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PARLIAMENT OF VICTORIA
Education and Training Reform Miscellaneous
Amendments Bill 2007
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
3 Principal Act 2
PART 2--AMENDMENT OF EDUCATION AND TRAINING
REFORM ACT 2006 3
4 Definition 3
5 Employment or engagement of teachers and other staff in
schools 3
6 Membership of Merit Protection Boards 3
7 Establishment of committees 3
8 Non-practising registration 4
9 New section 2.6.22A inserted 4
2.6.22A Routine criminal record check 4
10 New Division 7A of Part 2.6 inserted 5
Division 7A--Details of teachers in schools 5
2.6.26A Institute may request details of teachers in schools 5
11 Employer to notify Institute of action against teacher 5
12 Functions of the Commission 6
13 Performance agreements and financial powers 6
14 Incorporation of TAFE institute boards 6
15 Functions of TAFE institute boards 7
16 Board directorship 7
17 Reserve powers of Minister 7
18 Membership of the Board 7
19 Chief Executive Officer--adult education institution 7
20 Section 3.3.43 substituted 8
3.3.43 Chief executive officers 8
21 Functions of Authority 9
22 Membership of Authority 9
23 Prescribed minimum standards for registration 9
24 Authority to register students for home schooling 9
561058B.I-19/9/2007 i BILL LA INTRODUCTION 19/9/2007
Clause Page
25 Registration of education and training organisations 10
26 Criteria for registration 10
27 Approvals to enable delegation of powers 10
28 Who can issue qualifications? 11
29 Approval to provide courses for overseas students 11
30 Process for approval to provide courses for overseas students 12
31 New Part 4.5A inserted 12
PART 4.5A--OVERSEAS EXCHANGE STUDENTS 12
4.5.4A Approval of overseas secondary student exchange
organisations 12
4.5.4B Conditions of approval 13
4.5.4C Application for approval 13
4.5.4D Duration and renewal of approval 13
4.5.4E Application for renewal of approval 14
4.5.4F Suspension or cancellation of approval 14
32 Division of education and training organisations 14
33 Offence in relation to qualifications 15
34 Review by VCAT 15
35 Delegations by Minister 15
36 Minister's powers to fix fees 16
37 Delegation of Secretary's powers 16
38 Compensation for personal injuries 16
39 New section 5.6.2A inserted 17
5.6.2A Cessation of benefits 17
40 Authority to represent the Crown 17
41 Scholarships at Government schools 17
42 Powers of authorised officers 18
43 Scope of regulations 18
44 New section 6.1.4 inserted 19
6.1.4 Transitional provision--Teaching Service Act 19
45 New section 6.1.5 to 6.1.7 inserted 19
6.1.5 Transitional provision--Government teaching service 19
6.1.6 Transitional provision--directors of TAFE institute
boards 20
6.1.7 Transitional provision--operators of student exchange
programs 20
46 Amendments to Schedule 2 20
47 Regulations 21
48 Transitional and saving provisions 21
PART 3--AMENDMENT OF OTHER ACTS 22
49 Accident Compensation (WorkCover Insurance) Act 1993 22
50 Child Employment Act 2003 22
51 Child Wellbeing and Safety Act 2005 22
561058B.I-19/9/2007 ii BILL LA INTRODUCTION 19/9/2007
Clause Page
52 Children's Services Act 1996 23
52A Delegation by Secretary 23
53 Forests Act 1958 23
54 Public Administration Act 2004 24
55 Transport Act 1983 24
PART 4--REPEALS 25
56 Vocational Education and Training (Amendment) Act 1994 25
57 Repeal of Act 25
ENDNOTES 26
561058B.I-19/9/2007 iii BILL LA INTRODUCTION 19/9/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Education and Training Reform
Miscellaneous Amendments Bill 2007
A Bill for an Act to amend the Education and Training Reform Act
2006 in relation to overseas student exchange program providers,
home schooling, compensation for personal injury and registration of
teachers and other matters, to amend the Children's Services Act
1996 and the Public Administration Act 2004 and other Acts and for
other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Education and Training
5 Reform Act 2006--
(i) to provide for the approval of providers
of overseas student exchange programs;
and
561058B.I-19/9/2007 1 BILL LA INTRODUCTION 19/9/2007
Education and Training Reform Miscellaneous Amendments Bill 2007
Part 1--Preliminary
s. 2
(ii) to prevent double payments in respect
of personal injury for volunteer school
workers; and
(iii) to permit registration of home
5 schooling students up to 18 years of
age; and
(iv) to make further provision as to criminal
record checks for registered teachers;
and
10 (v) to improve generally the operation of
that Act; and
(b) to amend the Children's Services Act 1996
and the Public Administration Act 2004
and other Acts; and
15 (c) to repeal the Vocational Education and
Training (Amendment) Act 1994.
