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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Education and Training Legislation (Miscellaneous
Amendments) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Children and Young Persons Act--teachers 2
4. Education Act--delegation 3
5. Education Act--employment of teaching staff 3
6. New section 15BAA inserted 5
15BAA. Exemption from disqualification 5
7. Education Act--courses of study 7
8. Education Act--registered school teachers 7
9. Notices 8
10. Definition 8
11. Appointments to the teaching service 8
12. Teaching Service Act--New Part IVA inserted 11
PART IVA--DISMISSAL 11
65A. Dismissal of disqualified and unregistered teachers 11
65B. Exemption from disqualification 11
65C. Suspension and dismissal of unregistered teachers 13
13. New sections 76 and 77 substituted 14
76. Minister may delegate powers 14
77. Secretary may delegate powers 14
14. Victorian Institute of Teaching Act--disqualified teachers 14
15. Victorian Institute of Teaching Act--new Division inserted 15
Division 6--Exemption from disqualification 15
51A. Exemption from disqualification 15
16. Review by VCAT 16
17. Notification 17
18. Further transitional 17
19. Victorian Qualifications Authority--payment of members 18
20. Victorian Qualifications Authority--delegations 18
21. Victorian Qualifications Authority--register of providers 19
22. Victorian Qualifications Authority--registered providers 20
23. Ministerial directions--higher education 22
i
541338B.I1-11/10/2002 BILL LA CIRCULATION 25-10-2004
Clause Page
24. TAFE Colleges--higher education 22
25. Statute law revision 22
ENDNOTES 24
ii
541338B.I1-11/10/2002 BILL LA CIRCULATION 25-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 9 October 2002
A BILL
to amend the Children and Young Persons Act 1989, the Education
Act 1958, the Teaching Service Act 1981, the Victorian Institute of
Teaching Act 2001, the Victorian Qualifications Authority Act
2000 and the Vocational Education and Training Act 1990 and for
other purposes.
Education and Training Legislation
(Miscellaneous Amendments) Act 2002
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Children and Young Persons Act 1989, the
Education Act 1958, the Teaching Service Act
5 1981, the Victorian Institute of Teaching Act
2001, the Victorian Qualifications Authority
1
541338B.I1-11/10/2002 BILL LA CIRCULATION 25-10-2004
Education and Training Legislation (Miscellaneous
Amendments) Act 2002
s. 2
Act No.
Act 2000 and the Vocational Education and
Training Act 1990.
2. Commencement
(1) This Act, except sections 3, 5(2), 10, 11(2), (4)
5 and (6), 12(2) and (3), 14, 15, 16, 17 and 18,
comes into operation on the day after the day on
which it receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
10 day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 February 2003, it
comes into operation on that day.
3. Children and Young Persons Act--teachers
15 See: In section 64(1C) of the Children and Young
Act No.
Persons Act 1989, for paragraphs (d), (da) and
56/1989.
Reprint No. 7 (db) substitute--
as at
1 March 2002
"(d) a person who is registered as a teacher under
and
the Victorian Institute of Teaching Act
amending
Act Nos
20 2001 or has been granted permission to teach
69/1992 (as
under that Act;".
amended by
Act Nos
19/1994 and
11/2002),
11/2002 and
35/2002.
LawToday:
www.dms.
dpc.vic.
gov.au
2
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Education and Training Legislation (Miscellaneous
Amendments) Act 2002
s. 4
Act No.
4. Education Act--delegation
See:
(1) In section 4 of the Education Act 1958, for sub- Act No.
section (12) substitute-- 6240/1958.
Reprint No. 8
"(12) The Secretary by instrument may delegate to as at
24 February
5 any person any power or function of the 2000
Secretary under this Act, other than this and
amending
power of delegation and the Secretary's Act Nos
powers under section 5A.". 8/2000,
67/2000,
(2) In section 5A(4) of the Education Act 1958, for 97/2000,
27/2001,
10 "delegate to a sub-committee" substitute 44/2001 and
"delegate to a member or the members of a sub- 96/2001.
LawToday:
committee". www.dms.
dpc.vic.
