Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Education and Training Reform Amendment Bill
2008
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Principal Act 2
4 Definitions 2
5 Functions of Victorian Curriculum and Assessment Authority 3
6 Decision on report 4
7 New section 2.5.21A inserted 5
2.5.21A Review of reprimand by nominated appeals committee
member 5
8 Minister to nominate member of appeals committee 7
9 Functions of Victorian Registration and Qualifications Authority 7
10 Delegation of Secretary's powers 7
11 New Part 5.3A inserted 7
PART 5.3A--VICTORIAN STUDENT NUMBERS AND
STUDENT REGISTER 7
Division 1--Introductory 7
5.3A.1 Definitions 7
5.3A.2 Application of Part 8
Division 2--Victorian student numbers and the Student
Register 8
5.3A.3 Requirements for allocation or verification of
Victorian student numbers 8
5.3A.4 Information to be provided to Secretary 9
5.3A.5 Secretary must allocate or verify Victorian student
number 10
5.3A.6 Secretary to notify provider or Authority of Victorian
student number 10
5.3A.7 Secretary must establish Student Register 10
5.3A.8 Secretary to maintain Student Register 11
561261B.I-12/3/2008 i BILL LA INTRODUCTION 12/3/2008
Clause Page
Division 3--Access, use or disclosure of Victorian student
numbers and related information 11
5.3A.9 Authorisations for use of Victorian student numbers
or related information 11
5.3A.10 Authorised users must only act in accordance with
authorisation 13
5.3A.11 Student, parent or guardian may access Student
Register information 13
5.3A.12 Secretary to provide copy of information to students,
parents or guardians 14
5.3A.13 Student may use or disclose his or her Victorian
student number 14
5.3A.14 Prohibition on Secretary's use or disclosure 14
5.3A.15 False representation 15
Division 4--Implementation of allocation of Victorian
student numbers 15
5.3A.16 Definition 15
5.3A.17 Secretary to allocate current students with Victorian
student numbers 15
5.3A.18 Secretary may request information relating to
students 16
12 Regulations 17
8A Victorian student numbers 17
13 Repeal of spent provisions 17
14 Correction of numbering 18
15 New section 6.1.8 inserted 18
6.1.8 Transitional provision--overseas exchange students 18
16 Amendment to Swinburne University of Technology
Act 1992 19
17 Amendment to Victoria University of Technology Act 1990 19
18 Amendment to Working with Children Act 2005 19
19 Repeal of amending Act 20
ENDNOTES 21
561261B.I-12/3/2008 ii BILL LA INTRODUCTION 12/3/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Education and Training Reform
Amendment Bill 2008
A Bill for an Act to amend the Education and Training Reform Act
2006 and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The main purpose of this Act is to amend the
Education and Training Reform Act 2006--
(a) to provide for students to be allocated with
5 Victorian student numbers; and
(b) to establish and provide for the maintenance
of a Student Register; and
(c) to enable the chief executive officer of the
Victorian Curriculum and Assessment
10 Authority to issue reprimands to students in
relation to minor breaches of examination
rules; and
561261B.I-12/3/2008 1 BILL LA INTRODUCTION 12/3/2008
Education and Training Reform Amendment Bill 2008
s. 2
(d) to make changes to the functions of the
Victorian Curriculum and Assessment
Authority relating to early childhood and
testing of students; and
5 (e) to make other amendments to improve the
operation of the Education and Training
Reform Act 2006.
2 Commencement
(1) Sections 1, 2, 3 and 13 to 18 come into operation
10 on the day after the day on which this Act receives
the Royal Assent.
(2) Subject to subsection (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
15 (3) If a provision of this Act does not come into
operation before 1 January 2009, it comes into
operation on that day.
3 Principal Act
See: In this Act, the Education and Training Reform
Act No.
20 24/2006 Act 2006 is called the Principal Act.
and
amending
Act Nos
80/2006,
28/2007 and
58/2007.
