received within the period specified in the
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Act No.
offer made by the Secretary under
section 15ZF, if the Secretary is satisfied that
it is reasonable to do so in the circumstances.
15ZH. Secretary to transfer staff
5 (1) The Secretary, by notice in writing to a
school council employee who has elected to
transfer in accordance with section 15ZG,
may transfer that employee--
(a) in the case of a school council
10 employee employed or engaged as a
teacher or principal (however
designated), to the teaching service
established under the Teaching Service
Act 1981; or
15 (b) in any other case, to employment under
section 5 of this Act.
(2) The Secretary must specify a date in the
notice under sub-section (1) from which the
transfer is effective.
20 15ZI. Transfers to teaching service
(1) On the date specified by the Secretary under
section 15ZH, a school council employee
referred to in section 15ZH(1)(a)--
(a) ceases to be employed or engaged by a
25 school council under section 15T; and
(b) is transferred to the teaching service
established under the Teaching Service
Act 1981; and
(c) is entitled to long service leave, annual
30 leave, sick leave, maternity leave and
other leave which have accrued to that
employee as if the period of
employment or engagement under
section 15T had been service in the
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teaching service established under the
Teaching Service Act 1981 and those
entitlements had accrued in accordance
with that Act.
5 (2) The service of a school council employee
during a period of employment or
engagement by a school council under
section 15T is to be treated for the purposes
of the Teaching Service Act 1981 and the
10 State Superannuation Act 1988 as being
continuous with the service of that employee
as a member of the teaching service.
15ZJ. Transfer of staff other than teachers and
principals
15 (1) On the date specified by the Secretary under
section 15ZH, a school council employee
referred to in section 15ZH(1)(b)--
(a) ceases to be employed or engaged by a
school council under section 15T; and
20 (b) is transferred to employment under
section 5; and
(c) is entitled to long service leave, annual
leave, sick leave, maternity leave and
other leave which have accrued to that
25 employee as if the period of
employment or engagement under
section 15T had been employment
under section 5 and those entitlements
had accrued in accordance with this
30 Act.
(2) The service of a school council employee
during a period of employment or
engagement by a school council under
section 15T is to be treated for the purposes
35 of employment under section 5 of this Act
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and for the purposes of the State
Superannuation Act 1988 as being
continuous with the service of that employee
under section 5.
5 15ZK. Staff who do not transfer
(1) A school council employee who has not
elected to transfer to the teaching service
established under the Teaching Service Act
1981 or to employment under section 5 of
10 this Act in accordance with section 15ZG--
(a) continues, subject to his or her
agreement or arrangement relating to
employment or engagement with the
school council, to be employed or
15 engaged by the school council pursuant
to that agreement or arrangement until
the agreement or arrangement expires
or otherwise ceases to have effect,
despite the repeal of section 15T; and
20 (b) on the expiry of that agreement or
arrangement or when the agreement or
arrangement ceases to have effect,
ceases to be employed or engaged by
the school council.
25 (2) A school council must not extend the term of
or the operation of an agreement or
arrangement relating to the employment or
engagement of any person to whom this
section applies.
30 (3) A school council may continue to deal with a
school council employee whose employment
or engagement is continued by virtue of this
section as if section 15T had not been
repealed until the expiry of the agreement or
35 arrangement relating to the employment or
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engagement or when the agreement or
arrangement ceases to have effect.
15ZL. Ministerial orders in respect of non-
transferred staff
5 The Minister may continue to make Orders
under section 15T(5)(b) in relation to any
school council employee whose employment
continues under section 15ZK as if section
15T(5)(b) had not been repealed.
10 15ZM. Continuing certain powers in relation to
property
(1) A school council that, immediately before
the commencement of section 3(1) of the
Education Acts (Amendment) Act 2000,
15 had accrued any rights or incurred any
obligations in exercising its powers under
section 15W of this Act may continue to
exercise the powers under section 15W, as in
force immediately before that
20 commencement, in relation to those rights
and obligations as if section 15W had not
been repealed.
(2) Nothing in this section limits the power of a
school council under section 13(2) of this
25 Act or under an Order made by the Minister
under section 13 of this Act.
15ZN. Continuation of certain partnerships,
associations and joint ventures
(1) A school council that had become a member
30 of a partnership or association or entered into
a joint venture under and in accordance with
section 15X before the commencement of
section 3(1) of the Education Acts
(Amendment) Act 2000 may continue to
35 exercise its powers under that section, as in
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force immediately before that
commencement, except those powers
referred to in sub-section (2), in relation to
that partnership, association or joint venture.
5 (2) A school council that had become or
purported to become a member of a
partnership or association or had entered into
a joint venture under section 15X before the
commencement of section 3(1) of the
10 Education Acts (Amendment) Act 2000
does not have power to extend the term of
operation of the partnership, association or
joint venture.
15ZO. Termination of educational services
15 agreements
An educational services agreement that was
entered into under section 15Y and that was
in force immediately before the
commencement of section 3(1) of the
20 Education Acts (Amendment) Act 2000 is,
by force of this section, terminated on the
date of that commencement and all rights,
entitlements, liabilities and obligations under
any such agreement cease on that date.'.
25 5. Amendment of the Teaching Service Act 1981
No. 9714.
In section 77(1) of the Teaching Service Act Reprint No. 4
1981, omit "or to a school council constituted as at 1 July
1997. Further
under section 13 of the Education Act 1958". amended by
Nos 28/1998,
46/1998,
12/1999 and
15/1999.
30
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Education Acts (Amendment) Act 2000
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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