(3) In section 8 of the Education Act 1958, for sub- gov.au
section (1) substitute--
15 "(1) The Minister by instrument may delegate to
any person any power or function of the
Minister under this Act other than--
(a) this power of delegation;
(b) a power to give directions or issue
20 guidelines under this Act;
(c) the Minister's powers under sections
19A and 68.".
5. Education Act--employment of teaching staff
(1) After section 15B(3) of the Education Act 1958
25 insert--
"(4) A person who has, at any time, in Victoria or
elsewhere, been convicted or found guilty of
a sexual offence within the meaning of the
Victorian Institute of Teaching Act 2001 is
30 not eligible to be employed under this Act as
a teacher within the meaning of the
Victorian Institute of Teaching Act 2001,
unless exempted by the Secretary under
section 15BAA.
3
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Education and Training Legislation (Miscellaneous
Amendments) Act 2002
s. 5
Act No.
(5) A school council must dismiss or remove a
person who is employed or engaged under
this Act by the school council as a teacher
within the meaning of the Victorian
5 Institute of Teaching Act 2001 and who
has, at any time, in Victoria or elsewhere,
been convicted or found guilty of a sexual
offence within the meaning of that Act,
unless exempted by the Secretary under
10 section 15BAA of this Act.".
(2) After section 15B(5) of the Education Act 1958
insert--
"(6) A person is not eligible to be employed
under this Act as a teacher within the
15 meaning of the Victorian Institute of
Teaching Act 2001 by a school council
unless the person is registered or permitted to
teach under that Act.
(7) If a person who is employed or engaged
20 under this Act by a school council as a
teacher within the meaning of the Victorian
Institute of Teaching Act 2001 is refused
registration or permission to teach under that
Act or has had his or her registration or
25 permission to teach cancelled or suspended
under that Act, the school council may
suspend the person without pay from duty as
a teacher for the period that the person's
registration or permission to teach is refused,
30 cancelled or suspended.
(8) Without limiting any of its other powers, a
school council may dismiss or remove a
person who is employed or engaged under
this Act by the school council as a teacher
35 within the meaning of the Victorian
Institute of Teaching Act 2001 if the person
is refused registration or permission to teach
4
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Education and Training Legislation (Miscellaneous
Amendments) Act 2002
s. 6
Act No.
under the Victorian Institute of Teaching
Act 2001 or has his or her registration or
permission to teach cancelled or suspended
under that Act.
5 (9) If a person employed or engaged under this
Act as a teacher within the meaning of the
Victorian Institute of Teaching Act
2001--
(a) is refused registration or permission to
10 teach under that Act or has his or her
registration or permission to teach
cancelled or suspended under that Act;
and
(b) remains unregistered or without
15 permission to teach for a continuous
period of 12 months--
the employment or engagement of that
person ceases, by virtue of this sub-section,
at the end of that period of 12 months.
20 (10) For the purposes of sub-section (9)(b), any
period during which a person remains
unregistered or without permission to teach
does not include any period during which the
person is on leave approved by the school
25 council.
(11) The school council must notify in writing a
person whose employment or engagement
has ceased under sub-section (9).".
6. New section 15BAA inserted
30 After section 15B of the Education Act 1958
insert--
"15BAA. Exemption from disqualification
(1) A person referred to in section 15B(4) or (5)
may apply to the Secretary for an exemption
35 from the operation of that sub-section.
5
541338B.I1-11/10/2002 BILL LA CIRCULATION 25-10-2004
Education and Training Legislation (Miscellaneous
Amendments) Act 2002
s. 6
Act No.
(2) The Secretary must notify the Victorian
Institute of Teaching of an application for
exemption.
(3) The applicant may make submissions to the
5 Secretary and if a hearing is conducted may
be present at the hearing and be represented
at the hearing.
(4) In considering an application the Secretary
may--
10 (a) conduct any enquiries the Secretary
thinks fit;
(b) require an applicant to provide any
further information that the Secretary
thinks fit in any manner required by the
15 Secretary;
(c) seek advice and information on the
application from any other person or
body or source as the Secretary thinks
fit.
