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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Education Legislation (Miscellaneous Amendments)
Act 2003
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. 2
Children and Young Persons Act 1989--teachers
4. Delegations 2
5. Teachers in schools 3
Employment or engagement of teachers in schools". 3
6. Courses of study 5
7. Notices 5
8. Definition 5
9. Appointments to the teaching service 6
10. New Part IVA inserted 8
PART IVA--DISMISSAL AND SUSPENSION 8
65A. Dismissal of disqualified and unregistered teachers 8
65B. Suspension and dismissal of unregistered teachers 8
11. New sections 76 and 77 substituted 9
76. Minister may delegate powers 9
77. Secretary may delegate powers 9
12. Disqualified teachers 10
13. Notification 10
14. Statute law revision 10
ENDNOTES 12
i
551103B.A1-17/10/2003 BILL LA AS SENT 17/10/2003
PARLIAMENT OF VICTORIA
Initiated in Assembly 16 September 2003
As amended by Assembly 16 October 2003
Victorian Legislation and Parliamentary Documents
A BILL
to amend the Children and Young Persons Act 1989, the Education
Act 1958, the Teaching Service Act 1981 and the Victorian
Institute of Teaching Act 2001 and for other purposes.
Education Legislation (Miscellaneous
Amendments) Act 2003
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Children and Young Persons Act 1989, the
Education Act 1958, the Teaching Service Act
5 1981 and the Victorian Institute of Teaching
Act 2001.
551103B.A1-17/10/2003 BILL LA AS SENT 17/10/2003
1
Education Legislation (Miscellaneous Amendments) Act 2003
s. 2
Act No.
2. Commencement
This Act comes into operation on the day after the
Victorian Legislation and Parliamentary Documents
day on which it receives the Royal Assent.
3. Children and Young Persons Act 1989--teachers
5 See: For section 64(1C)(d), (da) and (db) of the
Act No.
Children and Young Persons Act 1989
56/1989.
Reprint No. 7 substitute--
as at
1 March 2002
"(d) a person who is registered as a teacher under
and
the Victorian Institute of Teaching Act
amending
10 Act Nos
2001 or has been granted permission to teach
11/2002 and
under that Act;".
35/2002.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Delegations
See: (1) For section 4(12) of the Education Act 1958
Act No.
substitute--
6240.
Reprint No. 8
15 "(12) The Secretary by instrument may delegate to
as at
24 February
any person any power or function of the
2000
Secretary under this Act, other than this
and
amending
power of delegation and the Secretary's
Act Nos
powers under section 5A.".
8/2000,
67/2000,
20 (2) In section 5A(4) of the Education Act 1958, for
97/2000,
27/2001,
"delegate to a sub-committee" substitute
44/2001 and
"delegate to a member or the members of a sub-
96/2001.
LawToday:
committee".
www.dms.
dpc.vic.
(3) For section 8(1) of the Education Act 1958
gov.au
25 substitute--
"(1) The Minister by instrument may delegate to
any person any power or function of the
Minister under this Act other than--
(a) this power of delegation;
2
551103B.A1-17/10/2003 BILL LA AS SENT 17/10/2003
Education Legislation (Miscellaneous Amendments) Act 2003
s. 5
Act No.
(b) a power to give directions or issue
guidelines under this Act;
Victorian Legislation and Parliamentary Documents
(c) the Minister's powers under sections
19A and 68.".
5 5. Teachers in schools
(1) Insert the following heading to section 15B of the
Education Act 1958--
"Employment or engagement of teachers in
schools".
10 (2) After section 15B(3) of the Education Act 1958
insert--
"(4) A person who has, at any time, in Victoria or
elsewhere, been convicted or found guilty of
a sexual offence within the meaning of the
15 Victorian Institute of Teaching Act 2001 is
not eligible to be employed by a school
council as a teacher within the meaning of
that Act.
(5) A person is not eligible to be employed by a
20 school council as a teacher within the
meaning of the Victorian Institute of
Teaching Act 2001 unless the person is
registered or permitted to teach under that
Act.
25 (6) A school council must dismiss or remove a
person who is employed or engaged by the
school council as a teacher within the
meaning of the Victorian Institute of
Teaching Act 2001 and who has, at any
30 time, in Victoria or elsewhere, been
convicted or found guilty of a sexual offence
within the meaning of that Act.
3
551103B.A1-17/10/2003 BILL LA AS SENT 17/10/2003
Education Legislation (Miscellaneous Amendments) Act 2003
s. 5
Act No.
(7) If a person who is employed or engaged by a
school council as a teacher within the
meaning of the Victorian Institute of
Victorian Legislation and Parliamentary Documents
Teaching Act 2001 is refused registration or
5 permission to teach under that Act or has had
his or her registration or permission to teach
cancelled or suspended under that Act, the
school council may suspend the person
without pay from duty as a teacher for the
10 period that the person's registration or
permission to teach is refused, cancelled or
suspended.
