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PARLIAMENT OF VICTORIA
Education and Training Reform Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
CHAPTER 1--GENERAL 1
PART 1.1--PRELIMINARY 1
1.1.1 Purpose 1
1.1.2 Commencement 3
1.1.3 Definitions 3
1.1.4 Binding of Crown 10
1.1.5 Extra-territorial operation of this Act 11
PART 1.2--PRINCIPLES 12
1.2.1 Principles underlying the enactment of this Act 12
1.2.2 Principles underlying the Government education and
training system 13
1.2.3 Principles not to give rise to civil cause of action 14
CHAPTER 2--SCHOOL EDUCATION 15
PART 2.1--COMPULSORY EDUCATION 15
Division 1--Attendance at School 15
2.1.1 Attendance at school 15
2.1.2 Offence for parent to fail to comply with duty 15
2.1.3 What is a reasonable excuse? 15
2.1.4 Parent to notify school of absence 16
2.1.5 Exemption from attendance at school 17
2.1.6 Obligations of parents 17
Division 2--Enforcement of Attendance 17
2.1.7 Appointment of school attendance officers 17
2.1.8 Identity card 17
2.1.9 Production of identity card 17
2.1.10 Powers of school attendance officers 18
2.1.11 Offence to hinder or obstruct school attendance officer 18
2.1.12 Power to bring proceedings 18
2.1.13 Certificate to be evidence as to attendance of child 18
2.1.14 Onus of proof 18
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PART 2.2--GOVERNMENT SCHOOLS 19
Division 1--Establishment of Government Schools 19
2.2.1 Establishment of Government schools and educational
services 19
2.2.2 Discontinuation of Government schools--limitation of
judicial review 19
2.2.3 Limitation on occupier's liability for discontinued
Government schools 20
Division 2--Instruction in Government Schools 21
2.2.4 Instruction in specified learning areas to be free to students
under 20 21
2.2.5 Students over 20 may be charged fees 21
2.2.6 Parent not required to contribute to cost of additional support 22
2.2.7 Voluntary financial contributions 22
2.2.8 Overseas students to be required to pay fees 23
2.2.9 Overseas students fees Order 23
2.2.10 Education in Government schools to be secular 24
2.2.11 Special religious instruction 24
2.2.12 Ceremony in relation to being Australian citizens 25
Division 3--Admission to Government Schools 26
2.2.13 Admission to designated neighbourhood Government school 26
2.2.14 Admission to other Government school 26
2.2.15 Refusal of admission generally 27
2.2.16 Minister may approve admission criteria 27
2.2.17 Refusal of admission for safety reasons 27
2.2.18 Age requirements for enrolment at Government schools 28
Division 4--Discipline of Students 28
2.2.19 Discipline of students 28
Division 5--Assistance for Students with Special Needs 29
2.2.20 Assistance for students with special needs 29
PART 2.3--GOVERNMENT SCHOOL COUNCILS 30
Division 1--Definitions 30
2.3.1 Definitions 30
Division 2--Constitution of School Councils 30
2.3.2 Minister may constitute school council by Order 30
2.3.3 Minister entitled to act if no school council 34
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Division 3--Objectives, Functions and Powers of School Councils 34
2.3.4 Objectives of a school council 34
2.3.5 Functions of a school council 34
2.3.6 Powers of a school council 36
2.3.7 Accountability 37
Division 4--Employment of Staff 38
2.3.8 Employment or engagement of teachers and other staff in
schools 38
2.3.9 Eligibility of person to be employed as a teacher 39
2.3.10 Dismissal, suspension and termination of employment 39
Division 5--Further Powers of School Councils 40
2.3.11 Use of school buildings and grounds for activities 40
2.3.12 School council may carry out works 41
2.3.13 Public bodies authorised to perform works for school
council 43
2.3.14 School council may form sub-committee 43
2.3.15 School council may delegate powers, duties or functions 43
2.3.16 School council may form committees to manage joint
facilities 44
2.3.17 School council may delegate powers, duties or functions
to members of committee 44
2.3.18 School council may sell property 44
Division 6--Preschool Programs 45
2.3.19 Application of Division 45
2.3.20 School councils may provide for preschool programs 45
2.3.21 Council may grant lease or licence over preschool land 46
2.3.22 Fees for preschool programs 46
2.3.23 Application of, and accounting for, money received 47
Division 7--Reporting and Accountability Requirements 47
2.3.24 School plan 47
2.3.25 Status of school plan 48
2.3.26 Termination of school plan 48
2.3.27 School council to prepare annual report 48
2.3.28 Powers of Auditor-General regarding council accounts 49
2.3.29 Use of funds by school council 49
2.3.30 Annual reports 50
Division 8--General 50
2.3.31 Limitation on commencement of legal proceedings 50
2.3.32 Indemnity for school council members 51
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PART 2.4--GOVERNMENT TEACHING SERVICE 52
Division 1--Preliminary 52
2.4.1 Definitions 52
Division 2--Employment in teaching service 53
2.4.2 Application of Federal awards and agreements 53
2.4.3 Employment of teachers, principals and other staff 53
2.4.4 Filling of vacant positions 55
2.4.5 Public notices 55
2.4.6 Secretary to consider recommendation of school council 56
2.4.7 Eligibility for employment 56
2.4.8 Employment to be on probation 57
2.4.9 Term of employment 57
2.4.10 Reclassification of a position 58
2.4.11 Progression of salary or wages 58
Division 3--The Principal Class 59
2.4.12 Definitions 59
2.4.13 Classification of positions in the Principal Class 60
2.4.14 Contract of employment 60
2.4.15 Matters regulated by a contract of employment 61
2.4.16 Monetary remuneration and employment benefits 62
2.4.17 Travelling and subsistence allowances etc. 64
2.4.18 Performance review of a member of the Principal Class 64
2.4.19 Termination of a contract of employment 65
2.4.20 Vacancy of Principal Class position 67
2.4.21 Contracts prevail in certain circumstances 67
2.4.22 Certain legal proceedings excluded 68
2.4.23 Division 5 of Part 3 of Public Administration Act 2004
not to apply 68
Division 4--Leave and Other Entitlements 68
2.4.24 Leave of absence and pay in lieu 68
2.4.25 Long service leave 69
2.4.26 Payment instead of long service leave 72
2.4.27 Work of a higher or lower class or grade 72
2.4.28 Gratuity 73
2.4.29 Rent charged to employees 73
2.4.30 Restriction on employees doing other work 73
2.4.31 Saving of rights of persons holding Government office 74
2.4.32 Retirement through ill-health--long service leave 75
2.4.33 Retirement 75
2.4.34 Absence from duty 75
2.4.35 Fines to be stopped from salary 75
2.4.36 No claim for compensation 76
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Division 5--Transfers Between Teaching Service and Public Service 76
2.4.37 Transfer etc. from teaching service to public service 76
2.4.38 Transfer etc. from public service to teaching service 76
2.4.39 Rights in the public service preserved 76
2.4.40 Rights under this Act preserved 77
Division 6--Transfers and Promotions within the Teaching Service 77
2.4.41 Transfer or promotion of an on-going employee 77
2.4.42 Term of employment 79
2.4.43 Employment of members of the Principal Class 79
Division 7--Appeals 79
2.4.44 Merit Protection Boards 79
2.4.45 Membership of Boards 80
2.4.46 Terms and conditions of appointment 81
2.4.47 Acting appointments 81
2.4.48 Allocation of work amongst the Boards 81
2.4.49 Oath of office 82
2.4.50 Decisions of Board 82
2.4.51 Reviews 82
2.4.52 Determination of Board 83
2.4.53 Review of Secretary's decision not to appoint 84
2.4.54 Review of appointment of principal 85
2.4.55 Relevant criteria 86
Division 8--Termination due to incapacity 87
2.4.56 Termination due to physical or mental incapacity 87
2.4.57 Appeal to Merit Protection Board 89
Division 9--Dismissal and Suspension 90
2.4.58 Dismissal of disqualified and unregistered teachers 90
2.4.59 Suspension and dismissal of unregistered teachers 90
Division 10--Misconduct and Inefficiency 92
2.4.60 Grounds for action 92
2.4.61 Action against employee 93
2.4.62 Procedures for investigation and determination of
allegations 93
2.4.63 Quashing etc. of conviction or finding of guilt 94
2.4.64 Suspension from duty 94
2.4.65 Investigation 96
2.4.66 Employee may make submissions 96
2.4.67 Secretary need not hold oral hearing 97
2.4.68 Appeal 98
2.4.69 Re-instatement or payment instead 98
2.4.70 Address for service 99
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Division 11--Disciplinary Appeals Boards 99
2.4.71 Senior chairperson 99
2.4.72 Establishment of Disciplinary Appeals Boards 99
2.4.73 Membership of Boards 100
2.4.74 Terms and conditions of appointment of members 100
2.4.75 Resignation and removal from office 101
2.4.76 Allocation of work 101
2.4.77 Oath of office 101
2.4.78 Member unable to perform duties 101
2.4.79 Decisions of Board 102
2.4.80 Conduct of proceedings 102
Division 12--General 102
2.4.81 Medical examination 102
2.4.82 Immunity 103
2.4.83 Publication requirements 103
PART 2.5--VICTORIAN CURRICULUM AND ASSESSMENT
AUTHORITY 104
Division 1--Preliminary 104
2.5.1 Definitions 104
Division 2--Victorian Curriculum and Assessment Authority 105
2.5.2 Establishment of Authority 105
2.5.3 Functions of Authority 106
2.5.4 Cancellation or alteration of statements 109
2.5.5 Powers of Authority 110
2.5.6 Membership of Authority 111
2.5.7 Establishment of committees 112
2.5.8 Schedule 2 113
2.5.9 Delegation of Authority's power 113
2.5.10 Victorian Curriculum and Assessment Authority Fund 114
Division 3--Assessments and Assessment Reviews 114
2.5.11 Special provision in assessments 114
2.5.12 Authority may investigate certain matters 116
2.5.13 Decision to proceed to hearing 117
2.5.14 Assessment may be withheld pending decision 117
2.5.15 Notice of hearing 118
2.5.16 Procedure of review committee 118
2.5.17 Cross-examination of witnesses 119
2.5.18 Legal representation 119
2.5.19 Decision of review committee 119
2.5.20 Notification of decision 120
2.5.21 Student may appeal against school decisions etc. 121
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2.5.22 Review by appeals committee 123
2.5.23 Appointment of appeals committee 124
2.5.24 Notification of alteration of record of student assessment 125
PART 2.6--VICTORIAN INSTITUTE OF TEACHING 126
Division 1--Preliminary 126
2.6.1 Definitions 126
Division 2--Victorian Institute of Teaching 127
2.6.2 Continuation of existing Institute 127
2.6.3 Functions of Institute 127
2.6.4 Powers of Institute 129
2.6.5 Ministerial advice 130
2.6.6 Membership of the Council 130
Division 3--Registration of Teachers 134
2.6.7 Application for registration 134
2.6.8 Qualification for registration as a teacher 135
2.6.9 Registration 135
2.6.10 Provisional registration 137
2.6.11 Non-practising registration 138
2.6.12 Interim registration 138
Division 4--Permission to teach 139
2.6.13 Application for permission to teach 139
2.6.14 Permission to teach 139
Division 5--General Provisions 140
2.6.15 Entitlement of applicant to make submissions 140
2.6.16 Notification of outcome of application 140
2.6.17 Duration and renewal of registration 141
2.6.18 Application for renewal of registration 142
2.6.19 Refusal to renew registration 143
2.6.20 Registration obtained by fraud 143
2.6.21 Annual fees 144
Division 6--Criminal Record Checks 144
2.6.22 Criminal record checks 144
2.6.23 Employer to disclose whether criminal record check
conducted 145
Division 7--The Register 145
2.6.24 The Register 145
2.6.25 Publication of Register 145
2.6.26 Use of certificate as evidence 146
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Division 8--Discipline--Suspension without inquiry 146
2.6.27 Institute may suspend registration or permission to teach 146
2.6.28 Effect of suspension of registration 149
Division 9--Discipline--Cancellation of Registration 149
2.6.29 Cancellation of registration or permission to teach without
inquiry 149
Division 10--Powers of Discipline Inquiry 150
2.6.30 Powers of inquiry 150
2.6.31 Employer to notify Institute of action against teacher 151
2.6.32 Inquiry into criminal conduct 152
Division 11--Discipline--Investigations 152
2.6.33 When matters are to be investigated 152
2.6.34 Outcome of investigation 153
2.6.35 Institute may determine to conduct a hearing 153
Division 12--Formal and Informal Disciplinary Hearings 153
2.6.36 Establishment and notification of an informal hearing 153
2.6.37 Professional Practice and Conduct Committee to conduct
informal hearing 154
2.6.38 Notice of an informal hearing 154
2.6.39 Conduct of an informal hearing 155
2.6.40 Findings and determinations of an informal hearing 155
2.6.41 Change of informal hearing to formal hearing during course
of hearing 156
2.6.42 Establishment and notification of formal hearing 156
2.6.43 Constitution of a hearing panel for a formal hearing 157
2.6.44 Notice of a formal hearing 158
2.6.45 Conduct of a formal hearing 158
2.6.46 Findings and determinations of a formal hearing into
conduct 159
Division 13--General Provisions relating to Discipline Inquiries 161
2.6.47 Inquiry may continue even if person no longer registered 161
2.6.48 Procedure at formal and informal hearings 161
2.6.49 Determinations 161
2.6.50 Notice of cancellations and determinations of panel 162
2.6.51 Notifications 162
2.6.52 Offence to disclose information identifying complainant,
witness or teacher 163
2.6.53 Enforcement of determination 164
2.6.54 Revocation of suspension 164
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Division 14--Review by VCAT 164
2.6.55 Review by VCAT 164
Division 15--Offences 165
2.6.56 Unregistered teachers 165
2.6.57 Provision of information by teachers 166
2.6.58 False representation 166
2.6.59 Return of document 167
2.6.60 Proceedings 167
Division 16--The Council--Administration 167
2.6.61 Schedule 2 167
2.6.62 Resignation and removal 167
2.6.63 Elected members 168
2.6.64 Acting members 169
2.6.65 Institute staff 170
2.6.66 Establishment of committees or bodies to act as delegates
of Council 170
2.6.67 Delegation 171
2.6.68 Accreditation Committee 171
2.6.69 Professional Practice and Conduct Committee 172
2.6.70 Membership of committees and bodies 172
2.6.71 Terms of office 173
2.6.72 Resignation and removal 173
2.6.73 Payment of members 173
2.6.74 Procedure of committee, panel or body 174
2.6.75 Effect of vacancy or defect 175
2.6.76 Immunity 175
Division 17--The Council--Finances 175
2.6.77 Fees 175
2.6.78 Victorian Institute of Teaching Fund 176
Division 18--Colleges 177
2.6.79 Establishment of Colleges 177
CHAPTER 3--POST SCHOOL EDUCATION AND TRAINING 179
PART 3.1--VOCATIONAL EDUCATION AND TRAINING 179
Division 1--Co-ordination of State Training System 179
3.1.1 Victorian Skills Commission 179
3.1.2 Functions of the Commission 180
3.1.3 Functions of the Commission as State Training Authority 181
3.1.4 Performance agreements and financial powers 182
3.1.5 Powers of the Commission 183
3.1.6 Accountability 183
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3.1.7 Members 184
3.1.8 Schedule 2 185
3.1.9 Delegations 185
3.1.10 Power of further delegation 186
Division 2--TAFE Institutes 187
3.1.11 TAFE institutes 187
3.1.12 Incorporation of TAFE institute boards 188
3.1.13 Functions of TAFE institute boards 190
3.1.14 Powers of TAFE institute boards 191
3.1.15 Accountability of TAFE institute boards 192
3.1.16 Board directorship 193
3.1.17 Schedule 2 193
3.1.18 Removal of directors 194
3.1.19 Reserve powers of Minister 194
3.1.20 Notice of proposal 196
3.1.21 Appointment of administrator 197
3.1.22 Saving of acts of board 198
3.1.23 Employment of staff 198
3.1.24 Minister may object to appointment of chief executive
officer 198
3.1.25 Schedule 3 199
3.1.26 Chief executive officer 199
Division 3--Industry Training Boards 200
3.1.27 Establishment or declaration of industry training boards 200
3.1.28 Orders establishing industry training boards 200
3.1.29 Revocation of orders 201
3.1.30 Functions of industry training boards 202
3.1.31 Powers of industry training boards 203
3.1.32 Members 203
3.1.33 Terms and conditions of office of members 203
3.1.34 Proceedings of boards 204
PART 3.2--HIGHER EDUCATION 205
Division 1--Student fees, subscriptions and charges 205
3.2.1 Definition 205
3.2.2 Application of Division 205
3.2.3 Provision for declining automatic membership of a student
organisation 206
3.2.4 Students who do not join student organisation 206
3.2.5 Limitation on powers to spend funds from compulsory
non-academic fees etc. 207
3.2.6 Voluntary fees held on trust 208
3.2.7 Offence 209
3.2.8 Statement about compulsory fees etc. 209
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Division 2--Incorporation of Councils 210
3.2.9 Application 210
3.2.10 Post-secondary education institutions 210
3.2.11 Incorporation of Councils 211
3.2.12 Award of degrees or diplomas 213
PART 3.3--ADULT, COMMUNITY AND FURTHER
EDUCATION 214
Division 1--Preliminary 214
3.3.1 Definitions 214
Division 2--Adult, Community and Further Education Board 214
3.3.2 The Adult, Community and Further Education Board 214
3.3.3 Functions of the Board 215
3.3.4 Powers of the Board 217
3.3.5 Board to consult 218
3.3.6 Financial powers 219
3.3.7 Performance agreements 220
3.3.8 Adult, community and further education plan 220
3.3.9 Implementation of the plan 221
3.3.10 Membership of the Board 221
3.3.11 Schedule 2 222
3.3.12 Committees of the Board 222
3.3.13 Staff 222
Division 3--Delegations 222
3.3.14 Delegations by the Board 222
3.3.15 Delegations by the General Manager 223
Division 4--Regions of Adult, Community and Further
Education 224
3.3.16 Regions 224
3.3.17 Regional Councils 224
3.3.18 Functions of Regional Councils 224
3.3.19 Powers of Regional Councils 226
3.3.20 Accountability 226
3.3.21 Membership of Regional Councils 227
3.3.22 Terms and conditions of office of members 228
3.3.23 Meetings of Councils 229
3.3.24 Incorporation of Regional Councils 229
3.3.25 Employment of staff 230
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Division 5--Adult Education Institutions 230
3.3.26 Adult Multicultural Education Services 230
3.3.27 Centre for Adult Education 231
3.3.28 Adult education institutions 231
3.3.29 Incorporation of governing boards 232
3.3.30 Functions of governing boards 234
3.3.31 Powers of governing boards 236
3.3.32 Accountability of governing boards 237
3.3.33 Board membership 237
3.3.34 Removal from office of members 238
3.3.35 Reserve powers of Minister 239
3.3.36 Notice of proposal 240
3.3.37 Appointment of administrator 241
3.3.38 Saving of acts of board 242
3.3.39 Schedule 2 242
3.3.40 Employment of staff 242
3.3.41 Minister may object to director appointment 243
3.3.42 Staff conditions 243
3.3.43 Institution directors 243
CHAPTER 4--VICTORIAN REGISTRATION AND
QUALIFICATIONS AUTHORITY 245
PART 4.1--PRELIMINARY 245
4.1.1 Interpretation 245
PART 4.2--VICTORIAN REGISTRATION AND
QUALIFICATIONS AUTHORITY 252
4.2.1 Establishment of Authority 252
4.2.2 Functions of Authority 252
4.2.3 Powers of Authority 255
4.2.4 Membership of Authority 256
4.2.5 Schedule 2 257
4.2.6 Director's responsibilities 257
4.2.7 Delegation of Authority's power 257
4.2.8 Victorian Registration and Qualifications Authority Fund 259
PART 4.3--REGISTRATION OF STUDENTS AND
PROVIDERS 260
Division 1--Schools 260
4.3.1 Requirements for registration 260
4.3.2 Compliance with standards for registration 261
4.3.3 Review of operations of schools by Authority 262
4.3.4 Action after review 263
4.3.5 Reports from registered schools 264
4.3.6 Notice of registration to be displayed 264
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4.3.7 Attendance register in registered schools 265
4.3.8 Register of schools 265
Division 2--Registration of students for home schooling 265
4.3.9 Authority to register students for home schooling 265
Division 3--School Sector and VET 266
4.3.10 Registration of education and training organisations 266
4.3.11 Criteria for registration 267
4.3.12 Terms of registration 269
Division 4--National Registration 269
4.3.13 Application of Division 269
4.3.14 Registration and national effect of registration 269
4.3.15 Applying in Victoria for registration 270
4.3.16 Decision about registration 270
4.3.17 Registration conditions 273
4.3.18 Term of registration 274
4.3.19 Amending registration on application by registered
education and training organisation 275
4.3.20 Removal of registered details 275
4.3.21 Amending, suspending or cancelling registration without
application 276
4.3.22 Cancelling registration on change of business operations 278
4.3.23 Effect of suspension of registration of RTO 278
4.3.24 Registering body to register amendment, suspension or
cancellation 279
4.3.25 Audit of RTO registered by the Authority 280
4.3.26 Audit of RTO registered by another registering body 280
4.3.27 Conduct of audit 281
4.3.28 Powers not limited by compliance audit provisions 281
4.3.29 Function or power may be used to support national scheme 281
Division 5--Higher Education 282
4.3.30 Approval of Universities 282
4.3.31 Revocation or suspension of approval of University 283
4.3.32 Disallowance of notices 284
4.3.33 Authorisation to conduct higher education courses 284
4.3.34 Suspension or cancellation of authorisation 285
4.3.35 Review of operations of universities, institutions 286
Division 6--Approval to exercise delegated powers 288
4.3.36 Approvals to enable delegation of powers 288
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PART 4.4--ACCREDITATION AND QUALIFICATIONS 290
Division 1--Investigation and Accreditation 290
4.4.1 Investigation of a course or part of a course by Authority 290
4.4.2 Accreditation of a course or part of a course 291
4.4.3 Cancellation or suspension of accreditation 293
4.4.4 Review of higher education courses 294
Division 2--Qualifications 294
4.4.5 Who can issue qualifications? 294
PART 4.5--OVERSEAS STUDENTS 296
4.5.1 Approval to provide courses for overseas students 296
4.5.2 Process for approval 297
4.5.3 Suspension or cancellation of approval 297
4.5.4 Review of operations of institutions and courses 298
PART 4.6--STATE REGISTER 300
4.6.1 State Register 300
4.6.2 Division of education and training organisations 301
4.6.3 Division of Higher Education 301
4.6.4 National registration 302
PART 4.7--OFFENCES 303
4.7.1 Unregistered schools 303
4.7.2. Offences by unregistered persons 303
4.7.3 Offence in relation to accredited courses 304
4.7.4 Offences in relation to courses and qualifications 304
4.7.5 Offence to falsely claim to be an RTO 305
4.7.6 Only approved universities to operate in Victoria 306
4.7.7 Accreditation and authorisation of courses required 307
4.7.8 Offence to falsely claim to provide an accredited course 308
4.7.9 Offence in relation to qualifications 309
PART 4.8--REVIEW BY VCAT 310
4.8.1 Review by VCAT 310
PART 4.9--INFORMATION AND EVIDENCE 311
4.9.1 Publication of registers 311
4.9.2 Certificate prima facie evidence 311
4.9.3 False representation 311
4.9.4 Information may be made available 311
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CHAPTER 5--GENERAL 313
PART 5.1--ADMINISTRATION 313
5.1.1 Department 313
5.1.2 Supply of information 313
PART 5.2--MINISTER'S POWERS 314
5.2.1 Minister's general powers 314
5.2.2 Minister's powers about multi-sector arrangements 316
5.2.3 Minister's powers to acquire land 317
5.2.4 Minister's power to take land on lease 317
5.2.5 Minister's power over reserved Crown lands 318
5.2.6 Vesting of property in Minister 318
5.2.7 Agreements and arrangements concerning use of property 318
5.2.8 Minister's powers for off shore education services 320
5.2.9 Delegations by Minister 321
5.2.10 Establishment of bodies to advise Minister 322
5.2.11 Minister's powers to require financial agreements 322
5.2.12 Minister's powers to make orders 322
5.2.13 Minister's powers to fix fees 323
PART 5.3--SECRETARY'S FUNCTIONS AND POWERS 324
5.3.1 Secretary's powers of employment 324
5.3.2 Secretary's other functions and powers 324
5.3.3 Delegation of Secretary's powers 324
5.3.4 Secretary may request criminal record check 325
5.3.5 Effectiveness and efficiency review 326
PART 5.4--WORKPLACE LEARNING 328
Division 1--Work Experience 328
5.4.1 Definitions 328
5.4.2 Application 329
5.4.3 Work experience arrangements 329
5.4.4 Orders about work experience arrangements 330
5.4.5 Structured workplace learning arrangements 331
5.4.6 Orders about structured workplace learning 332
5.4.7 Conditions of employment under work experience
arrangements 333
5.4.8 Conditions of employment under structured workplace
learning arrangements 335
5.4.9 Payment 336
5.4.10 Duty of care 338
5.4.11 Application of certain laws if employment is for work
experience 338
5.4.12 Arrangements for students from interstate 340
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Division 2--Practical Placement 341
5.4.13 Definitions 341
5.4.14 Practical placement agreements 342
5.4.15 Determination about the placement of post-secondary
students 343
5.4.16 Payment 343
5.4.17 Suspension of conditions for students 344
5.4.18 Duty of care 344
5.4.19 Application of certain laws where employment is to gain
work experience or training 344
Division 3--Minimum Terms and Conditions for Students 345
5.4.20 Orders about non-payment for work 345
PART 5.5--APPRENTICES 346
Division 1--Preliminary 346
5.5.1 Definitions 346
Division 2--Training Schemes 346
5.5.2 Training schemes 346
5.5.3 Certain provisions do not apply to certain vocations 347
Division 3--State Training and Employment Provisions 348
5.5.4 State training and employment provisions 348
5.5.5 Training and employment agreements to accord with
Schedule 4 348
Division 4--Training Contracts 349
5.5.6 Employer must have Commission's approval to enter into a
training contract with an apprentice 349
5.5.7 Procedure for approval 349
5.5.8 Employer's obligations under a training contract 350
5.5.9 Apprentice's obligations under a training contract 351
5.5.10 Approval of training contracts 351
5.5.11 Parties to training contract 351
5.5.12 Execution of training contract 352
5.5.13 Apprentice to be enrolled in training 353
5.5.14 Term of a training contract 353
5.5.15 Cancellation, suspension or variation of a training contract 354
5.5.16 Suspension or cancellation of a training contract if
insufficient employment available 354
5.5.17 Commission to determine grievances in certain
circumstances 355
5.5.18 Associations of employers may employ apprentices 356
5.5.19 Partnerships 357
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Division 5--Approved Training Agents 357
5.5.20 Approved training agents 357
5.5.21 Delegations to approved training agents 357
5.5.22 Review of decisions of approved training agents 358
Division 6--General 358
5.5.23 Register of apprentices 358
5.5.24 Subsidies 359
5.5.25 Fees for certificates 359
PART 5.6--VOLUNTEER WORKERS COMPENSATION 360
5.6.1 Definitions 360
5.6.2 Compensation for personal injuries 362
5.6.3 Compensation for damage to property 363
5.6.4 Jurisdiction 364
5.6.5 Authority to represent Crown 365
5.6.6 Payments 365
5.6.7 Recovery from third parties 366
5.6.8 Compensation for property damage and expenses to be paid
from Consolidated Fund 366
5.6.9 Offence 366
PART 5.7--SCHOLARSHIPS 367
5.7.1 Scholarships at Government schools 367
5.7.2 Minister's powers to grant scholarships 368
PART 5.8--ENFORCEMENT 369
5.8.1 Authorised officers 369
5.8.2 Identification 369
5.8.3 Powers of authorised officers 370
5.8.4 Exercise of powers by authorised officers 373
5.8.5 Authority to provide information to school attendance
officers 373
5.8.6 Proceedings for offences 373
5.8.7 Offences by corporations etc. 374
5.8.8 Evidentiary 375
5.8.9 Evidence 376
PART 5.9--GENERAL 377
5.9.1 Delegation 377
5.9.2 Disposal of land of non-vested schools 377
5.9.3 Supreme Court--limitation of jurisdiction 377
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PART 5.10--DELEGATED LEGISLATION 378
Division 1--Regulations 378
5.10.1 Regulations 378
5.10.2 Scope of regulations 378
Division 2--Orders in Council 380
5.10.3 Orders in Council 380
Division 3--Ministerial Orders 381
5.10.4 Ministerial orders--general provisions 381
5.10.5 Ministerial Orders--special provisions 383
5.10.6 Ministerial Orders --disallowance 383
CHAPTER 6--REPEALS, AMENDMENTS, SAVINGS AND
TRANSITIONALS 384
6.1.1 Repeals 384
6.1.2 Consequential amendments 385
6.1.3 Transitional and saving provisions 385
__________________
SCHEDULES 386
SCHEDULE 1--Learning Areas Subject to Free Instruction 386
SCHEDULE 2--General Provisions for Authorities 387
SCHEDULE 3--Employment of Staff 393
SCHEDULE 4--State Training and Employment Provisions 395
SCHEDULE 5--Regulations 398
SCHEDULE 6--Ministerial Orders 402
SCHEDULE 7--Consequential Amendments to other Acts 405
SCHEDULE 8--Transitional and Saving Provisions 421
ENDNOTES 430
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PARLIAMENT OF VICTORIA
A BILL
to reform the law relating to education and training in Victoria to
provide for a high standard of education and training for all Victorians
and for other purposes.