20 (5) The Secretary must have regard to the
following matters when considering an
application--
(a) the age of the applicant at the time the
sexual offence was committed;
25 (b) the age of the complainant in relation to
the sexual offence at the time the
offence was committed;
(c) the period of time that has elapsed since
the offence was committed;
30 (d) the history of the applicant since the
offence was committed;
6
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Education and Training Legislation (Miscellaneous
Amendments) Act 2002
s. 7
Act No.
(e) the risk that the applicant is likely to
commit any further sexual offences;
(f) the likelihood that if the parents of any
child being taught by the applicant were
5 informed of the circumstances of the
offence they would retain the necessary
confidence and trust that the applicant
would have an appropriate teacher-
student relationship with their child.
10 (6) The Secretary may grant an exemption--
(a) for an unlimited period or for any
period that the Secretary thinks fit; and
(b) subject to any terms and conditions that
the Secretary thinks fit.".
15 7. Education Act--courses of study
Division 2 of Part II of the Education Act 1958 is
repealed.
8. Education Act--registered school teachers
For section 41A(7) of the Education Act 1958
20 substitute--
"(7) This section applies to any conviction or
finding of guilt of a sexual offence within the
meaning of the Victorian Institute of
Teaching Act 2001 whether occurring
25 before, on or after the commencement of
section 8 of the Education and Training
Legislation (Miscellaneous Amendments)
Act 2002.".
7
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Education and Training Legislation (Miscellaneous
Amendments) Act 2002
s. 9
Act No.
9. Notices
See: In the Teaching Service Act 1981--
Act No.
9714/1981.
(a) in section 2(1), the definition of "public
Reprint No. 5
notice" is repealed;
as at
24 May 2000
5 (b) in section 10, for paragraph (a) substitute--
and
amending
Act No. "(a) notice of the vacancy in the office or
96/2001.
proposed office has been published at
LawToday:
www.dms. least once;";
dpc.vic.
gov.au
(c) in section 62(5) and (6), for "in the
10 prescribed manner" substitute "at least
once";
(d) in section 77A, omit "in a publication
circulating".
10. Definition
15 In section 2(1) of the Teaching Service Act 1981
insert the following definition--
' "registered", in relation to a person employed in
the teaching service, includes permitted to
teach under the Victorian Institute of
20 Teaching Act 2001;'.
11. Appointments to the teaching service
(1) After section 5(2) of the Teaching Service Act
1981 insert--
"(2A) A person who has, at any time, in Victoria or
25 elsewhere, been convicted or found guilty of
a sexual offence within the meaning of the
Victorian Institute of Teaching Act 2001 is
not eligible for appointment to an office in
the teaching service, unless exempted by the
30 Secretary under section 65B.".
8
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Education and Training Legislation (Miscellaneous
Amendments) Act 2002
s. 11
Act No.
(2) After section 5(2A) of the Teaching Service Act
1981 insert--
"(2B) A person is not eligible for appointment to
an office in the teaching service unless the
5 person is registered under the Victorian
Institute of Teaching Act 2001.".
(3) After section 9(2) of the Teaching Service Act
1981 insert--
"(2A) A person who has, at any time, in Victoria or
10 elsewhere, been convicted or found guilty of
a sexual offence within the meaning of the
Victorian Institute of Teaching Act 2001 is
not eligible to be selected for appointment to
the teaching service, unless exempted by the
15 Secretary under section 65B.".
(4) After section 9(2A) of the Teaching Service Act
1981 insert--
"(2B) A person is not eligible to be selected for
appointment to the teaching service unless
20 the person is registered under the Victorian
Institute of Teaching Act 2001.".
(5) After section 9(8) of the Teaching Service Act
1981 insert--
"(9) The Secretary must dismiss or remove a
25 person who is employed under this section if
the person has, at any time, in Victoria or
elsewhere, been convicted or found guilty of
a sexual offence within the meaning of the
Victorian Institute of Teaching Act 2001,
30 unless exempted by the Secretary under
section 65B.".
9
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Education and Training Legislation (Miscellaneous
Amendments) Act 2002
s. 11
Act No.
