Victorian Consolidated Legislation

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EDUCATION AND TRAINING REFORM ACT 2006

No. 24 of 2006
Version incorporating amendments as at 22 May 2008

TABLE OF PROVISIONS

           Section Page

CHAPTER 1-GENERAL

   PART 1.1-PRELIMINARY

   1.1.1.    Purpose
   1.1.2.    Commencement
   1.1.3.    Definitions
   1.1.4.    Binding of Crown
   1.1.5.    Extra-territorial operation of this Act

   PART 1.2-PRINCIPLES

   1.2.1.    Principles underlying the enactment of this Act
   1.2.2.    Principles underlying the Government education and
           training system
   1.2.3.    Principles not to give rise to civil cause of action

CHAPTER 2-SCHOOL EDUCATION

   PART 2.1-COMPULSORY EDUCATION

           Division 1-Attendance at school

   2.1.1.    Attendance at school
   2.1.2.    Offence for parent to fail to comply with duty
   2.1.3.    What is a reasonable excuse?
   2.1.4.    Parent to notify school of absence
   2.1.5.    Exemption from attendance at school
   2.1.6.    Obligations of parents

           Division 2-Enforcement of attendance

   2.1.7.    Appointment of school attendance officers
   2.1.8.    Identity card
   2.1.9.    Production of identity card
   2.1.10.    Powers of school attendance officers
   2.1.11.    Offence to hinder or obstruct school attendance officer
   2.1.12.    Power to bring proceedings
   2.1.13.    Certificate to be evidence as to attendance of child
   2.1.14.    Onus of proof

   PART 2.2-GOVERNMENT SCHOOLS

           Division 1-Establishment of government schools

   2.2.1.    Establishment of Government schools and educational services
   2.2.2.    Discontinuation of Government schools-limitation of judicial review
   2.2.3.    Limitation on occupier's liability for discontinued Government schools

           Division 2-Instruction in government schools

   2.2.4.    Instruction in specified learning areas to be free to students under 20.
   2.2.5.    Students over 20 may be charged fees
   2.2.6.    Parent not required to contribute to cost of additional
           support
   2.2.7.    Voluntary financial contributions
   2.2.8.    Overseas students to be required to pay fees
   2.2.9.    Overseas students fees Order
   2.2.10.    Education in Government schools to be secular
   2.2.11.    Special religious instruction
   2.2.12.    Ceremony in relation to being Australian citizens

           Division 3-Admission to government schools

   2.2.13.    Admission to designated neighbourhood Government
           school
   2.2.14.    Admission to other Government school
   2.2.15.    Refusal of admission generally
   2.2.16.    Minister may approve admission criteria
   2.2.17.    Refusal of admission for safety reasons
   2.2.18.    Age requirements for enrolment at Government schools

           Division 4-Discipline of students

   2.2.19.    Discipline of students

           Division 5-Assistance for students with special needs

   2.2.20.    Assistance for students with special needs

   PART 2.3-GOVERNMENT SCHOOL COUNCILS

           Division 1-Definitions

   2.3.1.    Definitions

           Division 2-Constitution of school councils

   2.3.2.    Minister may constitute school council by Order
   2.3.3.    Minister entitled to act if no school council

           Division 3-Objectives, functions and powers of school councils

   2.3.4.    Objectives of a school council
   2.3.5.    Functions of a school council
   2.3.6.    Powers of a school council
   2.3.7.    Accountability

           Division 4-Employment of staff

   2.3.8.    Employment or engagement of teachers and other staff in schools
   2.3.9.    Eligibility of person to be employed as a teacher
   2.3.10.    Dismissal, suspension and termination of employment

           Division 5-Further powers of school councils

   2.3.11.    Use of school buildings and grounds for activities
   2.3.12.    School council may carry out works
   2.3.13.    Public bodies authorised to perform works for school
           council
   2.3.14.    School council may form sub-committee
   2.3.15.    School council may delegate powers, duties or functions
   2.3.16.    School council may form committees to manage joint facilities
   2.3.17.    School council may delegate powers, duties or functions to members of committee
   2.3.18.    School council may sell property

