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PARLIAMENT OF VICTORIA
Victorian Curriculum and Assessment Authority
(Amendment) Act 2003
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Part headings inserted 2
5. Definitions inserted 2
6. Functions of Authority 3
7. Powers of the Authority 3
8. Committees 4
9. New Part 3 inserted 5
PART 3--ASSESSMENT REVIEW 5
18A. Authority may investigate certain matters 5
18B. Decision to proceed to hearing 6
18C. Assessment may be withheld pending decision 6
18D. Notice of hearing 7
18E. Procedure of review committee 7
18F. Review committee may summon witnesses 8
18G. Cross-examination of witnesses 8
18H. Legal representation 8
18I. Decision of review committee 9
18J. Notification of decision 10
18K. Student may appeal against school decisions etc. 10
18L. Review by appeals committee 12
18M. Appointment of appeals committee 13
18N. Notification of alteration of record of student
assessment 14
10. New section 20A inserted 15
20A. Transitional--2003 amendments 15
ENDNOTES 16
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PARLIAMENT OF VICTORIA
Initiated in Assembly 14 October 2003
Victorian Legislation and Parliamentary Documents
A BILL
to amend the Victorian Curriculum and Assessment Authority Act
2000 and for other purposes.
Victorian Curriculum and Assessment
Authority (Amendment) Act 2003
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Victorian Curriculum and Assessment
Authority Act 2000 to provide for a process to
5 deal with alleged contraventions by students of the
Authority's examination rules and assessment
rules.
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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. Principal Act
5 See: In this Act, the Victorian Curriculum and
Act No.
Assessment Authority Act 2000 is called the
96/2000.
LawToday: Principal Act.
www.dms.
dpc.vic.
gov.au
4. Part headings inserted
In the Principal Act--
10 (a) before section 1 insert--
"PART 1--PRELIMINARY";
(b) after section 3 insert--
"PART 2--VICTORIAN CURRICULUM
AND ASSESSMENT AUTHORITY";
15 (c) before section 19 insert--
"PART 4--GENERAL".
5. Definitions inserted
In section 3 of the Principal Act insert the
following definitions--
20 ' "accredited" has the same meaning as in the
Victorian Qualifications Authority Act
2000;
"contravention", in relation to a rule, includes a
failure to comply with the rule;
25 "review committee" means a committee referred
to in section 12(3A);'.
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6. Functions of Authority
(1) After section 6(1)(c) of the Principal Act insert--
Victorian Legislation and Parliamentary Documents
"(ca) conduct assessments of students in years 11
and 12 undertaking accredited courses;
5 (cb) arrange with schools and other persons,
bodies or agencies providing accredited
courses to conduct, on behalf of the
Authority, school-based assessments of
students in those courses;
10 (cc) approve the establishment of examination
centres for the conduct of examinations in
accredited courses and to withdraw approval
of examination centres;
(cd) set rules for the conduct of assessments,
15 including examinations, referred to in
paragraphs (ca) and (cb);".
(2) After section 6(1)(f) of the Principal Act insert--
"(fa) conduct investigations and hearings in
accordance with Part 3 and, if necessary,
20 amend or cancel assessments in accordance
with that Part;
(fb) provide records of students' assessments to
the Victorian Qualifications Authority
established under the Victorian
25 Qualifications Authority Act 2000;".
7. Powers of the Authority
After section 7(1) of the Principal Act insert--
"(1A) The Authority may require schools and other
persons, bodies or agencies providing
30 accredited courses--
(a) to submit to the Authority school-based
assessments of students in those
courses;
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(b) to provide to all students in years 11
and 12 undertaking accredited
courses--
Victorian Legislation and Parliamentary Documents
(i) the Authority's rules for the
5 conduct of assessments; and
(ii) any other information specified by
the Authority.".
8. Committees
(1) In section 12(3) of the Principal Act, after
10 "members" insert "and other persons approved by
the Minister".