LawToday:
www.
legislation.
vic.gov.au
4 Definitions
In section 1.1.3(1) of the Principal Act insert the
following definitions--
"early childhood means the period of childhood
25 up to 6 years of age;
Student Register means the Student Register
established under Part 5.3A;
561261B.I-12/3/2008 2 BILL LA INTRODUCTION 12/3/2008
Education and Training Reform Amendment Bill 2008
s. 5
Victorian student number means the number
allocated to a student by the Secretary under
Part 5.3A;".
5 Functions of Victorian Curriculum and Assessment
5 Authority
(1) After section 2.5.3(2)(a) of the Principal Act
insert--
"(ab) develop policies, criteria and standards for
learning, development and assessments,
10 which relate to early childhood;".
(2) After section 2.5.3(2)(i) of the Principal Act
insert--
"(ia) conduct assessments against national
standards for measuring and reporting on
15 student performance;
(ib) develop and maintain standards for
measuring and reporting on early childhood
learning and development;
(ic) arrange for other persons, bodies or agencies
20 to conduct assessments against the standards
for measuring and reporting on early
childhood learning and development;".
(3) For section 2.5.3(2)(p) of the Principal Act
substitute--
25 "(p) make available to the general public
information collected by the Authority on--
(i) results of schooling as measured by
assessments of student performance;
and
30 (ii) early childhood learning and
development; and
(iii) other statistical information relating to
the Authority's functions;".
561261B.I-12/3/2008 3 BILL LA INTRODUCTION 12/3/2008
Education and Training Reform Amendment Bill 2008
s. 6
(4) In section 2.5.3(2)(t) of the Principal Act, after
"performance" insert "as measured by
assessments conducted against standards
(including national standards)".
5 (5) After section 2.5.3(2)(t) of the Principal Act
insert--
"(ta) with the approval of the Minister, report on
student performance as measured by
assessments conducted against national
10 standards to a body or person approved by
the Minister;
(tb) report on the results of assessments relating
to early childhood learning and development
to the Minister, the Secretary and relevant
15 bodies;".
(6) After section 2.5.3(4) of the Principal Act
insert--
"(5) Any information made available to the
general public by the Authority in carrying
20 out its function under subsection (2)(p) must
not include any personal information relating
to any individual student or child.".
6 Decision on report
(1) For the heading to section 2.5.13 of the Principal
25 Act substitute--
"Decision on report".
(2) For section 2.5.13(1) of the Principal Act
substitute--
"(1) The chief executive officer of the Authority,
30 after considering a report submitted in
accordance with section 2.5.12(6), may--
(a) if the report relates to a student's
suspected contravention of the
examination rules of the Authority,
561261B.I-12/3/2008 4 BILL LA INTRODUCTION 12/3/2008
Education and Training Reform Amendment Bill 2008
s. 7
which the chief executive officer
considers to be of a minor nature, issue
a written reprimand to the student; or
(b) make a request to the Authority that a
5 review committee conduct a hearing
into the matter under investigation.
(1A) If the chief executive officer of the Authority
issues a written reprimand under subsection
(1)(a), the chief executive officer must also
10 provide in writing to the student his or her
reasons for issuing the reprimand.".
7 New section 2.5.21A inserted
After section 2.5.21 of the Principal Act insert--
"2.5.21A Review of reprimand by nominated
15 appeals committee member
(1) A student affected by a decision of the chief
executive officer of the Authority under
section 2.5.13(1)(a), may apply for review,
by the nominated member, of the decision on
20 one or both of the following grounds--
(a) the decision to issue the reprimand was
unreasonable;
(b) the decision to issue the reprimand was
too harsh.
25 (2) An application under subsection (1) must be
made by notice in writing to the chief
executive officer of the Authority not later
than 10 days after the day on which the
affected student received the reprimand.
30 (3) The chief executive officer of the Authority
must refer an application under subsection
(1) to the nominated member for
determination.
561261B.I-12/3/2008 5 BILL LA INTRODUCTION 12/3/2008
Education and Training Reform Amendment Bill 2008
s. 7
(4) A student may make a written submission to
the nominated member but is not entitled to
be heard in support of the written submission
or to appear before the nominated member.
5 (5) The nominated member must review the
decision made by the chief executive officer
of the Authority having regard to--
(a) all the documents before the chief
executive officer of the Authority; and
10 (b) the written decision of the chief
executive officer of the Authority; and
(c) any written submission made by the
student.