(6) After section 9(9) of the Teaching Service Act
1981 insert--
"(10) If a person who is employed under this
section is refused registration under the
5 Victorian Institute of Teaching Act 2001
or has had his or her registration suspended
or cancelled under that Act, the Secretary
may suspend the person without pay for the
period that the person's registration is
10 refused, suspended or cancelled.
(11) Without limiting sub-section (8), the
Secretary may dismiss or remove a person
employed under this section if the person has
been refused registration under the Victorian
15 Institute of Teaching Act 2001 or has had
his or her registration suspended or cancelled
under that Act.
(12) If a person employed under this section--
(a) has been refused registration under the
20 Victorian Institute of Teaching Act
2001 or has had his or her registration
suspended or cancelled under that Act;
and
(b) remains unregistered for a continuous
25 period of 12 months--
the employment of that person ceases, by
virtue of this sub-section, at the end of that
period of 12 months.
(13) For the purposes of sub-section (12)(b), any
30 period during which a person remains
unregistered does not include any period
during which the person is on leave approved
by the Secretary.
(14) The Secretary must notify in writing a person
35 whose employment has ceased under sub-
section (12).".
10
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Education and Training Legislation (Miscellaneous
Amendments) Act 2002
s. 12
Act No.
12. Teaching Service Act--New Part IVA inserted
(1) After section 65 of the Teaching Service Act
1981 insert--
"PART IVA--DISMISSAL
5 65A. Dismissal of disqualified and unregistered
teachers
If an officer has, at any time, in Victoria or
elsewhere, been convicted or found guilty of
a sexual offence within the meaning of the
10 Victorian Institute of Teaching Act 2001,
the Secretary must dismiss the officer from
the teaching service unless exempted by the
Secretary under section 65B.
65B. Exemption from disqualification
15 (1) A person referred to in section 5(2A), 9(2A)
or (9) or 65A may apply to the Secretary for
an exemption from the operation of that
provision.
(2) The Secretary must notify the Victorian
20 Institute of Teaching of an application for
exemption.
(3) The applicant may make submissions to the
Secretary and, if a hearing is conducted, may
be present at the hearing and be represented
25 at the hearing.
(4) In considering an application the Secretary
may--
(a) conduct any enquiries the Secretary
thinks fit;
30 (b) require an applicant to provide any
further information that the Secretary
thinks fit in any manner required by the
Secretary;
11
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Education and Training Legislation (Miscellaneous
Amendments) Act 2002
s. 12
Act No.
(c) seek advice and information on the
application from any other person or
body or source as the Secretary thinks
fit.
5 (5) The Secretary must have regard to the
following matters when considering an
application--
(a) the age of the applicant at the time the
sexual offence was committed;
10 (b) the age of the complainant in relation to
the sexual offence at the time the
offence was committed;
(c) the period of time that has elapsed since
the offence was committed;
15 (d) the history of the applicant since the
offence was committed;
(e) the risk that the applicant is likely to
commit any further sexual offences;
(f) the likelihood that if the parents of any
20 child being taught by the applicant were
informed of the circumstances of the
offence they would retain the necessary
confidence and trust that the applicant
would have an appropriate teacher-
25 student relationship with their child.
(6) The Secretary may grant an exemption--
(a) for an unlimited period or for any
period that the Secretary thinks fit; and
(b) subject to any terms and conditions that
30 the Secretary thinks fit.".
(2) In the heading to Part IVA of the Teaching
Service Act 1981 after "DISMISSAL" insert
"AND SUSPENSION".
12
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Education and Training Legislation (Miscellaneous
Amendments) Act 2002
s. 12
Act No.
(3) After section 65B of the Teaching Service Act
1981 insert--
"65C. Suspension and dismissal of unregistered
teachers
5 (1) If an officer in the teaching service is refused
registration under the Victorian Institute of
Teaching Act 2001 or has had his or her
registration suspended or cancelled under
that Act, the Secretary may suspend the
10 officer without pay from duty in the teaching
service for the period that the officer's
registration is refused, suspended or
cancelled.