           Division 6-Preschool programs

   2.3.19.    Application of Division
   2.3.20.    School councils may provide for preschool programs
   2.3.21.    Council may grant lease or licence over preschool land
   2.3.22.    Fees for preschool programs
   2.3.23.    Application of, and accounting for, money received

           Division 7-Reporting and accountability requirements

   2.3.24.    School plan
   2.3.25.    Status of school plan
   2.3.26.    Termination of school plan
   2.3.27.    School council to prepare annual report
   2.3.28.    Powers of Auditor-General regarding council accounts
   2.3.29.    Use of funds by school council
   2.3.30.    Annual reports

           Division 8-General

   2.3.31.    Limitation on commencement of legal proceedings
   2.3.32.    Indemnity for school council members

   PART 2.4-GOVERNMENT TEACHING SERVICE

           Division 1-Preliminary

   2.4.1.    Definitions

           Division 2-Employment in teaching service

   2.4.2.    Application of Federal awards and agreements
   2.4.3.    Employment of teachers, principals and other staff
   2.4.4.    Filling of vacant positions
   2.4.5.    Public notices
   2.4.6.    Secretary to consider recommendation of school council
   2.4.7.    Eligibility for employment
   2.4.8.    Employment to be on probation
   2.4.9.    Term of employment
   2.4.10.    Reclassification of a position
   2.4.11.    Progression of salary or wages

           Division 3-The Principal Class

   2.4.12.    Definitions
   2.4.13.    Classification of positions in the Principal Class
   2.4.14.    Contract of employment
   2.4.15.    Matters regulated by a contract of employment
   2.4.16.    Monetary remuneration and employment benefits
   2.4.17.    Travelling and subsistence allowances etc.
   2.4.18.    Performance review of a member of the Principal Class
   2.4.19.    Termination of a contract of employment
   2.4.20.    Vacancy of Principal Class position
   2.4.21.    Contracts prevail in certain circumstances
   2.4.22.    Certain legal proceedings excluded
   2.4.23.    Division 5 of Part 3 of Public Administration Act 2004
           not to apply

           Division 4-Leave and other entitlements

   2.4.24.    Leave of absence and pay in lieu
   2.4.25.    Long service leave
   2.4.26.    Payment instead of long service leave
   2.4.27.    Work of a higher or lower class or grade
   2.4.28.    Gratuity
   2.4.29.    Rent charged to employees
   2.4.30.    Restriction on employees doing other work
   2.4.31.    Saving of rights of persons holding Government office
   2.4.32.    Retirement through ill-health-long service leave
   2.4.33.    Retirement
   2.4.34.    Absence from duty
   2.4.35.    Fines to be stopped from salary
   2.4.36.    No claim for compensation

           Division 5-Transfers between teaching service and public service

   2.4.37.    Transfer etc. from teaching service to public service
   2.4.38.    Transfer etc. from public service to teaching service
   2.4.39.    Rights in the public service preserved
   2.4.40.    Rights under this Act preserved

           Division 6-Transfers and promotions within the teaching service

   2.4.41.    Transfer or promotion of an on-going employee
   2.4.42.    Term of employment
   2.4.43.    Employment of members of the Principal Class

           Division 7-Appeals

   2.4.44.    Merit Protection Boards
   2.4.45.    Membership of Boards
   2.4.46.    Terms and conditions of appointment
   2.4.47.    Acting appointments
   2.4.48.    Allocation of work amongst the Boards
   2.4.49.    Oath of office
   2.4.50.    Decisions of Board
   2.4.51.    Reviews
   2.4.52.    Determination of Board
   2.4.53.    Review of Secretary's decision not to appoint
   2.4.54.    Review of appointment of principal
   2.4.55.    Relevant criteria

           Division 8-Termination due to incapacity

   2.4.56.    Termination due to physical or mental incapacity
   2.4.57.    Appeal to Merit Protection Board

           Division 9-Dismissal and suspension

   2.4.58.    Dismissal of disqualified and unregistered teachers
   2.4.59.    Suspension and dismissal of unregistered teachers