2 Commencement
(1) This Act, other than sections 6, 8, 38, 44, 48, 50,
54(1) and 54(2), comes into operation on the day
20 after the day on which it receives the Royal
Assent.
(2) Sections 6, 8, 38, 44, 48, 50, 54(1) and 54(2) are
deemed to have come into operation on 1 July
2007.
25 3 Principal Act
See: In this Act, the Education and Training Reform
Act No.
24/2006 and Act 2006 is called the Principal Act.
amending Act
Nos 80/2006
and 28/2007.
LawToday:
www.
legislation.
vic.gov.au
__________________
561058B.I-19/9/2007 2 BILL LA INTRODUCTION 19/9/2007
Education and Training Reform Miscellaneous Amendments Bill 2007
Part 2--Amendment of Education and Training Reform Act 2006
s. 4
PART 2--AMENDMENT OF EDUCATION AND TRAINING
REFORM ACT 2006
4 Definition
In section 1.1.3(1) of the Principal Act, for the
5 definition of higher education award
substitute--
"higher education award means a qualification
described as a higher education award in the
AQF but does not include a graduate
10 certificate if the course of study relating to
that certificate is an accredited vocational
education and training course included in the
State Register;".
5 Employment or engagement of teachers and other
15 staff in schools
In section 2.3.8(3) of the Principal Act, for
"Part 2.4 applies" substitute "Sections 5.10.4 and
5.10.5 and clause 8 of Schedule 6 apply".
6 Membership of Merit Protection Boards
20 In section 2.4.45(1) of the Principal Act, for
"employed" substitute "appointed".
7 Establishment of committees
(1) For section 2.5.7(3) of the Principal Act
substitute--
25 "(3) The Authority may, to facilitate its
functioning, establish any other committee
and appoint members to it including any
person who is not a member of the
Authority.".
30 (2) For section 2.5.7(4)(b) of the Principal Act
substitute--
"(b) 2 other persons, who need not be members of
the Authority.".
561058B.I-19/9/2007 3 BILL LA INTRODUCTION 19/9/2007
Education and Training Reform Miscellaneous Amendments Bill 2007
Part 2--Amendment of Education and Training Reform Act 2006
s. 8
(3) Section 2.5.7(6) of the Principal Act is repealed.
(4) In section 2.5.7(7) of the Principal Act omit "after
approval by the Minister under subsection (6)".
8 Non-practising registration
5 In section 2.6.11(2) of the Principal Act, for
"section 2.6.8" substitute "section 2.6.18".
9 New section 2.6.22A inserted
After section 2.6.22 of the Principal Act insert--
"2.6.22A Routine criminal record check
10 (1) Without limiting section 2.6.22, the Institute
must ensure that a criminal record check is
carried out under that section in respect of
each registered teacher before the end of the
5 years after the last criminal record check
15 carried out in respect of that teacher under
this Part or any corresponding previous
enactment.
(2) The Institute may recover from a registered
teacher the fee for a criminal record check
20 that has been, or is to be, carried out in
compliance with this section in respect of
that teacher.
(3) The registered teacher must pay the fee for
the criminal record check at the request of
25 the Institute by the date fixed by the Institute
and notified to the teacher.
(4) If a registered teacher fails to pay the fee for
a criminal record check without reasonable
excuse by the date fixed by the Institute and
30 notified to the teacher, the Institute may
suspend the registration of the teacher or
their permission to teach.
561058B.I-19/9/2007 4 BILL LA INTRODUCTION 19/9/2007
Education and Training Reform Miscellaneous Amendments Bill 2007
Part 2--Amendment of Education and Training Reform Act 2006
s. 10
(5) The Institute may revoke a suspension under
subsection (4) if the person concerned gives
a satisfactory explanation of the failure and
pays the criminal record check fee together
5 with any additional fee fixed by the
Minister.".
10 New Division 7A of Part 2.6 inserted
After Division 7 of Part 2.6 of the Principal Act
insert--
10 "Division 7A--Details of teachers in schools
2.6.26A Institute may request details of teachers in
schools
(1) The Institute may in writing request a person
or body who employs teachers in a school to
15 provide (within 28 days of the request)
details of the name, registration number and
date of birth of all or any of those teachers in
respect of the date or dates and in the manner
determined by the Institute.
