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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Education (Workplace Learning) Act 2003
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. New heading substituted 2
4. Definitions 2
5. Arrangements for pupils over 21 years 3
6. Structured work place learning arrangements 3
7. Orders about structured workplace learning 3
8. Non-application of certain laws to employment for work
experience 4
9. Arrangements for pupils from interstate 4
10. Conditions of employment 4
11. New section 64O substituted 5
64O. Duty of care 5
12. Payment 6
13. Ministerial Orders about work experience 6
14. Supreme Court--limitation of jurisdiction 7
ENDNOTES 8
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551104B.I1-17/9/2003 BILL LA CIRCULATION 17/9/2003
PARLIAMENT OF VICTORIA
Initiated in Assembly 16 September 2003
Victorian Legislation and Parliamentary Documents
A BILL
to amend the Education Act 1958 to make further provision for
learning in the workplace and for other purposes.
Education (Workplace Learning) Act
2003
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Education Act 1958 to make further provision for
learning in the workplace.
5 2. Commencement
This Act comes into operation on 1 January 2004.
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Education (Workplace Learning) Act 2003
s. 3
Act No.
3. New heading substituted
See: For the Heading to Part IVA of the Education
Act No.
Victorian Legislation and Parliamentary Documents
Act 1958 substitute--
6240.
Reprint No. 8
as at
"PART IVA--WORKPLACE LEARNING"
24 February
2000
and
amending
Act Nos
8/2000,
67/2000,
97/2000,
27/2001,
44/2001 and
96/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
5 4. Definitions
In section 64L of the Education Act 1958--
(a) for the definition of "arrangement"
substitute--
' "arrangement" means a work experience
10 arrangement or a structured workplace
learning arrangement;';
(b) the definition of "work placement
arrangement" is repealed;
(c) insert the following definition--
15 ' "structured workplace learning
arrangement" means an arrangement
for structured workplace learning made
under section 64LC;'.
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Act No.
5. Arrangements for pupils over 21 years
For section 64LB(3) and (4) of the Education Act
Victorian Legislation and Parliamentary Documents
1958 substitute--
"(3) A work experience arrangement under sub-
5 section (1) may be made in respect of a pupil
of or over the age of 21 years in the
circumstances set out in a Ministerial Order
made under section 64S.".
6. Structured work place learning arrangements
10 (1) Insert the following heading to section 64LC of
the Education Act 1958--
"Structured workplace learning
arrangements".
(2) In section 64LC of the Education Act 1958--
15 (a) in sub-section (2) for "a work placement
arrangement" substitute "an arrangement
under this section";
(b) in sub-section (3) for "A work placement
arrangement" substitute "An arrangement
20 for structured workplace learning".
7. Orders about structured workplace learning
(1) Insert the following heading to section 64LD of
the Education Act 1958--
"Orders about structured workplace
25 learning".
(2) In section 64LD(2) of the Education Act 1958 for
"work placement" (wherever occurring)
substitute "structured workplace learning".
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Act No.
(3) After section 64LD(2)(a) of the Education Act
1958 insert--
Victorian Legislation and Parliamentary Documents
"(ab) without limiting the generality of paragraph
(a), requiring pupils to undertake training in
5 occupational health and safety relevant to the
workplace where they will be employed
under a structured workplace learning
arrangement before the arrangement can be
entered into;".
10 8. Non-application of certain laws to employment for
work experience
(1) For section 64M(1)(a) of the Education Act 1958
substitute--
"(a) who is of or over 14 years of age; and".
15 (2) In section 64M(5) of the Education Act 1958--
(a) paragraph (a) is repealed;
(b) in paragraph (b) omit "who has attained the
age of 14 years".
9. Arrangements for pupils from interstate
20 (1) Insert the following heading to section 64MA of
the Education Act 1958--
"Arrangements for pupils from interstate".
(2) In section 64MA of the Education Act 1958 for
"work placement" (wherever occurring)
25 substitute "structured workplace learning".
(3) In section 64MA(4)(g) of the Education Act 1958
for "work placement" substitute "structured
workplace learning".
10. Conditions of employment
30 (1) In section 64N of the Education Act 1958 for
"work placement" (wherever occurring)
substitute "structured workplace learning".
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Act No.
(2) For section 64N(1)(c) of the Education Act 1958
substitute--
Victorian Legislation and Parliamentary Documents
"(c) an employer must not at any time employ
more than the number of pupils that
5 employers are permitted to employ by an
Order made under section 64S;".
(3) For section 64N(3) of the Education Act 1958
substitute--
"(3) The Principal or head teacher of a school
10 may suspend the operation of a condition in
sub-section (1)--
(a) to allow a pupil to be employed under a
work experience arrangement for more
than 10 days but not exceeding 15 days
15 during any school term;
(b) to allow the period of employment of
that pupil to exceed a total of 10 days
but not to exceed a total of 15 days
during any school term in respect of the
20 arrangement--
if authorised to do so by Ministerial Order
under section 64S and subject to any terms
or conditions required by Ministerial Order
under section 64S.".
25 11. New section 64O substituted
For section 64O of the Education Act 1958
substitute--
"64O. Duty of care
(1) A school or the principal, head teacher or
30 teacher of a school does not have and is not
to be deemed to have a duty relating to the
care or control of a pupil of the school while
that pupil is employed--
(a) under an arrangement; or
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Act No.
(b) as an apprentice under a training
agreement under Part 5 of the
Vocational Education and Training
Victorian Legislation and Parliamentary Documents
Act 1990 if the training for the pupil
5 under that agreement has been
approved or endorsed by the principal
or head teacher of the school.
(2) An action does not lie against a school or the
principal, head teacher or teacher of a school
10 because of a breach of a duty referred to in
sub-section (1).".
12. Payment
In section 64Q(1)(b) and (3A) of the Education
Act 1958 for "work placement" substitute
15 "structured workplace learning".
13. Ministerial Orders about work experience
In section 64S(2) of the Education Act 1958--
(a) in paragraph (d) for "64LB(2)." substitute
"64LB(2);";
20 (b) after paragraph (d), insert--
"(e) the circumstances under which the
principal or head teacher of a school
can make work experience
arrangements about the placement of
25 pupils of or over the age of 21 years
with an employer;
(f) the terms and conditions under which
the principal or head teacher of a school
can make work experience
30 arrangements about the placement of
pupils of or over the age of 21 years
with an employer;
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(g) requiring that work experience
arrangements cannot be made for a
pupil who is a child unless the
Victorian Legislation and Parliamentary Documents
following persons have provided a
5 check about any criminal record of that
person to the principal or head
teacher--
(i) the employer; and
(ii) any other person who will have
10 direct supervision or control of the
pupil during the placement if the
supervision or control will not be
directly supervised by another
person;
15 (h) requiring pupils to undertake
occupational, health and safety training
before undertaking work experience;
(i) requiring that the Principal or head
teacher ensures that he or she or a
20 teacher at the school contacts a pupil at
least once during the time the pupil is
placed with an employer for work
experience.".
14. Supreme Court--limitation of jurisdiction
25 After section 81A(2) of the Education Act 1958
insert--
"(3) It is the intention of section 64O to alter or
vary section 85 of the Constitution Act
1975.".
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Education (Workplace Learning) Act 2003
Endnotes
Act No.
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
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