(2) After section 12(3) of the Principal Act insert--
"(3A) A committee or committees established to
hear matters under Part 3, to be known as a
15 review committee, must each consist of--
(a) a member of the Authority who is to be
chairperson of the committee; and
(b) 2 other persons, who need not be
members of the Authority, approved by
20 the Minister.".
(3) After section 12(4) of the Principal Act insert--
"(5) The Minister may approve the appointment
of any person who is not a member of the
Authority to be a member of a committee,
25 other than the executive committee,
established under this section.
(6) A person appointed to a committee after
approval by the Minister under sub-section
(5), other than a person referred to in sub-
30 section (7), is entitled to be paid--
(a) any remuneration that is fixed from
time to time by the Governor in
Council; and
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(b) allowances for travelling and personal
expenses at the rates and on the
conditions applicable to officers of the
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public service.
5 (7) Sub-section (6) does not apply to a person
who holds a full-time government office or a
full-time office in the public service,
teaching service or with a statutory authority
and whose travelling and personal expenses
10 are met through that office.".
9. New Part 3 inserted
After section 18 of the Principal Act insert--
"PART 3--ASSESSMENT REVIEW
18A. Authority may investigate certain matters
15 (1) The Authority may conduct an investigation
into--
(a) a suspected contravention of the
examination rules of the Authority; or
(b) an allegation that a student's assessment
20 by the Authority was obtained by
fraudulent, illegal or unfair means.
(2) In conducting an investigation under sub-
section (1), the Authority may nominate a
person on its behalf to interview any student
25 enrolled in an accredited course.
(3) A person nominated to interview a student
must give notice of the interview to the
student not less than 24 hours before the
interview.
30 (4) Notice of an interview--
(a) need not be in writing; and
(b) may nominate a time and place for the
interview; and
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(c) must give particulars of the matter
under investigation.
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(5) In addition to any other matter discussed at
the interview, the student must be informed
5 of possible further action by the Authority
and possible consequences to the student.
(6) The person who conducts an interview must
submit a written report of the interview to
the chief executive officer of the Authority
10 as soon as practicable after the interview.
18B. Decision to proceed to hearing
(1) The chief executive officer of the Authority
may, after considering a report submitted in
accordance with section 18A(6), make a
15 request to the Authority that a review
committee conduct a hearing.
(2) A person who has participated in the
investigation of a matter is not entitled to be
a member of the review committee hearing
20 the matter.
(3) A student who is required to attend a hearing
before a review committee must have been
interviewed in accordance with section 18A.
18C. Assessment may be withheld pending
25 decision
The Authority may withhold the assessment
of a student who is required to attend a
hearing before a review committee until the
later of--
30 (a) the decision of the review committee
and the expiry of the period referred to
in section 18L(2); or
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(b) if the student applies to an appeals
committee for review of the decision,
notification to the Authority by the
Victorian Legislation and Parliamentary Documents
appeals committee of its determination
5 of the application.
18D. Notice of hearing
The chief executive officer of the Authority
must give a student who is required to attend
a hearing before a review committee--
10 (a) written notice of the hearing not less
than 7 working days before the hearing
is due to commence; and
(b) copies of the information and
documents on which the Authority
15 intends to rely at the hearing not less
than 5 working days before the hearing
is due to commence.
18E. Procedure of review committee
At a hearing--
20 (a) subject to this Act, the procedure of a
review committee is in its discretion;
and
(b) the proceedings must be conducted
with as little formality and technicality
25 as the requirements of this Act and the
proper consideration of the matter
permit; and
(c) a review committee is not bound by
rules of evidence but may inform itself
30 in any way it thinks fit; and
(d) a review committee is bound by the
rules of natural justice.
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18F. Review committee may summon witnesses
Sections 14, 15, 16 and 21A of the Evidence
Victorian Legislation and Parliamentary Documents
Act 1958 apply to a review committee in the
conduct of a hearing as if it were a board or
5 the chairman of a board appointed by the
Governor in Council.