(8) Without limiting any of its other powers, a
school council may dismiss or remove a
15 person who is employed or engaged by the
school council as a teacher within the
meaning of the Victorian Institute of
Teaching Act 2001 if the person is refused
registration or permission to teach under the
20 Victorian Institute of Teaching Act 2001
or has his or her registration or permission to
teach cancelled or suspended under that Act.
(9) If a person employed or engaged by a school
council as a teacher within the meaning of
25 the Victorian Institute of Teaching Act
2001--
(a) is refused registration or permission to
teach under that Act or has his or her
registration or permission to teach
30 cancelled or suspended under that Act;
and
(b) remains unregistered or without
permission to teach for a continuous
period of 12 months--
35 the employment or engagement of that
person ceases, by virtue of this sub-section,
at the end of that period of 12 months.
4
551103B.A1-17/10/2003 BILL LA AS SENT 17/10/2003
Education Legislation (Miscellaneous Amendments) Act 2003
s. 6
Act No.
(10) For the purposes of sub-section (9)(b), any
period during which a person remains
unregistered or without permission to teach
Victorian Legislation and Parliamentary Documents
does not include any period during which the
5 person is on leave approved by the school
council.
(11) The school council must notify in writing a
person whose employment or engagement
has ceased under sub-section (9).".
10 6. Courses of study
Division 2 of Part II of the Education Act 1958 is
repealed.
7. Notices
See:
In the Teaching Service Act 1981-- Act No.
15 9714.
(a) in section 2(1), the definition of "public Reprint No. 5
notice" is repealed; as at
24 May 2000
(b) for section 10(a) substitute-- and
amending
Act No.
"(a) notice of the vacancy in the office or
96/2001.
proposed office has been published at LawToday:
20 www.dms.
least once; and";
dpc.vic.
gov.au
(c) in section 62(5) and (6), for "in the
prescribed manner" substitute "at least
once";
(d) in section 77A, omit "in a publication
25 circulating".
8. Definition
In section 2(1) of the Teaching Service Act 1981
insert the following definition--
' "registered", in relation to a person employed in
30 the teaching service, includes permitted to
teach under the Victorian Institute of
Teaching Act 2001;'.
5
551103B.A1-17/10/2003 BILL LA AS SENT 17/10/2003
Education Legislation (Miscellaneous Amendments) Act 2003
s. 9
Act No.
9. Appointments to the teaching service
(1) After section 5(2) of the Teaching Service Act
Victorian Legislation and Parliamentary Documents
1981 insert--
"(2A) A person who has, at any time, in Victoria or
5 elsewhere, been convicted or found guilty of
a sexual offence within the meaning of the
Victorian Institute of Teaching Act 2001 is
not eligible for appointment to an office in
the teaching service.
10 (2B) A person is not eligible for appointment to
an office in the teaching service unless the
person is registered under the Victorian
Institute of Teaching Act 2001.".
(2) After section 9(2) of the Teaching Service Act
15 1981 insert--
"(2A) A person who has, at any time, in Victoria or
elsewhere, been convicted or found guilty of
a sexual offence within the meaning of the
Victorian Institute of Teaching Act 2001 is
20 not eligible to be selected for appointment to
the teaching service.
(2B) A person is not eligible to be selected for
appointment to the teaching service unless
the person is registered under the Victorian
25 Institute of Teaching Act 2001.".
(3) After section 9(8) of the Teaching Service Act
1981 insert--
"(9) The Secretary must dismiss or remove a
person who is employed under this section if
30 the person has, at any time, in Victoria or
elsewhere, been convicted or found guilty of
a sexual offence within the meaning of the
Victorian Institute of Teaching Act 2001.
6
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Education Legislation (Miscellaneous Amendments) Act 2003
s. 9
Act No.
(10) If a person who is employed under this
section is refused registration under the
Victorian Institute of Teaching Act 2001
Victorian Legislation and Parliamentary Documents
or has had his or her registration suspended
5 or cancelled under that Act, the Secretary
may suspend the person without pay for the
period that the person's registration is
refused, suspended or cancelled.
(11) Without limiting sub-section (8), the
10 Secretary may dismiss or remove a person
employed under this section if the person has
been refused registration under the Victorian
Institute of Teaching Act 2001 or has had
his or her registration suspended or cancelled
15 under that Act.
(12) If a person employed under this section--
(a) has been refused registration under the
Victorian Institute of Teaching Act
2001 or has had his or her registration
20 suspended or cancelled under that Act;
and
(b) remains unregistered for a continuous
period of 12 months--
the employment of that person ceases, by
25 virtue of this sub-section, at the end of that
period of 12 months.