           Division 10-Misconduct and inefficiency

   2.4.60.    Grounds for action
   2.4.61.    Action against employee
   2.4.62.    Procedures for investigation and determination of
           allegations
   2.4.63.    Quashing etc. of conviction or finding of guilt
   2.4.64.    Suspension from duty
   2.4.65.    Investigation
   2.4.66.    Employee may make submissions
   2.4.67.    Secretary need not hold oral hearing
   2.4.68.    Appeal
   2.4.69.    Re-instatement or payment instead
   2.4.70.    Address for service

           Division 11-Disciplinary Appeals Boards

   2.4.71.    Senior chairperson
   2.4.72.    Establishment of Disciplinary Appeals Boards
   2.4.73.    Membership of Boards
   2.4.74.    Terms and conditions of appointment of members
   2.4.75.    Resignation and removal from office
   2.4.76.    Allocation of work
   2.4.77.    Oath of office
   2.4.78.    Member unable to perform duties
   2.4.79.    Decisions of Board
   2.4.80.    Conduct of proceedings

           Division 12-General

   2.4.81.    Medical examination
   2.4.82.    Immunity
   2.4.83.    Publication requirements

   PART 2.5-VICTORIAN CURRICULUM AND ASSESSMENT AUTHORITY

           Division 1-Preliminary

   2.5.1.    Definitions

           Division 2-Victorian Curriculum and Assessment Authority

   2.5.2.    Establishment of Authority
   2.5.3.    Functions of Authority
   2.5.4.    Cancellation or alteration of statements
   2.5.5.    Powers of Authority
   2.5.6.    Membership of Authority
   2.5.7.    Establishment of committees
   2.5.8.    Schedule 2.
   2.5.9.    Delegation of Authority's power
   2.5.10.    Victorian Curriculum and Assessment Authority Fund

           Division 3-Assessments and assessment reviews

   2.5.11.    Special provision in assessments
   2.5.12.    Authority may investigate certain matters
   2.5.13.    Decision to proceed to hearing
   2.5.14.    Assessment may be withheld pending decision
   2.5.15.    Notice of hearing
   2.5.16.    Procedure of review committee
   2.5.17.    Cross-examination of witnesses
   2.5.18.    Legal representation
   2.5.19.    Decision of review committee
   2.5.20.    Notification of decision
   2.5.21.    Student may appeal against school decisions etc.
   2.5.22.    Review by appeals committee
   2.5.23.    Appointment of appeals committee
   2.5.24.    Notification of alteration of record of student assessment

   PART 2.6-VICTORIAN INSTITUTE OF TEACHING

           Division 1-Preliminary

   2.6.1.    Definitions

           Division 2-Victorian Institute of Teaching

   2.6.2.    Continuation of existing Institute
   2.6.3.    Functions of Institute
   2.6.4.    Powers of Institute
   2.6.5.    Ministerial advice
   2.6.6.    Membership of the Council

           Division 3-Registration of teachers

   2.6.7.    Application for registration
   2.6.8.    Qualification for registration as a teacher
   2.6.9.    Registration
   2.6.10.    Provisional registration
   2.6.11.    Non-practising registration
   2.6.12.    Interim registration

           Division 4-Permission to teach

   2.6.13.    Application for permission to teach
   2.6.14.    Permission to teach

           Division 5-General provisions

   2.6.15.    Entitlement of applicant to make submissions
   2.6.16.    Notification of outcome of application
   2.6.17.    Duration and renewal of registration
   2.6.18.    Application for renewal of registration
   2.6.19.    Refusal to renew registration
   2.6.20.    Registration obtained by fraud
   2.6.21.    Annual fees

           Division 6-Criminal record checks

   2.6.22.    Criminal record checks
   2.6.22A.    Routine criminal record check
   2.6.23.    Employer to disclose whether criminal record check conducted