18G. Cross-examination of witnesses
(1) The cross-examination of witnesses in a
hearing before a review committee is in the
10 discretion of the review committee.
(2) An exercise of the discretion under sub-
section (1) must be consistent with the rules
of natural justice.
18H. Legal representation
15 (1) A student may be represented by a legal
practitioner at a hearing before a review
committee.
(2) A review committee may be assisted by a
person nominated by the Authority.
20 (3) A person assisting a review committee under
this section--
(a) is entitled to be present during the
whole of the proceedings; and
(b) must ensure that all relevant
25 information is put before the review
committee but must not act as
prosecutor; and
(c) must advise the review committee on
any matter on which it seeks to be
30 advised but must not adjudicate on the
matter before the review committee.
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18I. Decision of review committee
If a review committee is satisfied on the
Victorian Legislation and Parliamentary Documents
balance of probabilities that a student--
(a) has contravened the examination rules
5 of the Authority; or
(b) has obtained an assessment by the
Authority by fraudulent, illegal or
unfair means--
the review committee may--
10 (c) reprimand the student; or
(d) amend or cancel the student's grade for
the examination in which the
contravention occurred; or
(e) both--
15 (i) amend or cancel the student's
grade for the examination in
which the contravention occurred;
and
(ii) amend or cancel any or all of the
20 student's assessments in the same
study, including cancellation of
satisfactory completion of the
study; or
(f) amend or cancel the student's grades for
25 examinations or other assessments in
one or more other studies, including
cancellation of satisfactory completion
of a study; or
(g) cancel all the student's grades for
30 examinations and other assessments
conducted by the Authority during the
year in which the contravention
occurred or the assessment was
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obtained, including cancellation of
satisfactory completion of the course.
Victorian Legislation and Parliamentary Documents
18J. Notification of decision
(1) A review committee must give its decision--
5 (a) orally at the hearing; and
(b) in writing to the student concerned not
later than 7 days after the hearing.
(2) A review committee must set out in its
written decision--
10 (a) the reasons for its decision; and
(b) the findings on material questions of
fact that led to the decision.
(3) A review committee must notify the
Authority without delay of its decision.
15 18K. Student may appeal against school
decisions etc.
(1) A student at a school may appeal to the
Authority against a decision by the school,
and any penalty imposed, in respect of a
20 contravention of the assessment rules of the
Authority relating to school-based
assessments.
(2) An appeal under sub-section (1) must be
made by notice in writing to the chief
25 executive officer of the Authority not later
than 14 days after the student receives
written notice of the decision from the
school.
(3) On receipt of a notice of appeal, the chief
30 executive officer of the Authority must
nominate an employee of the Authority to
interview the parties to the appeal and
attempt to resolve the matter.
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(4) Not later than 7 days after the interview, the
school must, by notice in writing, advise the
student and the Authority that in relation to
Victorian Legislation and Parliamentary Documents
the student--
5 (a) it has rescinded its decision and any
penalty imposed; or
(b) it has rescinded the penalty imposed; or
(c) it has reduced the penalty imposed; or
(d) it confirms both the decision and the
10 penalty imposed.
(5) If the school rescinds its decision and any
penalty imposed in relation to the student,
the student's appeal is taken to have been
withdrawn.
15 (6) On receipt of a notice under sub-section
(4)(b), (c) or (d), the Authority must request
the student to elect either--
(a) to withdraw the appeal; or
(b) to confirm that the appeal is to proceed.
20 (7) If a student elects to proceed with an appeal,
the chief executive officer of the Authority
must refer the appeal to a review committee
for hearing and determination.
(8) An appeal under this section must be
25 conducted as a re-hearing.
(9) Sections 18D, 18E, 18F, 18G, 18H and 18J
apply to the hearing of an appeal under this
section.