(6) In determining an application for review of a
15 decision made by the chief executive officer
of the Authority under section 2.5.13(1)(a),
the nominated member may--
(a) affirm the decision to issue the
reprimand; or
20 (b) set aside the decision to issue the
reprimand.
(7) The nominated member must notify the
Authority without delay of his or her
determination of an application for review
25 under this section.
(8) The Minister may, by Order published in the
Government Gazette, fix rules with respect
to the procedure to be followed on
applications for review under this section.
30 (9) In this section nominated member means the
member of an appeals committee nominated
by the Minister under section 2.5.23(7).".
561261B.I-12/3/2008 6 BILL LA INTRODUCTION 12/3/2008
Education and Training Reform Amendment Bill 2008
s. 8
8 Minister to nominate member of appeals committee
After section 2.5.23(6) of the Principal Act
insert--
"(7) The Minister must nominate a member of an
5 appeals committee for the purposes of
section 2.5.21A.
(8) The Minister must ensure that there is a
member of an appeals committee nominated
under subsection (7) at all times.".
10 9 Functions of Victorian Registration and
Qualifications Authority
For section 4.2.2(1)(o) of the Principal Act
substitute--
"(o) perform any other function conferred on or
15 delegated to the Authority by or under this or
any other Act.".
10 Delegation of Secretary's powers
In section 5.3.3(1) of the Principal Act, after
"person" insert "(including a statutory authority
20 established or continued under this Act)".
11 New Part 5.3A inserted
After Part 5.3 of the Principal Act insert--
"PART 5.3A--VICTORIAN STUDENT
NUMBERS AND STUDENT REGISTER
25 Division 1--Introductory
5.3A.1 Definitions
In this Part--
authorised user means a person or body or
class of person or body authorised
30 under section 5.3A.9;
561261B.I-12/3/2008 7 BILL LA INTRODUCTION 12/3/2008
Education and Training Reform Amendment Bill 2008
s. 11
disclose in relation to related information
includes divulge or communicate to any
person or body;
education or training provider means a
5 person, body or school registered by the
Authority under Division 1 or
Division 3 of Part 4.3 but does not
include a university, except the TAFE
Division of a university;
10 related information means, in respect of a
Victorian student number, the
information contained in the Student
Register relating to the student
allocated with that number;
15 student includes a child.
5.3A.2 Application of Part
This Part applies to students of less than
25 years of age.
Division 2--Victorian student numbers and the
20 Student Register
5.3A.3 Requirements for allocation or
verification of Victorian student numbers
(1) An education or training provider must, at
the time of enrolling a student in a course or
25 program of study or training, apply to the
Secretary--
(a) to allocate a Victorian student number
to the student; or
(b) if a Victorian student number has
30 previously been allocated to the
student, to verify that number.
561261B.I-12/3/2008 8 BILL LA INTRODUCTION 12/3/2008
Education and Training Reform Amendment Bill 2008
s. 11
(2) The Authority must, at the time of
registering a student for home schooling,
apply to the Secretary--
(a) to allocate a Victorian student number
5 to the student; or
(b) if a Victorian student number has
previously been allocated to the
student, to verify that number.
5.3A.4 Information to be provided to Secretary
10 (1) An education or training provider or the
Authority must--
(a) provide to the Secretary, with an
application under section 5.3A.3(1)(a)
or 5.3A.3(2)(a), the information set out
15 in paragraphs (b) to (e) and (g) of
section 5.3A.7; and
(b) provide to the Secretary, with an
application under section 5.3A.3(1)(b)
or 5.3A.3(2)(b), the information set out
20 in paragraphs (a) to (e) and (g) of
section 5.3A.7.
(2) The relevant education or training provider
or the Authority must notify the Secretary of
any changes to the information provided
25 under this section, including any cancellation
of enrolment or registration for home
schooling of the student, as soon as possible
after the change.