           Division 7-The Register

   2.6.24.    The Register
   2.6.25.    Publication of Register
   2.6.26.    Use of certificate as evidence

           Division 7A-Details of teachers in schools

   2.6.26A.    Institute may request details of teachers in schools

           Division 8-Discipline-Suspension without inquiry

   2.6.27.    Institute may suspend registration or permission to teach
   2.6.28.    Effect of suspension of registration

           Division 9-Discipline-Cancellation of registration

   2.6.29.    Cancellation of registration or permission to teach without inquiry

           Division 10-Powers of discipline inquiry

   2.6.30.    Powers of inquiry
   2.6.31.    Employer to notify Institute of action against teacher
   2.6.32.    Inquiry into criminal conduct

           Division 11-Discipline-Investigations

   2.6.33.    When matters are to be investigated
   2.6.34.    Outcome of investigation
   2.6.35.    Institute may determine to conduct a hearing

           Division 12-Formal and informal disciplinary hearings

   2.6.36.    Establishment and notification of an informal hearing
   2.6.37.    Professional Practice and Conduct Committee to conduct informal hearing
   2.6.38.    Notice of an informal hearing
   2.6.39.    Conduct of an informal hearing
   2.6.40.    Findings and determinations of an informal hearing
   2.6.41.    Change of informal hearing to formal hearing during
           course of hearing
   2.6.42.    Establishment and notification of formal hearing
   2.6.43.    Constitution of a hearing panel for a formal hearing
   2.6.44.    Notice of a formal hearing
   2.6.45.    Conduct of a formal hearing
   2.6.46.    Findings and determinations of a formal hearing into
           conduct

           Division 13-General provisions relating to discipline inquiries

   2.6.47.    Inquiry may continue even if person no longer registered
   2.6.48.    Procedure at formal and informal hearings
   2.6.49.    Determinations
   2.6.50.    Notice of cancellations and determinations of panel
   2.6.51.    Notifications
   2.6.52.    Offence to disclose information identifying complainant, witness or teacher
   2.6.53.    Enforcement of determination
   2.6.54.    Revocation of suspension

           Division 14-Review by VCAT

   2.6.55.    Review by VCAT

           Division 15-Offences

   2.6.56.    Unregistered teachers
   2.6.57.    Provision of information by teachers
   2.6.58.    False representation
   2.6.59.    Return of document
   2.6.60.    Proceedings

           Division 16-The Council-Administration

   2.6.61.    Schedule 2.
   2.6.62.    Resignation and removal
   2.6.63.    Elected members
   2.6.64.    Acting members
   2.6.65.    Institute staff
   2.6.66.    Establishment of committees or bodies to act as delegates
           of Council
   2.6.67.    Delegation
   2.6.68.    Accreditation Committee
   2.6.69.    Professional Practice and Conduct Committee
   2.6.70.    Membership of committees and bodies
   2.6.71.    Terms of office
   2.6.72.    Resignation and removal
   2.6.73.    Payment of members
   2.6.74.    Procedure of committee, panel or body
   2.6.75.    Effect of vacancy or defect
   2.6.76.    Immunity

           Division 17-The Council-Finances

   2.6.77.    Fees
   2.6.78.    Victorian Institute of Teaching Fund

           Division 18-Colleges

   2.6.79.    Establishment of Colleges

CHAPTER 3-POST SCHOOL EDUCATION AND TRAINING

   PART 3.1-VOCATIONAL EDUCATION AND TRAINING

           Division 1-Co-ordination of State training system

   3.1.1.    Victorian Skills Commission
   3.1.2.    Functions of the Commission
   3.1.3.    Functions of the Commission as State Training Authority
   3.1.4.    Performance agreements and financial powers
   3.1.5.    Powers of the Commission
   3.1.6.    Accountability
   3.1.7.    Members
   3.1.8.    Schedule 2.
   3.1.9.    Delegations
   3.1.10.    Power of further delegation

           Division 2-TAFE institutes

   3.1.11.    TAFE institutes
   3.1.12.    Incorporation of TAFE institute boards
   3.1.13.    Functions of TAFE institute boards
   3.1.14.    Powers of TAFE institute boards
   3.1.15.    Accountability of TAFE institute boards
   3.1.16.    Board directorship
   3.1.17.    Schedule 2.
   3.1.18.    Removal of directors
   3.1.19.    Reserve powers of Minister
   3.1.20.    Notice of proposal
   3.1.21.    Appointment of administrator
   3.1.22.    Saving of acts of board
   3.1.23.    Employment of staff
   3.1.24.    Minister may object to appointment of chief executive
           officer
   3.1.25.    Schedule 3.
   3.1.26.    Chief executive officer