Education and Training Reform Act
2006
The Parliament of Victoria enacts as follows:
CHAPTER 1--GENERAL
PART 1.1--PRELIMINARY
1.1.1 Purpose
(1) The main purpose of this Act is to reform the law
relating to education and training in Victoria by
5
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providing for a high standard of education and
training for all Victorians.
(2) In particular this Act makes provision for or with
respect to--
(a) the years of compulsory schooling and the
5
options available;
(b) vocational education and training, technical
and further education, adult community and
further education, and other post-compulsory
education and training;
10
(c) the establishment and regulation of
Government schools and the regulation of
non-Government schools and home
schooling;
(d) the establishment and regulation of post-
15
compulsory education institutions and
providers;
(e) the development and accreditation of courses
and the issuing of qualifications;
(f) the recognition, regulation and promotion of
20
the teaching profession;
(g) the employment in the teaching service of
Government school teachers and other
persons;
(h) the monitoring, planning and development of
25
the provision of education and training;
(i) the repeal and re-enactment of various Acts
relating to education and training.
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1.1.2 Commencement
(1) This section and sections 1.1.1 and 6.1.3(2)
and (3) come into operation on the day on which
this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
5
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 31 December
2007, it comes into operation on that day.
10
1.1.3 Definitions
(1) In this Act--
"accredited" means--
(a) in relation to a vocational education and
training or further education course,
15
registered on the State Register and
National Register;
(b) in relation to any other course,
registered as accredited on the State
Register as being suitable for the
20
purposes of a qualification;
"adult, community and further education"
means--
(a) further education; or
(b) secondary education for adults; or
25
(c) that part of education and training
which is directed towards the
development of skills and knowledge in
relation to work when it is provided by
an adult education institution
30
established by or under this Act or a
community based organisation which is
not a TAFE institute, a commercial
provider or an industry provider;
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"adult education institution" means AMES or
the Centre for Adult Education or an adult
education institution established under
Part 3.3;
"AMES" means the adult education institution
5
known as Adult Multicultural Education
Services established under Part 3.3;
"apprentice" means a person whom an employer
has undertaken to train under a training
contract;
10
"AQF" means the framework known as the
"Australian Qualifications Framework"
endorsed by the Ministerial Council on
Education, Employment, Training and Youth
Affairs to commence on 1 January 1995, as
15
amended from time to time by that
Ministerial Council;
"Authority" means the Victorian Registration
and Qualifications Authority established
under Chapter 4;
20
"autonomous college" means a post-secondary
education institution established under
Part 3.2;
"Centre for Adult Education" means the adult
education institution known as the Centre for
25
Adult Education established under Part 3.3;
"Commission" means the Victorian Skills
Commission renamed and continued in
operation under Part 3.1;
"compulsory school age" means not less than 6
30
nor more than 16 years of age;
"Department" means the Department of
Education and Training;
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"further education" means those education
programs that lead to the development of
knowledge and skills that are not specific to
any particular occupation and are not
provided or offered by a university (other
5
than in the TAFE division of a university) or
an autonomous college;
"Government school" means a school
established by the Minister and conducted
under Part 2.2;
10
"higher education award" means a qualification
described as a higher education award in the
AQF but does not include a graduate
certificate if the course of study relating to
that certificate is included in the State
15
Register;
"industry training board" means an industry
training board established or declared by the
Minister under Part 3.1;
"Institute" means the Victorian Institute of
20
Teaching continued in operation under
Part 2.6;
"learning outcome", in relation to a course,
means a written statement of what a student
will know and be able to do as a result of
25
successfully undertaking the course;
"Ministerial Order" means an Order made by
the Minister under this Act;
"national standards" means standards agreed to
from time to time by the governments of the
30
Commonwealth, States and Territories;
"non-Government school" means a school, other
than a Government school, that is registered
or required to be registered under Part 4.3;
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"overseas student" means a person holding a
visa under the Migration Act 1958 of the
Commonwealth which allows the person,
whether expressly or otherwise, to study in
Victoria;
5
"parent", in relation to a child, includes a
guardian and every person who has parental
responsibility for the child including parental
responsibility under the Family Law Act of
the Commonwealth and any person with
10
whom a child normally or regularly resides;
"post-compulsory education" means education
of persons 16 years of age or over;
"post-secondary education" means education of
persons--
15
(a) who are beyond the age of compulsory
school attendance; and
(b) who are not undergoing a course of
secondary education at a registered
school;
20
"post-secondary education institution" means
an institution which is supported directly or
indirectly by Government funds providing
post-secondary education including but not
limited to a TAFE institute, an autonomous
25
college and a university;
"post-secondary education provider" means a
post-secondary education institution or other
institution or person or body providing or
offering to provide post-secondary
30
education;
"principal" means a person appointed to a
designated position as principal of a
registered school or a person in charge of a
registered school;
35
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"Regional Council" means a Regional Council
of Adult, Community and Further Education
established under Part 3.3;
"registered education and training
organisation" means a person or body
5
registered under Part 4.3 to deliver an
accredited course or award or issue a
registered qualification;
"registered qualification" means a qualification
that is registered on the State Register;
10
"registered school" means a school registered
under Part 4.3;
"registered teacher" means a person registered
under Part 2.6 as a teacher or a person who is
granted permission to teach under Part 2.6;
15
"registration" includes permission to teach under
Part 2.6;
"school" means a place at or from which
education is provided to children of
compulsory school age during normal school
20
hours, but does not include--
(a) a place at which registered home
schooling takes place;
(b) a University;
(c) a TAFE institute;
25
(d) an education service exempted by
Ministerial Order;
(e) any other body exempted by the
regulations;
"school attendance officer" means a person
30
appointed by the Minister to be a school
attendance officer under Part 2.1;
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"school council" means the council of a
Government school or group of schools that
is constituted under Part 2.3;
"school day" means day on which a school is
open;
5
"Secretary" means Secretary to the Department;
"sexual offence" means--
(a) an offence against section 44(2), 45, 47,
47A, 48, 49, 49A, 54, 56, 58, 60, 68, 69
or 70 of the Crimes Act 1958; or
10
(b) an offence against section 45(1) (sexual
penetration of child under the age of
10) (as amended) of the Crimes Act
1958 inserted in the Crimes Act 1958
on 5 August 1991 by section 3 of the
15
Crimes (Sexual Offences) Act 1991
and repealed by section 5 of the
Crimes (Amendment) Act 2000; or
(c) an offence against section 46(1) (sexual
penetration of child aged between 10
20
and 16) (as amended) of the Crimes
Act 1958 inserted in the Crimes Act
1958 on 5 August 1991 by section 3 of
the Crimes (Sexual Offences) Act
1991 and repealed by section 5 of the
25
Crimes (Amendment) Act 2000; or
(d) an offence against section 38, 39, 40,
44(1), 53, 55, 57 or 59 of the Crimes
Act 1958 involving a person under the
age of 18; or
30
(e) an offence of attempting to commit any
offence referred to in paragraph (a), (b),
(c) or (d); or
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(f) any other offence, whether committed
in Victoria or elsewhere, the necessary
elements of which consist of or include
elements which constitute an offence
referred to in paragraph (a), (b), (c), (d)
5
or (e);
"State Register" means the State Register
maintained under Part 4.6;
"TAFE" means technical and further education;
"TAFE institute" means an institution created
10
under section 3.1.11 and includes the TAFE
division of a university with a TAFE
division;
"technical and further education" means post-
secondary education wherever provided or
15
offered which is not directed towards--
(a) the award of a degree or diploma at an
autonomous college or university; or
(b) a higher education award;
"training" means training whether by way of
20
course, instruction or practical training in the
knowledge and skills required for a vocation;
"training contract" means an apprenticeship
training contract or a traineeship training
contract;
25
"university" means a University established by
an Act of the Parliament of Victoria or the
Australian Catholic University Limited;
"university with a TAFE division" means the
University of Ballarat, Royal Melbourne
30
Institute of Technology, Swinburne
University of Technology or Victoria
University;
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s. 1.1.4
"VCAL" means the Victorian Certificate of
Applied Learning;
"VCE" means the Victorian Certificate of
Education;
"vocational education and training" means--
5
(a) the education and training and
qualifications and statements of
attainment under the vocational
education and training provisions under
the AQF; and
10
(b) that part of education and training
which is directed towards the
development of skills and knowledge in
relation to work when it is provided by
an adult education institution or a
15
community based organisation which is
not a TAFE institute, a commercial
provider or industry provider.
(2) If under the Public Administration Act 2004 the
name of the Department of Education and
20
Training is changed, a reference in the definition
of "Department" in sub-section (1) to that
Department must, from the date when the name is
changed, be treated as a reference to the
Department by its new name.
25
(3) Unless the context otherwise requires, a reference
in this Act to a Part by a number must be
construed as a reference to the Part, designated by
that number, of this Act.
1.1.4 Binding of Crown
30
This Act binds the Crown, not only in right of the
State of Victoria but also, so far as the legislative
power of Parliament permits, the Crown in all its
other capacities.
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1.1.5 Extra-territorial operation of this Act
(1) This Act operates both within and outside
Victoria.
(2) This Act operates outside Victoria to the extent
that the legislative power of the Parliament
5
permits.
__________________
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Part 1.2--Principles
s. 1.2.1
PART 1.2--PRINCIPLES
1.2.1 Principles underlying the enactment of this Act
Parliament has had regard to the following
principles in enacting this Act--
(a) all providers of education and training, both
5
Government and non-Government, must
ensure that their programs and teaching are
delivered in a manner that supports and
promotes the principles and practice of
Australian democracy, including a
10
commitment to--
(i) elected Government;
(ii) the rule of law;
(iii) equal rights for all before the law;
(iv) freedom of religion;
15
(v) freedom of speech and association;
(vi) the values of openness and tolerance;
(b) all Victorians, irrespective of the education
and training institution they attend, where
they live or their social or economic status,
20
should have access to a high quality
education that--
(i) realises their learning potential and
maximises their education and training
achievement;
25
(ii) promotes enthusiasm for lifelong
learning;
(iii) allows parents to take an active part in
their child's education and training;
(c) information concerning the performance of
30
education and training providers should be
publicly available;
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(d) parents have the right to choose an
appropriate education for their child;
(e) a school community has a right to
information concerning the performance of
its school;
5
(f) a parent of a student and the student has a
right to access information about the
student's achievement.
1.2.2 Principles underlying the Government education
and training system
10
(1) The State provides universal access to education
and training through the establishment and
maintenance of a Government education and
training system.
(2) All persons employed or engaged in the provision
15
of Government education and training by the State
or in the administration of Government education
and training by the State must apply or have
regard to the following principles--
(a) Government schools--
20
(i) will provide a secular education and
will not promote any particular
religious practice, denomination or
sect; and
(ii) are open to adherents of any
25
philosophy, religion or faith;
(b) instruction in the learning areas in
Schedule 1 is to be provided free of charge
for all students (except overseas students)
attending a Government school to the
30
completion of year 12 if the student is under
20 years of age on 1 January in the year that
the person undertakes instruction;
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(c) every student has the right to attend a
designated neighbourhood Government
school with the exception of selective
Government schools that are determined by
the Minister;
5
(d) a student has a guaranteed place at a TAFE
institute or other public training provider to
the completion of year 12 of schooling or its
equivalent if the student is under 20 years of
age on 1 January in the year that the person
10
undertakes study at the TAFE institute or
other public training provider.
1.2.3 Principles not to give rise to civil cause of action
Nothing in sections 1.2.1 or 1.2.2 gives rise to, or
can be taken into account in, any civil cause of
15
action.
__________________
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Act No.
Part 2.1--Compulsory Education
s. 2.1.1
CHAPTER 2--SCHOOL EDUCATION
PART 2.1--COMPULSORY EDUCATION
Division 1--Attendance at School
2.1.1 Attendance at school
It is the duty of the parent of a child of not less
5
than 6 nor more than 16 years of age--
(a) to enrol the child at a registered school and
to ensure the child attends the school at all
times when the school is open for the child's
instruction; or
10
(b) to register the child for home schooling in
accordance with the regulations and to
ensure that the child receives instruction in
accordance with the registration.
2.1.2 Offence for parent to fail to comply with duty
15
A parent of a child of compulsory school age must
not without a reasonable excuse fail to comply
with the duty set out in section 2.1.1.
Penalty: 1 penalty unit for each day on which
the duty is not complied with.
20
2.1.3 What is a reasonable excuse?
Without limiting section 2.1.2, it is a reasonable
excuse for the purposes of that section, in relation
to a child if--
(a) the child has been prevented from attending
25
school or receiving instruction because of--
(i) illness, accident, an unforeseen event or
an unavoidable cause; or
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Part 2.1--Compulsory Education
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(ii) a requirement to comply with another
law; or
(iii) the child's absence from Victoria;
(b) there is no Government school within a
prescribed distance of the child's residence
5
and the child is receiving a distance
education program through a registered
school;
(c) the child is undertaking an educational
program provided by a registered education
10
and training organisation;
(d) the child has been suspended or expelled
from a registered school and is undertaking
other educational programs provided by the
Department or another registered school;
15
(e) the absence from school or instruction was
because of the child's disobedience and was
not due to any fault of the parent;
(f) the child is attending or observing a religious
event or obligation as a result of a genuinely
20
held belief of the child or a parent of the
child;
(g) the child is exempted from attendance at
school by the Minister under section 2.1.5.
2.1.4 Parent to notify school of absence
25
(1) The principal of, or a teacher at, a registered
school at which a child of compulsory school age
is enrolled may ask a parent of the child for an
explanation of the reason for the child's failure to
attend the school at a time when the school was
30
open for the child's instruction.
(2) The principal must ensure that record in writing is
made of the reason (if any) given by the parent.
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2.1.5 Exemption from attendance at school
The Minister, by Order generally or in a specific
case, may exempt a child or children from
attendance at school.
2.1.6 Obligations of parents
5
If a duty is imposed on the parent or parents of a
child by this Division--
(a) any parent of the child may perform or be
required to perform the duty;
(b) compliance with the duty with regard to the
10
child by any parent is sufficient compliance
with the duty imposed on the parent or
parents.
Division 2--Enforcement of Attendance
2.1.7 Appointment of school attendance officers
15
The Minister may in writing appoint a person
employed under the Public Administration Act
2004 as a school attendance officer for the
purposes of this Act.
2.1.8 Identity card
20
(1) The Minister must issue an identity card to each
school attendance officer.
(2) An identity card must contain a photograph of the
school attendance officer to whom it is issued.
2.1.9 Production of identity card
25
A school attendance officer must produce his or
her identity card for inspection--
(a) before exercising a power under this Part; or
(b) at any time during the exercise of a power
under this Part, if asked to do so.
30
Penalty: 10 penalty units.
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s. 2.1.10
2.1.10 Powers of school attendance officers
(1) If a school attendance officer has reasonable
grounds to believe that a child who is apparently
of compulsory school age does not attend a
registered school during school hours on a school
5
day, the school attendance officer may stop the
child in the street or a public place and ask the
child for his or her name and address.
(2) A school attendance officer may during hours
when a school is open inspect the attendance
10
register of the school that is required to be kept
under Part 4.3.
2.1.11 Offence to hinder or obstruct school attendance
officer
A person must not wilfully obstruct, hinder or
15
interfere with a school attendance officer in the
performance or exercise of his or her duties under
this Part.
Penalty: 60 penalty units.
2.1.12 Power to bring proceedings
20
A school attendance officer may bring
proceedings for any offence under Division 1.
2.1.13 Certificate to be evidence as to attendance of child
A certificate purporting to be under the hand of
the principal of a registered school stating that a
25
child is or is not attending that school or stating
the particulars of attendance of a child at that
school is evidence of the facts stated in the
certificate.
2.1.14 Onus of proof
30
In any proceeding in relation to an offence under
section 2.1.2 the burden of proving the grounds of
an excuse lies on the defendant.
__________________
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Act No.
Part 2.2--Government Schools
s. 2.2.1
PART 2.2--GOVERNMENT SCHOOLS
Division 1--Establishment of Government Schools
2.2.1 Establishment of Government schools and
educational services
(1) The Minister may from time to time--
5
(a) establish and carry on Government schools;
(b) extend and maintain Government schools;
(c) declare or alter the educational level or
classification of a Government school;
(d) discontinue a Government school.
10
(2) The Minister may decide the kinds of Government
schools to be established and the educational level
or levels or classification for the schools.
(3) The Minister may establish school related
educational institutions and services.
15
(4) The Minister may arrange for the provision of
educational instruction and services in ways other
than through Government schools.
(5) A Government school may be established for
students of one sex.
20
2.2.2 Discontinuation of Government schools--limitation
of judicial review
(1) A decision or purported decision of the Minister
to discontinue or continue any Government school
is not liable to be challenged, appealed against,
25
reviewed, quashed or called in question on any
account--
(a) in any court or tribunal; or
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Part 2.2--Government Schools
s. 2.2.3
(b) before any person acting judicially (within
the meaning of the Evidence Act 1958); or
(c) before the Ombudsman.
(2) Without limiting sub-section (1), proceedings for
an order in the nature of prohibition, certiorari or
5
mandamus or for a declaration or injunction or for
any other relief do not lie in respect of a decision
or purported decision of the Minister to
discontinue or continue any Government school.
2.2.3 Limitation on occupier's liability for discontinued
10
Government schools
(1) In this section "relevant person", in relation to a
Government school discontinued by the Minister,
is a person who--
(a) without the consent of the Minister operates,
15
or assists in operating, education programs
on the premises on which the discontinued
school operated; or
(b) is on those premises to protest against, or in
support of persons protesting against, the
20
decision of the Minister to discontinue the
school; or
(c) is on those premises as a student of
education programs that are being operated
on those premises without the consent of the
25
Minister.
(2) The Crown or its servants or agents, the State, the
Minister or a school council do not owe a duty of
care to any relevant person on the premises of a
Government school--
30
(a) that has been discontinued by the Minister;
and
(b) to which the provisions of this section are
expressly applied by the Minister by a notice
published in the Government Gazette.
35
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(3) Sub-section (2) applies despite anything to the
contrary--
(a) in Part IIA of the Wrongs Act 1958; or
(b) in any rule of law with respect to the liability
of an occupier to a person entering on the
5
occupier's premises.
Division 2--Instruction in Government Schools
2.2.4 Instruction in specified learning areas to be free to
students under 20
(1) Instruction in the learning areas specified in
10
Schedule 1 to (and including) year 12 of education
or its equivalent is to be free for a student who is
under the age of 20 years on 1 January in the year
the student commences that year of schooling and
who is attending a Government school.
15
(2) This section does not apply to overseas students.
(3) For the purposes of this section, instruction that is
equivalent to year 12 of education is instruction
for a certificate of education or other qualification
determined by the Minister by Order to be so
20
equivalent.
2.2.5 Students over 20 may be charged fees
A student enrolled in a Government school who is
of or above 20 years of age on 1 January in the
year of enrolment may be charged a fee in
25
accordance with the regulations for the instruction
and educational and other related services
provided to the student by the school during that
school year.
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2.2.6 Parent not required to contribute to cost of
additional support
A parent of a student with a disability or
impairment is not required to contribute to the
cost of the provision of additional support for the
5
education in a Government school of that student.
2.2.7 Voluntary financial contributions
(1) The school council of a Government school may
ask the parents of a student enrolled at the school,
or anyone else, to make a financial contribution to
10
the school.
(2) A school council may use voluntary contributions
for any purpose for any school in relation to which
it is constituted unless the contribution is provided
for a specified purpose.
15
(3) The following principles apply in relation to
financial contributions--
(a) a school council should clearly explain how
contributions will be spent when making a
request for a contribution;
20
(b) each contribution is to be voluntary and
obtained without coercion or harassment;
(c) a student at the school is not to be refused
instruction in the learning areas specified in
Schedule 1 because the student's parents do
25
not make a contribution;
(d) a student is not to be approached, coerced or
harassed for contributions;
(e) any record of contributions is confidential.
(4) If the school council asks the parents of a student
30
enrolled at the school to make a financial
contribution, the school council must tell the
parents about the principles that apply in relation
to financial contributions.
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2.2.8 Overseas students to be required to pay fees
(1) An overseas student who applies to be enrolled at
a Government school or his or her parent or
guardian must, in accordance with any Order
made by the Minister under section 2.2.9, pay an
5
application fee and, if enrolled, a fee for the
instruction and educational and other related
services provided to the student by the school.
(2) The principal of a Government school must expel
from the school any overseas student in respect of
10
whom any fee required to be paid under this
section has not been paid by the due date.
(3) The Minister may permit an overseas student who
has been or is to be expelled from a Government
school under sub-section (2) to return to or remain
15
at the school either unconditionally or on
conditions agreed to by the student or his or her
parent or guardian relating to the payment of the
fee.
2.2.9 Overseas students fees Order
20
(1) The Minister may make an Order for or with
respect to any matter that relates to the payment of
fees by overseas students applying to be enrolled
or enrolled at Government schools including but
not limited to--
25
(a) the amount of any fee payable under
section 2.2.8;
(b) any period to which the fee relates;
(c) the date on which the fee is payable;
(d) the person to whom the fee is to be paid;
30
(e) the extent to which and the manner in which
the fee is to be apportioned between the
school and the Secretary.
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(2) The principal of a Government school and the
school council of that school must comply with
any Order made under sub-section (1) that applies
to the school.
2.2.10 Education in Government schools to be secular
5
(1) Except as provided in section 2.2.11, education in
Government schools must be secular and not
promote any particular religious practice,
denomination or sect.
(2) Sub-section (1) does not prevent the inclusion of
10
general religious education in the curriculum of a
Government school.
(3) A Government school teacher must not provide
religious instruction other than the provision of
general religious education in any Government
15
school building.
(4) In this section "general religious education"
means education about the major forms of
religious thought and expression characteristic of
Australian society and other societies in the world.
20
2.2.11 Special religious instruction
(1) Special religious instruction may be given in a
Government school in accordance with this
section.
(2) If special religious instruction is given in a
25
Government school during the hours set apart for
the instruction of the students--
(a) the persons providing the special religious
instruction must be persons who are
accredited representatives of churches or
30
other religious groups and who are approved
by the Minister for the purpose;
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(b) the special religious instruction must be
given on the basis of the normal class
organisation of the school except in a school
where the Minister authorises some other
basis to be observed having regard to--
5
(i) the particular circumstances of a school
or schools; or
(ii) the preparation or conduct of a pageant,
special event or celebration of a festival
in a school or schools;
10
(c) attendance for the special religious
instruction is not to be compulsory for any
student whose parents desire that he or she
be excused from attending.
