Education and Training Reform Amendment Act 2025 (Vic)

Education and Training Reform Amendment Act 2025

No. 2 of 2025

TABLE OF PROVISIONS

Clause  Page

Part 1—Preliminary

1Purposes

2Commencement

3Principal Act

Part 2—Amendment of the Education and Training Reform Act 2006

4Definitions

5Work of a higher or lower class or grade

6Resignation and removal from office of pool members

7Resignation and removal from office

8Membership of Authority

9Notice of hearing

10Minister must consider certain persons for appointment as members of the Council

11Pool of approved persons who may sit on hearing panels

12Resignation and removal

13Board of the Academy

14Payment of funding

15Membership

16Membership of the Board

17Section 3.3.34 substituted

18Content of statement of corporate intent

19Membership of Authority

20Interim condition may be imposed on school before review completed

21Procedure after decision to take action in respect of school

22Action after review of a registered school

23Sections 4.3.4A and 4.3.4B substituted

24General review of operation of registered school boarding premises by Authority

25Specific review of operation of registered school boarding premises by Authority

26Interim condition may be imposed on registered school boarding premises before review completed

27Procedure after decision to take action in respect of registered school boarding premises

28Action after review of a registered school boarding premises

29Sections 4.3.8R and 4.3.8S substituted

30Provider of school boarding services must give notice of action taken in relation to school boarding premises to students' parents

31Registration of education and training organisations

32Faster action in exceptional circumstances

33Faster action in exceptional circumstances

34Section 4.9.4 substituted and new sections 4.9.4A and 4.9.4B inserted

35Definitions

36Application of Division in relation to work experience and structured workplace learning arrangements

37New section 5.4.2A inserted

38Work experience arrangements

39Orders about work experience arrangements

40Structured workplace learning arrangements

41Conditions of employment under work experience arrangements

42Conditions of employment under structured workplace learning arrangements

43Duty of care

44Arrangements for students from interstate

45Orders in Council

46Schedule 2—General provisions for authorities

47Schedule 4—State training and employment provisions

Part 3—Other amendments to the Education and Training Reform Act 2006

48Decision about registration

49Unregistered schools

50Person may not conduct an unregistered school boarding premises

51Notice to produce

52Injunctions

53Section 5.8.17 substituted

54Notice to comply

55Application to court

56Civil penalty

57Injunctions

58Offence to fail to comply with notice to comply

59Pending criminal or civil proceedings

60Official warnings

61Section 5.8.25 repealed

62Enforceable undertakings

63Copy of undertaking

64Authority may apply for Court order if undertaking breached

65Court may make adverse publicity order

66Authority may publish details of non-compliance

67Review by VCAT

Part 4—Repeal of this Act

68Repeal of this Act

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Endnotes

1      General information

Education and Training Reform Amendment Act 2025

No. 2 of 2025

[Assented to 11 February 2025]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The main purposes of this Act are to amend the Education and Training Reform Act 2006—

(a)in relation to the registration of education and training organisations; and

(b)in relation to the suspension and cancellation of registration of non-Government schools and non-government school boarding premises; and

(c)in relation to work experience arrangements and structured workplace learning arrangements; and

(d)to increase the penalty for the offences of carrying on or conducting an unregistered school and carrying on or conducting an unregistered school boarding premises; and

(e)in relation to the appointment, resignation, remuneration, fees and expenses of members of certain bodies under that Act; and

(f)in relation to regulatory and enforcement matters; and

(g)to make other minor and consequential amendments.

2Commencement

(1)This Act (other than Part 3) comes into operation on the day after the day on which this Act receives the Royal Assent.

(2)Subject to subsection (3), Part 3 comes into operation on a day or days to be proclaimed.

(3)If a provision of Part 3 does not come into operation before 1 October 2025, it comes into operation on that day.

3Principal Act

In this Act, the Education and Training Reform Act 2006 is called the Principal Act.

PART 2—AMENDMENT OF THE EDUCATION AND TRAINING REFORM ACT 2006

4Definitions

In section 1.1.3(1) of the Principal Act—

(a)insert the following definition—

"Victorian Catholic Education Authority means the Victorian Catholic Education Authority Limited ACN 119 459 853;";

(b)the definition of Catholic Education Commission is repealed.

5Work of a higher or lower class or grade

In section 2.4.27(2) of the Principal Act omit "working".

6Resignation and removal from office of pool members

In section 2.4.46(1) of the Principal Act, for "by sending to the Governor a signed letter of resignation" substitute "by written notice, signed by the member and given to the Minister".

7Resignation and removal from office

In section 2.4.75(1) of the Principal Act, for "by sending to the Governor a signed letter of resignation" substitute "by written notice, signed by the member and given to the Minister".

