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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Education (Preschools) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Definitions 2
4. Delegation by Minister 2
5. Ministerial directions and guidelines 2
6. Employment of staff to provide preschool programs 3
7. Works 3
8. Sub-committees 3
9. Minister to act if no council 3
10. School work 3
11. New Part 5A inserted 4
PART 5A--PRESCHOOL PROGRAMS 4
66. Application of Part 4
67. School councils may provide for preschool programs 4
68. Acquisition and disposal of land for preschools 5
69. Powers of school councils 6
70. Fees for preschool programs 6
71. Application and accounting for money 7
12. Children's services centres 7
13. Statute law revision 8
NOTES 9
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Clause Page
THIS PAGE IS TO BE MASKED
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s. 2
PARLIAMENT OF VICTORIA
A BILL
to amend the Education Act 1958 with respect
to the provision of preschool programs and to make related
amendments to Part XIA of the Health Act 1958 and for other
purposes.
Education (Preschools) Act 1997
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Education Act 1958 with respect to the provision
of preschool programs and to make related
5 amendments to Part XIA of the Health Act 1958.
2. Commencement
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Education (Preschools) Act 1997
Act No.
(1) Sections 1, 13 and this section 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 1 January 1999, it
comes into operation on that date.
10 3. Definitions
No. 6240. In section 3(1) of the Education Act 1958,
Reprint No. 6
insert--
as at 15
March 1995
' "preschool program" means a preschool
and further
program provided for any child who is of or
amended by
Nos 104/1995,
15 over the age of 3 years and under school age
44/1996,
on 30 April in the year that the child takes
47/1996,
59/1996,
part in the preschool program;
3/1997 and
20/1997.
"school council" means the council of a State
school or group of schools that is constituted
20 under section 13;'.
4. Delegation by Minister
After section 8 of the Education Act 1958
insert--
"(2) The Minister may, by instrument, delegate to
25 any school council any power of the Minister
under this Act relating to the provision of
preschool programs, other than this power of
delegation and the Minister's powers under
section 14A.".
30 5. Ministerial directions and guidelines
In section 14A of the Education Act 1958, after
sub-section (3) insert--
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Education (Preschools) Act 1997
s. 6
Act No.
"(4) Without limiting sub-section (1), the
Minister may give directions or issue
guidelines to a council exercising functions
and powers under Part 5A about the
5 provision of preschool programs including
directions or guidelines for or with respect to
the fees to be charged for those programs.".
6. Employment of staff to provide preschool programs
In section 15B(1)(d) of the Education Act 1958,
10 after "15" insert "or Part 5A".
7. Works
In section 15C(1) of the Education Act 1958,
after paragraph (b) insert--
"; or
15 (c) construct or carry out any building structure
or improvements in or on the school grounds
or any other land that the Minister has
acquired an estate or interest in to provide
preschool programs.".
20 8. Sub-committees
In section 15CA(2) of the Education Act 1958,
for "to the committee" substitute "to members of
the committee".
9. Minister to act if no council
25 In section 15G of the Education Act 1958, after
"in respect of the school" insert "or any program
(including a preschool program) offered by the
school".
10. School work
30 In section 34A of the Education Act 1958, in
paragraph (c) of the definition of "school work",
after "school" insert "or the provision of a
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Education (Preschools) Act 1997
s. 11
Act No.
preschool program by the council of any State
school".
11. New Part 5A inserted
After section 65 of the Education Act 1958
5 insert--
"PART 5A--PRESCHOOL PROGRAMS
66. Application of Part
(1) A child who takes part in a preschool
program conducted under this Part is not, for
10 the purposes of this Act or any other Act
relating to the care or education of preschool
children, to be taken to be a pupil enrolled at
a State school.
(2) The powers of a school council under this
15 Part are in addition to and do not limit the
powers of a school council under any other
provision of this Act.
67. School councils may provide for preschool
programs
20 (1) The council of a State school or a group of
State schools that provides primary
education may, in accordance with any
direction or guideline issued under section
14A--
25 (a) provide preschool programs on the
premises of that school or any of the
schools in that group of schools or on
any other land or premises under the
control of the Minister; or
30 (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
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Act No.
that school or any of the schools in that
group of schools or other premises
under the control of the Minister to
provide a preschool program on those
5 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
15 children using the program are accounted for
separately from pupils enrolled at the school
in school programs.
68. Acquisition and disposal of land for
preschools
20 (1) The Minister may acquire by agreement any
estate or interest in land to be used--
(a) by the council of a school or a group of
schools to operate a preschool program
or programs on the land or on premises
25 on the land; or
(b) by another school council, person or
body that has entered into an agreement
or arrangement under section 67(1)(b)
or (c) with a school council to provide
30 preschool programs on the land or on
premises on the land.
(2) The Minister may dispose of any estate,
interest, privilege or right in or over--
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Act No.
(a) land in which the Minister has acquired
an estate or interest under sub-section
(1); or
(b) land that is to be used for providing
5 preschool programs in accordance with
this Part that is vested in the Minister or
taken on lease under section 18A.
(3) The Minister may dispose of any estate,
interest, privilege or right, except an interest
10 in fee simple, in or over land of the Crown
reserved for any educational purpose if the
land is to be used for providing preschool
programs in accordance with this Part.
(4) The council of a school or a group of schools
15 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 to be used to operate a
preschool program or programs for children.
20 69. Powers of school councils
The council of a school or a group of schools
that provides, or makes agreements or
arrangements for the provision of, preschool
programs under this Part or proposes to do
25 any of those things has power to enter into
any contract for the provision of goods or
services of any kind to carry out the
functions of the school council relating to the
provision of preschool programs.
30 70. Fees for preschool programs
The council of a school or group of schools,
or any other person or body authorised by
such a council under section 67(1)(b) or (c),
may require the payment of fees for the
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Education (Preschools) Act 1997
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Act No.
provision of preschool programs and other
related services.
71. Application and accounting for money
(1) The council of a school or a group of schools
5 that provides, or makes agreements or
arrangements for the provision of, preschool
programs under this Part must ensure that
any fees or other money received by the
council in the course of that provision or
10 those agreements or arrangements is applied
to the provision of preschool programs
unless directed otherwise by a direction or
guideline issued under section 14A.
(2) The council of a school or a group of schools
15 that provides, or makes agreements or
arrangements for the provision of, preschool
programs under this Part must ensure that
separate accounts and financial records are
maintained in relation to the provision of
20 those programs.".
12. Children's services centres
In section 208A of the Health Act 1958, after
sub-section (2) insert--
"(3) This Part applies to a school council that
25 conducts a children's services centre but
nothing in this Part makes the school council
liable to be prosecuted for an offence under
this Part.
(4) Despite sub-section (2), this Part applies to a
30 school council or any other person or body
which conducts a children's services centre
on or at any premises or place which is a
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Education (Preschools) Act 1997
s. 13
Act No.
school established under the Education Act
1958.".
5 13. Statute law revision
In the Education Act 1958--
(a) in section 15B(3) for "employés" (where
twice occurring) substitute "employees";
(b) in section 64MA(4)(d) omit "and".
10
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Education (Preschools) Act 1997
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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