(3) The Minister may give an authorisation under sub-
15
section (2) in respect of the preparation or conduct
of a particular class of pageant, special event or
celebration of a festival generally to all schools, to
a class or classes of school or to a specific school.
(4) Nothing in this section prevents any Government
20
school building from being used for any purpose
on days other than school days or at hours on
school days other than the hours set apart for the
instruction of the students.
(5) In this section "special religious instruction"
25
means instruction provided by churches and other
religious groups and based on distinctive religious
tenets and beliefs.
2.2.12 Ceremony in relation to being Australian citizens
(1) In every Government school there must be
30
observed in accordance with this section a
ceremony at which the students acknowledge their
role as citizens of Australia.
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(2) The school council at each Government school
must in accordance with the guidelines issued by
the Minister determine--
(a) the form of any ceremony under sub-
section (1); and
5
(b) the intervals at which the ceremony must
take place.
(3) The flag to be used at a ceremony under sub-
section (1) must be the Australian National Flag.
Division 3--Admission to Government Schools
10
2.2.13 Admission to designated neighbourhood
Government school
(1) A child of compulsory school age is entitled to be
enrolled at his or her designated neighbourhood
Government school.
15
(2) Sub-section (1) does not apply to--
(a) a special school or other school providing
solely for students with disabilities;
(b) a school that provides education solely
through distance education programs;
20
(c) a school for which the Minister has approved
special criteria for entry to the school under
section 2.2.16.
2.2.14 Admission to other Government school
A child of compulsory school age may be enrolled
25
at a Government school that is not the child's
designated neighbourhood Government school if
there is sufficient accommodation for the child at
that school.
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2.2.15 Refusal of admission generally
A person may be refused admission to a
Government school--
(a) if the person is not entitled to be enrolled at
that school under section 2.2.13; or
5
(b) in accordance with any other provision of
this Act or any other Act.
2.2.16 Minister may approve admission criteria
The Minister may specify--
(a) criteria for determining a designated
10
neighbourhood Government school including
different criteria for different areas;
(b) entry criteria for a particular school.
2.2.17 Refusal of admission for safety reasons
(1) A person may be refused admission to or
15
continued enrolment in a Government school if, in
the Minister's opinion, it is advisable to do so to
ensure the safety of the student or other students at
the school.
(2) A child of compulsory school age who has been
20
refused admission to or continued enrolment in a
Government school under sub-section (1) must, in
accordance with any Order made by the Minister
under sub-section (3) be given an opportunity to
continue his or her education while he or she is of
25
compulsory school age.
(3) The Minister may make an Order specifying the
means by which a student who has been refused
admission to or continued enrolment in a
Government school is to be given an opportunity
30
to continue his or her education while of
compulsory school age.
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2.2.18 Age requirements for enrolment at Government
schools
The principal of a Government school may
refuse--
(a) to enrol a person at that school or in a
5
program or course of study offered,
conducted or provided by that school or to
allow a person to continue to be so enrolled;
or
(b) to allow a person to attend that school or to
10
attend or participate in any program or
course of study offered by that school or to
allow a person to continue to so attend or
participate--
if the person is under, of or over an age specified
15
in the regulations in relation to enrolment or
attendance at a Government school or enrolment,
attendance at or participation in any program or
course of study offered, conducted or provided by
a Government school.
20
Division 4--Discipline of Students
2.2.19 Discipline of students
(1) The principal of a Government school may, in
accordance with any Ministerial Order, suspend or
expel a student from that school.
25
(2) A student expelled from a Government school
under sub-section (1) may, in accordance with any
Ministerial Order, appeal to the Secretary against
his or her expulsion.
(3) Subject to any action taken by the Secretary under
30
sub-section (4), a student of compulsory school
age who has been expelled from a Government
school must, in accordance with any Ministerial
Order, be given an opportunity to continue his or
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her education while he or she is of compulsory
school age.
(4) The Secretary may, in accordance with any
Ministerial Order, prohibit a student expelled from
a Government school from attending any other
5
Government school.
(5) Despite any provision made by or under any other
Act, the Secretary must cause all documents under
his or her control relating to the expulsion of a
student from a Government school to be destroyed
10
within 12 months after the student is expelled or
ceases to be of compulsory school age, whichever
is the later.
Division 5--Assistance for Students with Special Needs
2.2.20 Assistance for students with special needs
15
The Minister may provide or arrange special or
additional assistance for students in Government
schools with special needs, including the
provision of meals to students who are
disadvantaged by their socio-economic
20
background.
__________________
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Act No.
Part 2.3--Government School Councils
s. 2.3.1
PART 2.3--GOVERNMENT SCHOOL COUNCILS
Division 1--Definitions
2.3.1 Definitions
In this Part--
"preschool program" means a preschool
5
program provided for any child who is of or
over the age of 3 years and under the age of
6 years on 30 April in the year that the child
takes part in the preschool program;
"school" means a Government school and
10
includes, if a school council is to be or is
constituted in relation to a school, a proposed
school;
"teacher", unless the contrary intention appears,
includes student teacher, teacher on a special
15
staff, student in training and every person
employed to assist teachers in the class room
or who forms part of the educational staff of
a school;
"teaching staff" means any person required to be
20
registered under Part 2.6 to undertake duties
as a teacher within the meaning of that Part.
Division 2--Constitution of School Councils
2.3.2 Minister may constitute school council by Order
(1) The Minister may by Order constitute a council to
25
exercise and discharge, in relation to a
Government school or group of Government
schools, powers, duties and functions that may
from time to time be conferred or imposed on the
council by or under this Act.
30
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(2) The Minister, by Order, may--
(a) constitute a council, by a name that is
specified in the Order, as a body corporate to
exercise and discharge any powers, duties or
functions conferred or imposed upon the
5
council by or under this Act in relation to the
school or group of schools (as the case may
be);
(b) make provision for or with respect to the
membership of the council and may make
10
provision for the election of members, that
he or she thinks fit;
(c) confer or impose upon the council or any
member of the council any powers, duties or
functions in addition to those conferred or
15
imposed upon the council or any member of
the council by or under this Act; and
(d) make any other provision in relation to the
constitution, powers, duties and functions of
the council that is in his or her opinion
20
necessary or expedient, including limiting or
regulating the exercise by the council of any
of those powers, duties or functions.
(3) A notice stating that an Order has been made
under sub-section (1) must be published as soon
25
as practicable in the Government Gazette.
(4) On and from the date that an Order under sub-
section (1) was made or any later date specified in
that Order, the council constituted by the Order
becomes a body corporate by the name specified
30
in the Order and is, subject to the Order,
immediately capable of--
(a) exercising all the functions of a body
corporate; and
(b) suing and being sued; and
35
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(c) holding land; and
(d) having perpetual succession; and
(e) having a common seal.
(5) Any Order made under sub-section (1) may
provide for anything relating to the appointment
5
or the election of members to be done or complied
with in accordance with regulations made under
this Act.
(6) The Minister may by any subsequent Order--
(a) dissolve the council; or
10
(b) change the name of the council; or
(c) make further provision with respect to any
matter or thing that is authorised to be done
under paragraphs (b), (c) and (d) of sub-
section (2); or
15
(d) amend or vary any provision of a previous
Order with respect to any of the matters or
things referred to in paragraphs (a) to (c).
(7) An Order dissolving a council may give any
directions concerning the disposal of any assets of
20
the council that the Minister thinks fit.
(8) A notice stating that an Order has been made
under sub-section (6) and specifying the general
purpose of the Order must be published as soon as
practicable in the Government Gazette.
25
(9) Sub-section (8) does not apply to an Order unless
the purpose of the Order is--
(a) to merge 2 or more councils; or
(b) to dissolve a council; or
(c) to confer or impose new powers, duties or
30
functions on a council or to any of its
members.
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(10) A change of name of a council under this section
does not affect the identity of the council or any
rights or obligations of the council or render
defective any legal proceedings by or against the
council, and any legal proceedings that might
5
have been continued or commenced by or against
the council by its former name may be continued
or commenced by or against it by its new name.
(11) A copy of any Order made under this section must
be kept at the premises of any school to which it
10
relates and must be made available for inspection
by any person at any reasonable time during
school hours.
(12) Nothing done or omitted to be done by a school
council subjects the Crown, the State, a Minister
15
of the State or the Secretary to any liability in
respect of the thing done or omitted to be done
except as provided in sub-section (13) and
section 2.3.32.
(13) Sub-section (12) does not apply if otherwise
20
agreed in writing between the school council and
the Crown, the State, the Minister or the Secretary
(as the case requires), expressly with reference to
this section, and whether before or after the thing
is done or omitted to be done.
25
(14) A member of a council constituted under this
section is not to receive any payment for his or her
services as a member.
(15) Sub-section (14) does not prevent the council
reimbursing a member for any reasonable
30
expenses incurred in the performance of his or her
duties as a member.
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2.3.3 Minister entitled to act if no school council
If there is no school council constituted in relation
to a school, the Minister may exercise or
discharge in respect of the school or any program
(including a preschool program) offered by the
5
school, any power, duty or function that would be
conferred or imposed by or under this Act on any
such council constituted in relation to that school.
Division 3--Objectives, Functions and Powers of School
Councils
10
2.3.4 Objectives of a school council
The objectives of a school council with regard to
any school in relation to which it is constituted
are--
(a) to assist in the efficient governance of the
15
school;
(b) to ensure that its decisions affecting students
of the school are made having regard, as a
primary consideration, to the best interest of
the students;
20
(c) to enhance the educational opportunities of
students at the school;
(d) to ensure the school and the council complies
with any requirements of this Act, the
regulations, a Ministerial Order or a
25
direction, guideline or policy issued under
this Act.
2.3.5 Functions of a school council
The functions of a school council with regard to
any school in relation to which it is constituted
30
are--
(a) to establish the broad direction and vision of
the school within the school's community;
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(b) to arrange for the supply of goods, services,
facilities, materials, equipment and other
things or matters that are required for the
conduct of the school including the provision
of preschool programs;
5
(c) to raise funds for school related purposes;
(d) to regulate and facilitate the after hours use
of the school premises and grounds;
(e) to exercise a general oversight of the school
buildings and grounds and ensure that they
10
are kept in good order and condition;
(f) to provide for the cleaning and sanitary
services that are necessary for the school;
(g) to ensure that all money coming into the
hands of the council is expended for proper
15
purposes relating to the school;
(h) to provide meals and refreshments for the
staff and students of the school and make
charges for those meals or refreshments;
(i) to inform itself and take into account any
20
views of the school community for the
purpose of making decisions in regard to the
school and the students at the school;
(j) to generally stimulate interest in the school
in the wider community;
25
(k) to perform any other function or duty or to
exercise any power conferred or imposed on
the council--
(i) by or under this Act or the regulations;
or
30
(ii) by a Ministerial Order or direction
issued by the Minister under this Act.
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2.3.6 Powers of a school council
(1) For the purpose of meeting its objectives or
performing its functions or duties a school council
may--
(a) enter into contracts, agreements or
5
arrangements;
(b) establish trusts and act as trustee of them;
(c) subject to section 2.2.4 and in accordance
with any Ministerial Order, charge fees to
parents for goods, services or other things
10
provided by the school to a child of the
parent;
(d) do any other thing that is necessary or
convenient to be done for, or in connection
with, meeting its objectives or performing its
15
functions or duties.
(2) In addition to the powers under sub-section (1), a
council has any other powers conferred on it by or
under this Act, the regulations or a Ministerial
Order.
20
(3) A school council does not have the power to do
any of the following--
(a) employ a teacher with no date fixed for the
termination of that employment;
(b) purchase or acquire for consideration any
25
land or building;
(c) unless authorised by or under this Act, the
regulations or a Ministerial Order--
(i) licence or grant any interest in land,
including school lands or buildings;
30
(ii) enter into hire purchase agreements;
(iii) obtain loan or credit facilities;
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s. 2.3.7
(iv) form or become a member of a
corporation;
(v) provide for any matter or thing outside
of Victoria unless it is related to an
excursion by students from a school in
5
relation to which the council is
constituted or the professional
development of staff of that school;
(vi) purchase a motor vehicle, boat or a
plane.
10
2.3.7 Accountability
(1) A school council is accountable to the Minister in
respect of the performance by the council of its
functions in accordance with any Order made by
the Minister.
15
(2) The principal of a school is the executive officer
of the school council and must ensure that--
(a) adequate and appropriate advice is provided
to the school council on educational and
other matters;
20
(b) the decisions of the school council are
implemented;
(c) adequate support and resources are provided
for the conduct of school council meetings.
(3) The Secretary must ensure that an effective
25
quality assurance regime is in place over the
financial and operational activities of school
councils.
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s. 2.3.8
Division 4--Employment of Staff
2.3.8 Employment or engagement of teachers and other
staff in schools
(1) A school council, in accordance with this Act,
may--
5
(a) employ--
(i) teachers for a fixed period not
exceeding one year or on a casual basis;
or
(ii) teacher aides; or
10
(iii) any other staff--
for the purpose of performing its functions
and duties;
(b) employ any person to enable the council to
do anything it is authorised to do by
15
section 2.3.11 or Division 6.
(2) A school council which employs a person under
sub-section (1) may do so on behalf of a group of
school councils, and the group of school councils
may decide from time to time in a manner
20
determined by agreement amongst themselves the
time which the person is to spend on each school.
(3) Part 2.4 applies to and in relation to the
determination of salaries and allowances to be
paid to and to the terms and conditions of
25
employment of staff employed by school councils
as if those employees were employees of the
teaching service.
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Part 2.3--Government School Councils
s. 2.3.9
2.3.9 Eligibility of person to be employed as a teacher
(1) A person who has, at any time, in Victoria or
elsewhere, been convicted or found guilty of a
sexual offence is not eligible to be employed by a
school council as a teacher.
5
(2) A person is not eligible to be employed by a
school council as a teacher within the meaning of
Part 2.6 unless the person is registered or
permitted to teach under this Act.
2.3.10 Dismissal, suspension and termination of
10
employment
(1) A school council must dismiss or remove a person
who is employed or engaged by the council as a
teacher and who has, at any time, in Victoria or
elsewhere, been convicted or found guilty of a
15
sexual offence.
(2) If a person who is employed or engaged by a
school council as a teacher within the meaning of
Part 2.6 is refused registration or permission to
teach under this Act or has had his or her
20
registration or permission to teach cancelled or
suspended under this Act, the council may--
(a) suspend the person without pay from duty as
a teacher for the period that the person's
registration or permission to teach is refused,
25
cancelled or suspended; or
(b) without limiting any of the council's other
powers, dismiss or remove the person.
(3) If a person employed or engaged by a school
council as a teacher within the meaning of
30
Part 2.6--
(a) is refused registration or permission to teach
under this Act or has his or her registration
or permission to teach cancelled or
suspended under this Act; and
35
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(b) remains unregistered or without 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
5
that period of 12 months.
(4) For the purposes of sub-section (3)(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
10
approved by the school council.
(5) The school council must notify in writing a person
whose employment or engagement has ceased
under sub-section (3).
Division 5--Further Powers of School Councils
15
2.3.11 Use of school buildings and grounds for activities
(1) A school council may--
(a) conduct programs in or use; or
(b) subject to any conditions imposed by the
council, join with any other person or body
20
to conduct programs in or use; or
(c) subject to any conditions imposed by the
council, allow any other person or body to
conduct programs in or use--
any buildings or grounds of any school in relation
25
to which the council is constituted for the
purposes of educational, recreational, sporting or
cultural activities for students, the local
community or young persons.
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(2) A school council may only allow buildings
and grounds of a school to be used under sub-
section (1) when the buildings or grounds are not
required for ordinary school purposes.
(3) This section applies despite anything to the
5
contrary in the Crown Land (Reserves) Act
1978.
2.3.12 School council may carry out works
(1) A school council may, in regard to any school in
relation to which it is constituted, with the
10
approval of the Minister given either generally or
in any particular case--
(a) construct, or carry out any improvements to
any building structure on the school grounds,
or carry out any improvements in or to the
15
school grounds; or
(b) enter into a contract with any person for or in
relation to the construction or carrying out by
that person of any such building structure or
improvements or of any other work which
20
the council is authorised or required by or
under this Act to carry out; or
(c) construct or carry out any improvements to
any building structure, or carry out any
improvements, on, in or to the school
25
grounds or any other land that the Minister
has acquired an estate or interest in to
provide preschool programs.
(2) Despite anything to the contrary in any Act, a
school council may obtain and accept offers or
30
tenders for any work approved by the Minister
under this section that it proposes to carry out.
(3) If a school council is required by directions issued
under Part 4 of the Project Development and
Construction Management Act 1994 to publicly
35
invite tenders for the work--
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(a) the council must invite tenders as required by
those directions by an advertisement
published in a newspaper circulating
generally in Victoria and in at least one
newspaper circulating in the neighbourhood
5
of the school where the proposed work is to
be carried out; and
(b) the work must be carried out under any
supervision that the Minister directs.
(4) The provisions of sub-section (3) do not apply
10
if--
(a) the work in question is that of an architect,
engineer or other professional adviser or
consultant employed by the council with the
consent of the Minister in connection with
15
any proposed work; or
(b) the Minister has in relation to any particular
work given a written exemption to the school
council from complying with the provisions
of that sub-section; or
20
(c) the school council arranges for the work to
be undertaken by any municipal council or
any public statutory body.
(5) If a school council enters into a contract for any
work and the council is not required by a direction
25
issued under Part 4 of the Project Development
and Construction Management Act 1994 to
publicly invite tenders for the work, the council
may supervise the carrying out of that work,
unless the Minister either generally or in any
30
particular case directs, or the regulations made
under this Act provide, that the work must be
supervised otherwise.
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2.3.13 Public bodies authorised to perform works for
school council
Despite anything in any Act, a municipal council
and any public statutory corporation and any
school council if so authorised by the Minister is
5
authorised and empowered to--
(a) enter into contracts with a school council for
or in connection with--
(i) the construction of buildings or
structures or the carrying out of
10
improvements on, in or to the grounds
of the school in relation to which the
council is constituted; or
(ii) any other work which the school
council is authorised or required by or
15
under this Act to carry out; and
(b) do or comply with anything necessary or
expedient for carrying the contract into
effect.
2.3.14 School council may form sub-committee
20
Subject to this Act and the regulations, a school
council may form a sub-committee, consisting of
at least one member of the council and any other
persons, to assist the council.
2.3.15 School council may delegate powers, duties or
25
functions
Subject to this Act and the regulations, a school
council may by instrument delegate all or any of
the powers, duties or functions conferred or
imposed on the council by or under this Act, the
30
regulations, a Ministerial Order or a direction
issued by the Minister under this Act except this
power of delegation to another person or body.
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2.3.16 School council may form committees to manage
joint facilities
If a school council enters into an agreement under
its powers under this Act for the use of any real or
personal property by other persons or bodies, the
5
school council may agree with the other parties to
the agreement to form a committee for the
management of the property.
2.3.17 School council may delegate powers, duties or
functions to members of committee
10
A school council that agrees to form a committee
to manage property under section 2.3.16 may,
with the approval of the Minister, delegate by
instrument to members of the committee all or any
of the council's powers, duties or functions
15
conferred or imposed on the council by or under
this Act in relation to that property except this
power of delegation.
2.3.18 School council may sell property
(1) A school council may sell equipment, goods or
20
other similar personal property acquired for use in
any school in relation to which it is constituted.
(2) If the proceeds from the sale of property under
sub-section (1) are less than the amount
determined by the Minister, the school council
25
may keep those proceeds.
(3) If the proceeds from the sale of property under
sub-section (1) are equal to or more than the
amount determined by the Minister, the school
council may keep those proceeds, if the person
30
appointed by the Secretary has given approval to
the school council to do so.
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(4) For the purposes of sub-sections (2) and (3), a
determination of the Minister--
(a) must be in writing; and
(b) may be varied or revoked by the Minister in
writing.
5
(5) The Secretary may appoint a person to give
approvals under sub-section (3).
(6) An approval--
(a) must be in writing; and
(b) must be given before the property is sold.
10
Division 6--Preschool Programs
2.3.19 Application of Division
(1) A child who takes part in a preschool program
conducted under this Division is not, for the
purposes of this Act or any other Act relating to
15
the care or education of preschool children, to be
taken to be a student enrolled at a Government
school.
(2) The powers of a school council under this
Division are in addition to and do not limit the
20
powers of a school council under any other
provision of this Act.
2.3.20 School councils may provide for preschool programs
(1) The school council of a school that provides
primary education and in relation to which the
25
council is constituted may--
(a) provide preschool programs on the premises
of that school or on any other land or
premises under the control of the Minister; or
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(b) enter into an agreement or arrangement with
any other school council or other person or
body for that council, person or body to use
part of the premises of that school or other
premises under the control of the Minister to
5
provide a preschool program on those
premises; or
(c) enter into an agreement or arrangement with
any other school council or other person or
body to jointly provide a preschool program.
10
(2) A school council that provides a preschool
program or enters into an arrangement or
agreement to provide a preschool program must
ensure that, in any records kept by the school or
the school council, the preschool children using
15
the program are accounted for separately from
students enrolled at the school in school programs.
2.3.21 Council may grant lease or licence over preschool
land
(1) A council of any school in relation to which it is
20
constituted may, if authorised in writing by the
Minister, either generally or in any specified
circumstances, grant a leasehold interest in, or a
licence over, land of the school to be used to
operate a preschool program or programs for
25
children.
(2) This section applies despite anything to the
contrary in the Crown Land (Reserves) Act
1978.
2.3.22 Fees for preschool programs
30
A council of any school in relation to which it is
constituted, or any other person or body
authorised by the council under section 2.3.20,
may require the payment of fees for the provision
of preschool programs and other related services.
35
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2.3.23 Application of, and accounting for, money received
A school council that provides or makes
agreements or arrangements for the provision of
preschool programs under this Division must
ensure--
5
(a) that any fees or other money received by the
council in the course of that provision or
those agreements or arrangements is applied
to the provision of preschool programs
unless directed otherwise by a direction or
10
guideline issued by the Minister; and
(b) that separate accounts and financial records
are maintained in relation to the provision of
those programs.
Division 7--Reporting and Accountability Requirements
15
2.3.24 School plan
(1) A school council must, in accordance with any
Ministerial Order, prepare a school plan that sets
out the school's goals and targets for the next
4 years and the strategies for achieving those
20
goals and targets.
(2) A school plan prepared under sub-section (1) must
be signed by both the president of the school
council and the principal and must be submitted to
the Secretary for approval within the period
25
specified in a Ministerial Order.
(3) The Secretary may direct the school council to
make specified variations to a school plan and to
resubmit the plan to the Secretary.
(4) The Secretary or his or her nominee must sign any
30
school plan approved by the Secretary.
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(5) A school plan comes into force immediately on
being signed by the Secretary or his or her
nominee and remains in force for a period of
4 years after that date or any other period that is
specified in a Ministerial Order.
5
2.3.25 Status of school plan
A school plan--
(a) does not create any contractual relationship
between any persons; and
(b) does not give rise to any rights or
10
entitlements, or impose any duties, that are
capable of being enforced in a legal
proceeding.
2.3.26 Termination of school plan
The Secretary may, by notice served on a school
15
council, terminate the operation of the whole or a
specified part of a school plan prepared by that
council with effect from a date specified in the
notice that is not less than 14 days after the date of
service of the notice on the council.
20
2.3.27 School council to prepare annual report
(1) A school council must prepare a report (to be
called an annual report) relating to--
(a) financial activities including any matters
required by a Ministerial Order as at a date
25
fixed by Ministerial Order; and
(b) the school plan; and
(c) any other matters that are determined by the
Minister.
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(2) A council must ensure that--
(a) the annual report is prepared by the date
fixed by Ministerial Order; and
(b) the report is prepared in accordance with any
Ministerial Order and any standards and
5
guidelines issued by the Minister; and
(c) a copy of the annual report--
(i) is published and made available to the
local community of the school or group
of schools in relation to which the
10
council is constituted; and
(ii) is given, upon request, to the Secretary
or any other person.
2.3.28 Powers of Auditor-General regarding council
accounts
15
The Auditor-General and any person assisting the
Auditor-General has, in respect of the accounts
kept by a school council in relation to money
coming into the council's hands, all the powers
conferred on the Auditor-General by any law in
20
force now or in the future relating to the audit of
the public accounts.
2.3.29 Use of funds by school council
A school council may use, for any purpose for any
school in relation to which it is constituted, any
25
funding provided to the school that is not provided
for a specified purpose.
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2.3.30 Annual reports
(1) The Secretary must ensure that the financial
statements of the Department prepared in
accordance with section 45 of the Financial
Management Act 1994 include--
5
(a) a consolidation of the information provided
by school councils in their annual report
prepared under section 2.3.27; and
(b) any other information in respect of school
councils required by the Minister responsible
10
for administering the Financial
Management Act 1994.
(2) The Minister must ensure that the report of
operations of the Department prepared in
accordance with section 45 of the Financial
15
Management Act 1994 includes--
(a) a summary of the information provided by
school councils in their annual report
prepared under section 2.3.27; and
(b) any other information in respect of school
20
councils required by the Minister responsible
for administering the Financial
Management Act 1994.
Division 8--General
2.3.31 Limitation on commencement of legal proceedings
25
A school council must not, without the written
consent of the Minister, commence in any court or
tribunal or before any person acting judicially
(within the meaning of the Evidence Act 1958) a
legal proceeding (including a proceeding for an
30
order in the nature of prohibition, certiorari or
mandamus or for a declaration or injunction or for
any other relief) against any of the following--
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(a) the Crown in right of the State;
(b) the State;
(c) any Minister of the Crown in right of the
State;
(d) any officer or employee of the Crown in
5
right of the State in respect of any duties
performed in his or her official capacity;
(e) an authority or public body within the
meaning of the Financial Management Act
1994.