(2) A suspension under sub-section (1) continues
15 at the Secretary's discretion until--
(a) the officer is registered under the
Victorian Institute of Teaching Act
2001; or
(b) the officer is dismissed or removed
20 from the teaching service.
(3) If an officer in the teaching service--
(a) is refused registration under the
Victorian Institute of Teaching Act
2001 or has had his or her registration
25 under that Act suspended or cancelled;
and
(b) remains unregistered for a continuous
period of 12 months--
the employment of that person ceases, by
30 virtue of this sub-section, at the end of that
period of 12 months.
13
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Education and Training Legislation (Miscellaneous
Amendments) Act 2002
s. 13
Act No.
(4) For the purposes of sub-section (3)(b), any
period during which a person remains
unregistered does not include any period
during which the person is on leave approved
5 by the Secretary.
(5) The Secretary must notify in writing a person
whose employment has ceased under sub-
section (3).".
13. New sections 76 and 77 substituted
10 For sections 76 and 77 of the Teaching Service
Act 1981 substitute--
"76. Minister may delegate powers
The Minister by instrument may delegate
any of his or her powers or functions under
15 this Act to any person, except this power of
delegation and the power to make
regulations under section 78.
77. Secretary may delegate powers
The Secretary by instrument may delegate
20 any of his or her powers or functions under
this Act to any person, except this power of
delegation.".
14. Victorian Institute of Teaching Act--disqualified
teachers
25 See: (1) In section 25(3) of the Victorian Institute of
Act No.
Teaching Act 2001 after "school" insert--
96/2001
and
"unless--
amending
Act No.
(a) in the case of any teacher, exempted by the
23/2002.
LawToday:
Institute under section 51A; and
www.dms.
dpc.vic.
30 (b) in the case of a person teaching in a State
gov.au
school, is also exempted under section
15BAA of the Education Act 1958 or
section 65B of the Teaching Service Act
1981.".
14
541338B.I1-11/10/2002 BILL LA CIRCULATION 25-10-2004
Education and Training Legislation (Miscellaneous
Amendments) Act 2002
s. 15
Act No.
(2) For section 25(7) of the Victorian Institute of
Teaching Act 2001 substitute--
"(7) This section applies to any conviction or
finding of guilt of a sexual offence whether
5 occurring before, on or after the
commencement of this section.".
15. Victorian Institute of Teaching Act--new Division
inserted
After section 51 of the Victorian Institute of
10 Teaching Act 2001 insert--
"Division 6--Exemption from disqualification
51A. Exemption from disqualification
(1) A person referred to in section 25 may apply
to the Institute for an exemption from
15 disqualification under that section.
(2) The Institute must notify the Secretary of an
application for exemption.
(3) The Secretary and the applicant may make
submissions to the Institute and, if a hearing
20 is conducted, may be present at the hearing
and be represented at the hearing.
(4) In considering an application the Institute
may--
(a) conduct any enquiries it thinks fit;
25 (b) require an applicant to provide any
further information that the Institute
thinks fit in any manner required by the
Institute;
(c) seek advice and information on the
30 application from any other person or
body or source as it thinks fit.
15
541338B.I1-11/10/2002 BILL LA CIRCULATION 25-10-2004
Education and Training Legislation (Miscellaneous
Amendments) Act 2002
s. 16
Act No.
(5) The Institute must have regard to the
following matters when considering an
application--
(a) the age of the applicant at the time the
5 sexual offence was committed;
(b) the age of the complainant in relation to
the sexual offence at the time the
offence was committed;
(c) the period of time that has elapsed since
10 the offence was committed;
(d) the history of the applicant since the
offence was committed;
(e) the risk that the applicant is likely to
commit any further sexual offences;
15 (f) the likelihood that if the parents of any
child being taught by the applicant were
informed of the circumstances of the
offence they would retain the necessary
confidence and trust that the applicant
20 would have an appropriate teacher-
student relationship with their child.
(6) The Institute may grant an exemption--
(a) for an unlimited period or for any
period that it thinks fit; and
25 (b) subject to any terms and conditions that
it thinks fit.".