20 (2) A person or body to whom a request is made
under subsection (1) must comply with that
request.
Penalty: 60 penalty units for a natural
person and 300 penalty units for a
25 body corporate.".
11 Employer to notify Institute of action against
teacher
For section 2.6.31(4) of the Principal Act
substitute--
30 "(4) The Chief Commissioner of Police must
immediately notify the Institute if the Chief
Commissioner becomes aware that a
registered teacher has been charged with, or
committed for trial for, or found guilty of--
561058B.I-19/9/2007 5 BILL LA INTRODUCTION 19/9/2007
Education and Training Reform Miscellaneous Amendments Bill 2007
Part 2--Amendment of Education and Training Reform Act 2006
s. 12
(a) a sexual offence; or
(b) an offence specified in clause 2 of
Schedule 1 to the Sentencing Act
1991; or
5 (c) an offence specified in clause 4 of
Schedule 1 to the Sentencing Act
1991; or
(d) an offence against section 71AB or 71B
of the Drugs, Poisons and Controlled
10 Substances Act 1981.".
12 Functions of the Commission
Before section 3.1.2(2)(a) of the Principal Act
insert--
"(aa) have regard to the functions conferred on the
15 boards of TAFE institutes by or under this
Act; and".
13 Performance agreements and financial powers
In section 3.1.4(4) of the Principal Act--
(a) for "council" (where twice occurring)
20 substitute "board"; and
(b) for paragraph (d) substitute--
"(d) make payments to a local learning and
employment network in accordance
with a performance management
25 agreement with the committee of
management of the network; and".
14 Incorporation of TAFE institute boards
In section 3.1.12(1)(f) of the Principal Act, for
"government" substitute "governance".
561058B.I-19/9/2007 6 BILL LA INTRODUCTION 19/9/2007
Education and Training Reform Miscellaneous Amendments Bill 2007
Part 2--Amendment of Education and Training Reform Act 2006
s. 15
15 Functions of TAFE institute boards
(1) In section 3.1.13(1)(a) of the Principal Act, for
"management plans" substitute "operational
business plans".
5 (2) For section 3.1.13(2)(b) of the Principal Act
substitute--
"(b) undertake research, development, education,
training delivery or other services on a
commercial basis for other organisations;".
10 16 Board directorship
In section 3.1.16(3) of the Principal Act, after
"persons" insert "with knowledge of, or
experience in, any industry in which the TAFE
institute provides training".
15 17 Reserve powers of Minister
(1) In section 3.1.19(1)(a) of the Principal Act, for
"managing" substitute "governing".
(2) In section 3.1.19(1)(d)(i) of the Principal Act, for
"management" substitute "governance".
20 18 Membership of the Board
In section 3.3.10(1) of the Principal Act--
(a) in paragraph (b), for "Deputy Chairperson;
and" substitute "Deputy Chairperson."; and
(b) paragraph (c) is repealed.
25 19 Chief Executive Officer--adult education institution
(1) In sections 3.3.33(1)(d), 3.3.35(1)(d)(i) and
3.3.37(2) of the Principal Act, for "director"
substitute "chief executive officer".
(2) In sections 3.3.40(1)(a) and 3.3.41(3) of the
30 Principal Act, for "an institution director"
substitute "a chief executive officer of the
institution".
561058B.I-19/9/2007 7 BILL LA INTRODUCTION 19/9/2007
Education and Training Reform Miscellaneous Amendments Bill 2007
Part 2--Amendment of Education and Training Reform Act 2006
s. 20
(3) In sections 3.3.40(3) and 3.3.41(1) of the Principal
Act, for "institution director" substitute "chief
executive officer of the institution".
(4) For the heading to section 3.3.41 of the Principal
5 Act substitute--
"Minister may object to chief executive officer
appointment".
20 Section 3.3.43 substituted
For section 3.3.43 of the Principal Act
10 substitute--
"3.3.43 Chief executive officers
(1) The chief executive officer of an
institution--
(a) is the chief executive officer of the
15 governing board of the institution; and
(b) is responsible for the day to day
administration and management of the
institution in accordance with any
policies or directions of the governing
20 board of the institution and with the
requirements of this Act.
(2) The chief executive officer of an institution
must satisfy the governing board that--
(a) funds are spent; and
25 (b) staff are carrying out functions; and
(c) the institution is generally managed and
administered--
in accordance with the requirements of this
Act.".