10
2.3.32 Indemnity for school council members
The Crown must indemnify a person who is or has
been a member of a school council constituted
under this Division or section 13 of the Education
Act 1958 as in force immediately before the
15
commencement of this section against any
liability in respect of any loss or damage suffered
by the council or any other person in respect of
anything necessarily or reasonably done or
omitted to be done by the member or former
20
member in good faith--
(a) in the exercise of a power or the performance
of a function of a member; or
(b) in the reasonable belief that the act or
omission was in the exercise of a power or
25
the performance of a function of a member.
__________________
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Part 2.4--Government Teaching Service
s. 2.4.1
PART 2.4--GOVERNMENT TEACHING SERVICE
Division 1--Preliminary
2.4.1 Definitions
In this Part--
"classification" includes the division, class,
5
subdivision or grade in which an employee
or work is placed and the title (if any) by
which a position is designated;
"employee" means an on-going employee or a
temporary employee in the teaching service;
10
"member of the Principal Class" means a
member of the teaching service who holds an
on-going position which has been classified
to be a position in the Principal Class by the
Secretary;
15
"Merit Protection Board" means a Merit
Protection Board established under
Division 7;
"on-going employee" means a person who is
employed in the teaching service with no
20
date fixed for the termination of that
employment;
"registered", in relation to a person employed in
the teaching service, means registered under
Part 2.6 and includes permitted to teach
25
under Part 2.6 but does not include a person
who holds non-practising registration under
that Part;
"relevant criteria" means the criteria specified
by Ministerial Order;
30
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"teacher" means a person employed in the
teaching service for teaching in a
Government school but does not include a
teacher's aide or assistant teacher;
"temporary employee" means a person engaged
5
in--
(a) a casual position in the teaching
service; or
(b) a fixed term position with no
entitlement to on-going employment at
10
the end of the fixed term.
Division 2--Employment in teaching service
2.4.2 Application of Federal awards and agreements
Employment in the teaching service under this
Part is subject to any relevant award or agreement
15
under, or continued in force by, a law of the
Commonwealth.
2.4.3 Employment of teachers, principals and other staff
(1) For the purposes of this Act, there shall be
employed by the Secretary on behalf of the Crown
20
in the teaching service--
(a) teachers; and
(b) principals and assistant principals; and
(c) persons engaged or employed as teacher
aides, assistant teachers or to perform
25
professional, administrative, clerical or
computing or technical duties in schools; and
(d) any person in any other category of staff
declared by Ministerial Order to be staff in
schools who may be employed by the
30
Secretary; and
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(e) any other persons who are necessary for the
purposes of this Act.
(2) The Secretary, on behalf of the Crown, has all the
rights, powers, authorities and duties of an
employer in respect of employees in the teaching
5
service.
(3) Without limiting sub-section (2), the Secretary
may--
(a) create, abolish or otherwise deal with any
position in the teaching service;
10
(b) employ as many persons as are required for
the exercise of the functions of the teaching
service;
(c) employ those persons as on-going employees
or temporary employees;
15
(d) assign work to employees;
(e) issue lawful instructions that must be
observed by employees;
(f) determine the remuneration (including an
increase or reduction in remuneration) and
20
other terms and conditions of employment of
any individual employee;
(g) pay allowances, bonuses or gratuities to
employees;
(h) transfer employees to other duties in the
25
teaching service;
(i) suspend employees from duty with pay;
(j) terminate the employment of employees;
(k) second employees to other bodies or take
persons on secondment from other bodies;
30
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(l) authorise periods of leave of absence for
employees or make payments to employees
or their legal personal representative in lieu
of leave;
(m) do anything else authorised by this Part.
5
2.4.4 Filling of vacant positions
(1) If a position is vacant or is about to become
vacant, the Secretary may--
(a) take steps to employ, transfer or promote a
person to fill the vacancy under this Part; or
10
(b) assign for a specified period a qualified
person to fill the vacancy.
(2) In the selection of a person to fill a vacant
position, the Secretary must have regard to any
relevant criteria.
15
2.4.5 Public notices
(1) The Secretary must not employ a person in an on-
going position in the teaching service under this
Part unless public notice of the vacancy in the
position or proposed position has been published
20
at least once.
(2) Sub-section (1) does not apply--
(a) to employment as an ongoing employee
without a position; or
(b) if public notice is not required by any
25
relevant award or agreement under, or
continued in force by, a law of the
Commonwealth; or
(c) to assignments for specific periods; or
(d) to administrative transfers; or
30
(e) to transfers pending disciplinary action under
this Act; or
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(f) if, in the opinion of the Secretary, it is not in
the public interest or efficient to publish a
notice.
2.4.6 Secretary to consider recommendation of school
council
5
(1) In the case of a vacancy in the position of
principal in a school, the Secretary must, in
accordance with any Ministerial Order, take into
account the recommendation of the school council
of the school or, if there is no school council, the
10
recommendation of a committee approved by the
Minister as representing the local community,
when deciding on a person to employ to fill the
vacancy.
(2) In making a recommendation for the purposes of
15
sub-section (1), the school council or committee
(as the case may be) must proceed in the manner
determined by Ministerial Order.
2.4.7 Eligibility for employment
(1) A person is not eligible for employment in any
20
position of the teaching service unless the person
satisfies the eligibility criteria set out in a
Ministerial Order.
(2) A person who has, at any time, in Victoria or
elsewhere, been convicted or found guilty of a
25
sexual offence is not eligible for employment in
any position in the teaching service.
(3) A person is not eligible for employment as a
teacher in the teaching service unless the person is
registered under Part 2.6.
30
(4) A Ministerial Order may specify the qualifications
or experience necessary for appointment to any
position or class or grade of position.
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(5) A person who is not a member of the teaching
service may apply to a Merit Protection Board for
a review of the Secretary's decision if the
Secretary has refused to employ the person in the
teaching service on the grounds that he or she
5
does not possess the qualifications or experience
required by a Ministerial Order necessary for
employment to an on-going position in the
teaching service.
2.4.8 Employment to be on probation
10
(1) A person may be employed in a position in the
teaching service on probation in accordance with a
Ministerial Order.
(2) A person employed in the teaching service on
probation remains a probationer until his or her
15
employment is confirmed or annulled in
accordance with the Ministerial Order.
(3) The Secretary may annul the employment of a
person at any time while he or she is a
probationer.
20
2.4.9 Term of employment
(1) A person may be employed as an employee in the
teaching service in an on-going position or in a
fixed term position for a specified term not
exceeding 5 years.
25
(2) An employee employed in a fixed term position
ceases to be employed at the end of the term
unless the person becomes an on-going employee
without a position in accordance with section
2.4.42 or is employed in another position.
30
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2.4.10 Reclassification of a position
(1) If an on-going position in the teaching service is
reclassified--
(a) the position becomes vacant; and
(b) the holder of the position immediately before
5
the reclassification becomes an on-going
employee without a position.
(2) Sub-section (1) does not apply if--
(a) the Minister certifies that there is no other
position having the same classification and
10
designation as the position to be
re-classified; or
(b) the re-classification is certified by the
Minister to be a result of a general
re-classification of on-going positions of
15
that class.
2.4.11 Progression of salary or wages
(1) If a Ministerial Order makes provision for the
progression of salary or wages for an employee
the Secretary may grant to the employee the salary
20
or wages progression.
(2) An employee who feels aggrieved by the failure
or refusal of the Secretary to grant a salary or
wages progression may appeal as prescribed
against that failure or refusal to a Merit Protection
25
Board.
(3) A Merit Protection Board may grant or refuse to
grant the employee the salary or wages
progression.
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Division 3--The Principal Class
2.4.12 Definitions
(1) In this Division--
"approved" means approved or authorised by or
in accordance with a Ministerial Order either
5
generally or in relation to any member of the
Principal Class or class of member of the
Principal Class;
"contract of employment" means a contract of
employment under this Division between a
10
member of the Principal Class and the
Secretary;
"employment benefit" means--
(a) contributions payable by the Crown to a
superannuation scheme or fund
15
established by or under an Act or
approved for the purposes of this
definition in respect of a member of the
Principal Class including any liability
of the Crown to make any such
20
contributions or to pay approved costs
associated with that scheme or fund; or
(b) the entitlement of a member of the
Principal Class to approved leave with
pay; or
25
(c) any other approved benefit of a private
nature provided to a member of the
Principal Class at the cost of the
Crown;
"monetary remuneration" includes allowances
30
paid in money but does not include--
(a) travelling or subsistence allowances; or
(b) allowances in relation to relocation
expenses; or
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s. 2.4.13
(c) any other allowances in relation to
expenses incurred in the discharge of
the duties of a member of the Principal
Class;
"remuneration package" means the
5
remuneration package for a member of the
Principal Class or a class of member of the
Principal Class determined in accordance
with a Ministerial Order.
(2) In this Division, a reference to the remuneration
10
package for a member of the Principal Class is a
reference to--
(a) the amount set out in the contract of
employment; or
(b) in any other case, the minimum amount
15
within the range of remuneration packages.
2.4.13 Classification of positions in the Principal Class
There is established within the teaching service a
Principal Class consisting of members of the
teaching service who hold positions which have
20
been declared by Ministerial Order to be positions
in the Principal Class.
2.4.14 Contract of employment
(1) Subject to this Act, the employment of a member
of the Principal Class must be governed by a
25
contract of employment between the member and
the Secretary.
(2) The contract must be in writing and be signed by
or on behalf of the Secretary and by the member.
(3) A contract of employment must specify the date
30
on which it expires which must not be more than
5 years after the date on which it came into force.
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(4) Subject to this Act, a member of the Principal
Class--
(a) holds a position in the Principal Class while
a contract of employment to which he or she
is a party remains in force for that position;
5
and
(b) continues to hold that position if a
subsequent contract of employment is
entered into for that office by him or her and
the Secretary.
10
(5) A contract of employment may be varied at any
time by a further contract between the parties.
(6) The term of the contract may not be increased
beyond 5 years.
(7) A contract of employment may not vary or
15
exclude a provision of the Public Administration
Act 2004 or this Part except sections 2.4.24 to
2.4.27.
2.4.15 Matters regulated by a contract of employment
(1) A contract of employment between a member of
20
the Principal Class and the Secretary may contain
provisions concerning some or all of the terms and
conditions of employment including--
(a) the duties of the member's position
(including performance criteria for the
25
purpose of reviews of the member's
performance);
(b) accountability requirements, including
specifying any person to whom the member
is responsible in respect of specified matters;
30
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(c) the monetary remuneration and employment
benefits for the member (including the
nomination of the amount of the
remuneration package, if a range of amounts
has been specified by Ministerial Order for
5
the remuneration package);
(d) the date on which it expires;
(e) payment of any performance-related
incentive allowance;
(f) hours of duty;
10
(g) transfer to any other on-going position in the
teaching service including a position of a
lesser class or grade if the member's contract
of employment is terminated;
(h) termination of the contract upon notice by
15
the member;
(i) the procedures to be followed to prevent or
settle claims, disputes or grievances that
arise during the currency of the contract.
(2) A contract of employment may provide for any
20
matter to be determined--
(a) by further agreement between the parties; or
(b) by further agreement between the member
and some other person specified in the
contract; or
25
(c) by the Minister or some other person or body
specified in the contract.
2.4.16 Monetary remuneration and employment benefits
(1) A member of the Principal Class is entitled to
monetary remuneration at the rate and to the
30
employment benefits of the kinds provided in his
or her contract of employment.
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(2) The total amount of--
(a) the annual rate of monetary remuneration;
and
(b) the annual cost to the Crown of employment
benefits--
5
for a member of the Principal Class under his or
her contract of employment must be equal to the
amount of the remuneration package for that
member.
(3) The cost of an employment benefit is the
10
approved amount or an amount calculated in the
approved manner.
(4) This section does not affect--
(a) any performance related incentive payment
made to a member of the Principal Class in
15
accordance with his or her contract of
employment; or
(b) any remuneration or benefits to which a
member of the Principal Class is entitled by
law in addition to those arising under the
20
contract of employment.
(5) During any period when the monetary
remuneration and employment benefits for a
member of the Principal Class cannot be
determined under sub-section (1), the member is
25
entitled to monetary remuneration at the rate of
the amount of remuneration package for the
member, subject to any subsequent adjustment of
payments in accordance with the contract of
employment of the member.
30
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(6) If the remuneration package for a member of the
Principal Class is varied, the member is entitled to
monetary remuneration and employment benefits
in accordance with the contract of employment of
the member, pending any necessary variation of
5
the contract and subsequent adjustment of
payments in accordance with the contract as
varied.
2.4.17 Travelling and subsistence allowances etc.
A member of the Principal Class is entitled to be
10
paid--
(a) any travelling or subsistence allowances; and
(b) any allowances in relation to relocation
expenses; and
(c) any other allowances in relation to expenses
15
incurred in the discharge of his or her
duties--
in accordance with a Ministerial Order.
2.4.18 Performance review of a member of the Principal
Class
20
(1) The Secretary may review the performance of a
member of the Principal Class.
(2) The review must--
(a) be conducted in accordance with the
principles (if any) determined under sub-
25
section (3); and
(b) have regard to any performance criteria
contained in the member's contract of
employment.
(3) The Secretary may determine principles to govern
30
the conduct of any review under this section.
(4) The Secretary must ensure that any principles
determined under sub-section (3) are published.
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(5) Nothing in this section prevents an inquiry into a
member's performance being conducted at any
time if required for the purposes of Division 8
or 10.
2.4.19 Termination of a contract of employment
5
(1) A contract of employment may be terminated--
(a) in accordance with the terms of the contract;
or
(b) if the member's position is abolished or the
member is dismissed or removed from the
10
position or the member's employment is
terminated or the member is reduced to a
lower division, class, subdivision or grade or
the member retires or resigns or has his or
her services dispensed with in accordance
15
with this Act or the Public Administration
Act 2004; or
(c) if the member ceases to be a member of the
teaching service; or
(d) in the absence of anything to the contrary in
20
the contract, by either party to the contract
giving 12 weeks notice of termination to the
other party.
(2) If a contract of employment of a member of the
Principal Class expires or is terminated and the
25
member does not enter into a further contract of
employment, the member ceases to hold the
position as a member of the Principal Class on the
expiry or termination of the contract and becomes
an on-going employee of the teaching service
30
without a position unless the member is no longer
a member of the teaching service or the Secretary
makes a direction under sub-section (4).
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(3) If a member becomes an on-going employee
under sub-section (2)--
(a) the Secretary may direct the employee to
carry out any of the duties of an on-going
position in the Principal Class or may
5
transfer the employee to any other on-going
position in the teaching service (including a
position with terms and conditions of
employment less favourable to the
employee) that the Secretary considers
10
appropriate; or
(b) if the employee's contract of employment
makes provision about transfer to an on-
going position in the teaching service upon
becoming an on-going employee without a
15
position, the Secretary must act in
accordance with that provision--
and the terms and conditions of employment
applicable to that position apply to the employee.
(4) If the contract of employment of a member of the
20
Principal Class is terminated or expires, the
Secretary may direct the member to carry out any
of the duties of an on-going position in the
Principal Class without the member entering into
a subsequent contract of employment for any
25
period determined by the Secretary not exceeding
12 months.
(5) If no contract has been entered into at the end of
that period the member becomes an on-going
employee without a position and sub-section (3)
30
applies to that member.
(6) If a direction is given under sub-section (4), the
member is entitled to receive the remuneration
package that applied to the member's former
position for the period determined by the
35
Secretary under sub-section (4).
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(7) A person is not entitled to any compensation for
termination of a contract of employment under
sub-section (1).
(8) A person who becomes an on-going employee
under sub-section (2) or (4) is not entitled to any
5
compensation for ceasing to hold a position as a
member of the Principal Class.
2.4.20 Vacancy of Principal Class position
(1) The position of a member of the Principal Class
becomes vacant if--
10
(a) the employment to that position expires or is
terminated or the member's contract of
employment expires or is terminated,
without a subsequent contract having been
entered into for that position; or
15
(b) the member is removed from that position or
is dismissed from the teaching service or has
his or her services dispensed with under this
Act or the Public Administration Act 2004;
or
20
(c) the member retires or resigns in writing
addressed to the Secretary.
(2) This section does not affect any other provision by
or under which a member of the Principal Class
vacates his or her position.
25
2.4.21 Contracts prevail in certain circumstances
If a member of the Principal Class enters into a
contract of employment, the contract prevails to
the extent of any inconsistency between--
(a) the contract and sections 2.4.24 to 2.4.27;
30
(b) the contract and any Ministerial Order except
a Ministerial Order specifying remuneration
packages.
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2.4.22 Certain legal proceedings excluded
(1) Proceedings for an order in the nature of
prohibition, certiorari or mandamus or for a
declaration or injunction or for any other relief do
not lie in respect of the employment of, or failure
5
to employ, a person to a position in the Principal
Class, the entitlement or non-entitlement of a
person to be so employed or the validity or
invalidity of any such employment.
(2) This section does not prevent a person applying to
10
a court for review of a decision relating to the
employment of a member of the Principal Class
other than in relation to a matter referred to in
sub-section (1).
2.4.23 Division 5 of Part 3 of Public Administration Act
15
2004 not to apply
Nothing in Division 5 of Part 3 of the Public
Administration Act 2004 applies to a position in
the Principal Class declared under this Act or to a
member of the Principal Class.
20
Division 4--Leave and Other Entitlements
2.4.24 Leave of absence and pay in lieu
(1) An employee is entitled in accordance with a
Ministerial Order to leave of absence authorised
by Ministerial Order.
25
(2) The legal personal representative of an employee
who dies is entitled to be paid any salary, wages
or other emolument in accordance with a
Ministerial Order in respect of any period of leave
the deceased employee had become entitled to
30
before death.
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2.4.25 Long service leave
(1) An employee in the teaching service who has
served for 10 years is entitled in accordance with a
Ministerial Order to be granted 3 months' long
service leave with pay in respect of that period of
5
10 years' service and one and a half months long
service leave with pay in respect of each
additional period of 5 years of completed service.
(2) Despite sub-section (1), a Ministerial Order may
provide that an employee who has served for any
10
period less than 10 years is entitled to be granted
the long service leave with pay specified by the
Ministerial Order in respect of that period of
service.
(3) If an employee in the teaching service is entitled
15
to a period of long service leave with pay, the
Secretary may, at the request of the employee,
allow the employee to take the whole or any part
of the long service leave at half pay for a period
equal to twice the whole or part, as the case may
20
be, of the period to which the employee is so
entitled.
(4) If--
(a) on account of age or ill-health an employee
resigns, retires or has their services
25
terminated; or
(b) an employee dies--
that employee is in accordance with a Ministerial
Order entitled, or (in the case of death) is deemed
to have been entitled, to be granted by the
30
Secretary--
(c) if the period of service is not less than
4 years but less than 10 years, then in respect
of the period of service;
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(d) if the period of service is more than 10 years,
then (in addition to any entitlement under
sub-section (1)) in respect of any part of the
period of service which does not give rise to
any entitlement under sub-section (1)--
5
an amount of long service leave with pay that
equals one-fortieth of the period of service.
(5) The Secretary has discretion as to the time of
granting any leave under this section so that the
teaching service will not be unduly affected by the
10
granting of the leave to numbers of employees at
or about the same time.
(6) If on account of age or ill-health an employee
retires or has their services terminated that
employee may, by notice in writing to the
15
Secretary, elect to take pay in lieu of the whole or
any part of the leave to which he or she is then
entitled and the Secretary must grant the employee
pay instead of leave accordingly.
(7) If an employee entitled to long service leave or to
20
pay in lieu of long service leave dies before or
while taking the leave or (as the case may be)
before the pay in lieu is paid the Secretary must to
the extent that pay instead of leave has not already
been paid to that employee grant pay instead of
25
leave of the whole or part of the leave not taken or
(as the case may be) grant the pay instead of leave
to the legal personal representative of the
deceased employee.
(8) For the purposes of this section and section 2.4.26
30
any person holding Government office or an
office in the service of a prescribed public
statutory body which upon a recommendation of
the Minister is certified by Order of the Governor
in Council to be an office substantially similar to a
35
position in the teaching service is deemed to be an
on-going employee in the teaching service.
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(9) A person may be deemed to be an employee in the
teaching service under sub-section (8) despite that
by virtue of any enactment (whether passed before
or after this sub-section becomes law) he or she,
as the holder of a Government office or office in
5
the service of a public statutory body (as the case
may be), is not subject to this Act.
(10) The nature of the service and the computation of
the period of service which entitled employees to
be granted long service leave and the method of
10
computing pay under this section is to be as
specified in a Ministerial Order and, without
affecting the generality of the foregoing, a
Ministerial Order may provide that any service--
(a) in any Government office (whether an office
15
in the Government of Victoria or of another
State or of the Commonwealth); or
(b) with any specified authority, institution or
similar body, whether in Victoria or
elsewhere--
20
is, or is in certain circumstances, to be taken into
account, entirely or to a certain extent in
computing the period of service.
(11) In the computation of the period of long service
leave or pay in lieu of leave to which an employee
25
is entitled under this section there shall be taken
into account any long service leave or pay instead
of leave already granted to the employee.
(12) For the purposes of this section, the services of an
employee are deemed to be terminated--
30
(a) on account of age, if on or after attaining the
age of 55 years he or she ceases to be an
employee;
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(b) on account of ill-health, if he or she produces
to the Secretary satisfactory evidence that
ceasing to be an employee is due to ill-health
that is likely to be permanent.
2.4.26 Payment instead of long service leave
5
(1) Despite anything in section 2.4.25 if--
(a) an on-going employee with service
amounting to not less than 10 years resigns
or is dismissed or has his or her services
dispensed with; or
10
(b) a temporary employee with service
amounting to not less than 10 years resigns
or for any reason other than age or ill-health
has his or her service terminated--
the Secretary, on the written application of the
15
employee must, in lieu of long service leave with
pay, grant the payment to the employee of a sum
calculated by the Secretary in accordance with a
Ministerial Order.
(2) If a Ministerial Order does not provide for a
20
calculation for the purposes of this section, the
Secretary must pay a sum calculated by the
Secretary which shall not in such a case exceed a
sum representing pay for service equal to one-
fortieth of the period of service.
25
(3) No payment under sub-section (1) is to be made
for any part of the period of service in respect of
which long service leave with pay or pay in lieu of
leave has been taken by the employee.
2.4.27 Work of a higher or lower class or grade
30
(1) An employee must not be assigned to act in a
position of a class or grade higher than that which
he or she holds for a period longer than 3 months
unless the Secretary has consented to the
assignment for a longer period.
35
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(2) If an employee is assigned in accordance with
sub-section (1) for a period longer than 5 working
days the Secretary must grant to the employee an
appropriate allowance as determined in
accordance with a Ministerial Order in respect of
5
the assignment.
(3) If an employee is performing work in a lower
class or grade than that corresponding to the
employee's classification the Secretary must
transfer the employee as soon as practicable to
10
some other position corresponding with his or her
classification.
2.4.28 Gratuity
The Secretary may certify that an employee in the
teaching service is entitled in accordance with a
15
Ministerial Order to a gratuity in respect of
definite special work performed by that employee.
2.4.29 Rent charged to employees
If an employee is allowed to use for the purpose
of residence any building belonging to the State,
20
the Secretary may deduct a fair and reasonable
rent that is fixed by Ministerial Order from the
salary or wages of the employee.
2.4.30 Restriction on employees doing other work
(1) Except with the express permission of the
25
Secretary, a full time employee must not--
(a) engage in any other paid employment; or
(b) carry on any business, profession or trade.
(2) A part-time employee must not engage in any
other paid employment or carry on any business,
30
profession or trade that, in the opinion of the
Secretary, conflicts with the proper performance
of the employee's duties.
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(3) Permission given to an employee under this
section may be withdrawn by notice in writing
given to the employee by the Secretary.
(4) Nothing in this section prevents an employee
from--
5
(a) holding shares, or an interest in shares, in a
company (within the meaning of the
Corporations Act); or
(b) becoming a member of an incorporated
association within the meaning of the
10
Associations Incorporation Act 1981.
2.4.31 Saving of rights of persons holding Government
office
(1) Sub-section (2) applies to a person who ceases to
hold an office of a type specified by Ministerial
15
Order if that person--
(a) was immediately before his or her
employment to that office, an employee; and
(b) has continuously held an office of a type
specified by Ministerial Order since the
20
person ceased to be an employee.
(2) A person referred to in sub-section (1) under the
age of 65 years, is entitled to be re-employed by
the Secretary to an on-going position in the
teaching service with a classification and
25
emoluments corresponding with or higher than
those the person enjoyed in the position in the
teaching service which he or she last held as if
that service in the office or offices has been
service in the teaching service.
30
(3) Nothing in this or any other Act regulating or
restricting the employment of persons to positions
in the teaching service applies to employment by
the Secretary under this section.
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2.4.32 Retirement through ill-health--long service leave
(1) The Secretary may, on application under sub-
section (2), direct that, for the purposes of
section 2.4.25, an on-going employee who ceases
to be an on-going employee on account of ill-
5
health shall be deemed to have retired on account
of ill-health.
(2) An on-going employee may apply for a direction
under sub-section (1) by producing to the
Secretary satisfactory evidence that the on-going
10
employee ceasing to be an on-going employee is
due to ill-health which is likely to be permanent.
2.4.33 Retirement
An employee who has attained the age of 55 years
is entitled, to retire from the teaching service.
15
2.4.34 Absence from duty
(1) An on-going employee who is absent from duty
for a period of 3 months (including school
holidays) otherwise than on leave granted under
this or any other Act ceases to be an employee in
20
the teaching service.
(2) If a person ceases to be an employee under sub-
section (1), he or she may at any time after
ceasing to be an employee apply in writing to the
Secretary to be reinstated.
25
(3) If the Secretary directs in writing that the person
be reinstated, he or she is to be treated as not
having ceased to be an employee.
2.4.35 Fines to be stopped from salary
The Secretary on receiving notice of any
30
pecuniary penalty imposed under the authority of
this Act must deduct the amount from the salary
of the employee incurring the penalty or from any
payment made by the Secretary on account of
salary to the employee incurring the penalty.
