Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Education (Teachers) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Definition of sexual offence 2
4. New section 38 substituted 2
38. Disqualified teachers etc. not to recover in court of law 2
5. New section 41A inserted 3
41A. Automatic disqualification etc. from teaching 3
6. Cancellation of registration of schools 4
7. Offences 4
8. Supreme Court--limitation of jurisdiction 5
NOTES 6
i
532042B.A1-19/3/98
PARLIAMENT OF VICTORIA
Initiated in Assembly 25 February 1998
As amended by Assembly 18 March 1998
A BILL
to amend the Education Act 1958 to provide for the disqualification
from teaching of teachers found guilty of sexual offences involving
children and for other purposes.
Education (Teachers) Act 1998
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Education Act 1958 to provide for the
disqualification from teaching of teachers found
5 guilty of sexual offences involving children.
2. Commencement
This Act comes into operation on the day on
which it receives the Royal Assent.
1
532042B.A1-19/3/98
Education (Teachers) Act 1998
s. 3
Act No.
3. Definition of sexual offence
No. 6240. At the end of section 35 of the Education Act
Reprinted to
1958 insert--
No. 82/1994
and further
'(2) In this Part, "sexual offence" means--
amended by
Nos 31/1994,
5 (a) an offence against section 44(2), 45, 46,
104/1995,
44/1996, 47, 47A, 48, 49, 49A, 54, 56, 58, 60,
47/1996,
68, 69 or 70 of the Crimes Act 1958;
59/1996,
3/1997, or
20/1997,
60/1997,
(b) an offence against section 38, 39, 40,
80/1997,
10 44(1), 53, 55, 57, or 59 of the Crimes
82/1997,
93/1997 and
Act 1958 involving a person under the
96/1997.
age of 18; or
(c) an offence of attempting to commit any
offence referred to in paragraph (a) or
15 (b); or
(d) any other offence, whether committed
in Victoria or elsewhere, the necessary
elements of which consist of or include
elements which constitute an offence
20 referred to in paragraph (a), (b) or (c).'.
4. New section 38 substituted
For section 38 of the Education Act 1958
substitute--
"38. Disqualified teachers etc. not to recover in
25 court of law
A person is not entitled to recover in a court
of law any amount for services rendered as a
teacher in a school in respect of any period
during which the person--
30 (a) was not a registered teacher; or
2
532042B.A1-19/3/98
Education (Teachers) Act 1998
s. 5
Act No.
(b) had not obtained the express permission
of the Board to teach in a school; or
(c) was disqualified from teaching under
section 41A(3).".
5 5. New section 41A inserted
After section 41 of the Education Act 1958
insert--
"41A. Automatic disqualification etc. from
teaching
10 (1) A person who is registered under this Part
ceases to be so registered if the person is, in
Victoria or elsewhere, convicted or found
guilty of a sexual offence.
(2) A person who has obtained the express
15 permission of the Board to teach in a school
ceases to have that permission if the person
is, in Victoria or elsewhere, convicted or
found guilty of a sexual offence.
(3) A person who is, in Victoria or elsewhere,
20 convicted or found guilty of a sexual offence
is disqualified from teaching in a school,
whether in the subjects prescribed for the
purposes of section 35 or otherwise.
(4) For the purposes of sub-sections (1), (2) and
25 (3), a conviction or finding of guilt takes
effect on the 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.
30 (5) If a finding or conviction in relation to a
person 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
3
532042B.A1-19/3/98
Education (Teachers) Act 1998
s. 6
Act No.
person with respect to that particular finding
or conviction.
(6) Nothing in this section limits the powers of
the Board under section 41.
5 (7) This section applies only to a conviction or a
finding of guilt that occurs after the
commencement of the Education
(Teachers) Act 1998.".
6. Cancellation of registration of schools
10 In section 43(1) of the Education Act 1958--
(a) after paragraph (a) insert "or";
(b) after paragraph (b) insert--
"; or
(ba) the proprietor or head teacher of the school
15 has employed as a teacher a person whom
the proprietor or head teacher knew to be
disqualified from teaching in a school under
section 41A(3); or".
7. Offences
20 (1) After section 44(2) of the Education Act 1958
insert--
"(2A) A person who is disqualified from teaching
under section 41A(3) must not teach in a
school, whether in the subjects prescribed for
25 the purposes of section 35 or otherwise.".
(2) After section 44(3) of the Education Act 1958
insert--
"(3A) A proprietor or head teacher of a school must
not employ as a teacher in the school,
30 whether in the subjects prescribed for the
4
532042B.A1-19/3/98
Education (Teachers) Act 1998
s. 8
Act No.
purposes of section 35 or otherwise, a person
whom the proprietor or head teacher knows
is disqualified from teaching under section
41A(3).".
5 8. Supreme Court--limitation of jurisdiction
After section 81A of the Education Act 1958
insert--
"(2) It is the intention of section 38 to alter or
vary section 85 of the Constitution Act
10 1975.".
5
532042B.A1-19/3/98
Education (Teachers) Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
6
532042B.A1-19/3/98
[Index] [Search] [Download] [Related Items] [Help]