561058B.I-19/9/2007 8 BILL LA INTRODUCTION 19/9/2007
Education and Training Reform Miscellaneous Amendments Bill 2007
Part 2--Amendment of Education and Training Reform Act 2006
s. 21
21 Functions of Authority
After section 4.2.2(1)(f) of the Principal Act
insert--
"(fa) approve persons, organisations (including
5 education or training organisations) and
registered schools to operate student
exchange programs;".
22 Membership of Authority
In section 4.2.4(1) of the Principal Act--
10 (a) for "not more than 12 members" substitute
"not more than 13 members"; and
(b) after paragraph (b) insert--
"(ba) one is to be the Secretary to the
Department of Innovation, Industry and
15 Regional Development or his or her
nominee;".
23 Prescribed minimum standards for registration
In sections 4.3.2 and 4.3.3 of the Principal Act, for
"prescribed standards" (wherever occurring)
20 substitute "prescribed minimum standards".
24 Authority to register students for home schooling
At the end of section 4.3.9 of the Principal Act,
insert--
"(2) In this section--
25 student means a child--
(a) who is, or will be, at least 6 years
old during the year that he or she
is registered for home schooling;
and
30 (b) who is under the age of 18 years.".
561058B.I-19/9/2007 9 BILL LA INTRODUCTION 19/9/2007
Education and Training Reform Miscellaneous Amendments Bill 2007
Part 2--Amendment of Education and Training Reform Act 2006
s. 25
25 Registration of education and training organisations
In section 4.3.10(2)(d) of the Principal Act, for
"award or issue" (where twice occurring)
substitute "award, confer or issue".
5 26 Criteria for registration
(1) In section 4.3.11(1)(e) of the Principal Act, for
"processes;" substitute "processes.".
(2) Section 4.3.11(1)(f) of the Principal Act is
repealed.
10 (3) After section 4.3.11(1) of the Principal Act
insert--
"(1A) Without limiting subsection (1), the
prescribed minimum standards for
registration may require a person, body or
15 school to comply with any guidelines issued
by the Authority under this Division.".
(4) In section 4.3.11(2) of the Principal Act, for
"under this section" (where twice occurring)
substitute "under this Division".
20 27 Approvals to enable delegation of powers
After section 4.3.36(5) of the Principal Act
insert--
"(6) The Authority may authorise the payment of
fees under this section by periodic instalment
25 amounts fixed by the Authority.
(7) If the Authority authorises the payment of
fees by instalments for an investigation
under this section, the Authority may take
that action and may make any determination
30 in respect of the application on payment of
the first instalment of the fee.
561058B.I-19/9/2007 10 BILL LA INTRODUCTION 19/9/2007
Education and Training Reform Miscellaneous Amendments Bill 2007
Part 2--Amendment of Education and Training Reform Act 2006
s. 28
(8) The organisation, University or institution
required to pay fees under this section must
pay each instalment by the date that it is due
to be paid.
5 (9) Any instalment that is not paid by the due
date for that instalment is a debt due to the
Authority.".
28 Who can issue qualifications?
In section 4.4.5(1)(b) of the Principal Act--
10 (a) for "award or issue" (where first occurring)
substitute "award, conferral or issue"; and
(b) for "award or issue" (where secondly
occurring) substitute "award, confer or
issue".
15 29 Approval to provide courses for overseas students
(1) In section 4.5.1(1) of the Principal Act, after
"education or training organisation" insert
"or institution".
(2) In section 4.5.1(2) of the Principal Act--
20 (a) for "school, University or institution where
the course is to be provided" (where twice
occurring) substitute "school, University,
education or training organisation or
institution where, or by whom, the course is
25 to be provided";
(b) after paragraph (a) insert--
"(ab) the suitability of the course for overseas
students;".
561058B.I-19/9/2007 11 BILL LA INTRODUCTION 19/9/2007
Education and Training Reform Miscellaneous Amendments Bill 2007
Part 2--Amendment of Education and Training Reform Act 2006
s. 30
30 Process for approval to provide courses for overseas
students
For section 4.5.2(1) of the Principal Act
substitute--
5 "(1) A person authorised by a registered school,
University or another education or training
organisation or institution may apply in the
form approved by the Authority for approval
of the school, University, organisation or
10 institution to provide a specified course.".
31 New Part 4.5A inserted
After section 4.5.4 of the Principal Act, insert--
"PART 4.5A--OVERSEAS EXCHANGE
STUDENTS
15 4.5.4A Approval of overseas secondary student
exchange organisations
(1) The Authority may approve a person, an
organisation (including an education or
training organisation) or a registered school
20 as suitable to operate a student exchange
program.