35
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2.4.36 No claim for compensation
An employee is not entitled to any compensation
as a result of--
(a) the termination of his or her employment; or
(b) his or her salary being reduced--
5
in accordance with this Act or a Ministerial Order.
Division 5--Transfers Between Teaching Service and Public
Service
2.4.37 Transfer etc. from teaching service to public service
For the purposes of a transfer or promotion to
10
employment within the public service, an
employee in the teaching service is to be treated as
being an employee in the public service having
the designation corresponding to employment in
the public service as the State Services Authority
15
determines to be appropriate to his or her duties.
2.4.38 Transfer etc. from public service to teaching service
For the purposes of a transfer or promotion to a
position within the teaching service an employee
in the public service is to be treated as being an
20
employee in the teaching service having the
designation corresponding to that of the position
in the teaching service that the Secretary
determines to be appropriate to his or her duties.
2.4.39 Rights in the public service preserved
25
If an employee who immediately before his or her
employment under this Act, was an employee in
the public service, is employed in a position in the
teaching service, the rights under the Public
Administration Act 2004 which the employee
30
preserves or retains are by this section declared to
be rights in respect of--
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(a) leave on the ground of illness; and
(b) long service leave or pay in lieu of leave
(including pay to dependants on the death of
the employee)--
to which from time to time he or she would be
5
entitled if he or she had remained an employee in
the public service and had not been employed in
the teaching service under this Act.
2.4.40 Rights under this Act preserved
If an employee who immediately before his or her
10
employment in the public service was an
employee in the teaching service, is employed in
the public service, the rights under this Act which
the employee preserves or retains are by this
section declared to be rights in respect of--
15
(a) leave on the ground of illness; and
(b) long service leave or pay in lieu of leave
(including pay to dependants on the death of
the employee)--
to which from time to time he or she would be
20
entitled if he or she had remained an employee of
the teaching service and had not been employed in
the public service.
Division 6--Transfers and Promotions within the Teaching
Service
25
2.4.41 Transfer or promotion of an on-going employee
(1) If an on-going employee is transferred or
promoted to a position which is about to become
vacant, the transfer or promotion does not take
effect unless the position becomes vacant by the
30
date specified in the notice of the transfer or
provisional promotion.
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(2) If the Secretary selects an on-going employee for
promotion to a vacant position the employee is
entitled to decline the promotion if he or she
satisfies the Secretary that there are special
circumstances which make it reasonable for the
5
employee to decline the promotion.
(3) If the Secretary refuses an on-going employee
permission to decline a promotion the employee
may appeal to the Merit Protection Board.
(4) A transfer or promotion under this Division is
10
provisional and must be notified at least once and
is subject to appeal or review as provided in this
Division or Division 7 and does not have effect
pending confirmation of the transfer or promotion.
(5) The Secretary may cancel a provisional promotion
15
at any time before it has been confirmed if the
Secretary is of the opinion that--
(a) the position is redundant; or
(b) the vacancy was not notified at least once; or
(c) there is an employee without a position
20
available to fill the vacancy.
(6) Despite anything in this Act, the Secretary may at
any time cancel a promotion or transfer if satisfied
that the person promoted or transferred does not
possess the qualifications necessary for the
25
position.
(7) If the Secretary has cancelled a promotion or
transfer under sub-section (6) the person
concerned may in accordance with the regulations
appeal to a Merit Protection Board.
30
(8) The Merit Protection Board must hear and
determine the appeal and may allow or dismiss the
appeal.
(9) The Secretary must give effect to a determination
of the Merit Protection Board.
35
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2.4.42 Term of employment
(1) A person may be employed on an on-going basis
and an on-going employee may be transferred or
promoted under this Part to a position for a
specified term not exceeding 5 years.
5
(2) A term of employment under this section may
be renewed for successive terms not exceeding
5 years each.
(3) At the end of the term of employment under this
section, the employee becomes an employee
10
without a position unless the employment is
renewed under sub-section (2) or the employee is
employed in another position.
2.4.43 Employment of members of the Principal Class
Employment by transfer or promotion to a
15
position in the Principal Class must be made
under a contract of employment under Division 3.
Division 7--Appeals
2.4.44 Merit Protection Boards
(1) There are established one or more Boards to be
20
known as Merit Protection Boards.
(2) The functions of the Boards are--
(a) to advise the Minister about principles of
merit and equity to be applied in the teaching
service;
25
(b) to hear reviews and appeals in relation to
decisions made under this Act (except
Division 10) or any other Act;
(c) to advise the Minister or the Secretary about
any matter referred to them by the Minister
30
or the Secretary relating to merit and equity
in the teaching service;
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(d) to hear reviews and appeals in relation to any
decision prescribed by the regulations or
Ministerial Order to be a decision in respect
of which there is a right of review by or
appeal to a Merit Protection Board;
5
(e) to hear reviews and appeals in relation to any
decision of the Secretary if the Secretary has
delegated his or her function or power to
hear reviews and appeals to a Merit
Protection Board.
10
2.4.45 Membership of Boards
(1) A Merit Protection Board consists of 3 members
employed by the Governor in Council of whom--
(a) one shall be the chairperson nominated by
the Minister;
15
(b) one shall be a person nominated by the
Secretary;
(c) one shall be nominated by the Minister after
calling for expressions of interest from
teachers employed in Government schools.
20
(2) The Governor in Council shall appoint one of the
chairpersons to be the senior chairperson of the
Merit Protection Boards.
(3) An appointment as member is for the term, not
exceeding 3 years, specified in the instrument of
25
appointment but a member is eligible for re-
appointment.
(4) A member may resign from office by sending to
the Governor a signed letter of resignation.
(5) The Governor in Council may at any time remove
30
a member of the Board from office.
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2.4.46 Terms and conditions of appointment
(1) A member is appointed subject to any terms and
conditions that are specified in the instrument of
appointment and that are not inconsistent with this
Act.
5
(2) A member is entitled to the remuneration and
allowances (if any) fixed in respect of him or her
from time to time by the Minister.
2.4.47 Acting appointments
(1) The Minister may appoint a person to act in the
10
place of a member who is absent or who is, for
any other reason, unable to perform the duties of
the office.
(2) A person appointed under sub-section (1)--
(a) has all the powers and may perform all the
15
functions and duties of the member for
whom he or she is acting;
(b) is entitled to the remuneration and
allowances (if any) to which the member for
whom he or she is acting would have been
20
entitled for performing those duties;
(c) subject to this section, is subject to the same
terms and conditions of appointment as the
member for whom he or she is acting.
2.4.48 Allocation of work amongst the Boards
25
The senior chairperson is to determine--
(a) the allocation of business to the Boards; and
(b) which Board is to hear a review or appeal.
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2.4.49 Oath of office
Before first serving as a member of a Merit
Protection Board, a member must take an oath or
make an affirmation to the effect that the member
will discharge the duties of office according to
5
law and to the best of the member's knowledge
and ability.
2.4.50 Decisions of Board
(1) A decision of the majority of members of a Merit
Protection Board in relation to an appeal or review
10
is to be treated as the decision of the Board.
(2) A Merit Protection Board must not refuse to hear
an appellant or applicant except by a unanimous
decision.
2.4.51 Reviews
15
(1) An on-going employee who considers that in
accordance with this Division or any Ministerial
Order that he or she has a better claim to be
transferred or promoted to a vacant position in the
teaching service (other than a position of
20
principal) than the employee provisionally
transferred or promoted to that position may,
subject to and in accordance with the regulations,
apply for a review of that provisional transfer or
promotion.
25
(2) Subject to any Ministerial Order, the only grounds
of review are that the procedures followed by the
person or body in making a recommendation to
the Secretary in relation to whom to appoint to fill
the vacant position were not in accordance with
30
the procedures decided by the Minister.
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(3) A Merit Protection Board must review the
provisional transfer or promotion and may--
(a) if it is satisfied that the grounds for review
have been established, make an order
requiring the person or body which made the
5
recommendation to the Secretary to
reconsider the provisional transfer or
promotion; or
(b) make an order that the provisional transfer or
promotion may be confirmed.
10
(4) If, after an order under sub-section (3)(a) has been
complied with, the Secretary makes the same
decision as to whom to appoint to the vacant
position, a Merit Protection Board must further
review the provisional transfer or promotion and
15
may--
(a) if it is satisfied that the same or similar
grounds for review continue to apply in
respect of the provisional transfer or
promotion, make an order requiring that the
20
vacant position be advertised again; or
(b) make an order that the provisional transfer or
promotion may be confirmed.
2.4.52 Determination of Board
(1) A Merit Protection Board must, subject to and in
25
accordance with the regulations, inquire into and
determine the claims of an applicant under
section 2.4.51 or 2.4.54 and those of the employee
provisionally transferred or promoted.
(2) If a Merit Protection Board makes an order that a
30
provisional transfer or promotion may be
confirmed the Secretary must confirm the
provisional transfer or promotion.
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(3) If no application for review is lodged within
14 days after the publication of the provisional
appointment the Secretary must confirm the
provisional transfer or promotion.
(4) An employee is not entitled to apply for a review
5
of any provisional transfer or promotion to a
position if he or she is not qualified for the
position.
(5) An employee is not entitled to apply for a review
in respect of any provisional transfer or promotion
10
to a position if--
(a) in the case where notice of the vacancy was
given, he or she did not apply to be
transferred or promoted to the vacant
position; or
15
(b) he or she did not lodge a notice of
application for review in the prescribed
manner or within the time specified in sub-
section (3)--
unless a Merit Protection Board determines that
20
the failure should be excused in respect of that
employee.
2.4.53 Review of Secretary's decision not to appoint
(1) If a Merit Protection Board receives an application
under section 2.4.7(5), it must subject to and in
25
accordance with the regulations inquire into and
determine the claim of the applicant.
(2) If the Board is satisfied that the grounds for
review are established, it may make an order
requiring the Secretary to reconsider the decision
30
not to appoint the applicant.
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2.4.54 Review of appointment of principal
(1) An on-going employee who--
(a) is eligible for appointment as a principal in a
school; and
(b) considers that in accordance with this section
5
or any Ministerial Order he or she has a
better claim to be transferred or promoted to
a vacant position of principal in a school
than the employee provisionally transferred
or promoted to that position--
10
may subject to and in accordance with the
regulations apply to a Merit Protection Board for a
review of that provisional transfer or promotion.
(2) Subject to any Ministerial Order, the only grounds
for review of a provisional transfer or promotion
15
are--
(a) that the procedures followed by the school
council or committee representing the local
community (as the case may be) in making a
recommendation in relation to whom to
20
employ to fill the vacant position or the
manner in which the Secretary took that
recommendation into account were not in
accordance with the procedures or manner
in a Ministerial Order referred to in
25
section 2.4.6; or
(b) that the provisional transfer or promotion is
manifestly inconsistent with the evidence of
the nature of the vacant position or the
school in which the vacancy occurs or of the
30
qualifications and experience of the applicant
and the employee provisionally transferred
or promoted.
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(3) A Merit Protection Board must review the
provisional transfer or promotion and may--
(a) if it is satisfied that the grounds for review
have been established, make an order
requiring the Secretary and if applicable the
5
school council or committee (as the case may
be) to reconsider the provisional transfer or
promotion; or
(b) make an order that the provisional transfer or
promotion may be confirmed.
10
(4) If, after an order under sub-section (3)(a) has been
complied with, the Secretary makes the same
decision as to whom to employ to the vacant
position, a Merit Protection Board must further
review the provisional transfer or promotion and
15
may--
(a) if it is satisfied that the same or similar
grounds for review continue to apply in
respect of the provisional transfer or
promotion, make an order requiring the
20
vacant office to be advertised again; or
(b) make an order that the provisional transfer or
promotion may be confirmed.
2.4.55 Relevant criteria
Subject to this Act and any Ministerial Order and
25
regulations, in determining any appeal regard shall
be had to relevant criteria in relation to the
employees.
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Division 8--Termination due to incapacity
2.4.56 Termination due to physical or mental incapacity
(1) If the Secretary is satisfied, on an inquiry under
this section, that an employee is incapable of
performing his or her duties on account of
5
physical or mental incapacity, the Secretary may
terminate the employment of the employee.
(2) For the purposes of section 2.4.25, an employee
whose employment is terminated under sub-
section (1) is deemed to have retired on account of
10
ill-health.
(3) The Secretary must establish procedures for the
investigation and determination of an inquiry
under this section.
(4) The Secretary may--
15
(a) nominate a person; or
(b) constitute a Board of Review--
to investigate and report to the Secretary in
connection with an inquiry under this section.
(5) If it is alleged that an employee is incapable of
20
performing his or her duties by reason of physical
or mental incapacity, the Secretary or a person
nominated under sub-section (4)(a) or a Board of
Review constituted under sub-section (4)(b) must
give to the employee--
25
(a) notice in writing of the matters to be
considered by the Secretary; and
(b) an opportunity to provide to the Secretary,
nominated person or Board of Review, as the
case may be, a response in writing to those
30
matters.
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(6) The Secretary must give to an employee who is
the subject of an inquiry under this section notice
in writing that the employee may make a
submission in writing to the Secretary addressing
one or more of the following matters--
5
(a) the grounds on which the employee is
alleged to be incapable of performing his or
her duties on account of physical or mental
incapacity;
(b) whether termination of employment should
10
occur.
(7) A submission under sub-section (6) must be
received by the Secretary not later than 14 days
after the date on which the officer or employee is
given notice in writing of the right to make a
15
submission or any longer period permitted by the
Secretary.
(8) The Secretary must consider any submission made
in accordance with this section before determining
the issue to which the submission, or that part of
20
the submission, relates.
(9) The Secretary may make a determination under
this section without holding an oral hearing.
(10) The Secretary may hold an oral hearing or take the
evidence orally, or permit cross-examination, of
25
all or any witnesses if the Secretary considers it
appropriate to do so, having regard to--
(a) the seriousness of the allegation against the
employee;
(b) any reasons submitted by the employee in
30
support of a request for an oral hearing;
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(c) whether the Secretary considers that an oral
hearing would assist in evaluating the
information submitted on the inquiry;
(d) any other matter that the Secretary considers
relevant.
5
(11) The Secretary must, by notice in writing, advise
the employee of--
(a) the determination of the Secretary on the
inquiry; and
(b) if the Secretary takes action under sub-
10
section (1), the right to appeal to a Merit
Protection Board.
2.4.57 Appeal to Merit Protection Board
(1) If the Secretary makes a determination under
section 2.4.56(1) that an employee is incapable of
15
performing his or her duties on account of
physical or mental incapacity, the employee may
appeal to a Merit Protection Board against the
determination.
(2) A notice of appeal must be lodged with the senior
20
chairperson of the Merit Protection Boards within
14 days after the date on which the employee is
given notice in writing of the determination of the
Secretary.
(3) A notice of appeal must--
25
(a) be in writing; and
(b) be in the prescribed form.
(4) A Merit Protection Board may permit an appeal to
be instituted out of time if it considers that special
circumstances exist.
30
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(5) The Merit Protection Board must hear and
determine the appeal and may--
(a) allow the appeal and order that the employee
be re-instated in the teaching service; or
(b) dismiss the appeal.
5
(6) An employee who is re-instated in the teaching
service must be treated as having had continuous
service in the teaching service.
(7) Any period during which the employee was not
performing the duties of his or her office due to
10
having his or her employment terminated must be
treated as leave without pay.
Division 9--Dismissal and Suspension
2.4.58 Dismissal of disqualified and unregistered teachers
If an employee has, at any time, in Victoria or
15
elsewhere, been convicted or found guilty of a
sexual offence the Secretary must dismiss the
employee from the teaching service.
2.4.59 Suspension and dismissal of unregistered teachers
(1) This section only applies to employees in the
20
teaching service who are required to be registered
as a teacher under Part 2.6.
(2) If an employee in the teaching service is refused
registration under Part 2.6 or has had his or her
registration suspended or cancelled under that
25
Part, the Secretary may suspend the employee
without pay from duty in the teaching service for
the period that the employee's registration is
refused, suspended or cancelled.
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(3) A suspension under sub-section (2) continues at
the Secretary's discretion until--
(a) the employee is registered under Part 2.6; or
(b) the employee is dismissed or removed from
the teaching service.
5
(4) Without limiting the Secretary's powers under
Division 2, the Secretary may dismiss or terminate
the employment of a temporary employee if the
person has been refused registration under Part 2.6
or has had his or her registration suspended or
10
cancelled under that Part.
(5) If an employee--
(a) is refused registration under Part 2.6 or has
had his or her registration under that Part
suspended or cancelled; and
15
(b) remains unregistered for a continuous 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.
20
(6) For the purposes of sub-section (5)(b), any period
during which a person remains unregistered does
not include any period during which the person is
on leave approved by the Secretary.
(7) The Secretary must notify in writing a person
25
whose employment has ceased under sub-
section (5).
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Division 10--Misconduct and Inefficiency
2.4.60 Grounds for action
(1) The Secretary, after investigation, may take action
under this Part against an employee who--
(a) conducts himself or herself in a disgraceful,
5
improper or unbecoming manner in an
official capacity or otherwise; or
(b) commits an act of misconduct; or
(c) during his or her period of service is
convicted or found guilty of a criminal
10
offence punishable by imprisonment or a
fine; or
(d) is negligent, inefficient or incompetent in the
discharge of his or her duties; or
(e) contravenes a provision of this Act or a
15
Ministerial Order made for the purposes of
this Chapter; or
(f) contravenes a requirement by or under any
Act that corporal punishment not be
administered to any Government school
20
student; or
(g) without reasonable excuse, contravenes or
fails to comply with a lawful direction given
to the employee by a person with authority to
give the direction; or
25
(h) without permission and without reasonable
excuse, is absent from his or her duties; or
(i) is unfit on account of character or conduct to
discharge his or her duties.
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(2) In considering the fitness of an employee to
discharge his or her duties, consideration may be
given to any relevant matters including his or her
character and any conduct in which he or she has
engaged (whether before or after becoming an
5
employee).
2.4.61 Action against employee
(1) If the Secretary is satisfied on an inquiry under
this Part that there are one or more grounds under
this Division for taking action against an
10
employee, the Secretary may take one or more of
the following actions against the employee--
(a) a reprimand;
(b) a fine not exceeding 50 penalty units;
(c) a reduction in classification;
15
(d) termination of employment.
(2) The Secretary, by notice in writing, must advise
the employee of--
(a) the determination of the Secretary on the
inquiry; and
20
(b) if the Secretary takes action under sub-
section (1), the right to appeal to a
Disciplinary Appeals Board.
2.4.62 Procedures for investigation and determination of
allegations
25
The Secretary must establish procedures for the
investigation and determination of an inquiry
under this Division.
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2.4.63 Quashing etc. of conviction or finding of guilt
If the Secretary takes action against an employee
on the ground referred to in section 2.4.60(1)(c)
and the conviction or finding of guilt is
subsequently quashed or the employee receives a
5
pardon or the conviction or finding is otherwise
nullified--
(a) the action taken by the Secretary must be set
aside; and
(b) the employee must be re-instated in the
10
teaching service at the same classification as
the employee held before the Secretary took
action; and
(c) the employee must be treated as having had
continuous service in the teaching service;
15
and
(d) any period during which the employee was
not performing the duties of his or her
position due to having been dismissed must
be treated as leave without pay.
20
2.4.64 Suspension from duty
(1) If--
(a) the Secretary reasonably believes that there
may be grounds under this Division for
taking action against an employee; or
25
(b) an employee is charged with a criminal
offence punishable by imprisonment or a
fine--
the Secretary may suspend the employee from
duty, with or without pay, by giving notice in
30
writing to the employee.
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(2) A suspension under sub-section (1) continues, at
the discretion of the Secretary, until the Secretary
has made a determination whether or not to take
action under this Division against the employee.
(3) If the Secretary takes action against an employee
5
who then appeals to a Disciplinary Appeals Board
or a court or tribunal, the Secretary may suspend
the employee from duty, with or without pay, until
the final determination of the appeal.
(4) Before deciding whether to suspend an employee
10
from duty without pay, the Secretary must give
the employee an opportunity to make a
submission in writing to the Secretary addressing
whether suspension without pay should occur.
(5) An employee who is suspended from duty without
15
pay may engage in other employment if the
employee first seeks the permission of the
Secretary to do so.
(6) If an employee is suspended from duty under this
Part and the employment of the employee is
20
subsequently terminated, then unless the Secretary
determines otherwise, the employee forfeits all
salary or wages except any salary or wages due in
respect of a period before the suspension.
(7) If grounds for action against an employee are not
25
established, whether on appeal or otherwise, the
Secretary must--
(a) immediately remove any suspension
imposed in respect of those grounds; and
(b) ensure that the employee is paid any salary
30
or wages due in respect of the period of
suspension, together with any allowances
that the Secretary thinks fit.
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(8) The Secretary must not pay any allowances under
sub-section (7)(b) unless the employee has applied
to the Secretary for the payment of those
allowances.
2.4.65 Investigation
5
(1) The Secretary may nominate a person to
investigate and report to the Secretary in
connection with an inquiry under this Division.
(2) The Secretary or nominated investigator must give
to an employee against whom it is alleged there
10
are grounds under this Division for action--
(a) notice in writing of the alleged grounds; and
(b) written particulars of the alleged grounds;
and
(c) an opportunity to provide to the Secretary or
15
investigator, as the case may be, a response
in writing to the alleged grounds.
(3) The Secretary may request the nominated
investigator to conduct further investigation and
provide a further report to the Secretary at any
20
time during an inquiry under this Division.
2.4.66 Employee may make submissions
(1) The Secretary must give to an employee against
whom it is alleged there are grounds for action
notice in writing that the employee may make a
25
submission in writing to the Secretary addressing
one or more of the following matters--
(a) the alleged grounds;
(b) any action that may be taken by the
Secretary under this Division.
30
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(2) A submission under sub-section (1) must be
received by the Secretary not later than 14 days
after the date on which the employee is given
notice in writing of the right to make a submission
or any longer period permitted by the Secretary.
5
(3) The Secretary must consider any submission made
in accordance with this section before determining
the issue to which the submission, or that part of
the submission, relates.
2.4.67 Secretary need not hold oral hearing
10
(1) The Secretary may determine, without holding an
oral hearing--
(a) whether there are grounds under this
Division for taking action in respect of an
employee; and
15
(b) if the Secretary decides that there are
grounds for taking action, the action, if any,
under this Division to be taken against the
employee.
(2) The Secretary may hold an oral hearing or take the
20
evidence orally, or permit cross-examination, of
all or any witnesses if the Secretary considers it
appropriate, having regard to--
(a) the seriousness of the allegation against the
employee;
25
(b) any reasons submitted by the employee in
support of a request for an oral hearing;
(c) whether the Secretary considers that an oral
hearing would assist in evaluating the
information in support of the allegations;
30
(d) any other matter that the Secretary considers
relevant.
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2.4.68 Appeal
(1) An employee may appeal to a Disciplinary
Appeals Board against a determination of the
Secretary to take action against the employee
under this Division.
5
(2) A notice of appeal must be lodged with the senior
chairperson of the Disciplinary Appeals Boards
within 14 days after the date on which the
employee is given notice in writing of the
determination of the Secretary.
10
(3) A notice of appeal must--
(a) be in writing; and
(b) be in the prescribed form.
(4) A Disciplinary Appeals Board may permit an
appeal to be instituted out of time if it considers
15
that special circumstances exist.
(5) An appeal must be conducted as a re-hearing.
(6) A Disciplinary Appeals Board must hear and
determine the appeal and may--
(a) allow the appeal in whole or in part and vary
20
the decision of the Secretary; or
(b) dismiss the appeal.
2.4.69 Re-instatement or payment instead
(1) If an appeal is allowed in respect of an employee
whose employment in the teaching service has
25
been terminated, the Disciplinary Appeals Board
may order that the employee--
(a) be re-instated in the teaching service; or
(b) be paid an amount not exceeding the greater
of--
30
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(i) the remuneration received by the
employee during the period of 6 months
immediately before the termination; or
(ii) the remuneration to which the
employee was entitled for the period of
5
6 months immediately before the
termination.
(2) An employee who is re-instated in the teaching
service must be treated as having had continuous
service in the teaching service.
10
(3) Any period during which the employee was not
performing the duties of his or her position due to
having his or her employment terminated must be
treated as leave without pay.
2.4.70 Address for service
15
If the current address of an employee is unknown,
the Secretary must ensure that all notices, orders
or communications relating to procedures under
this Division are sent to the last known address of
the employee.
20
Division 11--Disciplinary Appeals Boards
2.4.71 Senior chairperson
In this Division--
"senior chairperson" means the senior
chairperson of the Merit Protection Boards.
25
2.4.72 Establishment of Disciplinary Appeals Boards
(1) There are established one or more Boards to be
known as Disciplinary Appeals Boards.
(2) The function of the Boards is to hear and
determine appeals in relation to decisions of the
30
Secretary made under section 2.4.61.
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2.4.73 Membership of Boards
(1) A Disciplinary Appeals Board consists of
3 members of whom--
(a) one shall be the chairperson and shall be
selected by the senior chairperson from the
5
pool of persons referred to in sub-section
(2)(a); and
(b) one shall be selected by the senior
chairperson from the pool of persons referred
to in sub-section (2)(b); and
10
(c) one shall be selected by the senior
chairperson from the pool of persons referred
to in sub-section (2)(c).
(2) The Governor in Council may appoint to a pool--
(a) persons who have been admitted to legal
15
practice in Victoria for not less than 5 years
and have been nominated by the Secretary;
(b) persons who are on-going employees in the
teaching service and have been nominated by
the Minister after calling for expressions of
20
interest;
(c) persons who have knowledge of or
experience in education, education
administration or public sector
administration and have been nominated by
25
the Secretary.
2.4.74 Terms and conditions of appointment of members
(1) A member of a pool referred to in section 2.4.73
holds office for the period, not exceeding 5 years,
specified in his or her instrument of appointment
30
and is eligible for re-appointment.
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(2) A member of a Disciplinary Appeals Board, other
than a public servant or an employee is entitled to
the remuneration and allowances (if any) fixed in
respect of the member from time to time by the
Minister.