16. Review by VCAT
(1) In section 52(1) of the Victorian Institute of
Teaching Act 2001--
30 (a) in paragraph (c) for "a person's registration."
substitute "the person's registration; or";
16
541338B.I1-11/10/2002 BILL LA CIRCULATION 25-10-2004
Education and Training Legislation (Miscellaneous
Amendments) Act 2002
s. 17
Act No.
(b) after paragraph (c) insert--
"(d) a refusal to exempt the person under
section 51A from disqualification from
teaching.".
5 (2) After section 52(1) of the Victorian Institute of
Teaching Act 2001 insert--
"(1A) The Secretary may apply to the Victorian
Civil and Administrative Appeals Tribunal
for review of a determination by the Institute
10 to exempt a person under section 51A from
disqualification from teaching.".
17. Notification
After section 27(2) of the Victorian Institute of
Teaching Act 2001 insert--
15 "(2A) The employer of a registered teacher must
immediately notify the Institute if the
employer becomes aware that the teacher has
been charged with or committed for trial for
a sexual offence or convicted or found guilty
20 of a sexual offence.
(2B) The Chief Commissioner of Police must
immediately notify the Institute if the Chief
Commissioner becomes aware that a
registered teacher has been charged with or
25 committed for trial for a sexual offence or
convicted or found guilty of a sexual
offence.".
18. Further transitional
After section 91(7) of the Victorian Institute of
30 Teaching Act 2001 insert--
"(8) A person who was disqualified from
teaching under section 41A(3) of the
Education Act 1958 immediately before the
commencement of section 25 of this Act is
17
541338B.I1-11/10/2002 BILL LA CIRCULATION 25-10-2004
Education and Training Legislation (Miscellaneous
Amendments) Act 2002
s. 19
Act No.
deemed to be disqualified from teaching in a
school under section 25(3) of this Act.".
19. Victorian Qualifications Authority--payment of
members
5 See: In section 10 of the Victorian Qualifications
Act No.
Authority Act 2000, for sub-section (3)
97/2000
and substitute--
amending
Act No.
"(3) An appointed member, other than a person
34/2001.
who holds a full time government office or a
LawToday:
www.dms.
10 full time office in the public service,
dpc.vic.
teaching service or with a statutory authority
gov.au
and whose travelling expenses and personal
expenses are paid through that office, is
entitled to be paid--
15 (a) any remuneration that is specified in the
instrument of appointment or that is
fixed from time to time by the
Governor in Council; and
(b) allowances for travelling and personal
20 expenses at the rates and on the
conditions that are applicable to
officers of the public service.".
20. Victorian Qualifications Authority--delegations
After section 16(2) of the Victorian
25 Qualifications Authority Act 2000 insert--
'(3) The Authority, by instrument under its
common seal, may delegate any of the
following powers of the Authority to a
registered education and training
30 organisation--
(a) the power under section 21 to
investigate--
(i) a vocational education and
training course or a sequence of
35 vocational education and training;
18
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Education and Training Legislation (Miscellaneous
Amendments) Act 2002
s. 21
Act No.
(ii) a further education course, other
than a further education course
leading to the issue of a higher
education award;
5 (iii) any part of a course referred to in
sub-paragraph (i) or (ii)--
that the registered education and
training organisation provides or
proposes to provide to determine
10 whether it should be registered as
accredited or continue to be registered
as accredited;
(b) the power under section 23(1A) to
authorise the registered education and
15 training organisation to provide an
accredited course, other than a course
leading to the issue of a higher
education award;
(c) the power under section 23(2A) to
20 authorise the registered education and
training organisation to award or issue a
recognised qualification, other than a
higher education award.
(4) In this section "higher education award"
25 means a higher education award within the
meaning of the Tertiary Education Act
1993.'.
21. Victorian Qualifications Authority--register of
providers
30 In section 20(2) of the Victorian Qualifications
Authority Act 2000, for paragraph (b)
substitute--
"(b) the accredited course or courses that the
registered person or body is authorised to
35 provide; and
19
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Education and Training Legislation (Miscellaneous
Amendments) Act 2002
s. 22
Act No.
(c) the recognised qualification or qualifications
that the registered person or body is
authorised to award or issue; and
(d) any limitations or restrictions on the
5 registration.".