(13) For the purposes of sub-section (12)(b), any
period during which a person remains
unregistered does not include any period
30 during which the person is on leave approved
by the Secretary.
(14) The Secretary must notify in writing a person
whose employment has ceased under sub-
section (12).".
7
551103B.A1-17/10/2003 BILL LA AS SENT 17/10/2003
Education Legislation (Miscellaneous Amendments) Act 2003
s. 10
Act No.
10. New Part IVA inserted
After Part IV of the Teaching Service Act 1981
Victorian Legislation and Parliamentary Documents
insert--
"PART IVA--DISMISSAL AND SUSPENSION
5 65A. Dismissal of disqualified and unregistered
teachers
If an officer has, at any time, in Victoria or
elsewhere, been convicted or found guilty of
a sexual offence within the meaning of the
10 Victorian Institute of Teaching Act 2001,
the Secretary must dismiss the officer from
the teaching service.
65B. Suspension and dismissal of unregistered
teachers
15 (1) If an officer in the teaching service is refused
registration under the Victorian Institute of
Teaching Act 2001 or has had his or her
registration suspended or cancelled under
that Act, the Secretary may suspend the
20 officer without pay from duty in the teaching
service for the period that the officer's
registration is refused, suspended or
cancelled.
(2) A suspension under sub-section (1) continues
25 at the Secretary's discretion until--
(a) the officer is registered under the
Victorian Institute of Teaching Act
2001; or
(b) the officer is dismissed or removed
30 from the teaching service.
8
551103B.A1-17/10/2003 BILL LA AS SENT 17/10/2003
Education Legislation (Miscellaneous Amendments) Act 2003
s. 11
Act No.
(3) If an officer in the teaching service--
(a) is refused registration under the
Victorian Legislation and Parliamentary Documents
Victorian Institute of Teaching Act
2001 or has had his or her registration
5 under that Act suspended or cancelled;
and
(b) remains unregistered for a continuous
period of 12 months--
the employment of that person ceases, by
10 virtue of this sub-section, at the end of that
period of 12 months.
(4) For the purposes of sub-section (3)(b), any
period during which a person remains
unregistered does not include any period
15 during which the person is on leave approved
by the Secretary.
(5) The Secretary must notify in writing a person
whose employment has ceased under sub-
section (3).".
20 11. New sections 76 and 77 substituted
For sections 76 and 77 of the Teaching Service
Act 1981 substitute--
"76. Minister may delegate powers
The Minister by instrument may delegate
25 any of his or her powers or functions under
this Act to any person, except this power of
delegation and the power to make
regulations under section 78.
77. Secretary may delegate powers
30 The Secretary by instrument may delegate
any of his or her powers or functions under
this Act to any person, except this power of
delegation.".
9
551103B.A1-17/10/2003 BILL LA AS SENT 17/10/2003
Education Legislation (Miscellaneous Amendments) Act 2003
s. 12
Act No.
12. Disqualified teachers
See: For section 25(7) of the Victorian Institute of
Act No.
Victorian Legislation and Parliamentary Documents
Teaching Act 2001 substitute--
96/2001
and
"(7) This section applies to any conviction or
amending
5 Act No.
finding of guilt of a sexual offence whether
23/2002.
occurring before, on or after the
LawToday:
www.dms.
commencement of section 12 of the
dpc.vic.
Education Legislation (Miscellaneous
gov.au
Amendments) Act 2003.".
10 13. Notification
After section 27(2) of the Victorian Institute of
Teaching Act 2001 insert--
"(2A) The employer of a registered teacher must
immediately notify the Institute if the
15 employer becomes aware that the teacher has
been charged with or committed for trial for
a sexual offence or convicted or found guilty
of a sexual offence.
(2B) The Chief Commissioner of Police must
20 immediately notify the Institute if the Chief
Commissioner becomes aware that a
registered teacher has been charged with or
committed for trial for a sexual offence or
convicted or found guilty of a sexual
25 offence.".
14. Statute law revision
(1) In section 3(1) of the Education Act 1958, in the
definition of "Secretary" after "Education" insert
"and Training".
30 (2) In section 2(1) of the Teaching Service Act 1981,
in the definition of "Secretary" after "Education"
insert "and Training".
(3) In section 6(3)(h) of the Tertiary Education Act
1993 for "students compliance" substitute
35 "student's compliance".
10
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Education Legislation (Miscellaneous Amendments) Act 2003
s. 14
Act No.
(4) In section 3 of the Victorian Institute of
Teaching Act 2001, in the definition of
"Secretary" omit ", Employment".
Victorian Legislation and Parliamentary Documents
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551103B.A1-17/10/2003 BILL LA AS SENT 17/10/2003
Education Legislation (Miscellaneous Amendments) Act 2003
Endnotes
Act No.
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
12
551103B.A1-17/10/2003 BILL LA AS SENT 17/10/2003
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