5
(3) The Public Administration Act 2004 (other than
Part 5 or except in accordance with Part 7 of that
Act) does not apply to a member of a pool or a
member of a Disciplinary Appeals Board in
respect of the office of member.
10
2.4.75 Resignation and removal from office
(1) A member of a pool referred to in section 2.4.73
may resign from office by sending to the
Governor a signed letter of resignation.
(2) The Governor in Council may at any time remove
15
a member of a pool from office.
2.4.76 Allocation of work
The senior chairperson is to determine--
(a) the allocation of business to the Disciplinary
Appeals Boards; and
20
(b) which Board is to hear an appeal.
2.4.77 Oath of office
Before first serving as a member of a Disciplinary
Appeals Board, a member must take an oath or
make an affirmation to the effect that the member
25
will discharge the duties of office according to
law and to the best of the member's knowledge
and ability.
2.4.78 Member unable to perform duties
(1) If--
30
(a) the hearing of an appeal before a
Disciplinary Appeals Board has commenced
but not concluded; and
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(b) a member of the Board is absent or for any
other reason is unable to perform the duties
of office--
the remaining members of the Board may
continue to hear and determine the appeal in the
5
absence of that member.
(2) The decision of the remaining members in relation
to the appeal must be unanimous.
2.4.79 Decisions of Board
(1) A decision of the majority of members of a
10
Disciplinary Appeals Board in relation to an
appeal is to be treated as the decision of the
Board.
(2) A Disciplinary Appeals Board must not refuse to
hear an appellant except by a unanimous decision.
15
2.4.80 Conduct of proceedings
(1) A Disciplinary Appeals Board may allow an
employee to appear before the Board personally or
by a legal or other representative.
(2) All proceedings before a Disciplinary Appeals
20
Board--
(a) must be conducted without regard to legal
formalities; and
(b) must be directed by the best evidence
available, whether or not it is the best
25
evidence that the law in other cases admits,
requires or demands.
Division 12--General
2.4.81 Medical examination
(1) For the purpose of ascertaining the fitness of an
30
employee--
(a) to perform his or her duties; or
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(b) to participate in any procedures under this
Act relating to the employee--
the Secretary may direct the employee to submit
to a medical examination by a qualified medical
practitioner nominated by the Secretary.
5
(2) An employee must comply with a direction made
under sub-section (1).
2.4.82 Immunity
(1) A member of a Merit Protection Board or a
Disciplinary Appeals Board is not personally
10
liable for anything done or omitted to be done in
good faith--
(a) in the exercise of a power or the discharge of
a duty under this Act; or
(b) in the reasonable belief that the act or
15
omission was in the exercise of a power or
the discharge of a duty under this Act.
(2) Any liability resulting from an act or omission
that would but for sub-section (1), attach to a
member of the Board, attaches instead to the
20
Crown.
2.4.83 Publication requirements
If there is a requirement under this Part to
advertise or publish a notice or other matter, that
requirement is to be construed, in the absence of a
25
contrary intention, as a requirement to advertise or
publish the notice or other matter generally
throughout Government schools and offices of the
Department in Victoria.
__________________
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PART 2.5--VICTORIAN CURRICULUM AND ASSESSMENT
AUTHORITY
Division 1--Preliminary
2.5.1 Definitions
In this Part--
5
"Authority" means the Victorian Curriculum and
Assessment Authority continued in operation
by this Part;
"chairperson" means chairperson of the
Authority;
10
"contravention", in relation to a rule, includes a
failure to comply with the rule;
"course" means--
(a) a course normally undertaken in, or
designed to be undertaken in a school
15
in the years from the preparatory year
to year 12 including a course leading to
the issue of the VCE or VCAL; or
(b) a program of study or training leading
to the award or issue of a particular
20
qualification; or
(c) a subject or other part of a program of
study or training leading to the award
or issue of a particular qualification; or
(d) any other study or training notified by
25
the Minister in the Government Gazette
and generally through schools to be a
course for the purposes of this Act;
"curriculum" means the course design including
content, support materials and other learning
30
resources in accordance with course
accreditation;
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"member" means member of the Authority and
includes the chairperson;
"qualification" means the recognition, by the
award or issue of a certificate or otherwise,
that a student has achieved specified learning
5
outcomes or competencies through the
completion of a course;
"review committee" means a committee referred
to in Division 3.
Division 2--Victorian Curriculum and Assessment
10
Authority
2.5.2 Establishment of Authority
(1) The Victorian Curriculum and Assessment
Authority established under the Victorian
Curriculum and Assessment Authority Act
15
2000 continues in operation under and subject to
this Act.
(2) The Authority--
(a) is a body corporate with perpetual
succession;
20
(b) has a common seal;
(c) may sue and be sued in its corporate name;
(d) may acquire, hold and dispose of real and
personal property;
(e) may do and suffer all acts and things that a
25
body corporate may by law do and suffer.
(3) The common seal must be kept as directed by the
Authority and must only be used as authorised by
the Authority.
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(4) All courts must take judicial notice of the imprint
of the common seal on a document and, until the
contrary is proved, must presume that the
document was properly sealed.
2.5.3 Functions of Authority
5
(1) The Authority is responsible for--
(a) developing high quality courses and
curriculum and assessment products and
services;
(b) carrying out functions as a body registered
10
under Chapter 4;
(c) providing linkages that will facilitate
movement between those courses and other
courses.
(2) The functions of the Authority are to--
15
(a) develop policies, criteria and standards for
curriculum, assessments and courses for
school students, including courses leading to
registered qualifications;
(b) develop, evaluate and approve--
20
(i) courses normally undertaken in, or
designed to be undertaken in the school
years 11 and 12 which are accredited
by the Victorian Registration and
Qualifications Authority under
25
Chapter 4 or which could be accredited
under that Chapter and assessment
procedures for those courses; and
(ii) courses for students at other school
years;
30
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(c) oversee the delivery of, and conduct
assessments for, the VCE, VCAL and any
other qualification available to a student in a
school except a qualification in vocational
education and training, further education or
5
higher education that is a registered
qualification;
(d) conduct assessments of students in years 11
and 12 undertaking accredited courses;
(e) arrange with schools and other persons,
10
bodies or agencies providing accredited
courses to conduct, on behalf of the
Authority, school-based assessments of
students in those courses;
(f) approve the establishment of examination
15
centres for the conduct of examinations in
accredited courses and to withdraw approval
of examination centres;
(g) set rules for the conduct of assessments,
including examinations, referred to in
20
paragraphs (d) and (e);
(h) develop and maintain standards for
measuring and reporting on student
performance;
(i) conduct assessments against those standards
25
for measuring and reporting on student
performance;
(j) do any of the following by arrangement with
other persons, bodies or agencies--
(i) design, develop and evaluate a
30
curriculum or course (whether leading
to a registered qualification or not) and
an assessment or assessment method
for the course or any other course
(whether leading to a registered
35
qualification or not);
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(ii) oversee the delivery of the course and
conduct assessments of students
undertaking the course;
(iii) design, develop and evaluate
curriculum and assessment products
5
and services;
(k) conduct investigations and hearings in
accordance with Division 3 and, if necessary,
amend or cancel assessments in accordance
with that Division;
10
(l) monitor--
(i) patterns of participation by school
students in courses; and
(ii) the quality of outcomes of courses for
school students;
15
(m) advise the Victorian Registration and
Qualifications Authority about patterns of
participation and quality of outcomes
referred to in paragraph (l) relating to
courses in schools normally undertaken in
20
years 11 to 12 including VET in Schools
courses and the qualifications relating to
those courses;
(n) give advice or make recommendations to the
Minister about any educational policy or
25
strategy relating to its objective or functions;
(o) prepare and maintain records of student
assessment and, on request, provide a copy
of a student's record to the student or a
person authorised by the student to receive it;
30
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(p) make available to the general public
information collected by the Authority on
results of schooling as measured by
assessments of student performance and
other statistical information relating to its
5
functions;
(q) commission or conduct research on matters
related to its functions;
(r) provide professional development activities
related to its functions;
10
(s) provide information services about its
practices and functions;
(t) report on student performance to the
Minister, the Secretary and relevant bodies;
(u) any other function conferred on or delegated
15
to the Authority under this or any other Act.
(3) The Authority may issue a qualification relating
to--
(a) a course undertaken by a school student in
any year up to and including year 10;
20
(b) an accredited course owned by the Authority.
(4) The Authority may recognise the completion of an
accredited course or part of an accredited course
or the award or issue of a registered qualification
by the issue of a written statement or otherwise.
25
2.5.4 Cancellation or alteration of statements
(1) The Authority may cancel or alter a statement
provided under section 2.5.3(4) recognising the
completion of an accredited course or part of an
accredited course by a student or the award or
30
issue of a registered qualification to a student if
the Authority alters the records of the student's
assessment and the alterations affect the
recognition by the Authority of the completion of
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that accredited course or part of that accredited
course by the student or the award or issue of a
registered qualification to the student.
(2) The Authority may issue a new statement or
document in respect of a student referred to in
5
sub-section (1) recognising the completion of an
accredited course or part of an accredited course
by a student or the award or issue of a registered
qualification to a student on the basis of the
records of the student's assessment that have been
10
altered by the Authority.
2.5.5 Powers of Authority
(1) For the purpose of performing its functions, the
Authority may--
(a) enter into contracts, agreements or
15
arrangements;
(b) charge fees (not exceeding any amount fixed
for the purpose by an Order made by the
Governor in Council and published in the
Government Gazette) for services provided
20
by it;
(c) publish and sell any information acquired by
it;
(d) apply for, obtain and hold, whether on its
own behalf or jointly with any other person,
25
any intellectual property rights;
(e) enter into agreements or arrangements for
the commercial exploitation of the rights
referred to in paragraph (d), whether by
assignment, licensing or otherwise;
30
(f) exercise its powers in Victoria and
elsewhere;
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(g) do any other thing that is necessary or
convenient to be done for or in connection
with, or as incidental to, the performance of
its functions including any function
delegated to it.
5
(2) The Authority may require schools and other
persons, bodies or agencies providing accredited
courses--
(a) to submit to the Authority school-based
assessments of students in those courses;
10
(b) to provide to all students undertaking
accredited courses--
(i) the Authority's rules for the conduct of
assessments; and
(ii) any other information specified by the
15
Authority.
(3) The Authority may license or permit a registered
school or other body to provide an accredited
course owned by the Authority or in which the
Authority has a proprietary interest.
20
(4) This section does not limit any other power given
to the Authority by any other provision of this Act
or any other Act.
2.5.6 Membership of Authority
(1) The Authority consists of not less than 8 and not
25
more than 15 members of whom--
(a) one must be the Secretary to the Department
or the person nominated from time to time
by the Secretary;
(b) the remaining members must be appointed
30
by the Governor in Council on the
nomination of the Minister.
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(2) The Governor in Council must appoint as
chairperson of the Authority, the member of the
Authority nominated by the Minister to be
chairperson of the Authority.
(3) The Minister must have regard to a person's
5
experience relevant to the functions of the
Authority in nominating persons for appointment
under sub-section (1)(b).
(4) The members hold office on a part-time basis.
(5) A member may resign from office by delivering to
10
the Governor in Council a signed letter of
resignation.
(6) The Governor in Council may at any time remove
a member from office.
2.5.7 Establishment of committees
15
(1) The Authority must establish a committee to be
known as the executive committee.
(2) The executive committee consists of the
chairperson of the Authority, the Chief Executive
Officer of the Authority and 3 other members
20
nominated by the Minister.
(3) With the approval of the Minister as to
establishment and membership, the Authority
may, to facilitate its functioning, establish any
other committee and appoint members and other
25
persons approved by the Minister to it.
(4) A committee or committees established to hear
matters under Division 3, to be known as a review
committee, must each consist of--
(a) a member of the Authority who is to be
30
chairperson of the committee; and
(b) 2 other persons, who need not be members of
the Authority, approved by the Minister.
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(5) A committee may exercise any power delegated to
the members of the committee by the Authority.
(6) The Minister may approve the appointment of any
person who is not a member of the Authority to be
a member of a committee, other than the executive
5
committee, established under this section.
(7) A person appointed to a committee after approval
by the Minister under sub-section (6), other than a
person referred to in sub-section (8), is entitled to
be paid--
10
(a) any remuneration that is fixed from time to
time by the Governor in Council; and
(b) allowances for travelling and personal
expenses at the rates and on the conditions
applicable to employees of the public
15
service.
(8) Sub-section (7) does not apply to a person who
holds a full-time Government office or a full-time
position in the public service, teaching service or
with a statutory authority and whose travelling
20
and personal expenses are met through that office
or position.
2.5.8 Schedule 2
Schedule 2 has effect subject to any contrary
intention in this Part.
25
2.5.9 Delegation of Authority's power
The Authority may, by instrument under its
common seal, delegate to the members of a
committee established under section 2.5.7, a
member of the Authority, the chief executive
30
officer, or to any other person employed in the
Department in the administration or execution of
this Act any power of the Authority, other than
this power of delegation.
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2.5.10 Victorian Curriculum and Assessment Authority
Fund
(1) The Authority must continue to maintain the Fund
known as the Victorian Curriculum and
Assessment Authority Fund.
5
(2) There must be paid into the Fund--
(a) any investment income received by the
Authority; and
(b) the proceeds of the sale of any investment
made by the Authority; and
10
(c) any fees or other money received by the
Authority.
(3) There must be paid out of the Fund any payment
that is authorised by the Authority to be made out
of the Fund for or towards the costs and expenses
15
of the exercise of powers or performance of
functions by the Authority.
Division 3--Assessments and Assessment Reviews
2.5.11 Special provision in assessments
(1) The Authority may--
20
(a) make, approve or grant special arrangements
for students with special educational needs in
consequence of chronic illness, impairment
or personal circumstances for the conduct of
assessments and examinations referred to in
25
section 2.5.3(2)(d) and (e) including the
modification of the requirements and rules
for the conduct of assessments and
examinations as and to the extent that the
Authority considers appropriate;
30
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(b) make, approve or grant special provision
(including applying an alternative basis of
assessment) for students unable because of
illness, trauma, misadventure, impairment,
personal circumstances or other serious
5
cause to undertake an assessment or
examination including treating the student as
having undertaken the examination or other
form of assessment, as and to the extent the
Authority considers appropriate;
10
(c) make, approve or grant special provision
(including applying an alternative basis of
assessment) for students affected by
examination or assessment irregularities
which occur at or about examination or
15
assessment centres or in respect of
assessments or examinations which
materially interrupt or are likely to adversely
affect a student's performance at an
assessment or examination or the proper
20
assessment of that performance and which
are outside the student's control, as and to the
extent the Authority considers appropriate.
(2) In exercising functions and powers under sub-
section (1) the Authority may--
25
(a) conclude that a student undertaking an
accredited course was seriously affected by
illness, trauma, misadventure, personal
circumstances or other serious cause
(including examination or assessment
30
irregularities) from undertaking an
assessment or examination or was seriously
affected in the student's performance in that
assessment or examination; and
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(b) determine that the student is to be treated, for
the purposes of this Act, as having obtained
in the examination or other form of
assessment a standard or result determined
by the Authority.
5
(3) In determining a standard or result for the
purposes of sub-section (2)(a) or (b), the
Authority may have regard to any evidence that is
available to it relating to the student's participation
in the accredited course of study to which the
10
examination or other form of assessment related.
(4) For the purposes of this section, the Authority
may require a student to--
(a) apply to the Authority within the time and in
the manner required by the Authority; and
15
(b) provide any evidence or information
requested by the Authority to consider the
application.
2.5.12 Authority may investigate certain matters
(1) The Authority may conduct an investigation
20
into--
(a) a suspected contravention of the examination
rules of the Authority; or
(b) an allegation that a student's assessment by
the Authority was obtained by fraudulent,
25
illegal or unfair means.
(2) In conducting an investigation under sub-
section (1), the Authority may nominate a person
on its behalf to interview any student enrolled in
an accredited course.
30
(3) A person nominated to interview a student must
give notice of the interview to the student not less
than 24 hours before the interview.
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(4) Notice of an interview--
(a) need not be in writing; and
(b) may nominate a time and place for the
interview; and
(c) must give particulars of the matter under
5
investigation.
(5) In addition to any other matter discussed at the
interview, the student must be informed of
possible further action by the Authority and
possible consequences to the student.
10
(6) The person who conducts an interview must
submit a written report of the interview to the
chief executive officer of the Authority as soon as
practicable after the interview.
2.5.13 Decision to proceed to hearing
15
(1) The chief executive officer of the Authority may,
after considering a report submitted in accordance
with section 2.5.12(6), make a request to the
Authority that a review committee conduct a
hearing.
20
(2) A person who has participated in the investigation
of a matter is not entitled to be a member of the
review committee hearing the matter.
(3) A student who is required to attend a hearing
before a review committee must have been
25
interviewed in accordance with section 2.5.12.
2.5.14 Assessment may be withheld pending decision
The Authority may withhold the assessment of a
student who is required to attend a hearing before
a review committee until the later of--
30
(a) the decision of the review committee and the
expiry of the period referred to in section
2.5.21(2); or
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(b) if the student applies to an appeals
committee for review of the decision,
notification to the Authority by the appeals
committee of its determination of the
application.
5
2.5.15 Notice of hearing
The chief executive officer of the Authority must
give a student who is required to attend a hearing
before a review committee--
(a) written notice of the hearing not less than
10
7 working days before the hearing is due to
commence; and
(b) copies of the information and documents on
which the Authority intends to rely at the
hearing not less than 5 working days before
15
the hearing is due to commence.
2.5.16 Procedure of review committee
At a hearing--
(a) subject to this Act, the procedure of a review
committee is in its discretion; and
20
(b) the proceedings must be conducted with as
little formality and technicality as the
requirements of this Act and the proper
consideration of the matter permit; and
(c) a review committee is not bound by rules of
25
evidence but may inform itself in any way it
thinks fit; and
(d) a review committee is bound by the rules of
natural justice.
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2.5.17 Cross-examination of witnesses
(1) The cross-examination of witnesses in a hearing
before a review committee is in the discretion of
the review committee.
(2) An exercise of the discretion under sub-section (1)
5
must be consistent with the rules of natural justice.
2.5.18 Legal representation
(1) A student may be represented by a legal
practitioner at a hearing before a review
committee.
10
(2) A review committee may be assisted by a person
nominated by the Authority.
(3) A person assisting a review committee under this
section--
(a) is entitled to be present during the whole of
15
the proceedings; and
(b) must ensure that all relevant information is
put before the review committee but must
not act as prosecutor; and
(c) must advise the review committee on any
20
matter on which it seeks to be advised but
must not adjudicate on the matter before the
review committee.
2.5.19 Decision of review committee
If a review committee is satisfied on the balance
25
of probabilities that a student--
(a) has contravened the examination rules of the
Authority; or
(b) has obtained an assessment by the Authority
by fraudulent, illegal or unfair means--
30
the review committee may--
(c) reprimand the student; or
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(d) amend or cancel the student's grade for the
examination in which the contravention
occurred; or
(e) both--
(i) amend or cancel the student's grade for
5
the examination in which the
contravention occurred; and
(ii) amend or cancel any or all of the
student's assessments in the same study,
including cancellation of satisfactory
10
completion of the study; or
(f) amend or cancel the student's grades for
examinations or other assessments in one or
more other studies, including cancellation of
satisfactory completion of a study; or
15
(g) cancel all the student's grades for
examinations and other assessments
conducted by the Authority during the year
in which the contravention occurred or the
assessment was obtained, including
20
cancellation of satisfactory completion of the
course.
2.5.20 Notification of decision
(1) A review committee must give its decision--
(a) orally at the hearing; and
25
(b) in writing to the student concerned not later
than 7 days after the hearing.
(2) A review committee must set out in its written
decision--
(a) the reasons for its decision; and
30
(b) the findings on material questions of fact that
led to the decision.
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(3) A review committee must notify the Authority
without delay of its decision.
2.5.21 Student may appeal against school decisions etc.
(1) A student at a school may appeal to the Authority
against a decision by the school, and any penalty
5
imposed, in respect of a contravention of the
assessment rules of the Authority relating to
school-based assessments.
(2) An appeal under sub-section (1) must be made by
notice in writing to the chief executive officer of
10
the Authority not later than 14 days after the
student receives written notice of the decision
from the school.
(3) On receipt of a notice of appeal, the chief
executive officer of the Authority must nominate
15
an employee of the Secretary to interview the
parties to the appeal and attempt to resolve the
matter.
(4) Not later than 7 days after the interview, the
school must, by notice in writing, advise the
20
student and the Authority that in relation to the
student--
(a) it has rescinded its decision and any penalty
imposed; or
(b) it has rescinded the penalty imposed; or
25
(c) it has reduced the penalty imposed; or
(d) it confirms both the decision and the penalty
imposed.
(5) If the school rescinds its decision and any penalty
imposed in relation to the student, the student's
30
appeal is taken to have been withdrawn.
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(6) On receipt of a notice under sub-section (4)(b), (c)
or (d), the Authority must request the student to
elect either--
(a) to withdraw the appeal; or
(b) to confirm that the appeal is to proceed.
5
(7) If a student elects to proceed with an appeal, the
chief executive officer of the Authority must refer
the appeal to a review committee for hearing and
determination.
(8) An appeal under this section must be conducted as
10
a re-hearing.
(9) Sections 2.5.15, 2.5.16, 2.5.17, 2.5.18 and 2.5.20
apply to the hearing of an appeal under this
section and in hearing the appeal the review
committee has all the powers that it has in
15
conducting other hearings under this Act.
(10) If a review committee is satisfied on the balance
of probabilities that the student has contravened
the assessment rules of the Authority relating to
school-based assessments, the review committee
20
may--
(a) reprimand the student; or
(b) if practicable, permit the student to re-submit
to the school work required for--
(i) assessment in the study or the course;
25
or
(ii) satisfactory completion of the study or
the course; or
(c) refuse to accept part of the work and request
the school to assess the student on the
30
remainder of the work submitted; or
(d) amend the student's school-based
assessment.
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2.5.22 Review by appeals committee
(1) A student affected by a decision of a review
committee, other than a decision under
section 2.5.21, may apply for review of the
decision by an appeals committee on one or both
5
of the following grounds--
(a) the decision was unreasonable;
(b) the penalty imposed was too harsh.
(2) An application under sub-section (1) must be
made by notice in writing to the chief executive
10
officer of the Authority not later than 14 days after
the day on which the review committee gave its
decision orally at the hearing.
(3) The chief executive officer of the Authority must
refer an application under sub-section (1) to an
15
appeals committee for determination.
(4) A student may make a written submission to the
appeals committee but is not entitled to be heard
in support of the written submission or to appear
before the appeals committee.
20
(5) An appeals committee must review a decision
made by a review committee having regard to all
the documents before the review committee, the
written decision of the review committee and any
written submission made by the student.
25
(6) In determining an application for review of a
decision made by a review committee, an appeals
committee may--
(a) affirm the decision under review; or
(b) vary the decision under review; or
30
(c) set aside the decision under review.
(7) An appeals committee must notify the Authority
without delay of its determination of an
application for review under this section.
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(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.
2.5.23 Appointment of appeals committee
5
(1) An appeals committee consists of 3 members
appointed by the Minister to determine
applications for review under section 2.5.22.
(2) The Minister may appoint more than one appeals
committee at any time.
10
(3) A member of an appeals committee must not be a
member of the Authority, a member of a
committee of the Authority or a person employed
for the purposes of this Part.
(4) The members of an appeals committee must have
15
between them--
(a) knowledge of the assessment programs of
the Authority; and
(b) knowledge of this Act; and
(c) knowledge of the field of secondary
20
education.
(5) A member of an appeals committee holds office
for the term not exceeding 12 months that is
specified in the instrument of appointment, and is
eligible for re-appointment.
25
(6) A member of an appeals committee, other than a
person who holds a full-time Government office
or a full-time position in the public service,
teaching service or with a statutory authority and
whose travelling and personal expenses are met
30
through that office or position is entitled to be
paid any remuneration and allowances that are
specified in the instrument of appointment.
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2.5.24 Notification of alteration of record of student
assessment
If a student's assessment is amended or cancelled
under this Part, the Authority--
(a) must give written notice to the student
5
concerned; and
(b) may give written notice to any other person
to whom a copy of the student's record has
previously been provided--
that the record of assessment has been so amended
10
or cancelled, as the case requires.
__________________
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PART 2.6--VICTORIAN INSTITUTE OF TEACHING
Division 1--Preliminary
2.6.1 Definitions
In this Part--
"complaint" includes an allegation of serious
5
incompetence, serious misconduct or
unfitness to teach;
"Council" means the Council of the Victorian
Institute of Teaching continued in operation
by this Part;
10
"teacher"--
(a) means a person who, in a school,
undertakes duties that include the
delivery of an educational program or
the assessment of student participation
15
in an educational program; and
(b) includes a person employed as the
principal or the head of a school
whether or not that person undertakes
the duties of a teacher if the person has
20
been employed as a teacher in any
school prior to being employed as the
principal or the head of a school; and
(c) does not include a teacher's aide, an
assistant teacher or a student teacher;
25
"Victorian Electoral Commission" means the
Victorian Electoral Commission established
under section 6 of the Electoral Act 2002.
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Division 2--Victorian Institute of Teaching
2.6.2 Continuation of existing Institute
(1) The Victorian Institute of Teaching established
under the Victorian Institute of Teaching Act
2001 continues in operation under and subject to
5
this Act.
(2) The Institute--
(a) is a body corporate with perpetual
succession;
(b) has an official seal;
10
(c) may sue and be sued in its corporate name;
(d) may acquire, hold and dispose of real and
personal property;
(e) may do and suffer all acts and things that a
body corporate may by law do and suffer.
15
(3) The official seal must be kept as directed by the
Institute and must only be used as authorised by
the Institute.
(4) All courts must take judicial notice of the imprint
of the official seal on a document and, until the
20
contrary is proved, must presume that the
document was properly sealed.