           Division 3-Industry training boards

   3.1.27.    Establishment or declaration of industry training boards
   3.1.28.    Orders establishing industry training boards
   3.1.29.    Revocation of orders
   3.1.30.    Functions of industry training boards
   3.1.31.    Powers of industry training boards
   3.1.32.    Members
   3.1.33.    Terms and conditions of office of members
   3.1.34.    Proceedings of boards

   PART 3.2-HIGHER EDUCATION

           Division 1-Student fees, subscriptions and charges

   3.2.1.    Definition
   3.2.2.    Application of Division
   3.2.3.    Provision for declining automatic membership of a student organisation
   3.2.4.    Students who do not join student organisation
   3.2.5.    Limitation on powers to spend funds from compulsory non-academic fees etc.
   3.2.6.    Voluntary fees held on trust
   3.2.7.    Offence
   3.2.8.    Statement about compulsory fees etc.

           Division 2-Incorporation of Councils

   3.2.9.    Application
   3.2.10.    Post-secondary education institutions
   3.2.11.    Incorporation of Councils
   3.2.12.    Award of degrees or diplomas

   PART 3.3-ADULT, COMMUNITY AND FURTHER
   EDUCATION

           Division 1-Preliminary

   3.3.1.    Definitions

           Division 2-Adult, Community and Further Education Board

   3.3.2.    The Adult, Community and Further Education Board
   3.3.3.    Functions of the Board
   3.3.4.    Powers of the Board
   3.3.5.    Board to consult
   3.3.6.    Financial powers
   3.3.7.    Performance agreements
   3.3.8.    Adult, community and further education plan
   3.3.9.    Implementation of the plan
   3.3.10.    Membership of the Board
   3.3.11.    Schedule 2.
   3.3.12.    Committees of the Board
   3.3.13.    Staff

           Division 3-Delegations

   3.3.14.    Delegations by the Board
   3.3.15.    Delegations by the General Manager

           Division 4-Regions of adult, community and further education

   3.3.16.    Regions
   3.3.17.    Regional Councils
   3.3.18.    Functions of Regional Councils
   3.3.19.    Powers of Regional Councils
   3.3.20.    Accountability
   3.3.21.    Membership of Regional Councils
   3.3.22.    Terms and conditions of office of members
   3.3.23.    Meetings of Councils
   3.3.24.    Incorporation of Regional Councils
   3.3.25.    Employment of staff

           Division 5-Adult education institutions

   3.3.26.    Adult Multicultural Education Services
   3.3.27.    Centre for Adult Education
   3.3.28.    Adult education institutions
   3.3.29.    Incorporation of governing boards
   3.3.30.    Functions of governing boards
   3.3.31.    Powers of governing boards
   3.3.32.    Accountability of governing boards
   3.3.33.    Board membership
   3.3.34.    Removal from office of members
   3.3.35.    Reserve powers of Minister
   3.3.36.    Notice of proposal
   3.3.37.    Appointment of administrator
   3.3.38.    Saving of acts of board
   3.3.39.    Schedule 2.
   3.3.40.    Employment of staff
   3.3.41.    Minister may object to chief executive officer appointment
   3.3.42.    Staff conditions
   3.3.43.    Chief executive officers

CHAPTER 4-VICTORIAN REGISTRATION AND QUALIFICATIONS AUTHORITY

   PART 4.1-PRELIMINARY

   4.1.1.    Interpretation

   PART 4.2-VICTORIAN REGISTRATION AND QUALIFICATIONS AUTHORITY

   4.2.1.    Establishment of Authority
   4.2.2.    Functions of Authority
   4.2.3.    Powers of Authority
   4.2.4.    Membership of Authority
   4.2.5.    Schedule 2.
   4.2.6.    Director's responsibilities
   4.2.7.    Delegation of Authority's power
   4.2.8.    Victorian Registration and Qualifications Authority Fund