8Membership of Authority

In section 2.5.6(5) of the Principal Act, for "by delivering to the Governor in Council a signed letter of resignation" substitute "by written notice, signed by the member and given to the Minister".

9Notice of hearing

In section 2.5.15(a) and (b) of the Principal Act omit "working".

10Minister must consider certain persons for appointment as members of the Council

In section 2.6.6B(a)(iii) and (iv) of the Principal Act, for "Catholic Education Commission" substitute "Victorian Catholic Education Authority".

11Pool of approved persons who may sit on hearing panels

After section 2.6.35F(4) of the Principal Act insert—

"(5)A person approved for a pool under this section may resign from the pool by written notice, signed by the person and given to the Minister.".

12Resignation and removal

In section 2.6.62(1) of the Principal Act, for "by delivering to the Chairperson a signed letter of resignation" substitute "by written notice, signed by the member and given to the Minister".

13Board of the Academy

(1)In section 2.6A.7(3)(d) of the Principal Act, for "Catholic Education Commission" substitute "Victorian Catholic Education Authority".

(2)In section 2.6A.7(5) of the Principal Act, for "by delivering to the Governor in Council a signed letter of resignation" substitute "by written notice, signed by the member and given to the Minister".

14Payment of funding

In section 2.7.5 of the Principal Act, for "Catholic Education Commission" substitute "Victorian Catholic Education Authority".

15Membership

In section 2.7.11(1)(b) of the Principal Act, for "Catholic Education Commission" substitute "Victorian Catholic Education Authority".

16Membership of the Board

After section 3.3.10(2) of the Principal Act insert—

"(3)A member of the Board may resign from office by written notice, signed by the member and given to the Minister.".

17Section 3.3.34 substituted

For section 3.3.34 of the Principal Act substitute—

"3.3.34   Resignation and removal from office

(1)A member of the Board of AMES Australia may resign from office by written notice, signed by the member and given to the Minister.

(2)The Governor in Council may remove the chairperson of the Board of AMES Australia from office at any time.

(3)The Minister may remove a member of the Board of AMES Australia (other than the chairperson) from office at any time.".

18Content of statement of corporate intent

In section 3.3.34C(b)(v) of the Principal Act, for "governing board of the adult education institution" substitute "Board of AMES Australia".

19Membership of Authority

In section 4.2.4(3) of the Principal Act, for "by delivering to the Governor in Council a signed letter of resignation" substitute "by written notice, signed by the appointed member and given to the Minister".

20Interim condition may be imposed on school before review completed

In section 4.3.3E(4) of the Principal Act omit "business".

21Procedure after decision to take action in respect of school

In section 4.3.3G(3)(a) and (b) of the Principal Act omit "business".

22Action after review of a registered school

After section 4.3.4(2A) of the Principal Act insert—

"(3)The Authority must give a school written notice of—

(a)a determination made by the Authority to take an action in relation to the school under subsection (2); or

(b)a decision made by the Authority to substitute an action in relation to the school under subsection (2A).

(4)An action taken by the Authority in relation to a school under subsection (2) or (2A) takes effect—

(a)when a notice is given to the school under subsection (3); or

(b)on any later date specified in the notice.".

23Sections 4.3.4A and 4.3.4B substituted

For sections 4.3.4A and 4.3.4B of the Principal Act substitute—

"4.3.4A   Authority may suspend or cancel registration of non-Government school if school's sole or main proprietor is insolvent under administration or compulsorily wound up

(1)The Authority may suspend or cancel the registration of a non-Government school if—

(a)the school's sole or main proprietor is—

(i)a natural person who has become an insolvent under administration; or

(ii)a body corporate that has been compulsorily wound up or is subject to an order to be compulsorily wound up; and

(b)the Authority is satisfied that it is in the best interests of students enrolled at the school, or in the public interest, to suspend or cancel the school's registration.

(2)Before suspending or cancelling a school's registration under subsection (1), the Authority, by written notice given to the school, must—

(a)notify the school of—

(i)the action the Authority proposes to take; and

(ii)the reasons for taking that action; and

(iii)the time within which the school may make submissions under paragraph (b); and

(b)give the school an opportunity to make submissions to the Authority within the following time period to show cause why the proposed action should not be taken—

(i)in the case of a proposed suspension of registration, 3 days after being notified;

(ii)in the case of a proposed cancellation of registration, 7 days after being notified.

(3)The Authority must consider any submissions made by a non-Government school under subsection (2)(b).

(4)The Authority, on the application of a
non-Government school, may extend the period within which submissions may be made by the school under subsection (2)(b).