(2) In deciding whether to grant approval, the
Authority may have regard to all or any of
the following matters in relation to the
25 person, organisation or registered school--
(a) the suitability of the person,
organisation or registered school to
operate a student exchange program;
(b) guidelines issued by the Authority;
30 (c) any other matter relating to the
management or operations of the
person, organisation or registered
561058B.I-19/9/2007 12 BILL LA INTRODUCTION 19/9/2007
Education and Training Reform Miscellaneous Amendments Bill 2007
Part 2--Amendment of Education and Training Reform Act 2006
s. 31
school proposing to operate the student
exchange program.
(3) The Authority may from time to time issue
guidelines for the purposes of determining
5 whether a person, organisation or registered
school is suitable to operate a student
exchange program.
(4) Any guidelines issued under subsection (3)
must be published as soon as practicable in
10 the Government Gazette.
4.5.4B Conditions of approval
The approval of a person, organisation or
registered school to operate a student
exchange program under section 4.5.4A is
15 subject to any conditions imposed by the
Authority.
4.5.4C Application for approval
(1) A person, or a person authorised by an
organisation or registered school, may apply
20 in the form approved by the Authority and
published in the Government Gazette for
approval of the person, organisation or
school to operate a student exchange
program.
25 (2) The Authority may require the applicant to
provide further information or material in
respect of the application for approval.
(3) An application under subsection (1) must be
accompanied by the fee (if any) fixed by the
30 Minister.
4.5.4D Duration and renewal of approval
(1) An approval under section 4.5.4A continues
in force for a period, not exceeding 6 years,
specified by the Authority unless sooner
35 suspended or cancelled by the Authority.
561058B.I-19/9/2007 13 BILL LA INTRODUCTION 19/9/2007
Education and Training Reform Miscellaneous Amendments Bill 2007
Part 2--Amendment of Education and Training Reform Act 2006
s. 32
(2) The renewal of an approval to operate a
student exchange program continues in force
for a period, not exceeding 6 years, specified
by the Authority unless sooner suspended or
5 cancelled by the Authority.
(3) Sections 4.5.4A, 4.5.4B and 4.5.4F apply to
a renewal of an approval in the same way as
they apply to an approval.
4.5.4E Application for renewal of approval
10 (1) A person, or a person authorised by an
organisation or registered school, may apply
in the form approved by the Authority and
published in the Government Gazette for
renewal of an approval to operate a student
15 exchange program before the existing
approval expires.
(2) The Authority may require the applicant to
provide further information or material in
respect of the application for renewal of an
20 approval.
(3) An application under subsection (1) must be
accompanied by the fee (if any) fixed by the
Minister.
4.5.4F Suspension or cancellation of approval
25 The Authority may suspend or cancel, or
impose any condition on, the approval of a
person, organisation or registered school to
operate a student exchange program if the
person, organisation or school breaches a
30 condition of its approval imposed under
section 4.5.4B or this section.".
32 Division of education and training organisations
In section 4.6.2 of the Principal Act, for "award or
issue" (where twice occurring) substitute "award,
35 confer or issue".
561058B.I-19/9/2007 14 BILL LA INTRODUCTION 19/9/2007
Education and Training Reform Miscellaneous Amendments Bill 2007
Part 2--Amendment of Education and Training Reform Act 2006
s. 33
33 Offence in relation to qualifications
In section 4.7.9 of the Principal Act, for "award or
issue" (wherever occurring) substitute "award,
confer or issue".
5 34 Review by VCAT
(1) In section 4.8.1(1)(h) of the Principal Act, for
"Part 4.5." substitute "Part 4.5; or".
(2) After section 4.8.1(1)(h) of the Principal Act
insert--
10 "(i) not to approve a person, organisation
(including an education or training
organisation) or registered school to operate
a student exchange program under Part 4.5A;
or
15 (j) to suspend or cancel the approval of a
person, organisation (including an education
or training organisation) or registered school
to operate a student exchange program under
Part 4.5A.".
20 35 Delegations by Minister
In section 5.2.9 of the Principal Act--
(a) after "member of the Parliament of Victoria"
insert ", any person holding office under this
Act"; and
25 (b) in paragraph (d), for "Chairperson, member
or acting member" substitute "Chairperson
or member".
