Education Acts (Amendment) Act 1999 (Vic)

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Education Acts (Amendment) Act 1999

Act No. 15/1999

TABLE OF PROVISIONS

Section Page

PART 1—PRELIMINARY 1

1. Purposes 1
2. Commencement 2

PART 2—EDUCATION ACT 1958 3

3. New definitions inserted 3
4. Registration of schools with less than 20 pupils 3
5. Cancellation of registration of schools with less than 10 pupils 4
6. Ministerial orders 4

PART 3—TEACHING SERVICE ACT 1981 5

7. Definition of "efficiency" 5
8. New heading to Division 2A substituted 5
9. New section 4B inserted 5

4B. Vacant offices 5

10. Repeal of sections 6 and 7 6
11. Temporary employment 6
12. New Division 5 inserted 6
Division 5—Advertisements 6

10. Public notices 6

13. Efficiency 7

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NOTES 8

i

Victoria

No. 15 of 1999

Education Acts (Amendment) Act 1999†

[Assented to 18 May 1999]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The main purposes of this Act are—

(a)

to make further provision for the registration of schools;

(b)

to widen the application of section 84 of the Education Act 1958 to Ministerial Orders made under section 15T of that Act;

Education Acts (Amendment) Act 1999

Act No. 15/1999 s. 2

(c)

to make further provision for appointments to vacant offices in the teaching service.

2. Commencement
This Act comes into operation on the day on which it receives the Royal Assent.

_______________
Education Acts (Amendment) Act 1999

s. 3	Act No. 15/1999

PART 2—EDUCATION ACT 1958

3. New definitions inserted

No.

6240/1958.	In section 35 of the Education Act 1958, after
Reprint No. 7	sub-section (2) insert—
as at 1 July
1998 and	'(3) In this Part—
subsequently
amended by	"Melbourne Statistical Division" means
Nos 82/1998
and 85/1998.	the area comprising the Statistical Division of Melbourne described in the Australian Standard Geographical Classification published by the Australian Bureau of Statistics from time to time;

"Urban Centre" means an area referred to as an Urban Centre in the most recent census results published by Australian Bureau of Statistics.'.

4. Registration of schools with less than 20 pupils

(1) In section 42(3) of the Education Act 1958, for
paragraph (c) substitute—
"(c) shall not register a school if the school has
an enrolment of less than 20 pupils;".

(2) In section 42 of the Education Act 1958, after
sub-section (4) insert—
"(5) Sub-section (3)(c) does not apply to a school
with an enrolment of more than 10 persons if
the school is—

(a)

a primary school that is not located within—

(i) the Melbourne Statistical
Division; or
(ii) an Urban Centre with a population of 20 000 or less (as recorded by

Education Acts (Amendment) Act 1999

Act No. 15/1999 s. 5
the last published census results of
the Australian Bureau of
Statistics); or

(b) a special school.".

5. Cancellation of registration of schools with less than 10 pupils
In section 43(1A) of the Education Act 1958, for
paragraph (a) substitute—
"(a) the enrolment of the school is less than 10, if
the school is a primary school that is not
located within—
(i) the Melbourne Statistical Division; or
(ii) an Urban Centre with a population of 20 000 or less (as recorded by the last published census results of the
Australian Bureau of Statistics); or

(ab) the enrolment of the school is less than 10, if
the school is a special school; or".

6. Ministerial orders
In section 84(1) of the Education Act 1958 after
"15Q," insert "15T,".

_______________
Education Acts (Amendment) Act 1999

s. 7	Act No. 15/1999

PART 3—TEACHING SERVICE ACT 1981

7. Definition of "efficiency"
In section 2(1) of the Teaching Service Act 1981 insert the following definition—

No.

9714/1981.	' "efficiency" means—
Reprint No. 4
as at 1 July	(a) special qualifications and aptitude for
1997 and	the discharge of the duties of the office
subsequently
amended by	to be filled together with merit
Nos 28/1998	diligence and good conduct; and
and 46/1998.

(b)

in relation to an office that the Minister has determined to be an office to which this paragraph applies "efficiency" is, in relation to the filling of the office,
deemed to include special
qualifications and aptitude for the
discharge of the duties of higher offices
in the teaching service;'.

8. New heading to Division 2A substituted
For the heading to Division 2A of Part II of the
Teaching Service Act 1981, substitute "Division
2A—Appointments Generally".

9. New section 4B inserted
After section 4A of the Teaching Service Act
1981 insert—
"4B. Vacant offices
(1) If an office is vacant or is about to become vacant, the Secretary may take steps to fill the vacancy under this Act.
(2) In the selection of a person to fill a vacant
office, the Secretary must have regard to the
relative efficiency of any two or more
applicants for the office.".

Education Acts (Amendment) Act 1999

Act No. 15/1999 s. 10

10. Repeal of sections 6 and 7
Sections 6 and 7 of the Teaching Service Act
1981 are repealed.

11. Temporary employment
In section 9 of the Teaching Service Act 1981,
for sub-section (2) substitute—
"(1) If, in the opinion of the Secretary the prompt
dispatch of the work of any section renders
temporary assistance necessary, and suitable
temporary assistance cannot be made
available by the transfer of officers or
employees from within the teaching service,
the Secretary may appoint a person for the
work.
(2) In the selection of a person under sub-section
(1), the Secretary must have regard to the
relative efficiency of any two or more
applicants for the employment.".

12. New Division 5 inserted
After section 9 of the Teaching Service Act 1981 insert—
"Division 5—Advertisements

10.
Public notices in the teaching service under this Part, except section 4(4), unless—

(a)

public notice of the vacancy in the office or proposed office has been given; and

(b)

the person has applied for appointment to the office or to the proposed office in response to a public notice.".

Education Acts (Amendment) Act 1999

s. 13

Act No. 15/1999

13. Efficiency
In section 65 of the Teaching Service Act 1981—
(a) in sub-section (1)—
(i) omit "(1)"; and
(ii) for "in the selection of an officer to fill a vacancy and in determining any appeal" substitute "in determining any appeal."

(b) sub-section (2) is repealed.
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Education Acts (Amendment) Act 1999

Act No. 15/1999 Notes

NOTES

†
Minister's second reading speech—
Legislative Assembly: 25 March 1999
Legislative Council: 5 May 1999
The long title for the Bill for this Act was "to amend the Education Act
1958 and the Teaching Service Act 1981 and for other purposes."

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3.	New definitions inserted	3
4.	Registration of schools with less than 20 pupils	3
5.	Cancellation of registration of schools with less than 10 pupils	4
6.	Ministerial orders	4

7.	Definition of "efficiency"	5
8.	New heading to Division 2A substituted	5
9.	New section 4B inserted	5

10.	Repeal of sections 6 and 7	6
11.	Temporary employment	6
12.	New Division 5 inserted	6
Division 5—Advertisements	6

(a)	to make further provision for the registration of schools;
(b)	to widen the application of section 84 of the Education Act 1958 to Ministerial Orders made under section 15T of that Act;

(a)	a primary school that is not located within—
(i)	the Melbourne Statistical Division; or

(b)	in relation to an office that the Minister has determined to be an office to which this paragraph applies "efficiency" is, in relation to the filling of the office,
deemed to include special qualifications and aptitude for the discharge of the duties of higher offices in the teaching service;'.

(a)	public notice of the vacancy in the office or proposed office has been given; and
(b)	the person has applied for appointment to the office or to the proposed office in response to a public notice.".