561261B.I-12/3/2008 9 BILL LA INTRODUCTION 12/3/2008
Education and Training Reform Amendment Bill 2008
s. 11
5.3A.5 Secretary must allocate or verify
Victorian student number
(1) The Secretary must allocate a Victorian
student number to a student--
5 (a) on receiving an application from an
education or training provider under
section 5.3A.3(1)(a) relating to the
enrolment of the student; or
(b) on receiving an application from the
10 Authority under section 5.3A.3(2)(a)
relating to the registration of the student
for home schooling.
(2) Subsection (1) does not apply if the
Secretary has previously allocated a
15 Victorian student number to the student.
(3) The Secretary must verify the Victorian
student number previously allocated to a
student on receiving an application from an
education or training provider under section
20 5.3A.3(1)(b) or from the Authority under
section 5.3A.3(2)(b) in relation to the
student.
5.3A.6 Secretary to notify provider or Authority
of Victorian student number
25 The Secretary must notify the relevant
education or training provider or the
Authority (as the case requires) of the
Victorian student number allocated to a
student under section 5.3A.5(1).
30 5.3A.7 Secretary must establish Student Register
The Secretary must establish and maintain a
Student Register containing the following
information received by the Secretary under
this Part relating to any student allocated
35 with a Victorian student number--
561261B.I-12/3/2008 10 BILL LA INTRODUCTION 12/3/2008
Education and Training Reform Amendment Bill 2008
s. 11
(a) the student's Victorian student number;
(b) the student's full name;
(c) the student's date of birth;
(d) the gender of the student;
5 (e) the date of enrolment of the student by
an education or training provider or
registration of the student for home
schooling (as the case requires);
(f) the date of cancellation of enrolment of
10 the student by an education or training
provider or cancellation of registration
of the student for home schooling
(as the case requires).
5.3A.8 Secretary to maintain Student Register
15 The Secretary must ensure that any
information recorded in the Student Register
that relates to a student is corrected if the
Secretary is informed of any change to that
information under section 5.3A.4(2).
20 Division 3--Access, use or disclosure of
Victorian student numbers and related
information
5.3A.9 Authorisations for use of Victorian
student numbers or related information
25 (1) The Secretary may authorise any of the
following persons, bodies or classes of
person or body to access, use or disclose one
or more Victorian student numbers or related
information--
30 (a) the Victorian Curriculum and
Assessment Authority;
(b) the Victorian Registration and
Qualifications Authority;
561261B.I-12/3/2008 11 BILL LA INTRODUCTION 12/3/2008
Education and Training Reform Amendment Bill 2008
s. 11
(c) any education or training provider;
(d) any person employed under Part 3 of
the Public Administration Act 2004 in
the Department whose duties include
5 the analysis and evaluation of
information relating to students.
(2) An authorisation under subsection (1) may
authorise the access, use or disclosure of one
or more Victorian student numbers or related
10 information for any or all of the following
purposes--
(a) monitoring and ensuring student
enrolment and attendance;
(b) ensuring education or training providers
15 and students receive appropriate
resources;
(c) statistical purposes relating to education
or training;
(d) research purposes relating to education
20 or training;
(e) ensuring students' educational records
are accurately maintained.
(3) The Secretary must publish notice of an
authorisation under subsection (1) in the
25 Government Gazette.
(4) An authorisation under subsection (1)--
(a) takes effect on the date that the notice is
published in the Government Gazette or
a later date specified in the notice; and
30 (b) may be subject to conditions.
(5) An authorisation under subsection (1) must
not authorise the disclosure of personal
information that relates to an individual
student.
561261B.I-12/3/2008 12 BILL LA INTRODUCTION 12/3/2008
Education and Training Reform Amendment Bill 2008
s. 11
5.3A.10 Authorised users must only act in
accordance with authorisation
(1) An authorised user must not access, use or
disclose the Victorian student number
5 allocated to a student or any related
information otherwise than in accordance
with an authorisation under section 5.3A.9.
(2) An authorised user, other than a statutory
authority, who fails to comply with
10 subsection (1) is guilty of an offence and
liable to a penalty not exceeding 30 penalty
units.
5.3A.11 Student, parent or guardian may access
Student Register information
15 (1) A student or a student's parent or guardian
may apply to the Secretary for a copy of the
information recorded in the Student Register
relating to that student.