561058B.I-19/9/2007 15 BILL LA INTRODUCTION 19/9/2007
Education and Training Reform Miscellaneous Amendments Bill 2007
Part 2--Amendment of Education and Training Reform Act 2006
s. 36
36 Minister's powers to fix fees
After section 5.2.13(2) of the Principal Act
insert--
"(3) If the Minister fixes a fee by Order under this
5 section, the Minister may in the Order
authorise the payment of the fee by periodic
instalment amounts fixed by the Minister.
(4) Despite anything to the contrary in this Act,
if the Minister authorises the payment of a
10 fee by instalments in respect of an
application or investigation, the body
considering the application or undertaking
the investigation may take that action and
may make any determination in respect of
15 the application on payment of the first
instalment of the fee.
(5) The person required to pay the fee that is
authorised to be paid by instalments must
pay each instalment by the date that it is due
20 to be paid.
(6) Any instalment that is not paid by the due
date for that instalment is a debt due to the
body charging the fee.".
37 Delegation of Secretary's powers
25 In section 5.3.3(2) of the Principal Act, after
"school council" insert "or any other person".
38 Compensation for personal injuries
In section 5.6.2(4) of the Principal Act, for
"subject to that Act" substitute "subject to the
30 Accident Compensation Act 1985".
561058B.I-19/9/2007 16 BILL LA INTRODUCTION 19/9/2007
Education and Training Reform Miscellaneous Amendments Bill 2007
Part 2--Amendment of Education and Training Reform Act 2006
s. 39
39 New section 5.6.2A inserted
After section 5.6.2 of the Principal Act, insert--
"5.6.2A Cessation of benefits
(1) If judgment is obtained, or a compromise or
5 settlement is made, in respect of proceedings
referred to in section 134AB(1) of the
Accident Compensation Act 1985 in
respect of an injury, the Authority or the
Crown as the employer is not liable--
10 (a) where pecuniary loss damages (within
the meaning of section 134AB of the
Accident Compensation Act 1985) are
awarded, to make payments under
section 93CA, 93CB, 93CC, 93E or
15 93EA of that Act in respect of the
injury; or
(b) where pain and suffering damages
(within the meaning of section 134AB
of the Accident Compensation Act
20 1985) are awarded, to make payments
under section 98C or 98E of that Act in
respect of the injury.
(2) This section applies only in respect of
proceedings issued after the commencement
25 of section 39 of the Education and
Training Reform Miscellaneous
Amendments Act 2007.".
40 Authority to represent the Crown
In section 5.6.5 of the Principal Act, for "or
30 VCAT" substitute ", VCAT or the Accident
Compensation Conciliation Service or a Medical
Panel".
41 Scholarships at Government schools
In section 5.7.1(3) of the Principal Act, for "liable
35 to for" substitute "liable for".
561058B.I-19/9/2007 17 BILL LA INTRODUCTION 19/9/2007
Education and Training Reform Miscellaneous Amendments Bill 2007
Part 2--Amendment of Education and Training Reform Act 2006
s. 42
42 Powers of authorised officers
In section 5.8.3(3) of the Principal Act--
(a) after paragraph (e) insert--
"(ea) where, or where the officer has
5 reasonable cause to believe that, a
person, organisation or registered
school approved under Part 4.5A to
operate a student exchange program is
operating a student exchange program;
10 and";
(b) in paragraph (k), for "those documents."
substitute "those documents; and";
(c) after paragraph (k) insert--
"(l) in the case of a place referred to in
15 paragraph (ea), may make any inquiries
or inspect and examine any documents
relating to the matters referred to in
section 4.5.4A or guidelines made
under that section about those matters
20 and take copies or extracts from those
documents.".
43 Scope of regulations
In section 5.10.2(4)(c) of the Principal Act--
(a) in subparagraph (ii), for "at any time before
25 then;" substitute "at any time before then;
or"; and
(b) after subparagraph (ii), insert--
"(iii) as amended from time to time;".
561058B.I-19/9/2007 18 BILL LA INTRODUCTION 19/9/2007
Education and Training Reform Miscellaneous Amendments Bill 2007
Part 2--Amendment of Education and Training Reform Act 2006
s. 44
44 New section 6.1.4 inserted
After section 6.1.3 of the Principal Act insert--
"6.1.4 Transitional provision--Teaching Service
Act
5 Despite its repeal, the Teaching Service Act
1981 as in force immediately before 1 July
2007 continues to apply to--
(a) an inquiry under section 45 or Part V of
that Act that has commenced but has
10 not been finally determined before
1 July 2007; and
(b) any action under section 9 of that Act
that has commenced but not concluded
before 1 July 2007; and
15 (c) any action under section 65A or 65B of
that Act that has commenced but not
concluded before 1 July 2007.".
