Victorian Consolidated Legislation

Education and Training Reform Act 2006 - SECT 1.1.3.

Definitions

1.1.3. Definitions



(1) In this Act-

accredited means-

   (a)  in relation to a vocational education and training or further
        education course, registered on the State Register and National
        Register;

   (b)  in relation to any other course, registered as accredited on the State
        Register as being suitable for the purposes of a qualification; adult,
        community and further education means-

   (a)  further education; or

   (b)  secondary education for adults; or

   (c)  that part of education and training which is directed towards the
        development of skills and knowledge in relation to work when it is
        provided by an adult education institution established by or under
        this Act or a community based organisation which is not a TAFE
        institute, a commercial provider or an industry provider;

adult education institution means AMES or the Centre for Adult Education or an
adult education institution established under Part 3.3;

AMES means the adult education institution known as Adult Multicultural
Education Services established under Part 3.3;

apprentice means a person whom an employer has undertaken to train under a
training contract;
AQF means the framework known as the "Australian Qualifications Framework"
endorsed by the Ministerial Council on Education, Employment, Training and
Youth Affairs to commence on 1 January 1995, as amended from time to time by
that Ministerial Council; Authority means the Victorian Registration and
Qualifications Authority established under Chapter 4; autonomous college means
a post-secondary education institution established under Part 3.2;

Centre for Adult Education means the adult education institution known as the
Centre for Adult Education established under Part 3.3;

Commission means the Victorian Skills Commission renamed and continued in
operation under Part 3.1;

compulsory school age means not less than 6 nor more than 16 years of age;
Department means the Department of Education;



early childhood means the period of childhood up to 6 years of age;

further education means those education programs that lead to the development
of knowledge and skills that are not specific to any particular occupation and
are not provided or offered by a university (other than in the TAFE division
of a university) or an autonomous college;

Government school means a school established by the Minister and conducted
under Part 2.2; higher education award means a qualification described as a
higher education award in the AQF but does not include a graduate certificate
if the course of study relating to that certificate is an accredited
vocational education and training course included in the State Register;
industry training board means an industry training board established or
declared by the Minister under Part 3.1;

Institute means the Victorian Institute of Teaching continued in operation
under Part 2.6;

learning outcome, in relation to a course, means a written statement of what a
student will know and be able to do as a result of successfully undertaking
the course; Ministerial Order means an Order made by the Minister under this
Act;

national standards means standards agreed to from time to time by the
governments of the Commonwealth, States and Territories; non-Government school
means a school, other than a Government school, that is registered or required
to be registered under Part 4.3;

overseas student means a person holding a visa under the Migration Act 1958 of
the Commonwealth which allows the person, whether expressly or otherwise, to
study in Victoria;

parent, in relation to a child, includes a guardian and every person who has
parental responsibility for the child including parental responsibility under
the Family Law Act of the Commonwealth and any person with whom a child
normally or regularly resides; post-compulsory education means education of
persons 16 years of age or over;

post-secondary education means education of persons-

   (a)  who are beyond the age of compulsory school attendance; and

   (b)  who are not undergoing a course of secondary education at a registered
        school;

post-secondary education institution means an institution which is supported
directly or indirectly by Government funds providing post-secondary education
including but not limited to a TAFE institute, an autonomous college and a
university;

post-secondary education provider means a post-secondary education institution
or other institution or person or body providing or offering to provide
post-secondary education;

principal means a person appointed to a designated position as principal of a
registered school or a person in charge of a registered school; Regional
Council means a Regional Council of Adult, Community and Further Education
established under Part 3.3;

registered education and training organisation means a person or body
registered under Part 4.3 to deliver an accredited course or award or issue a
registered qualification;

registered qualification means a qualification that is registered on the State
Register; registered school means a school registered under Part 4.3;

registered teacher means a person registered under Part 2.6 as a teacher or a
person who is granted permission to teach under Part 2.6;

registration includes permission to teach under Part 2.6; school means a place
at or from which education is provided to children of compulsory school age
during normal school hours, but does not include-

   (a)  a place at which registered home schooling takes place;

   (b)  a University;

   (c)  a TAFE institute;

   (d)  an education service exempted by Ministerial Order;

   (e)  any other body exempted by the regulations;

school attendance officer means a person appointed by the Minister to be a
school attendance officer under Part 2.1;

school council means the council of a Government school or group of schools
that is constituted under Part 2.3;

school day means day on which a school is open;

Secretary means Secretary to the Department;

sexual offence means-

   (a)  an offence against section 44(2), 45, 47, 47A, 48, 49, 49A, 54, 56,
        58, 60, 68, 69 or 70 of the Crimes Act 1958; or

   (b)  an offence against section 45(1) (sexual penetration of child under
        the age of 10) (as amended) of the Crimes Act 1958 inserted in the
        Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual
        Offences) Act 1991 and repealed by section 5 of the Crimes (Amendment)
        Act 2000; or

   (c)  an offence against section 46(1) (sexual penetration of child aged
        between 10 and 16) (as amended) of the Crimes Act 1958 inserted in the
        Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual
        Offences) Act 1991 and repealed by section 5 of the Crimes (Amendment)
        Act 2000; or

   (d)  an offence against section 38, 39, 40, 44(1), 53, 55, 57 or 59 of the
        Crimes Act 1958 involving a person under the age of 18; or

   (e)  an offence of attempting to commit any offence referred to in
        paragraph (a), (b), (c) or (d); or

   (f)  any other offence, whether committed in Victoria or elsewhere, the
        necessary elements of which consist of or include elements which
        constitute an offence referred to in paragraph (a), (b), (c), (d) or
        (e); State Register means the State Register maintained under
        Part 4.6; Student Register means the Student Register established
        under Part 5.3A;



TAFE means technical and further education; TAFE institute means an
institution created under section 3.1.11 and includes the TAFE division of a
university with a TAFE division;

technical and further education means post-secondary education wherever
provided or offered which is not directed towards-

   (a)  the award of a degree or diploma at an autonomous college or
        university; or

   (b)  a higher education award;

training means training whether by way of course, instruction or practical
training in the knowledge and skills required for a vocation; training
contract means an apprenticeship training contract or a traineeship training
contract;

university means a University established by an Act of the Parliament of
Victoria or the Australian Catholic University Limited;

university with a TAFE division means the University of Ballarat, Royal
Melbourne Institute of Technology, Swinburne University of Technology or
Victoria University; VCAL means the Victorian Certificate of Applied Learning;
VCE means the Victorian Certificate of Education; Victorian student number
means the number allocated to a student by the Secretary under Part 5.3A;

vocational education and training means-

   (a)  the education and training and qualifications and statements of
        attainment under the vocational education and training provisions
        under the AQF; and

   (b)  that part of education and training which is directed towards the
        development of skills and knowledge in relation to work when it is
        provided by an adult education institution or a community based
        organisation which is not a TAFE institute, a commercial provider or
        industry provider.

(2) If under the Public Administration Act 2004 the name of the Department of
Education is changed, a reference in the definition of Department in
subsection (1) to that Department must, from the date when the name is
changed, be treated as a reference to the Department by its new name.

(3) Unless the context otherwise requires, a reference in this Act to a Part
by a number must be construed as a reference to the Part, designated by that
number, of this Act.