Victorian Consolidated Regulations

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EDUCATION AND TRAINING REFORM REGULATIONS 2007

S.R. No. 61/2007
Version incorporating amendments as at 8 February 2009

TABLE OF PROVISIONS

           Regulation Page

   PART 1-PRELIMINARY

   1.      Objectives
   2.      Authorising provisions
   3.      Commencement
   4.      Revocations
   5.      Definitions
   6.      Definition of school
   7.      What is a not-for-profit school?
   8.      Measurement of distances

   PART 2-GOVERNMENT SCHOOL EDUCATION

           Division 1-Admission and attendance

   9.      Admission
   10.     School terms
   11.     Temporary closure of schools
   12.     Reasonable excuse-prescribed distance

           Division 1A-Age requirements

   12A.    Application of Division
   12B.    Minimum age requirement for Government schools
   12C.    Maximum age requirement for Government schools
   12D.    Maximum age requirement for English language Government schools or centres
   12E.    Exemption from minimum age requirement-Government schools
   12F.    Exemption from maximum age requirement-Government schools
   12G.    Exemption from maximum age requirement-English language Government school or centre
   12H.    Period of exemptions

           Division 2-Student behaviour

   13.     Student behaviour policy
   14.     Corporal punishment not permitted
   15.     Restraint from danger
   16.     Implementation of student behaviour policy

   PART 3-GOVERNMENT SCHOOL COUNCILS

           Division 1-Meetings and membership

   17.     Meetings of the school council
   18.     Who is to preside at a meeting?
   19.     Quorum of school council
   20.     Decisions and voting
   21.     Conflicts of interest
   22.     Appointment of community members
   23.     First council meeting-no community members
   24.     Election of office bearers
   25.     Extended leave of council member
   26.     Removal of office bearer from office
   27.     Extraordinary meetings
   28.     Public reporting meeting

           Division 2-Sub-committees

   29.     Sub-committees

           Division 3-Delegations

   30.     Delegation
   31.     Record and terms of delegation
   32.     Revocation or amendment of delegation
   33.     Receipt of money by delegate
   34.     Delegate to report to school council
   35.     Ratification of actions of sub-committee

           Division 4-Accounts and records

   36.     Accounts
   37.     Revenue and expenditure
   38.     Financial statements to be made available
   39.     Keeping and availability of records

           Division 5-Employment

   40.     Employment

           Division 6-Common seal

   41.     Common seal

   PART 4-PARENTS' CLUBS AND FUNDRAISING FOR GOVERNMENT SCHOOLS

           Division 1-Parents' clubs

   42.     Parents' clubs
   43.     Request for formation
   44.     Interim Committee
   45.     Funds
   46.     Dissolution
   47.     Dissolution procedures

           Division 2-Fundraising for Government schools

   48.     Fundraising
   49.     Funds to be held in trust
   50.     Application of funds held by parents' club

   PART 5-REGISTRATION OF SCHOOLS

           Division 1-Minimum standards for registration

   51.     Minimum standards for registration
   52.     Exemption from curriculum framework standard
   53.     Exemption from student enrolment numbers standard
   54.     Exemption from school governance standard

           Division 2-Application for registration of a school

   55.     Timing of application
   56.     Particulars and information in application
   57.     Authority to be notified of changes to application information

           Division 3-Application to amend registration of a school

   58.     Application to amend registration
   59.     Application of regulation 55.
   60.     Particulars and information of application
   61.     Authority to notify its decision

           Division 4-Conditions of registration

   62.     School must be conducted in accordance with registration
   63.     Authority must be notified of change of particulars

           Division 5-Reports to the Authority

   64.     Information required in reports to Authority

   PART 6-HOME SCHOOLING

           Division 1-Application for registration for home schooling

   65.     Application for registration
   66.     Notice of decision regarding registration for home schooling
   67.     State Register

           Division 2-Requirements of registration for home schooling

   68.     Requirements of instruction in home schooling
   69.     Requirement to notify Authority of changes to details in application
   70.     Requirement to notify Authority annually of continuation of home schooling
   71.     Requirement to notify Authority if child ceases to be home schooled

           Division 3-Cancellation of registration for home schooling

   72.     Cancellation of registration
   73.     Notification of cancellation of registration

   PART 7-REGISTRATION OF EDUCATION AND TRAINING ORGANISATIONS

           Division 1-Minimum standards for senior secondary courses and qualifications

   74.     Minimum standards for registration to provide an accredited senior secondary course
   75.     Minimum standards for registration to award, confer or issue a senior secondary qualification

           Division 2-Minimum standards for vocational education and training

   76.     Minimum standards for registration to provide a vocational education and training course
   77.     Minimum standards for registration to award, confer or issue a registered vocational education and training qualification

           Division 3-Registration of education and training organisations

   78.     Notice of decision on application for registration
   79.     Application to amend details of registration
   80.     Notice of decision on application by registered education and training organisation for amendment of registration
   81.     Notice of decision to suspend or cancel registration