45 New section 6.1.5 to 6.1.7 inserted
After section 6.1.4 of the Principal Act insert--
20 "6.1.5 Transitional provision--Government
teaching service
This Act applies to--
(a) an inquiry under section 2.4.56; and
(b) any action that may or must be taken
25 under Division 9 of Part 2.4; and
(c) any investigation or inquiry under
Division 10 of Part 2.4--
that commences after the commencement of
section 45 of the Education and Training
30 Reform Miscellaneous Amendments Act
2007, irrespective of when the grounds for
action are alleged to have occurred.
561058B.I-19/9/2007 19 BILL LA INTRODUCTION 19/9/2007
Education and Training Reform Miscellaneous Amendments Bill 2007
Part 2--Amendment of Education and Training Reform Act 2006
s. 46
6.1.6 Transitional provision--directors of
TAFE institute boards
A person who, immediately before the
commencement of section 16 of the
5 Education and Training Reform
Miscellaneous Amendments Act 2007, held
office as a director of a TAFE institute
board, continues to hold office as a director
for the balance of his or her term of
10 appointment subject to this Act as if that
section had not been enacted.
6.1.7 Transitional provision--operators of
student exchange programs
A school or organisation that was registered
15 with the Department immediately before the
commencement of section 31 of the
Education and Training Reform
Miscellaneous Amendments Act 2007 as
suitable to operate a student exchange
20 program is deemed to be approved by the
Authority under Part 4.5A to operate that
program for 3 years after the commencement
of that section unless that approval is sooner
suspended or cancelled by the Authority
25 under that Part.".
46 Amendments to Schedule 2
(1) In clause 3 of Schedule 2 to the Principal Act--
(a) in subclause (1), after "statutory authority"
insert "(other than a university)"; and
30 (b) in subclause (3), after "a director of a TAFE
institute" insert "board"; and
(c) in subclause (4), for "director of an Adult
Education Institution" substitute "member
of the governing board of an adult education
35 institution"; and
561058B.I-19/9/2007 20 BILL LA INTRODUCTION 19/9/2007
Education and Training Reform Miscellaneous Amendments Bill 2007
Part 2--Amendment of Education and Training Reform Act 2006
s. 47
(d) in subclause (5), for "TAFE institute or an
Adult Education Institution" substitute
"TAFE institute board or members of the
governing board of an adult education
5 institution".
(2) In Schedule 2 to the Principal Act, in clauses
10(1) and 11 for "Authority" (wherever occurring)
substitute "authority".
47 Regulations
10 In Schedule 5 to the Principal Act, in clauses 1.3
and 1.5, for "pupils" (wherever occurring)
substitute "students".
48 Transitional and saving provisions
(1) In Schedule 8 to the Principal Act--
15 (a) in clause 1.5.2--
(i) after "note" insert "on"; and
(ii) for "clause 1.4.1" substitute
"clause 1.5.1"; and
(b) in clause 1.8(c), for "clause 1.4" substitute
20 "clause 1.5"; and
(c) in clause 1.10, for "Victorian Learning and
Skills Commission" substitute "Victorian
Learning and Employment Skills
Commission".
25 (2) In Schedule 8 to the Principal Act, for
subclause 1.7.2 substitute--
"1.7.2 The Department is deemed to be approved
by the Authority to provide a course as a
specified course to students from overseas
30 under Part 4.5 for 3 years after the
commencement of section 6.1.1(l).".
__________________
561058B.I-19/9/2007 21 BILL LA INTRODUCTION 19/9/2007
Education and Training Reform Miscellaneous Amendments Bill 2007
Part 3--Amendment of Other Acts
s. 49
PART 3--AMENDMENT OF OTHER ACTS
See: 49 Accident Compensation (WorkCover Insurance)
Act No.
50/1993. Act 1993
Reprint No. 6
as at In section 7(4B) of the Accident Compensation
1 July 2005
5 and
(WorkCover Insurance) Act 1993, for
amending "Department of Education" (wherever occurring)
Act No.
41/2006.
substitute "Department of Education and Early
LawToday: Childhood Development".
www.
legislation.
vic.gov.au
See: 50 Child Employment Act 2003
Act No.
81/2003
10 and
In section 11 of the Child Employment Act
amending 2003, for "section 74G of the Community
Act Nos
80/2004,
Services Act 1970" substitute "section 2.1.5 of
108/2004, the Education and Training Reform Act 2006".