   PART 4.3-REGISTRATION OF STUDENTS AND PROVIDERS

           Division 1-Schools

   4.3.1.    Requirements for registration
   4.3.2.    Compliance with standards for registration
   4.3.3.    Review of operations of schools by Authority
   4.3.4.    Action after review
   4.3.5.    Reports from registered schools
   4.3.6.    Notice of registration to be displayed
   4.3.7.    Attendance register in registered schools
   4.3.8.    Register of schools

           Division 2-Registration of students for home schooling

   4.3.9.    Authority to register students for home schooling

           Division 3-School sector and VET

   4.3.10.    Registration of education and training organisations
   4.3.11.    Criteria for registration
   4.3.12.    Terms of registration

           Division 4-National registration

   4.3.13.    Application of Division
   4.3.14.    Registration and national effect of registration
   4.3.15.    Applying in Victoria for registration
   4.3.16.    Decision about registration
   4.3.17.    Registration conditions
   4.3.18.    Term of registration
   4.3.19.    Amending registration on application by registered
           education and training organisation
   4.3.20.    Removal of registered details
   4.3.21.    Amending, suspending or cancelling registration without application
   4.3.22.    Cancelling registration on change of business operations
   4.3.23.    Effect of suspension of registration of RTO
   4.3.24.    Registering body to register amendment, suspension or cancellation
   4.3.25.    Audit of RTO registered by the Authority
   4.3.26.    Audit of RTO registered by another registering body
   4.3.27.    Conduct of audit
   4.3.28.    Powers not limited by compliance audit provisions
   4.3.29.    Function or power may be used to support national
           scheme

           Division 5-Higher education

   4.3.30.    Approval of Universities
   4.3.31.    Revocation or suspension of approval of University
   4.3.32.    Disallowance of notices
   4.3.33.    Authorisation to conduct higher education courses
   4.3.34.    Suspension or cancellation of authorisation
   4.3.35.    Review of operations of universities, institutions

           Division 6-Approval to exercise delegated powers

   4.3.36.    Approvals to enable delegation of powers

   PART 4.4-ACCREDITATION AND QUALIFICATIONS

           Division 1-Investigation and accreditation

   4.4.1.    Investigation of a course or part of a course by Authority
   4.4.2.    Accreditation of a course or part of a course
   4.4.3.    Cancellation or suspension of accreditation
   4.4.4.    Review of higher education courses

           Division 2-Qualifications

   4.4.5.    Who can issue qualifications?

   PART 4.5-OVERSEAS STUDENTS

   4.5.1.    Approval to provide courses for overseas students
   4.5.2.    Process for approval
   4.5.3.    Suspension or cancellation of approval
   4.5.4.    Review of operations of institutions and courses

   PART 4.5A-OVERSEAS EXCHANGE STUDENTS

   4.5A.1.   Approval of overseas secondary student exchange organisations
   4.5A.2.   Conditions of approval
   4.5A.3.   Application for approval
   4.5A.4.   Duration and renewal of approval
   4.5A.5.   Application for renewal of approval
   4.5A.6.   Suspension or cancellation of approval

   PART 4.6-STATE REGISTER

   4.6.1.    State Register
   4.6.2.    Division of education and training organisations
   4.6.3.    Division of Higher Education
   4.6.4.    National registration

   PART 4.7-OFFENCES

   4.7.1.    Unregistered schools
   4.7.2.    Offences by unregistered persons
   4.7.3.    Offence in relation to accredited courses
   4.7.4.    Offences in relation to courses and qualifications
   4.7.5.    Offence to falsely claim to be an RTO
   4.7.6.    Only approved universities to operate in Victoria
   4.7.7.    Accreditation and authorisation of courses required
   4.7.8.    Offence to falsely claim to provide an accredited course
   4.7.9.    Offence in relation to qualifications

   PART 4.8-REVIEW BY VCAT

   4.8.1.    Review by VCAT

   PART 4.9-INFORMATION AND EVIDENCE

   4.9.1.    Publication of registers
   4.9.2.    Certificate prima facie evidence
   4.9.3.    False representation
   4.9.4.    Information may be made available