   PART 8-ROLE OF AUTHORITY IN INVESTIGATING COMPLAINTS

   82.     Authority to investigate complaints of breach of principles
   83.     Complaints that may be investigated
   84.     Procedure for investigation
   85.     Authority may refuse to investigate complaint

   PART 9-TRANSPORT AND TRAVELLING ALLOWANCES

           Division 1-Approved transport services

   86.     Approval of transport services
   87.     Designated transport areas
   88.     Transport of Government school students
   89.     Transport of non-Government school students
   90.     Short distance transport
   91.     Failure of contractor

           Division 2-Travelling allowances

   92.     Determination of travelling allowances
   93.     Grant of travelling allowance
   94.     Purpose of travelling allowance
   95.     Grant of travelling allowance in special circumstances
   96.     Increased allowance for students with disabilities

   PART 10-EDUCATION MAINTENANCE ALLOWANCES
   AND SCHOLARSHIPS

           Division 1-Education maintenance allowance

   97.     Application by parent for education maintenance allowance
   98.     Application by institution for education maintenance
           allowance
   99.     Procedure for application
   100.    Grant of education maintenance allowance

           Division 2-Scholarships

   101.    Scholarships
   102.    Value of scholarship

   PART 11-ELECTIONS FOR COUNCIL OF THE VICTORIAN INSTITUTE OF TEACHING

   103.    Victorian Electoral Commission's functions and powers
   104.    Roll of electors
   105.    Entitlement to vote
   106.    Election dates
   107.    Notice of election
   108.    Nominations
   109.    Candidate's personal statement and photograph
   110.    No nomination
   111.    Uncontested elections
   112.    Contested elections
   113.    Withdrawal of a candidate
   114.    Death of a candidate
   115.    Inclusion of candidate's personal statement and photograph
   116.    Issue of ballot material
   117.    Return of ballot papers
   118.    Change to election day
   119.    Issue of new ballot papers
   120.    Victorian Electoral Commission to deal with ballot paper envelopes on receipt
   121.    Place where the votes are to be counted
   122.    Scrutineers
   123.    Validity of ballot paper
   124.    Production, opening and deposit of ballot papers
   125.    Use of electronic counting equipment
   126.    Counting votes if only one member is to be elected
   127.    Counting votes if 2 members are to be elected
   128.    Adjournment of scrutiny and the count of votes
   129.    Notification of results
   130.    Recounts
   131.    Publication of results
   132.    Custody and disposal of ballot papers

   PART 12-GOVERNMENT TEACHING SERVICE APPEALS

   133.    Prescribed form for notices of appeal

   PART 13-TRANSITIONAL PROVISIONS

   134.    Existing schools may continue to have lower enrolment
           numbers
   135.    Existing schools may continue to be conducted on a for profit basis
   136.    Registration of children currently being home schooled
   137.    Minimum standards not to apply to certain courses
   138.    Savings provision-Education and Training Reform
           Amendment (Age Requirements) Regulations 2009.
           __________________
           SCHEDULE 1-Revocations
           SCHEDULE 2-Minimum standards for registration of schools
           1. Programs and teaching to promote principles underlying the
           Act
           2. Student learning outcomes
           3. Monitoring and reporting on students' performance
           4. Teachers' requirements
           5. Compliance with Working with Children Act 2005.
           6. Curriculum framework for school
           7. Student enrolment numbers
           8. Enrolment policy
           9. Register of enrolments
           10. Monitoring of attendance
           11. Attendance register
           12. Care, safety and welfare of students
           13. Buildings, facilities and grounds
           14. Educational facilities
           15. School governance
           16. School's philosophy
           17. School must be not-for-profit
           18. Information on school's performance to be available
           19. Schools must comply with Act and regulations
           20. Schools must comply with conditions of registration
           21. Schools must have policies and procedures in place
           SCHEDULE 3-Information Required for Application for the Registration of a School
           SCHEDULE 4-Information Required for Application to Amend Registration to Include Additional Campus
           SCHEDULE 5-Information Required for Application to Amend Registration to Include Additional Year Level
           SCHEDULE 6-Application for Registration of Child for Home Schooling
           SCHEDULE 7-Minimum Standards for Registration to Provide
           an Accredited Senior Secondary Course
           1. Definition
           2. Principles to apply
           3. Student learning outcomes
           4. Student welfare
           5. Student records and results
           6. Teaching and learning
           7. Governance and probity
           SCHEDULE 8-Minimum Standards for Registration to Award, Confer or Issue a Registered Senior Secondary Qualification
           1. Definitions
           2. Quality Assurance
           3. Student records
           4. Governance and probity
           5. Policies and procedures
           6. Investigations
           7. Registered provider to award qualification
           SCHEDULE 9-Minimum Standards for Registration for
           Vocational Education and Training

   PART 1-VET PROVIDERS
   1. Definition
   2. Principles to apply
   3. Procedures
   4. Information requested by the Authority

   PART 2-VET QUALIFICATION AWARDING BODIES
   5. Application of prescribed minimum standards-VET
           SCHEDULE 10-Notice of Appeal
   ---------------
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details


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