(10) If a review committee is satisfied on the
30 balance of probabilities that the student has
contravened the assessment rules of the
Authority relating to school-based
assessments, the review committee may--
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(a) reprimand the student; or
(b) if practicable, permit the student to re-
Victorian Legislation and Parliamentary Documents
submit to the school work required
for--
5 (i) assessment in the study or the
course; or
(ii) satisfactory completion of the
study or the course; or
(c) refuse to accept part of the work and
10 request the school to assess the student
on the remainder of the work
submitted; or
(d) amend the student's school-based
assessment.
15 18L. Review by appeals committee
(1) A student affected by a decision of a review
committee, other than a decision under
section 18K, may apply for review of the
decision by an appeals committee on one or
20 both of the following grounds--
(a) the decision was unreasonable;
(b) the penalty imposed was too harsh.
(2) An application under sub-section (1) must be
made by notice in writing to the chief
25 executive officer of the Authority not later
than 14 days after the day on which the
review committee gave its decision orally at
the hearing.
(3) The chief executive officer of the Authority
30 must refer an application under sub-section
(1) to an appeals committee for
determination.
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(4) A student may make a written submission to
the appeals committee but is not entitled to
be heard in support of the written submission
Victorian Legislation and Parliamentary Documents
or to appear before the appeals committee.
5 (5) An appeals committee must review a
decision made by a review committee having
regard to all the documents before the review
committee, the written decision of the review
committee and any written submission made
10 by the student.
(6) In determining an application for review of a
decision made by a review committee, an
appeals committee may--
(a) affirm the decision under review; or
15 (b) vary the decision under review; or
(c) set aside the decision under review.
(7) An appeals committee must notify the
Authority without delay of its determination
of an application for review under this
20 section.
(8) The Minister may, by order published in the
Government Gazette, fix rules with respect
to the procedure to be followed on
applications for review under this section.
25 18M. Appointment of appeals committee
(1) An appeals committee consists of 3 members
appointed by the Minister to determine
applications for review under section 18L.
(2) The Minister may appoint more than one
30 appeals committee at any time.
(3) A member of an appeals committee must not
be a member of the Authority, a member of a
committee of the Authority or an employee
of the Authority.
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(4) The members of an appeals committee must
have between them--
Victorian Legislation and Parliamentary Documents
(a) knowledge of the assessment programs
of the Authority; and
5 (b) knowledge of this Act; and
(c) knowledge of the field of secondary
education.
(5) A member of an appeals committee holds
office for the term not exceeding 12 months
10 that is specified in the instrument of
appointment, and is eligible for re-
appointment.
(6) A member of an appeals committee, other
than a person who holds a full-time
15 government office or a full-time office in the
public service, teaching service or with a
statutory authority and whose travelling and
personal expenses are met through that
office, is entitled to be paid any
20 remuneration and allowances that are
specified in the instrument of appointment.
18N. Notification of alteration of record of
student assessment
If a student's assessment is amended or
25 cancelled under this Part, the Authority--
(a) must give written notice to the student
concerned; and
(b) may give written notice to any other
person to whom a copy of the student's
30 record has previously been provided--
that the record of assessment has been so
amended or cancelled, as the case requires.".
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10. New section 20A inserted
After section 20 of the Principal Act insert--
Victorian Legislation and Parliamentary Documents
"20A. Transitional--2003 amendments
This Act as amended by the Victorian
5 Curriculum and Assessment Authority
(Amendment) Act 2003 applies to--
(a) all student assessments provided to or
calculated by the Authority on or after
1 October 2003; and
10 (b) all decisions made by schools and
penalties imposed in respect of a
contravention of the Authority's
assessment rules relating to school-
based assessments--
15 (i) on or after the commencement of
the Victorian Curriculum and
Assessment Authority
(Amendment) Act 2003; and
(ii) made before the commencement
20 of the Victorian Curriculum and
Assessment Authority
(Amendment) Act 2003, if the
student has lodged a notice of
appeal within 14 days after being
25 advised of the school's decision
and the appeal has not been
heard.".
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Endnotes
Act No.
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
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