2.6.3 Functions of Institute
(1) The functions of the Institute are to--
(a) recognise and promote the profession of
25
teaching and regulate members of the
teaching profession;
(b) approve teacher education courses that will
lead to qualifications or competencies in
teaching that satisfy the requirements for
30
registration as a teacher;
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(c) recommend for the approval of the Minister
qualifications, criteria and standards for the
registration and renewal of registration of
teachers in schools in Victoria;
(d) develop, establish and maintain standards of
5
professional practice for entry into the
teaching profession and for continuing
membership of the profession;
(e) grant registration or permission to teach in
Victorian schools;
10
(f) issue certificates of registration to those
teachers who are registered to, or have
permission to, teach in schools in Victoria;
(g) maintain a register of teachers who are
registered to, or have permission to, teach in
15
schools in Victoria;
(h) develop, maintain and promote a code of
conduct for the teaching profession;
(i) investigate the conduct, competence and
fitness to teach of registered teachers and
20
impose sanctions where appropriate;
(j) develop and maintain a Professional
Learning Framework to support and promote
the continuing education and professional
development of teachers;
25
(k) undertake professional development
programs and activities in relation to the
functions of the Institute;
(l) undertake and promote research about
teaching and learning practices;
30
(m) advise the Minister about any matters
concerning teachers including the
professional development needs of teachers;
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(n) prepare for the approval of the Minister a
strategic plan and an annual business plan of
the Institute;
(o) perform any other function conferred on the
Institute by this or any other Act.
5
(2) The Minister may not approve qualifications,
criteria and standards for the registration or
renewal of registration of teachers in schools in
Victoria unless they have been recommended by
the Institute under sub-section (1)(c).
10
2.6.4 Powers of Institute
(1) For the purpose of performing its functions, the
Institute has power to do all things necessary or
convenient to be done for or in connection with,
or as incidental to, the performance of its
15
functions.
(2) Without limiting sub-section (1)--
(a) the Institute may be a member of a company,
association, trust or partnership;
(b) form or participate in the formation of a
20
company, association, trust or partnership;
(c) enter into a joint venture with any other
person or persons;
(d) apply for, obtain and hold, whether on its
own behalf or jointly with any other person,
25
any intellectual property rights;
(e) assign or grant licences in respect of those
intellectual property rights, with or without
charge;
(f) enter into agreements and arrangements for
30
the commercial exploitation of intellectual
property rights;
(g) charge fees for services provided by the
Institute under this Act.
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(3) This section does not limit any other power given
to the Institute by any other provision of this Act.
2.6.5 Ministerial advice
The Institute must give due regard to any advice
given by the Minister in relation to the exercise of
5
its powers and the performance of its functions.
2.6.6 Membership of the Council
(1) The Institute is to be governed by the Council of
the Victorian Institute of Teaching established
under the Victorian Institute of Teaching Act
10
2001 and continued in operation under and subject
to this Act.
(2) The Council is to consist of not more than
20 members of whom--
(a) 9 are to be appointed by the Governor in
15
Council in accordance with sub-section
(3)(a), (b), (c), (d), (e) and (f); and
(b) 10 are to be elected under sub-section (4)(a)
and (b); and
(c) one is to be the Secretary or the nominee of
20
the Secretary.
(3) Of the appointed members--
(a) one is to be appointed as the Chairperson on
the nomination of the Minister;
(b) 3 are to be teachers nominated by the
25
Minister following the Minister's
consideration of names submitted to the
Minister by organisations representing the
professional interests of teachers;
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(c) one is to be a principal nominated by the
Minister following the Minister's
consideration of names submitted to the
Minister by organisations representing the
professional interests of principals in
5
Victorian schools;
(d) one is to be the parent of a student in a
school nominated by the Minister following
the Minister's consideration of names
submitted to the Minister from organisations
10
representing parents of students in those
schools;
(e) 2 are to be persons nominated by the
Minister following the Minister's
consideration of names submitted to the
15
Minister from persons or bodies employing
teachers in non-Government schools or
bodies or organisations representing those
employers;
(f) one is to be a person with experience or
20
expertise in preparing people to be teachers
nominated by the Minister following the
Minister's consideration of names submitted
to the Minister from tertiary institutions that
prepare people to be teachers.
25
(4) Of the elected members--
(a) 8 are to be registered teachers of whom--
(i) 2 are to be elected by and from
registered teachers who are currently
teaching in a primary school that is a
30
Government school or are currently
teaching at least one subject in such a
primary school or the primary part of
such a school;
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(ii) one is to be elected by and from
registered teachers who are currently
teaching in a primary school that is a
non-Government school operating
under the auspices of the Catholic
5
Education Commission or is currently
teaching at least one subject in such a
primary school or the primary part of
such a school;
(iii) 2 are to be elected by and from
10
registered teachers who are currently
teaching in a secondary school that is a
Government school or are currently
teaching at least one subject in such a
secondary school or the secondary part
15
of such a school;
(iv) one is to be elected by and from
registered teachers who are currently
teaching in a secondary school that is a
non-Government school operating
20
under the auspices of the Catholic
Education Commission or is currently
teaching at least one subject in such a
secondary school or the secondary part
of such a school;
25
(v) one is to be elected by and from
registered teachers who are currently
teaching in a non-Government school
(other than a school referred to in sub-
paragraph (ii) or (iv)) or is currently
30
teaching at least one subject in such a
school;
(vi) one is to be elected by and from
registered teachers who are currently
teaching in a Government school for
35
students with disabilities or
impairments;
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(b) 2 are to be elected by registered teachers of
whom--
(i) one is to be a principal in a Government
school; and
(ii) one is to be a principal in a non-
5
Government school.
(5) The Minister, in nominating persons to be
appointed as members of the Council, must ensure
that there will be at least one each of the following
persons elected or appointed to the Council--
10
(a) a teacher teaching in a non-Government
school other than a school auspiced by the
Catholic Education Commission;
(b) a teacher teaching in a non-Government
school that is auspiced by the Catholic
15
Education Commission;
(c) a Principal of a non-Government school
other than a school auspiced by the Catholic
Education Commission;
(d) a Principal of a non-Government school that
20
is auspiced by the Catholic Education
Commission;
(e) a representative of persons or bodies
employing teachers in non-Government
schools other than schools auspiced by the
25
Catholic Education Commission;
(f) a representative of persons or bodies
employing teachers in non-Government
schools that are auspiced by the Catholic
Education Commission.
30
(6) The Council--
(a) is responsible for the management of the
affairs of the Institute; and
(b) may exercise the powers of the Institute.
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Division 3--Registration of Teachers
2.6.7 Application for registration
(1) An application for registration as a teacher may be
made to the Institute.
(2) An application must be--
5
(a) made in the form approved by the Institute;
and
(b) accompanied by--
(i) evidence that the person is qualified
for registration in accordance with
10
section 2.6.8; and
(ii) details of any information required by
section 2.6.57; and
(iii) the fee fixed by the Minister.
(3) The Institute may require an applicant to provide
15
further information or material in respect of the
application.
(4) The Institute may require an applicant for
registration to--
(a) undergo a criminal record check or provide
20
information about criminal records;
(b) submit to any tests or provide any references
or reports to determine the suitability or
fitness of the person to teach;
(c) submit to any medical or psychiatric
25
examination that the Institute considers
appropriate and, if required by the Institute,
to provide any results or reports of the
examination.
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2.6.8 Qualification for registration as a teacher
A natural person is qualified to be registered as a
teacher if the person--
(a) has obtained a qualification that is
appropriate for entry to teaching approved by
5
the Minister or obtained a qualification
which is determined by the Institute to be
equivalent to an approved qualification; and
(b) produces evidence that the person satisfies
the criteria approved by the Minister about--
10
(i) fitness to be a teacher; and
(ii) competence in speaking or
communicating in the English language
for the person to teach in a school; and
(c) produces evidence that the person has
15
achieved the standards of professional
practice required for registration that are
approved by the Minister.
2.6.9 Registration
(1) The Institute may register an applicant as a
20
teacher if--
(a) the applicant is qualified for registration
under section 2.6.8; and
(b) there are no grounds under sub-section (2)
under which the Institute may refuse to grant
25
registration to the applicant; and
(c) the applicant has satisfied the requirements
of section 2.6.7;
(2) The Institute may refuse to grant registration to an
applicant on any one or more of the following
30
grounds--
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(a) that the character of the applicant is such that
it would not be in the public interest to allow
the applicant to teach in a school;
(b) that the applicant has been convicted or
found guilty of a sexual offence or an
5
indictable offence in Victoria or an
equivalent offence in another jurisdiction;
(c) that the applicant has been convicted or
found guilty of an offence where the ability
of the applicant to teach in a school is likely
10
to be affected because of the conviction or
finding of guilt or where it is not in the
public interest to allow the applicant to teach
in a school because of the conviction or
finding of guilt;
15
(d) that the applicant has previously held a right
to teach (being the equivalent of registration
as a teacher under this Act), or been
employed as a teacher, in a school in another
State or Territory or another country and that
20
right or employment has been cancelled or
suspended and not restored because of
conduct which, if committed within Victoria,
would entitle the Institute to suspend or
cancel the registration;
25
(e) that the applicant has been seriously
incompetent in their teaching practice when
employed as a teacher in a school in Victoria
or in any other State or Territory or country;
(f) that the applicant has not produced evidence
30
which satisfies the Institute of his or her
fitness to teach.
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(3) The Institute may impose any condition, limitation
or restriction it thinks appropriate on the
registration of a teacher under this section
including a condition that the teacher provide
information about criminal records within the
5
period specified by the Institute.
2.6.10 Provisional registration
(1) An applicant who is qualified in accordance with
section 2.6.8 except that the applicant has not
achieved to the satisfaction of the Institute the
10
standard of professional practice required for
registration under section 2.6.8 is eligible to be
provisionally registered.
(2) Provisional registration is subject to the condition
that the registered person will before the end of
15
the first year after the registration or within any
further period not exceeding one year authorised
by the Institute achieve the standard of
professional practice required for registration
under section 2.6.8.
20
(3) The provisional registration of a teacher continues
in force for the period not exceeding one year that
is specified by the Institute or for a further period
not exceeding one year that is specified by the
Institute or until the registered teacher achieves
25
the standard of professional practice required for
registration under section 2.6.8, whichever occurs
first.
(4) The Institute may impose any condition, limitation
or restriction it thinks appropriate on the
30
provisional registration of a teacher including a
condition that the teacher provide information
about criminal records within the period specified
by the Institute.
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(5) The Institute may, upon application by the
registered teacher, amend, vary or revoke
any condition, limitation or restriction imposed
under sub-section (4).
2.6.11 Non-practising registration
5
(1) A person who is entitled to or eligible for
registration under section 2.6.8(a) and (b) but who
does not intend to undertake the duties of a
teacher in a school may apply to be registered as a
non-practising teacher under this section.
10
(2) A person who is registered as a teacher under this
Act and would be eligible for renewal of
registration under section 2.6.8 except that the
person does not satisfy the requirements of section
2.6.18(1)(b)(i) may apply to be registered as a
15
non-practising teacher under this section if that
person does not intend to undertake the duties of a
teacher in a school.
(3) The Institute may register a person as a non-
practising teacher subject to any condition
20
imposed by the Institute.
(4) Registration under this section remains in force
for the period fixed by the Institute not exceeding
5 years from the date of registration.
2.6.12 Interim registration
25
(1) An applicant for registration or permission to
teach may be granted interim approval to
undertake the duties of a teacher in a school if the
person is entitled to that registration or permission
but it is not practicable to wait until the Institute
30
can consider the application.
(2) The person appointed to act as chief executive
officer of the Institute may grant interim approval
to an applicant to undertake the duties of a teacher
in a school until the next meeting of the Institute.
35
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s. 2.6.13
(3) Interim approval granted under this section by the
chief executive officer is to be treated during the
period of approval as being registration or
permission to teach (as the case requires) granted
by the Institute under this Part.
5
Division 4--Permission to teach
2.6.13 Application for permission to teach
(1) An application for permission to teach may be
made to the Institute.
(2) An application must be--
10
(a) in the form approved by the Institute and
contain particulars of the person or body who
intends to employ or engage the applicant;
and
(b) accompanied by the fee fixed by the
15
Minister.
(3) The Institute may require an applicant to provide
further information or material in respect of the
application.
2.6.14 Permission to teach
20
(1) The Institute may grant an applicant permission to
teach if--
(a) the applicant has the appropriate skills and
experience to teach and satisfies the
requirements of section 2.6.8(b); and
25
(b) there are no grounds under section 2.6.9(2)
that apply to the applicant; and
(c) the applicant has provided any information
or material required under section 2.6.13;
and
30
(d) the applicant has paid the fee fixed by the
Minister.
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(2) The Institute may impose any condition, limitation
or restriction it thinks appropriate on the
permission to teach including--
(a) the period for which the permission remains
in force;
5
(b) any subject that the person is permitted to
teach;
(c) the school where the person is permitted to
be employed or engaged at and teach;
(d) that the teacher provide information about
10
criminal records within the period specified
by the Institute.
Division 5--General Provisions
2.6.15 Entitlement of applicant to make submissions
If the Institute is proposing to refuse an
15
application for registration or permission to teach
or to impose conditions, limitations or restrictions
on the registration or permission to teach of an
applicant, the Institute must not do so until--
(a) it has given the applicant notice of this
20
proposal; and
(b) it has given the applicant an opportunity to
make submissions to the Institute about the
proposal.
2.6.16 Notification of outcome of application
25
(1) Upon determining an application under this Part,
the Institute must notify the applicant as to
whether or not registration or permission to teach
has been granted to the applicant.
(2) A notice under sub-section (1) about an
30
application for registration must include the
following information--
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(a) if the registration has been granted--
(i) the type of registration granted and the
period of registration;
(ii) whether or not any conditions,
limitations or restrictions have been
5
imposed on the registration and, if so,
the reasons for imposing those
conditions, limitations or restrictions;
(b) if the registration has not been granted--
(i) the reasons why it has not been granted;
10
and
(ii) a statement that the applicant has a
right to obtain a review of the decision
not to grant registration.
2.6.17 Duration and renewal of registration
15
(1) The registration of a teacher, other than
provisional registration under section 2.6.10,
non-practising registration under section 2.6.11
or interim registration under section 2.6.12,
continues in force until the fifth anniversary of the
20
date of the grant of registration.
(2) The renewal of registration of a teacher, other than
provisional registration under section 2.6.10,
non-practising registration under section 2.6.11
or interim registration under section 2.6.12,
25
continues in force until the fifth anniversary of the
date of the grant or renewal of registration.
(3) The Institute may, before any registration expires,
extend the registration for a period not exceeding
12 months if the Institute is satisfied that there are
30
special circumstances making it necessary to do
so.
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2.6.18 Application for renewal of registration
(1) An application for renewal of registration--
(a) must be made to the Institute before the
existing registration expires; and
(b) must be accompanied by--
5
(i) evidence satisfactory to the Institute
that the applicant has maintained an
appropriate level of professional
practice in the preceding 5 years;
(ii) details of any information required by
10
section 2.6.57;
(iii) the fee fixed by the Minister.
(2) If a person does not apply for renewal of
registration before the end of the existing
registration period, the Institute may renew that
15
person's registration if the application is made
within 3 months after the end of the registration
period and if the applicant pays an additional fee
fixed by the Minister which must not be more than
50% of the fee for renewal of registration.
20
(3) If a person's registration has expired without being
renewed that person is deemed to be registered for
3 months after that expiry or, if an application for
renewal has been made in accordance with sub-
section (2), for 3 months after that application is
25
made, whichever is the later and if, at the end of
that period of 3 months, the Institute has not
renewed his or her registration, the Institute must
remove that person's name from the register.
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2.6.19 Refusal to renew registration
The Institute may refuse to renew the registration
of an applicant--
(a) if the Institute is satisfied that the applicant
has not maintained an appropriate level of
5
professional practice in the preceding 5 years
having regard to the standards of
professional practice approved by the
Minister; or
(b) on any other ground on which the Institute
10
might refuse to grant registration.
2.6.20 Registration obtained by fraud
(1) If the Institute believes that the registration of a
teacher has been obtained by fraud or
misrepresentation or that the qualifications upon
15
which the teacher relied for registration have been
withdrawn the Institute must conduct a hearing
into the matter.
(2) The Institute must give notice of the time and
place of the hearing to the teacher.
20
(3) The provisions applying to the conduct of a
formal hearing under Division 12 apply to a
hearing under this section as if the hearing under
this section were a formal hearing.
(4) If, at the end of the hearing, the Institute
25
determines that the registration of the teacher has
been obtained by fraud or misrepresentation or
that the qualifications upon which the teacher has
relied for registration have been withdrawn, the
Institute may cancel the registration of the teacher
30
or take any other action that may be taken under
Division 12.
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2.6.21 Annual fees
(1) A registered teacher must pay an annual
registration fee fixed by the Minister to the
Institute on the date fixed by the Institute and
notified to that teacher by the Institute.
5
(2) If a registered teacher fails to pay the annual
registration fee without reasonable excuse by the
date fixed by the Institute and notified to the
teacher, the Institute may suspend the registration
of the teacher or their permission to teach.
10
(3) The Institute may revoke a suspension under sub-
section (2) if the person concerned gives a
satisfactory explanation of the failure and pays the
annual registration fee together with any
additional fee fixed by the Minister.
15
Division 6--Criminal Record Checks
2.6.22 Criminal record checks
(1) The chief executive officer of the Institute may, at
any time, request the Chief Commissioner of
Police to give to the chief executive officer
20
information concerning the criminal record, if
any, of a registered teacher and, for that purpose,
may disclose to the Chief Commissioner the
information concerning the registered teacher that
is necessary to conduct the criminal record check.
25
(2) The chief executive officer may make a request
under sub-section (1) without the consent of the
registered teacher named in the request but must
give notice of the request to that teacher.
(3) The Chief Commissioner of Police must, not more
30
than 14 days after receiving a request under sub-
section (1), enquire into and report to the chief
executive officer on the criminal record, if any, of
the registered teacher named in the request.
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2.6.23 Employer to disclose whether criminal record check
conducted
On request by the chief executive officer of the
Institute, the employer of a registered teacher
must disclose to the chief executive officer
5
whether to the knowledge of the employer the
registered teacher has undergone a criminal record
check at any time.
Division 7--The Register
2.6.24 The Register
10
There shall be a Register of Teachers containing
the following particulars in relation to each
registered teacher--
(a) the teacher's name;
(b) the registration status of the teacher
15
including details as to the type of registration
held;
(c) the teacher's qualifications;
(d) the professional expertise that is recognised
by the Institute;
20
(e) the date of registration;
(f) the registration number.
2.6.25 Publication of Register
The Institute must maintain the Register and make
an up to date copy available for inspection by any
25
person at the Institute's offices, during normal
office hours, free of charge.
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2.6.26 Use of certificate as evidence
A certificate purporting to be signed by the
Chairperson or any two members of the Council
to the effect that--
(a) a person is or is not or was or was not, at any
5
specified date, registered as a teacher under
this Part; or
(b) a teacher did or did not at any specified date
have the permission of the Institute to teach
under this Part--
10
is evidence, and, in the absence of evidence to the
contrary, is proof of the matters stated in it.
Division 8--Discipline--Suspension without inquiry
2.6.27 Institute may suspend registration or permission to
teach
15
(1) The Institute may decide that it intends to suspend
the registration held by, or the permission to teach
granted to, a person under this Part if that person
is, in Victoria or elsewhere, charged with a sexual
offence.
20
(2) The Institute must serve a notice in accordance
with sub-section (3) on a person of the Institute's
intention to suspend the registration held by, or
the permission to teach granted to, that person.
(3) A notice served under sub-section (2) must be in
25
writing and set out the following--
(a) that the Institute intends to suspend the
registration or permission to teach (as the
case may be);
(b) the ground for suspension (the nature of the
30
sexual offence charge);
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(c) that the person may make written
submissions to the Institute regarding the
intended suspension;
(d) that the person must lodge any submissions
with the Institute within 10 days after being
5
served with the notice;
(e) any requirements relating to the form and
content of submissions that may be made to
the Institute.
(4) A copy of a notice served under sub-section (2)
10
must also be served on any person employing the
person subject to the intended suspension as a
teacher.
(5) In deciding whether to suspend a person under
this section, the Institute must take into account
15
any submissions made in accordance with the
notice served under sub-section (2) by that person.
(6) If the Institute decides to suspend a person under
this section it must serve a written notice on the
person containing the following--
20
(a) that the person is suspended;
(b) the date that the suspension takes effect
(which must be no earlier than the date that
the notice is served);
(c) the period that the suspension may remain in
25
force under sub-section (10).
(7) A copy of a notice served under sub-section (6)
must also be served on any person employing the
person subject to the suspension as a teacher.
(8) A suspension under this section takes effect on the
30
date specified by the Institute in the notice served
under sub-section (6).
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(9) The validity of a suspension under this section is
not affected by any failure to serve a copy of a
notice under sub-section (4) or (7).
(10) A suspension under this section remains in force
until the earlier of the following occurs--
5
(a) the Institute revokes the suspension; or
(b) the charge that forms the ground for the
suspension is finally dealt with in any of the
following ways--
(i) the charge is withdrawn or a nolle
10
prosequi is entered in relation to the
charge;
(ii) the person dies without the charge
having been determined;
(iii) the charge is dismissed by a court;
15
(iv) the person is discharged by a court
following a committal hearing;
(v) the person is acquitted of the offence by
a court;
(vi) the person is de-registered because of
20
being found guilty of the offence by a
court.
(11) If more than one charge forms the ground for the
suspension, sub-section (10)(b) does not apply
until each of the charges is finally dealt with in
25
accordance with that paragraph.
(12) If the Institute revokes a suspension under this
section it must immediately notify the person
subject to that suspension and any employer
served with a copy of a notice under sub-
30
section (7) of the revocation.
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2.6.28 Effect of suspension of registration
For the purposes of this Act, a teacher whose
registration is suspended is deemed not to be
registered for the period of that suspension.
Division 9--Discipline--Cancellation of Registration
5
2.6.29 Cancellation of registration or permission to teach
without inquiry
(1) A person who is registered as a teacher under this
Part ceases to be so registered if the person is, in
Victoria or elsewhere, convicted or found guilty
10
of a sexual offence.
(2) A person who has obtained the permission of the
Institute to teach in a school ceases to have that
permission if the person, in Victoria or elsewhere,
is convicted or found guilty of a sexual offence.
15
(3) A person who, in Victoria or elsewhere, is
convicted or found guilty of a sexual offence is
disqualified from teaching in a school.
(4) For the purposes of sub-sections (1), (2) and (3),
a conviction or finding of guilt takes effect on the
20
date of the conviction or finding of guilt and the
lodging of an appeal against the conviction or
finding does not affect the operation of those sub-
sections.
(5) If a finding or conviction in relation to a person
25
referred to in sub-section (1), (2) or (3) is quashed
on appeal the relevant sub-section ceases, from
the date the finding or conviction was quashed, to
apply to the person with respect to that particular
finding or conviction.
30
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(6) Nothing in this section limits the powers of the
Institute under this Part.
(7) This section applies to any conviction or finding
of guilt of a sexual offence whether occurring
before, on or after the commencement of this
5
Chapter.
Division 10--Powers of Discipline Inquiry
2.6.30 Powers of inquiry
(1) The Institute may in accordance with this Part--
(a) inquire into any information it receives under
10
section 2.6.31 or 2.6.32; or
(b) inquire into any complaint that provides
evidence--
(i) of the serious incompetence of a
registered teacher;
15
(ii) of the serious misconduct of a
registered teacher;
(iii) that a registered teacher is unfit to be a
teacher;
(c) conduct an inquiry into whether--
20
(i) a registered teacher has failed to
comply with any condition, limitation
or restriction imposed on their
registration;
(ii) a registered teacher has contravened or
25
failed to comply with a provision of
this Chapter.
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(2) The Institute must in writing notify--
(a) the registered teacher; and
(b) the employer of the registered teacher; and
(c) the person who made the complaint--
of its determination to inquire or not to inquire
5
into the registered teacher's competence or fitness
to teach or the conduct of the registered teacher.
2.6.31 Employer to notify Institute of action against
teacher
(1) The employer of a registered teacher must inform
10
the Institute if the employer has taken any action
against the registered teacher in response to
allegations of serious incompetence of the
registered teacher, serious misconduct of the
registered teacher or that the registered teacher is
15
unfit to be a teacher or any other actions that may
be relevant to the registered teacher's fitness to
teach.
(2) The employer of a registered teacher must provide
the Institute with any information the Institute
20
may reasonably require to conduct an inquiry
under this Part.
(3) The employer of a registered teacher must
immediately notify the Institute if the employer
becomes aware that the teacher has been charged
25
with or committed for trial for a sexual offence or
convicted or found guilty of a sexual offence.
(4) The Chief Commissioner of Police must
immediately notify the Institute if the Chief
Commissioner becomes aware that a registered
30
teacher has been charged with or committed for
trial for a sexual offence or convicted or found
guilty of a sexual offence.
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2.6.32 Inquiry into criminal conduct
If the Institute is informed that a registered teacher
has been convicted or found guilty of an
indictable offence other than a sexual offence, the
Institute must conduct an inquiry under this Part
5
into the registered teacher's fitness to teach.
Division 11--Discipline--Investigations
2.6.33 When matters are to be investigated
(1) The Institute must investigate--
(a) a complaint of serious incompetence or
10
serious misconduct;
(b) a complaint involving the continued fitness
to teach of a registered teacher;
(c) if the Institute is informed that a registered
teacher has been convicted or found guilty of
15
an indictable offence other than a sexual
offence;
(d) if the Institute is informed by the employer
of a registered teacher that the employer has
taken any action against the registered
20
teacher.
(2) In order to determine whether or not to conduct a
formal or informal hearing into a matter, the
Institute may conduct an investigation into the
matter or request the employer of the teacher who
25
is the subject of the inquiry to conduct the
investigation.