(2) An application under subsection (1) must--
20 (a) be in the manner and form approved by
the Secretary; and
(b) be accompanied by--
(i) evidence of the applicant's identity
to the satisfaction of the Secretary;
25 and
(ii) in the case of a parent or guardian,
evidence of the applicant's
relationship to the student to the
satisfaction of the Secretary.
561261B.I-12/3/2008 13 BILL LA INTRODUCTION 12/3/2008
Education and Training Reform Amendment Bill 2008
s. 11
5.3A.12 Secretary to provide copy of information
to students, parents or guardians
(1) If a student or the student's parent or
guardian applies for a copy of the
5 information recorded in the Student Register
relating to the student in accordance with
section 5.3A.11, the Secretary must provide
a copy of that information to the student,
parent or guardian.
10 (2) Subsection (1) does not apply to the
provision of information to a parent or
guardian if an order of a court or tribunal
prevents or restricts access by the parent or
guardian to that student.
15 5.3A.13 Student may use or disclose his or her
Victorian student number
Despite anything to the contrary in this Part,
a student may use or disclose the Victorian
student number allocated to him or her for
20 any lawful purpose.
5.3A.14 Prohibition on Secretary's use or
disclosure
The Secretary must not use, or disclose to
any person or body, the Victorian student
25 number allocated to a student or any related
information except--
(a) to an authorised user in accordance
with the authorisation of that authorised
user; or
30 (b) to the student, or parent or guardian of
that student under section 5.3A.12; or
(c) in the exercise of any other function,
power or duty under this Part.
561261B.I-12/3/2008 14 BILL LA INTRODUCTION 12/3/2008
Education and Training Reform Amendment Bill 2008
s. 11
5.3A.15 False representation
A person must not wilfully make or cause to
be made any false or misleading statement,
or provide any false or misleading
5 information, in any matter relating to--
(a) the allocation of a Victorian student
number; or
(b) registration on, or access to, the Student
Register.
10 Penalty: 10 penalty units.
Division 4--Implementation of allocation of
Victorian student numbers
5.3A.16 Definition
In this Division, commencement date means
15 the day that section 11 of the Education and
Training Reform Amendment Act 2008
comes into operation.
5.3A.17 Secretary to allocate current students with
Victorian student numbers
20 (1) The Secretary must allocate the following
students with a Victorian student number as
soon as is practicable--
(a) any student who, immediately before
the commencement date, was enrolled
25 with an education or training provider
and is still enrolled with that provider;
(b) any student who, immediately before
the commencement date, was registered
for home schooling by the Authority
30 and is still registered for home
schooling.
561261B.I-12/3/2008 15 BILL LA INTRODUCTION 12/3/2008
Education and Training Reform Amendment Bill 2008
s. 11
(2) On allocating a Victorian student number
under subsection (1), the Secretary must
notify the relevant education or training
provider or the Authority (as the case
5 requires) of the Victorian student number
allocated to the student.
(3) Subsection (1) does not apply if--
(a) the Secretary has previously allocated
the student with a Victorian student
10 number under section 5.3A.5(1); or
(b) the student--
(i) is no longer enrolled with any
education or training provider; or
(ii) has ceased to be registered for
15 home schooling.
5.3A.18 Secretary may request information
relating to students
(1) For the purposes of section 5.3A.17, the
Secretary may request--
20 (a) an education or training provider to
provide the information set out in
paragraphs (b) to (e) and (g) of section
5.3A.7 relating to any student who--
(i) was enrolled with the provider
25 immediately before the
commencement date; and
(ii) is still enrolled with that provider
at the date of the request; or
(b) the Authority to provide the
30 information set out in paragraphs (b)
to (e) and (g) of section 5.3A.7 relating
to any student who--
561261B.I-12/3/2008 16 BILL LA INTRODUCTION 12/3/2008
Education and Training Reform Amendment Bill 2008
s. 12
(i) was registered for home schooling
immediately before the
commencement date; and
(ii) is still registered for home
5 schooling at the date of the
request.
(2) An education or training provider or the
Authority must comply with any request
under subsection (1) as soon as is
10 practicable.
5.3A.19 Appointed days for application of section
5.3A.3 to providers
(1) Despite section 5.3A.3, that section does not
apply to a specific class of education or
15 training provider until a day appointed by the
Minister under this section.