CHAPTER 5-GENERAL

   PART 5.1-ADMINISTRATION

   5.1.1.    Department
   5.1.2.    Supply of information

   PART 5.2-MINISTER'S POWERS

   5.2.1.    Minister's general powers
   5.2.2.    Minister's powers about multi-sector arrangements
   5.2.3.    Minister's powers to acquire land
   5.2.4.    Minister's power to take land on lease
   5.2.5.    Minister's power over reserved Crown lands
   5.2.6.    Vesting of property in Minister
   5.2.7.    Agreements and arrangements concerning use of property
   5.2.8.    Minister's powers for off shore education services
   5.2.9.    Delegations by Minister
   5.2.10.    Establishment of bodies to advise Minister
   5.2.11.    Minister's powers to require financial agreements
   5.2.12.    Minister's powers to make orders
   5.2.13.    Minister's powers to fix fees

   PART 5.3-SECRETARY'S FUNCTIONS AND POWERS

   5.3.1.    Secretary's powers of employment
   5.3.2.    Secretary's other functions and powers
   5.3.3.    Delegation of Secretary's powers
   5.3.4.    Secretary may request criminal record check
   5.3.5.    Effectiveness and efficiency review

   PART 5.4-WORKPLACE LEARNING

           Division 1-Work experience

   5.4.1.    Definitions
   5.4.2.    Application
   5.4.3.    Work experience arrangements
   5.4.4.    Orders about work experience arrangements
   5.4.5.    Structured workplace learning arrangements
   5.4.6.    Orders about structured workplace learning
   5.4.7.    Conditions of employment under work experience arrangements
   5.4.8.    Conditions of employment under structured workplace learning arrangements
   5.4.9.    Payment
   5.4.10.    Duty of care
   5.4.11.    Application of certain laws if employment is for work experience
   5.4.12.    Arrangements for students from interstate

           Division 2-Practical placement

   5.4.13.    Definitions
   5.4.14.    Practical placement agreements
   5.4.15.    Determination about the placement of post-secondary students
   5.4.16.    Payment
   5.4.17.    Suspension of conditions for students
   5.4.18.    Duty of care
   5.4.19.    Application of certain laws where employment is to gain work experience or training

           Division 3-Minimum terms and conditions for students

   5.4.20.    Orders about non-payment for work

   PART 5.5-APPRENTICES

           Division 1-Preliminary

   5.5.1.    Definitions

           Division 2-Training schemes

   5.5.2.    Training schemes
   5.5.3.    Certain provisions do not apply to certain vocations

           Division 3-State training and employment provisions

   5.5.4.    State training and employment provisions
   5.5.5.    Training and employment agreements to accord with Schedule 4.

           Division 4-Training contracts

   5.5.6.    Employer must have Commission's approval to enter into
           a training contract with an apprentice
   5.5.7.    Procedure for approval
   5.5.8.    Employer's obligations under a training contract
   5.5.9.    Apprentice's obligations under a training contract
   5.5.10.    Approval of training contracts
   5.5.11.    Parties to training contract
   5.5.12.    Execution of training contract
   5.5.13.    Apprentice to be enrolled in training
   5.5.14.    Term of a training contract
   5.5.15.    Cancellation, suspension or variation of a training contract
   5.5.16.    Suspension or cancellation of a training contract if insufficient employment available
   5.5.17.    Commission to determine grievances in certain
           circumstances
   5.5.18.    Associations of employers may employ apprentices
   5.5.19.    Partnerships

           Division 5-Approved training agents

   5.5.20.    Approved training agents
   5.5.21.    Delegations to approved training agents
   5.5.22.    Review of decisions of approved training agents

           Division 6-General

   5.5.23.    Register of apprentices
   5.5.24.    Subsidies
   5.5.25.    Fees for certificates

   PART 5.6-VOLUNTEER WORKERS COMPENSATION

   5.6.1.    Definitions
   5.6.2.    Compensation for personal injuries
   5.6.2A.    Cessation of benefits
   5.6.3.    Compensation for damage to property
   5.6.4.    Jurisdiction
   5.6.5.    Authority to represent Crown
   5.6.6.    Payments
   5.6.7.    Recovery from third parties
   5.6.8.    Compensation for property damage and expenses to be
           paid from Consolidated Fund
   5.6.9.    Offence