22. Victorian Qualifications Authority--registered
providers
(1) After section 23(1) of the Victorian
Qualifications Authority Act 2000 insert--
10 "(1A) A registered education and training
organisation that proposes to provide an
accredited course in addition to any other
course that the organisation is registered
under section 20 to provide may apply to the
15 Authority for authorisation to provide that
course.".
(2) After section 23(2) of the Victorian
Qualifications Authority Act 2000 insert--
"(2A) A registered education and training
20 organisation that proposes to award or issue
a recognised qualification in addition to any
other recognised qualification that the
organisation is registered under section 20 to
award or issue may apply to the Authority
25 for authorisation to award or issue that
recognised qualification.".
(3) In section 23(4) of the Victorian Qualifications
Authority Act 2000--
(a) after "person or body" insert "or authorise a
30 registered education and training
organisation to provide an accredited course
or award or issue a recognised qualification";
(b) after "person, body," insert "organisation,";
(c) in paragraph (n) for "section" substitute
35 "section;";
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s. 22
Act No.
(d) after paragraph (n) insert--
"(o) whether any person directly involved in
the management or operation of the
person or body is fit and proper to do so
5 for a registered education and training
organisation.".
(4) For section 23(7) of the Victorian Qualifications
Authority Act 2000 substitute--
"(7) The Authority may --
10 (a) suspend or cancel a registration; or
(b) suspend the registered education and
training organisation from providing
any specified accredited course or any
specified part of an accredited course;
15 or
(c) suspend the registered education and
training organisation from awarding or
issuing any specified recognised
qualification; or
20 (d) impose any term or condition on the
registration of the education and
training organisation.".
(5) In section 23(9) of the Victorian Qualifications
Authority Act 2000--
25 (a) for "registration--" substitute "registration;
or";
(b) after paragraph (b) insert--
"(c) to suspend the registered education and
training organisation from providing a
30 specified accredited course or a
specified part of an accredited course;
or
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Education and Training Legislation (Miscellaneous
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Act No.
(d) to suspend the registered education and
training organisation from awarding or
issuing any specified recognised
qualification; or
5 (e) to impose any term or condition on the
registration of the education and
training organisation--".
23. Ministerial directions--higher education
See: After section 6(1) of the Vocational Education
Act No.
10 and Training Act 1990 insert--
45/1990.
Reprint No. 4
"(1A) The Minister may give written directions to
as at
10 May 2001
the council of a TAFE College relating to--
and
amending
(a) offering and conducting courses of
Act Nos
study leading to the conferral of higher
44/2001 and
11/2002.
15 education awards within the meaning of
LawToday:
the Tertiary Education Act 1993; or
www.dms.
dpc.vic.
gov.au (b) the conferral of those higher education
awards.".
24. TAFE Colleges--higher education
20 In section 25(1) of the Vocational Education and
Training Act 1990 after paragraph (ba) insert--
"(bb) offer and conduct a course of study leading
to the conferral of a higher education award
within the meaning of the Tertiary
25 Education Act 1993 in accordance with that
Act;
(bc) confer a higher education award within the
meaning of the Tertiary Education Act
1993 in accordance with that Act;".
30 25. Statute law revision
(1) In section 3(1) of the Education Act 1958, in the
definition of "Secretary" after "Education" insert
"and Training".
22
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Amendments) Act 2002
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Act No.
(2) In section 2(1) of the Teaching Service Act 1981,
in the definition of "Secretary" after "Education"
insert "and Training".
(3) In section 6(3)(h) of the Tertiary Education Act
5 1993, for "students compliance" substitute
"student's compliance".
(4) In section 3 of the Victorian Institute of
Teaching Act 2001, in the definition of
"Secretary" omit ", Employment".
10 (5) In section 3 of the Victorian Qualifications
Authority Act 2000, in the definition of
"Department" omit ", Employment".
(6) In section 86 of the Vocational Education and
Training Act 1990, for the definition of "TAFE
15 provider" substitute--
' "TAFE provider" means a body registered
under section 23 of the Victorian
Qualifications Authority Act 2000;'.
23
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
24
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