(2) The Minister may, by Order published in the
Government Gazette, appoint a day (being
a day not later than 31 December 2010) for
20 the application of section 5.3A.3 to a class
of education or training provider specified
in that Order.".
12 Regulations
After clause 8 of Schedule 5 to the Principal Act
25 insert--
"8A Victorian student numbers
The procedures and requirements relating to
the allocation of Victorian student numbers
to students, including students that are home
30 schooled.".
13 Repeal of spent provisions
Sections 6.1.1 and 6.1.2 of, and Schedule 7 to, the
Principal Act are repealed.
561261B.I-12/3/2008 17 BILL LA INTRODUCTION 12/3/2008
Education and Training Reform Amendment Bill 2008
s. 14
14 Correction of numbering
The Principal Act is amended as follows--
(a) in section 4.5.4A, for "4.5.4A" substitute
"4.5A.1";
5 (b) in section 4.5.4B--
(i) for "4.5.4B" substitute "4.5A.2";
(ii) for "4.5.4A" substitute "4.5A.1";
(c) in section 4.5.4C, for "4.5.4C" substitute
"4.5A.3";
10 (d) in section 4.5.4D--
(i) for "4.5.4D" substitute "4.5A.4";
(ii) in subsection (1), for "4.5.4A"
substitute "4.5A.1;
(iii) in subsection (3), for "4.5.4A, 4.5.4B
15 and 4.5.4F" substitute "4.5A.1, 4.5A.2
and 4.5A.6;
(e) in section 4.5.4E, for "4.5.4E" substitute
"4.5A.5";
(f) in section 4.5.4F--
20 (i) for "4.5.4F" substitute "4.5A.6";
(ii) for "4.5.4B" substitute "4.5A.2";
(g) in section 5.8.3(3)(l), for "4.5.4A" substitute
"4.5A.1".
15 New section 6.1.8 inserted
25 After section 6.1.7 of the Principal Act insert--
"6.1.8 Transitional provision--overseas
exchange students
Anything done before the commencement of
section 14 of the Education and Training
30 Reform Amendment Act 2008 under a
provision of Part 4.5A that is renumbered by
561261B.I-12/3/2008 18 BILL LA INTRODUCTION 12/3/2008
Education and Training Reform Amendment Bill 2008
s. 16
that section 14, is taken in respect of any
period after that commencement to have
been done under that provision as
renumbered by that section 14.".
5 16 Amendment to Swinburne University of Technology See:
Act No.
Act 1992 44/1992.
Reprint No. 4
In section 25(4)(d) of the Swinburne University as at
1 August 2003
of Technology Act 1992, for "section section" and
substitute "section". amending
Act Nos
40/2005 and
24/2006.
LawToday:
www.
legislation.
vic.gov.au
10 17 Amendment to Victoria University of Technology See:
Act No.
Act 1990 21/1990.
Reprint No. 3
In section 25(4)(d) of the Victoria University of as at
1 August 2003
Technology Act 1990, for "section section" and
substitute "section". amending
Act Nos
40/2005 and
24/2006.
LawToday:
www.
legislation.
vic.gov.au
15 18 Amendment to Working with Children Act 2005 See:
Act No.
57/2005.
In section 30(1) of the Working with Children Reprint No. 1
Act 2005 for "Victorian Institute of Teaching as at
1 December
Act 2001" substitute "Education and Training 2006
Reform Act 2006". and
amending
Act Nos
24/2006,
48/2006 and
56/2007.
LawToday:
www.
legislation.
vic.gov.au
561261B.I-12/3/2008 19 BILL LA INTRODUCTION 12/3/2008
Education and Training Reform Amendment Bill 2008
s. 19
19 Repeal of amending Act
This Act is repealed on 1 January 2010.
Note
The repeal of this Act does not affect the continuing operation of
5 the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561261B.I-12/3/2008 20 BILL LA INTRODUCTION 12/3/2008
Education and Training Reform Amendment Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561261B.I-12/3/2008 21 BILL LA INTRODUCTION 12/3/2008
[Index] [Search] [Download] [Related Items] [Help]