   PART 5.7-SCHOLARSHIPS

   5.7.1.    Scholarships at Government schools
   5.7.2.    Minister's powers to grant scholarships

   PART 5.8-ENFORCEMENT

   5.8.1.    Authorised officers
   5.8.2.    Identification
   5.8.3.    Powers of authorised officers
   5.8.4.    Exercise of powers by authorised officers
   5.8.5.    Authority to provide information to school attendance
           officers
   5.8.6.    Proceedings for offences
   5.8.7.    Offences by corporations etc.
   5.8.8.    Evidentiary
   5.8.9.    Evidence

   PART 5.9-GENERAL

   5.9.1.    Delegation
   5.9.2.    Disposal of land of non-vested schools
   5.9.3.    Supreme Court-limitation of jurisdiction

   PART 5.10-DELEGATED LEGISLATION

           Division 1-Regulations

   5.10.1.   Regulations
   5.10.2.   Scope of regulations

           Division 2-Orders in Council

   5.10.3.   Orders in Council

           Division 3-Ministerial orders

   5.10.4.   Ministerial orders-general provisions
   5.10.5.   Ministerial Orders-special provisions
   5.10.6.   Ministerial Orders-disallowance

CHAPTER 6-REPEALS, AMENDMENTS, SAVINGS AND TRANSITIONALS

   6.1.    1, 6.1.2 Repealed
   6.1.3.    Transitional and saving provisions
   6.1.4.    Transitional provision-Teaching Service Act
   6.1.5.    Transitional provision-Government teaching service
   6.1.6.    Transitional provision-directors of TAFE institute
           boards
   6.1.7.    Transitional provision-operators of student exchange programs
   6.1.8.    Transitional provision-overseas exchange students
           __________________
           SCHEDULE 1-Learning Areas Subject to Free Instruction
           SCHEDULE 2-General Provisions for Authorities
           1. Definitions
           2. Terms and conditions of appointment of members
           3. Payment of members
           4. Acting appointments
           5. Meetings of authority
   6.      Member's interests
   7.      Resolutions without meetings
   8.      Approved methods of communication for authority
   9.      Chief Executive's responsibilities
   10.     Establishment of committees
   11.     Delegation of Authority's power
   12.     Effect of vacancy or defect
   13.     Authority Funds
   14.     Investment powers
           SCHEDULE 3-Employment of Staff

   PART 1-GENERAL
   1. Superannuation

   PART 2-EXECUTIVE OFFICERS
   2. Contracts for executive officers
   3. Contracts to be in writing
   4. Superannuation
           SCHEDULE 4-State Training and Employment Provisions
           1. Definitions
           2. Application
           3. Objective
           4. Training conditions
           5. Employment conditions
           6. Wages
           SCHEDULE 5-Regulations
           1. Government schools
           2. Age requirements for attending Government schools
           3. School councils
           4. Teaching service
           5. Registration of teachers in schools
           6. Council of VIT
           7. Higher education fees
           8. Scholarships
           9. Principles
           10. General
           SCHEDULE 6-Ministerial Orders
           1. Work experience arrangements
           2. Structured workplace learning
           3. Fees payable under this Act
           4. Discipline in Government schools
           5. Councils of Government schools
           6. Government school plans
           7. Annual reports of school councils
           8. Employment in the teaching service
           9. TAFE teaching staff
           10. Training agents
           SCHEDULE 7-Repealed
           SCHEDULE 8-Transitional and Saving Provisions
           1.1. Definitions
           1.2. General transitional provisions
           1.3. Savings and transitional regulations
           1.4. Registered teachers
           1.5. Registered schools
           1.6. Higher education
           1.7. Overseas students
           1.8. State Register
           1.9. VRQA
           1.10. Victorian Skills Commission
           1.11. Registered Schools Board
           1.12. Continued bodies
           1.13. Instruments
           ---------------
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details


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