(5)If the Authority decides to suspend or cancel the registration of a school under subsection (1), the Authority must give the school written notice of the Authority's decision.

(6)A suspension or cancellation of a
non-Government school's registration under this section takes effect—

(a)when a notice is given to the school under subsection (5); or

(b)on any later date specified in the notice.

4.3.4BAuthority may cancel registration of
non-Government school that has ceased to operate

(1)The Authority may cancel the registration of a non-Government school if—

(a)the Authority—

(i)is satisfied that the school has ceased to operate as a school; or

(ii)has been notified by the school that the school will cease to operate as a school within 30 days after that notification; and

(b)the Authority is satisfied that it is in the best interests of students enrolled at the school, or in the public interest, to cancel the school's registration.

(2)If the Authority decides to cancel the registration of a school under subsection (1), the Authority must give the school written notice of the Authority's decision.

(3)A cancellation of a non-Government school's registration under this section takes effect—

(a)when a notice is given to the school under subsection (2); or

(b)on any later date specified in the notice.".

24General review of operation of registered school boarding premises by Authority

In section 4.3.8G(1) of the Principal Act omit "and section 4.3.8I".

25Specific review of operation of registered school boarding premises by Authority

In section 4.3.8H(1) of the Principal Act omit "and section 4.3.8I".

26Interim condition may be imposed on registered school boarding premises before review completed

In section 4.3.8N(4) of the Principal Act omit "business".

27Procedure after decision to take action in respect of registered school boarding premises

In section 4.3.8P(3)(a) and (b) of the Principal Act omit "business".

28Action after review of a registered school boarding premises

After section 4.3.8Q(3) of the Principal Act insert—

"(4)The Authority must give the provider of school boarding services at a registered school boarding premises written notice of—

(a)a determination made by the Authority to take an action in relation to the premises or the provider under subsection (2); or

(b)a decision made by the Authority to substitute an action in relation to the premises or the provider under subsection (3).

(5)An action taken by the Authority in relation to a registered school boarding premises or the provider of school boarding services at the premises under subsection (2) or (3) takes effect—

(a)when a notice is given to the provider under subsection (4); or

(b)on any later date specified in the notice.".

29Sections 4.3.8R and 4.3.8S substituted

For sections 4.3.8R and 4.3.8S of the Principal Act substitute—

"4.3.8R   Authority may suspend or cancel registration of non-government school boarding premises if provider is insolvent under administration or compulsorily wound up

(1)The Authority may suspend or cancel the registration of a non-government school boarding premises if—

(a)the provider of school boarding services at the premises is—

(i)a natural person who has become an insolvent under administration; or

(ii)a body corporate that has been compulsorily wound up or is subject to an order to be compulsorily wound up; and

(b)the Authority is satisfied that it is in the best interests of students boarding at the premises, or in the public interest, to suspend or cancel the registration of the premises.

(2)Before suspending or cancelling the registration of a school boarding premises under subsection (1), by written notice given to the provider of school boarding services at the premises, the Authority must—

(a)notify the provider of—

(i)the action the Authority proposes to take; and

(ii)the reasons for taking that action; and

(iii)the time within which the provider may make submissions under paragraph (b); and

(b)give the provider an opportunity to make submissions to the Authority within the following time period to show cause why the proposed action should not be taken—

(i)in the case of a proposed suspension of registration, 3 days after being notified;

(ii)in the case of a proposed cancellation of registration, 7 days after being notified.

(3)The Authority must consider any submissions made by the provider of school boarding services at the premises under subsection (2)(b).

(4)The Authority, on the application of the provider of school boarding services at the premises, may extend the period within which submissions may be made by the provider under subsection (2)(b).

(5)If the Authority decides to suspend or cancel the registration of a school boarding premises under subsection (1), the Authority must give the provider of school boarding services at the premises written notice of the Authority's decision.

(6)A suspension or cancellation of the registration of a non-government school boarding premises under this section takes effect—

(a)when a notice is given to the provider of school boarding services at the premises under subsection (5); or

(b)on any later date specified in the notice.

4.3.8SAuthority may cancel registration of non‑government school boarding premises that has ceased to operate

(1)The Authority may cancel the registration of a non-government school boarding premises if—

(a)the Authority—

(i)is satisfied that the premises has ceased to operate as a school boarding premises; or

(ii)has been notified by the provider of school boarding services at the premises that the premises will cease to operate as a school boarding premises within 30 days after that notification; and

(b)the Authority is satisfied that it is in the best interests of students accepted to board at the premises, or in the public interest, to cancel the registration of the premises.