97/2005,
24/2006,
48/2006 and
28/2007.
LawToday:
www.
legislation.
vic.gov.au
See: 51 Child Wellbeing and Safety Act 2005
Act No.
83/2005
15 and
In section 14(d) of the Child Wellbeing and
amending Safety Act 2005, for "Department of Education"
Act Nos
96/2005,
substitute "Department of Education and Early
97/2005, Childhood Development".
23/2006,
80/2006 and
28/2007.
LawToday:
www.
legislation.
vic.gov.au
561058B.I-19/9/2007 22 BILL LA INTRODUCTION 19/9/2007
Education and Training Reform Miscellaneous Amendments Bill 2007
Part 3--Amendment of Other Acts
s. 52
52 Children's Services Act 1996 See:
Act No.
(1) In section 3(1) of the Children's Services Act 53/1996.
1996-- Reprint No. 1
as at
9 December
(a) for the definition of Department 1999
5 substitute-- and
amending
"Department means the Department of Act Nos
74/2000,
Education and Early Childhood 108/2004,
Development;"; and 10/2005,
24/2006 and
(b) for the definition of Secretary substitute-- 48/2006.
LawToday:
www.
10 "Secretary means the Secretary to the legislation.
Department of Education and Early vic.gov.au
Childhood Development;".
(2) In section 3(2) of the Children's Services Act
1996, for "Department of Human Services"
15 substitute "Department of Education and Early
Childhood Development".
(3) After section 52 of the Children's Services Act
1996 insert--
"52A Delegation by Secretary
20 The Secretary, by instrument, may delegate
to any employee in the Department any
power or function of the Secretary under this
Act other than this power of delegation.".
53 Forests Act 1958 See:
Act No.
6254.
25 In section 91 of the Forests Act 1958, for Reprint No. 9
"Department of Education and Training" as at
18 May 2006
(wherever occurring) substitute "Department of and
Education and Early Childhood Development". amending
Act Nos
60/2005,
24/2006 and
63/2006.
LawToday:
www.
legislation.
vic.gov.au
561058B.I-19/9/2007 23 BILL LA INTRODUCTION 19/9/2007
Education and Training Reform Miscellaneous Amendments Bill 2007
Part 3--Amendment of Other Acts
s. 54
See: 54 Public Administration Act 2004
Act No.
108/2004. (1) For section 5(1A)(a) of the Public
Reprint No. 1 Administration Act 2004 substitute--
as at
11 October
2006
"(a) the board of a TAFE institute within the
5 and meaning of the Education and Training
amending
Act Nos
Reform Act 2006 (other than the TAFE
23/2006, division of a university);".
24/2006,
43/2006 and (2) In section 5(1A)(b) of the Public Administration
28/2007.
LawToday: Act 2004, for "AMES, or the Centre for Adult
10 www. Education" substitute "the Board of AMES and
legislation.
vic.gov.au the Board of the Centre for Adult Education".
(3) In Schedule 1 to the Public Administration Act
2004, in clause 1, in the definition of teaching
service, for "Department of Education" substitute
15 "Department of Education and Early Childhood
Development".
See: 55 Transport Act 1983
Act No.
9921.
Reprint No. 12
In section 86(1) of the Transport Act 1983, in
as at paragraph (a) of the definition of public
1 January
20 2007
commercial passenger vehicle, for "Department
and of Education of Victoria" substitute "Department
amending
Act Nos
of Education and Early Childhood Development
95/2005, of Victoria".
97/2005,
9/2006,
47/2006,
48/2006,
71/2006,
85/2006,
28/2007 and
30/2007.
LawToday:
www.
legislation.
vic.gov.au
__________________
561058B.I-19/9/2007 24 BILL LA INTRODUCTION 19/9/2007
Education and Training Reform Miscellaneous Amendments Bill 2007
Part 4--Repeals
s. 56
PART 4--REPEALS
56 Vocational Education and Training (Amendment) See:
Act No.
Act 1994 62/1994.
The Vocational Education and Training
5 (Amendment) Act 1994 is repealed.
57 Repeal of Act
This Act is repealed on the first anniversary of
the day on which it receives the Royal Assent.
561058B.I-19/9/2007 25 BILL LA INTRODUCTION 19/9/2007
Education and Training Reform Miscellaneous Amendments Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561058B.I-19/9/2007 26 BILL LA INTRODUCTION 19/9/2007
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