(3) The Institute may, in writing, delegate to any of
the following its power to conduct an
investigation, other than its power to make
30
determinations upon an investigation--
(a) an employee of the Institute; or
(b) an investigator retained by the Institute; or
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(c) a member of the Council or a number of
members not exceeding 3; or
(d) the employer or a nominee of the employer
of the teacher who is the subject of the
inquiry.
5
2.6.34 Outcome of investigation
(1) Upon completing an investigation, the person or
persons conducting the investigation may make
one of the following recommendations--
(a) that no further action should be taken; or
10
(b) that an informal or formal hearing should be
held into the matter.
(2) The Institute must determine whether or not to act
on the recommendations of any person conducting
the investigation.
15
2.6.35 Institute may determine to conduct a hearing
The Institute may, of its own motion, determine to
conduct a formal or informal hearing into a
registered teacher's competence or fitness to teach
or the conduct of the registered teacher without
20
conducting an investigation.
Division 12--Formal and Informal Disciplinary Hearings
2.6.36 Establishment and notification of an informal
hearing
If the Institute has determined under section
25
2.6.34 or 2.6.35 that an informal hearing be held
into the conduct, competence or the continued
fitness to teach of a registered teacher, the
Institute must--
(a) refer the matter to the Professional Practice
30
and Conduct Committee to hold the informal
hearing; and
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(b) fix a time and place for the hearing to be
held; and
(c) by post, serve a notice on the registered
teacher under section 2.6.38; and
(d) serve notice on any complainant by post
5
which complies with section 2.6.38(a)
and (b).
2.6.37 Professional Practice and Conduct Committee to
conduct informal hearing
(1) A person who has made a complaint or
10
undertaken a preliminary investigation of the
matter is not entitled to be a member of the
Professional Practice and Conduct Committee.
(2) If--
(a) the Professional Practice and Conduct
15
Committee is unable to hear the matter
because there are not enough members
available to sit on it; or
(b) the Institute is of the opinion that a person
with special expertise is required for the
20
hearing--
the Chairperson of the Council may fill a vacant
position on the Professional Practice and Conduct
Committee by appointing a person who is not a
member of the Council.
25
2.6.38 Notice of an informal hearing
A notice of an informal hearing must--
(a) state the nature of the hearing and the
complaint made against the teacher; and
(b) give the time and place of the hearing; and
30
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(c) state that the teacher may choose to have the
matter determined by a formal hearing and
state the differences between a formal and
informal hearing; and
(d) state that there is no right to legal
5
representation at the hearing, but that the
teacher is entitled to be present and to make
submissions and to be accompanied by
another person; and
(e) state that the hearing is not open to the
10
public; and
(f) list the findings the Professional Practice and
Conduct Committee can make.
2.6.39 Conduct of an informal hearing
At an informal hearing--
15
(a) the Professional Practice and Conduct
Committee must hear and determine whether
or not the matter before it should proceed to
a formal hearing; and
(b) the teacher who is the subject of the hearing
20
is entitled to be present, to make submissions
and to be accompanied by another person but
is not entitled to be represented; and
(c) the proceedings of the hearing must not be
open to the public.
25
2.6.40 Findings and determinations of an informal hearing
(1) After considering all the submissions made to the
hearing, the Professional Practice and Conduct
Committee may find--
(a) the matter should be referred to a formal
30
hearing; or
(b) the matter should not be referred to a formal
hearing.
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(2) If the Committee finds that there should be a
formal hearing the Committee must refer the
matter to a formal hearing.
2.6.41 Change of informal hearing to formal hearing
during course of hearing
5
If, before the end of the informal hearing--
(a) the teacher requests that a formal hearing be
held; or
(b) the Professional Practice and Conduct
Committee is of the opinion that a formal
10
hearing should be held--
the Committee must abandon the informal hearing
and refer the matter to a formal hearing.
2.6.42 Establishment and notification of formal hearing
If--
15
(a) the Institute has determined that a formal
hearing be held; or
(b) the Professional Practice and Conduct
Committee has referred a matter to a formal
hearing--
20
the Institute must--
(c) appoint a panel to hold the hearing; and
(d) fix a time and place for the hearing to be
conducted; and
(e) serve a notice on the teacher by post which
25
complies with section 2.6.44; and
(f) serve a notice on any complainant by post
which complies with section 2.6.44(a)
and (b).
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2.6.43 Constitution of a hearing panel for a formal hearing
(1) A panel appointed to hold a formal hearing must
consist of not less than 3 persons, of whom--
(a) one is to be the Chairperson who is to be a
member of the Council; and
5
(b) one is to be a registered teacher.
(2) If--
(a) the Institute is unable to appoint a panel
because there are not enough members
available to sit on it; or
10
(b) the Institute is of the opinion that a person
with special expertise is required for the
hearing--
the Chairperson of the Council may fill a vacant
position on the panel by appointing a person who
15
is not a member of the Council.
(3) The following people are not entitled to be
members of a panel for a formal hearing--
(a) a person who has undertaken an
investigation of the matter which is the
20
subject of the hearing;
(b) a person who has been a member of the
Professional Practice and Conduct
Committee which held an informal hearing
into the matter;
25
(c) a complainant.
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2.6.44 Notice of a formal hearing
A notice of a formal hearing must--
(a) state the nature of the hearing and the
complaint or allegations made against the
teacher; and
5
(b) give the time and place of the hearing; and
(c) state that there is a right to make submissions
and to be represented, that the hearing is
open to the public, list the possible findings
the panel can make and state that there is a
10
right to apply for a review of the panel's
determinations.
2.6.45 Conduct of a formal hearing
At a formal hearing--
(a) the hearing panel must hear and determine
15
the matter before it; and
(b) the teacher who is the subject of the hearing
is entitled to be present, to make submissions
and to be represented; and
(c) if the hearing arises out of a complaint, the
20
identity of the complainant is not to be
published or broadcast and the
complainant--
(i) in the case of a proceeding which has
not been closed under paragraph (d), is
25
entitled to be present; and
(ii) if not called as a witness, may make
submissions with the permission of the
panel; and
(d) the proceedings are to be open to the public
30
unless the panel determines that the
proceedings should be closed because the
hearing is taking evidence of intimate,
personal or financial matters; and
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(e) if the panel has determined that the
proceedings are closed, the panel may
determine that the identity of any witness
giving evidence in the proceedings is not to
be published or broadcast; and
5
(f) the panel may determine that any
information that might enable the teacher
who is the subject of the hearing to be
identified prior to the making of a final
determination must not be published if the
10
panel considers it necessary to do so to avoid
prejudicing the administration of justice or
for any other reason in the interests of
justice.
2.6.46 Findings and determinations of a formal hearing
15
into conduct
(1) After considering all the submissions made to a
formal hearing into the conduct of a registered
teacher the panel may make findings about
whether or not--
20
(a) the teacher has, whether by act or omission,
engaged in serious misconduct; or
(b) the teacher has, whether by act or omission,
been seriously incompetent; or
(c) the teacher is, whether by act or omission,
25
not fit to teach.
(2) If after considering the submissions made at an
inquiry the panel finds that--
(a) the teacher is seriously incompetent in his or
her teaching practice; or
30
(b) the teacher is not fit to teach; or
(c) the teacher is guilty of serious misconduct;
or
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(d) the teacher has contravened or failed to
comply with any provision of this Chapter;
or
(e) the teacher has contravened or failed to
comply with any condition, limitation or
5
restriction imposed on his or her registration;
or
(f) the teacher has been convicted or found
guilty in Victoria of an indictable offence or
has elsewhere been convicted or found guilty
10
of an offence which if committed in Victoria,
would be an indictable offence and that the
teacher is not fit to teach; or
(g) the registration of the teacher has been
obtained by fraud or misrepresentation or
15
concealment of facts--
the panel may make a determination to do one or
more of the following--
(h) impose conditions, limitations or restrictions
on the registration of the teacher;
20
(i) suspend the registration of the teacher for the
period and subject to the conditions,
limitations and restrictions, if any, specified
in the determination;
(j) cancel the registration of the teacher.
25
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Division 13--General Provisions relating to Discipline
Inquiries
2.6.47 Inquiry may continue even if person no longer
registered
The Institute may conduct or continue to conduct
5
an inquiry into the conduct or activities of a
person who was a registered teacher at the time of
the conduct or activities but who has ceased to be
a registered teacher as if the person were a
registered teacher.
10
2.6.48 Procedure at formal and informal hearings
At a formal or informal hearing--
(a) subject to this Part, the procedure of the
Professional Practice and Conduct
Committee or a panel is in its discretion; and
15
(b) the proceedings must be conducted with as
little formality and technicality as the
requirements of this Act and the proper
consideration of the matter permit; and
(c) the Committee or a panel is not bound by
20
rules of evidence but may inform itself in
any way it thinks fit; and
(d) the Committee or a panel is bound by the
rules of natural justice.
2.6.49 Determinations
25
(1) A determination made by a panel on a hearing
comes into operation on its making or at any later
time stated in the determination.
(2) A determination of a panel has effect as if it were
a determination of the Institute.
30
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2.6.50 Notice of cancellations and determinations of panel
(1) The Institute must advise the teacher of the
determination of the Professional Practice and
Conduct Committee or a panel under this Part and
of the reasons for the determination, within
5
28 days after the making of the determination.
(2) The Institute must advise a person whose
registration is suspended or cancelled under this
Part of that suspension or cancellation.
2.6.51 Notifications
10
(1) If a determination has been made by a panel--
(a) imposing conditions, limitations or
restrictions on the registration of a teacher;
or
(b) suspending the registration of a teacher; or
15
(c) cancelling the registration of a teacher--
the Institute must give notice of the
determination--
(d) in the Government Gazette; and
(e) to the teacher registration authorities in all
20
other States or Territories of the
Commonwealth and in New Zealand; and
(f) to the teacher's employer; and
(g) to the Secretary of the Department of Justice;
and
25
(h) if the Institute has received a request for
information about the person in respect of
whom the determination has been made from
a teacher registration authority outside
Australia or New Zealand, that authority.
30
(2) Notice under sub-section (1) must be given as
soon as practicable after the determination has
been made.
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(3) If the registration of a teacher is cancelled by
virtue of section 2.6.29 the Institute must give
notice of that cancellation in accordance with
paragraphs (d), (e), (f), (g) and (h) of sub-
section (1).
5
(4) If a complaint has been made to the Institute, the
Institute must notify the complainant--
(a) of whether or not a formal or informal
hearing is to be conducted into the matter
and, if so, of the time and place of the
10
hearing and, in the case of a formal hearing,
of the fact that the complainant's identity is
not to be published or broadcast; and
(b) in the case of a formal or informal hearing,
of whether or not the complainant has any
15
right to make submissions at the hearing; and
(c) of the findings and determinations of any
hearing arising from that complaint and the
reasons for those findings and
determinations, within 28 days after their
20
having been made.
2.6.52 Offence to disclose information identifying
complainant, witness or teacher
A person must not publish or broadcast or cause to
be published or broadcast any report of a formal
25
hearing under this Part which contains
information which would enable--
(a) the complainant to be identified; or
(b) if the panel has made a determination
prohibiting the publication or broadcast of
30
the identity of a witness, that witness to be
identified; or
(c) if the panel has made a determination
prohibiting the publication or broadcast of
the identity of a registered teacher prior to
35
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the making of a final determination, that
teacher to be identified prior to the making
of the final determination--
unless the complainant, witness or teacher has,
before publication or broadcast, consented to this.
5
Penalty: 50 penalty units for a natural person or
100 penalty units for a body corporate.
2.6.53 Enforcement of determination
(1) The Institute must take all action necessary to give
effect to a cancellation of registration under
10
section 2.6.29 or a determination made on an
inquiry under this Part.
(2) Action under sub-section (1) includes, but is not
limited to--
(a) the amendment of a certificate of
15
registration; and
(b) the recording of matters in the Register.
(3) A registered teacher who does not comply with a
determination under section 2.6.46 is guilty of
serious misconduct.
20
2.6.54 Revocation of suspension
(1) The Institute may at the request of the person
concerned or on its own initiative revoke the
suspension of the person's registration.
(2) The Institute must without delay give written
25
notice of the revocation to the person concerned.
Division 14--Review by VCAT
2.6.55 Review by VCAT
(1) A person may apply to the VCAT for review of--
(a) a determination refusing the person's
30
application for registration or renewal of
registration; or
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(b) a determination made under Divisions 12
and 13 cancelling or suspending the person's
registration; or
(c) a determination made under Divisions 12
and 13 imposing conditions, limitations or
5
restrictions on a person's registration.
(2) An application for review under this Part must be
made--
(a) in the case of an application under sub-
section (1)(a), within 28 days after the day
10
on which the Institute gives notice of the
determination to the person; or
(b) in any other case, within 3 months after the
day on which the Institute gives notice of the
determination to the person.
15
(3) Sub-section (1)(a) does not apply to a
determination of the Institute to refuse the person's
registration or permission to teach on the grounds
that the person has been convicted or found guilty
of a sexual offence.
20
Division 15--Offences
2.6.56 Unregistered teachers
(1) A person who is not registered under this Part or
who does not have permission to teach under this
Part must not undertake the duties of a teacher in a
25
school.
Penalty: 120 penalty units.
(2) A person or body must not employ a person to
teach in a school unless the person is registered
under this Part to undertake teaching duties in a
30
school or has permission to teach under this Part.
Penalty: 120 penalty units.
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(3) For the purposes of this section, a person who is
registered as a non-practising teacher is not to be
treated as being registered under this Part.
2.6.57 Provision of information by teachers
(1) If a registered teacher has in respect of a sexual
5
offence or other indictable offence--
(a) been committed for trial; or
(b) been convicted or found guilty of the
offence--
the person must notify the Institute within 30 days
10
after that commitment, conviction or finding of
guilt.
Penalty: 60 penalty units.
(2) An applicant for registration or renewal of
registration as a teacher must ensure that details of
15
any of the matters referred to in this section are set
out in the application.
2.6.58 False representation
(1) A person who is not a registered teacher must not
claim to be a registered teacher or hold himself or
20
herself out as being a registered teacher.
Penalty: 10 penalty units.
(2) A person must not fraudulently or by false
representation obtain registration or permission to
teach under this Act.
25
Penalty: 120 penalty units.
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2.6.59 Return of document
(1) If a teacher's registration is cancelled or
suspended, the teacher must, within 14 days after
the date on which notice of the determination is
given, return the certificate or other document
5
issued by the Institute as evidence of registration
or permission to teach to the Institute.
Penalty: 60 penalty units.
(2) The Institute must return a certificate or other
document issued by the Institute as evidence of
10
registration or permission to teach to the holder of
the certificate or other document as soon as
possible--
(a) after the end of the suspension period; or
(b) if the suspension is sooner revoked, after that
15
revocation.
2.6.60 Proceedings
Proceedings for an offence under this Part may be
commenced by any person authorised by the
Institute to do so.
20
Division 16--The Council--Administration
2.6.61 Schedule 2
Schedule 2 has effect subject to any contrary
intention in this Part.
2.6.62 Resignation and removal
25
(1) A member of the Council may resign from office
by delivering to the Chairperson a signed letter of
resignation.
(2) The Governor in Council may at any time remove
a member appointed by the Governor in Council
30
from office.
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(3) The Chairperson on the recommendation of the
Council may remove or suspend an acting
member from office.
2.6.63 Elected members
(1) The Registrar of the Institute must maintain a roll
5
of electors for the Institute consisting of registered
teachers.
(2) If the Council is, after making all reasonable
efforts to do so, unable to obtain sufficient
nominations to fill the number of vacancies to be
10
filled by an election, the Governor in Council may
appoint a member or members from the roll of
electors to fill the vacancy.
(3) If the number of candidates for an election to the
Council is equal to or less than the number of
15
vacancies to be filled, the Council may appoint the
candidate or candidates as a member or members
of the Council.
(4) If there is no candidate at an election or if for any
reason no person is elected at an election, the
20
Governor in Council may appoint a registered
teacher to be a member of the Council even
though that person has not been elected.
(5) A person appointed under sub-section (2), (3)
or (4) is deemed to be an elected member of the
25
Council.
(6) The Victorian Electoral Commission must
conduct any election required for membership of
the Council.
(7) The Victorian Electoral Commission must ensure
30
that an election required for membership of the
Council is conducted in accordance with the
regulations and may exercise the powers and
perform any functions relating to the conduct of
elections that are conferred on the Victorian
35
Electoral Commission by the regulations.
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(8) A candidate for an election may submit a printed
candidate statement not exceeding the number of
words fixed by the Victorian Electoral
Commission (which must not be less than
50 words) to be distributed by the Victorian
5
Electoral Commission with the ballot papers for
the election.
2.6.64 Acting members
(1) If a member is unable to perform his or her duties
or is absent from duty or there is a vacancy in the
10
office of a member, the Chairperson on the
recommendation of the Council may appoint a
person to act in the place of that member during
that inability, absence or until the vacancy is filled
or for any other period specified in the instrument
15
of appointment.
(2) A person so appointed, while acting in the place
of the member or during the vacancy in the office
of a member--
(a) has all the powers and may perform all the
20
functions of the member; and
(b) if the person does not hold a full-time
government office or a full-time position in
the public service, the teaching service or
with a statutory authority, is entitled to be
25
paid any remuneration and travelling or other
expenses that the member would have been
entitled to under this Act.
(3) An acting member may resign his or her office in
writing delivered to the Chairperson of the
30
Council.
(4) The Chairperson on the recommendation of the
Council may remove or suspend an acting
member from office.
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2.6.65 Institute staff
(1) A Registrar, a chief executive officer and any
other employees that are necessary for the
purposes of this Part may be employed.
(2) The chief executive officer is responsible for
5
implementing any policy or decision of the
Minister or the Council made in accordance with
this Act.
2.6.66 Establishment of committees or bodies to act as
delegates of Council
10
(1) The Institute may from time to time, by
instrument in writing, establish a committee or
any other body to exercise any of the powers of
the Council that are delegated to its members
under this Act.
15
(2) The Institute may make any provision with respect
to the terms and conditions of appointment of the
members of the committee or body and the
procedure of the committee or body as the
Institute thinks fit.
20
(3) The Institute may appoint members to a
committee or body including any person who is
not a member of the Council.
(4) A committee or body established under sub-
section (1) may permit members to participate in a
25
particular meeting, or all meetings, by telephone,
closed circuit television or other means of
communication.
(5) The members of a committee or body may
exercise any power or perform any function
30
delegated to its members by the Institute.
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2.6.67 Delegation
The Council may, in writing, delegate to--
(a) a member of the Council; or
(b) the Registrar or any other person employed
by the Institute under this Part; or
5
(c) a member of a committee or body
established under this Part; or
(d) the members of the governing board of a
college established under this Part--
its powers under this Act, other than--
10
(e) the power to refuse to grant registration or to
refuse to renew registration; or
(f) the power to impose or to amend, vary or
revoke conditions, limitations or restrictions
on registration; or
15
(g) this power to delegate.
2.6.68 Accreditation Committee
(1) The Council must establish a committee to be
called the Accreditation Committee.
(2) The Accreditation Committee has the following
20
functions--
(a) to assess and approve teacher education
courses for the purposes of registration under
this Act consistently with guidelines issued
by the Institute;
25
(b) to advise the Council or make
recommendations to the Council about the
criteria for and the assessment of those
courses.
(3) The Accreditation Committee has all the powers
30
necessary to enable it to perform its functions.
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2.6.69 Professional Practice and Conduct Committee
(1) The Council must establish a committee to be
called the Professional Practice and Conduct
Committee.
(2) The Professional Practice and Conduct Committee
5
has the following functions--
(a) to advise on standards of professional
conduct for teachers;
(b) to conduct informal hearings under
Division 12 and to determine whether a
10
matter needs to be referred to a formal
hearing.
(3) The Professional Practice and Conduct Committee
is to consist of not more than 5 persons, of
whom--
15
(a) one is to be the Chairperson who is to be a
member of the Council; and
(b) 2 are to be members of the Council.
(4) The Professional Practice and Conduct Committee
has all the powers necessary to enable it to
20
perform its functions.
2.6.70 Membership of committees and bodies
Any committee or body established under this
Division consists of--
(a) at least one member of the Council, who will
25
chair the committee or body;
(b) a majority of persons who are registered
teachers;
(c) any other persons that are appointed by the
Institute with expertise appropriate to carry
30
out the functions of the committee or body.
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2.6.71 Terms of office
(1) A member of a committee, hearing panel or body
established under this Part holds office for the
period determined by the Council.
(2) A member of a committee, hearing panel or body
5
is eligible for re-appointment.
(3) The Public Administration Act 2004 (other than
Part 5 of that Act) does not apply to a member in
respect of the office of member.
2.6.72 Resignation and removal
10
(1) A member of a committee, hearing panel or body
established under this Part may resign the office
of member by writing signed by the member and
addressed to the Institute.
(2) The Institute may at any time remove a member of
15
a committee, hearing panel or body from office.
(3) If a member of the committee, hearing panel or
body dies, resigns or is removed from office, the
Institute may appoint an acting member to fill the
vacant office.
20
(4) A member appointed under sub-section (3) holds
office for the rest of the term of appointment of
the member whose place he or she fills.
2.6.73 Payment of members
(1) A member or acting member of a committee,
25
hearing panel or body established under this Part,
other than a member who holds a full-time
Government office, or a full-time position in the
public service, teaching service or with a statutory
authority is entitled to receive the remuneration
30
and fees (if any) that are fixed from time to time
by the Institute for that member.
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(2) A member or acting member of the committee,
hearing panel or body is entitled to receive the
personal and travelling expenses that are fixed
from time to time by the Institute for that member.
2.6.74 Procedure of committee, panel or body
5
(1) The Chairperson must preside at a meeting of a
committee, hearing panel or body established
under this Part at which he or she is present.
(2) If the Chairperson is not present at a meeting the
members present may elect a member to preside at
10
the meeting.
(3) A question arising at a meeting is to be decided by
a majority of votes and the person presiding at the
meeting has a deliberative vote and a second or
casting vote.
15
(4) A majority of the members of the committee,
hearing panel or body currently holding office
constitutes a quorum.
(5) If a member of the Professional Practice and
Conduct Committee or a hearing panel is unable
20
to attend a meeting of the Committee or panel that
is conducting a hearing or part of a hearing under
Division 12, the remaining members of that
Committee or hearing panel may continue to
conduct the hearing or that part of the hearing if a
25
quorum of members is present.
(6) Subject to this Act a committee, hearing panel or
body established under this Part may regulate its
own proceedings.
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2.6.75 Effect of vacancy or defect
An act or decision of a committee, hearing panel
or body established under this Part is not invalid
only because--
(a) of a vacancy in its membership; or
5
(b) of a defect or irregularity in the appointment
of any of its members.
2.6.76 Immunity
(1) A member of the Council or a hearing panel
established for a formal hearing or a person
10
responsible for keeping the register is not
personally liable for anything done or omitted to
be done in good faith--
(a) in the exercise of a power or the discharge of
a duty under this Act; or
15
(b) in the reasonable belief that the act or
omission was in the exercise of a power or
the discharge of a duty under this Act.
(2) Any liability resulting from an act or omission
that would but for sub-section (1), attach to a
20
member of the Council or panel or the person
responsible for keeping the register, attaches
instead to the Institute.
Division 17--The Council--Finances
2.6.77 Fees
25
(1) The Minister, after calling for and considering
recommendations from the Institute, may, by
Order, fix any fee that is required or permitted to
be fixed under this Part.
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(2) In the case of any fee which the Minister is
empowered to fix--
(a) the Minister must fix the fee for a period of
12 months and may amend or vary the fee at
the end of that period; and
5
(b) the Minister may fix a different fee for a
different case and may allow for the
reduction, waiver or refund, in whole or in
part, of any fee; and
(c) the Minister must ensure that any fee fixed
10
under this section is published in a
newspaper circulating generally throughout
Victoria and in the Government Gazette.
2.6.78 Victorian Institute of Teaching Fund
(1) The Institute must continue to maintain the Fund
15
known as the Victorian Institute of Teaching
Fund.
(2) There must be paid into the Fund--
(a) any investment income received by the
Institute; and
20
(b) the proceeds of the sale of any investment
made by the Institute; and
(c) any other money received by the Institute.
(3) There must be paid out of the Fund any payment
that is authorised by the Institute to be made out
25
of the Fund for or towards the costs and expenses
of the exercise of powers or performance of
functions by the Institute.
(4) The Institute may invest money in the Fund--
(a) in any manner in which a trustee may invest
30
trust funds under the Trustee Act 1958; or
(b) in any other manner approved by the
Minister.
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Division 18--Colleges
2.6.79 Establishment of Colleges
(1) The Institute may by Order published in the
Government Gazette--
(a) establish a College for promoting particular
5
domains of practice within the teaching
profession; and
(b) appoint a governing board of the College to
govern the College.
(2) The College and the governing board of the
10
College have the functions and powers conferred
on them that are declared by the Order under sub-
section (1).
(3) The Order under sub-section (1) must contain a
charter for the College that sets out--
15
(a) the name of the College;
(b) the domain of practice to be recognised by
the College;
(c) the purposes and functions of the College;
(d) the governance and funding arrangements for
20
the College;
(e) any powers of the Institute under the Act
which are to be delegated to the members of
the governing board of the College;
(f) the reporting and operational relationship
25
between the College and the Institute;
(g) the terms of office of the governing board of
the College.
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(4) The Institute may, after consultation with the
governing board of the College and in accordance
with the charter for the College by Order
published in the Government Gazette alter any
matter or thing that has been established by or
5
under the charter of the College.
(5) Despite sub-section (1), the Institute must not
establish a College for promoting the practice of
Principals except with the written approval of the
Minister.
10
__________________
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CHAPTER 3--POST SCHOOL EDUCATION AND
TRAINING
PART 3.1--VOCATIONAL EDUCATION AND TRAINING
Division 1--Co-ordination of State Training System
3.1.1 Victorian Skills Commission
5
(1) The Victorian Learning and Employment Skills
Commission established under the Vocational
Education and Training Act 1990 continues in
operation under and subject to this Act.
(2) On the commencement of this section, the
10
Victorian Learning and Employment Skills
Commission i