EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.6.1 Definitions

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.6.1

    (1)     In this Part—

S. 5.6.1(1) def. of Accident Compen-sation Conciliation Service inserted by No. 13/2022 s. 16.

Accident Compensation Conciliation Service has the same meaning as in the Workplace Injury Rehabilitation and Compensation Act 2013 ;

"approved community work" means community work engaged in by a student of a registered school and approved by the principal of the school as school community work;

S. 5.6.1(1) def. of Authority amended by No. 67/2013 s. 649(Sch. 9 item 13(3)).

"Authority" means the Victorian WorkCover Authority under the Workplace Injury Rehabilitation and Compensation Act 2013 ;

"child" of a volunteer school worker or volunteer student worker means a child of the worker or of the worker's partner who—

        (a)     is under the age of 16 years; or

        (b)     is 16 years or more but under the age of 21 years and is a full-time student;

"dependant" of a volunteer school worker or volunteer student worker means a person who was at the date of the worker's death wholly, mainly or partially dependent on the worker for financial support;

S. 5.6.1(1) def. of domestic partner substituted by No. 12/2008 s. 73(1)(Sch. 1 item 18.1), amended by No. 4/2009 s. 37(Sch. 1 item 11.1).

"domestic partner" of a person means—

        (a)     a person who is in a registered domestic relationship with the person; or

        (b)     a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

partner of a volunteer school worker or volunteer student worker means—

        (a)     in relation to a person who died before 23 August 2001—the person's spouse at the time of death;

        (b)     in relation to a person who dies on or after 23 August 2001—the person's spouse or domestic partner at the time of death;

S. 5.6.1(1) def. of provisional payments inserted by No. 5/2021 s. 39.

"provisional payments" means payments provided for under—

        (a)     Division 10 of Part 5 of the Workplace Injury Rehabilitation and Compensation Act 2013 ; and

        (b)     Division 2BA of Part IV of the Accident Compensation Act 1985 ;

S. 5.6.1(1) def. of school work amended by No. 29/2023 s. 21.

"school work" means—

        (a)     the carrying out of the functions of the school council of any Government school;

        (b)     the carrying on of any activities for the welfare of any Government school—

              (i)     by the school council of that school; or

              (ii)     by any parents' club or association or other body organised to promote the welfare of the school; or

              (iii)     at the request of the principal or the school council of the school or of any body referred to in subparagraph (ii);

        (c)     the giving of any assistance in the work of any Government school or the provision of a kindergarten program by the school council of any Government school;

        (d)     attendance at meetings in relation to Government schools convened at a State or regional level by any body receiving financial support from the Government; or

        (e)     attendance at meetings in relation to Government schools in any region being meetings convened by the Secretary;

spouse of a person means a person to whom the person is married;

"volunteer school worker" means a person who without remuneration or reward voluntarily engages in school work;

"volunteer student worker" means a person who, without remuneration or reward, voluntarily engages in approved community work.

S. 5.6.1(2) substituted by No. 12/2008 s. 73(1)(Sch. 1 item 18.2).

    (2)     For the purposes of the definition of domestic partner in subsection (1)—

S. 5.6.1(2)(a) amended by No. 4/2009 s. 37(Sch. 1 item 11.2(a)).

        (a)     "registered domestic relationship" has the same meaning as in the Relationships Act 2008 ; and

S. 5.6.1(2)(b) amended by No. 4/2009 s. 37(Sch. 1 item 11.2(b)).

        (b)     in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.