Victorian Numbered Acts Victorian Numbered Acts(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;
s. 1.1.3
"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 and Training;
"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 included in the State Register;
"industry training board" means an industry training board established or
declared by the Minister under Part 3.1;
s. 1.1.3
"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;
s. 1.1.3
"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;
s. 1.1.3
"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
s. 1.1.3
(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;
"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—
s. 1.1.3
(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;
"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 and Training is changed, a reference in the definition of "Department" in sub-section (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.