(2)If the Authority decides to cancel the registration of a school boarding premises under subsection (1), the Authority must give the provider of school boarding services at the premises written notice of the Authority's decision.

(3)A cancellation of the registration of a non‑government school boarding premises under this section takes effect—

(a)when a notice is given to the provider of school boarding services at the premises under subsection (2); or

(b)on any later date specified in the notice.".

30Provider of school boarding services must give notice of action taken in relation to school boarding premises to students' parents

In section 4.3.8T of the Principal Act, for "section 4.3.8S(1)" substitute "section 4.3.8Q(4), 4.3.8R(5) or 4.3.8S(2)".

31Registration of education and training organisations

After section 4.3.10(7) of the Principal Act insert—

"(8)The Authority may impose any conditions on a registration under this Division that the Authority considers appropriate.".

32Faster action in exceptional circumstances

In section 4.3.21A(3) of the Principal Act omit "working".

33Faster action in exceptional circumstances

In section 4.5.5(2) of the Principal Act omit "working".

34Section 4.9.4 substituted and new sections 4.9.4A and 4.9.4B inserted

For section 4.9.4 of the Principal Act substitute—

"4.9.4   Authority may disclose information

(1)The Authority may disclose to a specified person or body any information held by the Authority that relates to the performance of the functions of the specified person or body.

(2)In this section—

specified person or body means—

(a)the Secretary; or

(b)the Secretary to another Department within the meaning of the Public Administration Act 2004; or

(c)a public sector body within the meaning of the Public Administration Act 2004; or

(d)a municipal council; or

(e)a body equivalent to the Authority in another jurisdiction that is responsible for the registration of training organisations for the purposes of vocational education and training; or

(f)a body equivalent to the Authority in another jurisdiction that is responsible for the registration of schools; or

(g)a department of the Commonwealth or another State or Territory; or

(h)an agency of the Commonwealth.

4.9.4AAuthority may request information to determine compliance with prescribed minimum standards

(1)The Authority, by written notice given to a specified person or body, may request that the specified person or body provide to the Authority any information that may assist the Authority to determine whether—

(a)a school is complying with the prescribed minimum standards for registration of schools; or

(b)a school boarding premises or the provider of school boarding services at the premises is complying with the prescribed minimum standards for registration of school boarding premises.

(2)A specified person or body may disclose information to the Authority for the purposes of this section.

(3)In this section—

specified person or body means—

(a)the Secretary; or

(b)the Secretary to another Department within the meaning of the Public Administration Act 2004; or

(c)a public sector body within the meaning of the Public Administration Act 2004; or

(d)a municipal council; or

(e)a body equivalent to the Authority in another jurisdiction that is responsible for the registration of training organisations for the purposes of vocational education and training; or

(f)a body equivalent to the Authority in another jurisdiction that is responsible for the registration of schools; or

(g)a department of the Commonwealth or another State or Territory; or

(h)an agency of the Commonwealth.

4.9.4BSecretary may disclose information

The Secretary may disclose any information held by the Secretary that relates to a breach of, or failure to comply with, a government training contract by an RTO, to—

(a)the Authority; or

(b)a department of the Commonwealth; or

(c)a body equivalent to the Authority in another jurisdiction that is responsible for the registration of training organisations for the purposes of vocational education and training.".

35Definitions

In section 5.4.1 of the Principal Act insert the following definition—

"nominated person means—

(a)in the case of a work experience arrangement—a person or a member of a class of persons nominated under section 5.4.2A(a); or

(b)in the case of a structured workplace learning arrangement—a person or a member of a class of persons nominated under section 5.4.2A(b);".

36Application of Division in relation to work experience and structured workplace learning arrangements

(1)For section 5.4.2(1)(c) of the Principal Act substitute—

"(c)the TAFE institute or the person or body registered under section 4.3.10 (as the case may be) were a registered school; and

(ca)the student were a student at the school; and".

(2)For section 5.4.2(2)(a) of the Principal Act substitute—

"(a)the person or body registered under section 4.3.10 were a registered school; and

(ab)the student were a student at the school; and".

37New section 5.4.2A inserted

After section 5.4.2 of the Principal Act insert—

"5.4.2A   Nominated persons

In accordance with any Ministerial Order, the principal of a school may nominate a person or class of persons employed at the school to make—

(a)a work experience arrangement; or

(b)a structured workplace learning arrangement.".

38Work experience arrangements

(1)In section 5.4.3(1) of the Principal Act, for "the school" substitute "the school or a nominated person of the school".

(2)In section 5.4.3(2) of the Principal Act—

(a)for "A work experience arrangement may be made under subsection (1) in respect of a child only if the principal" substitute "The principal of the school or a nominated person of the school may make a work experience arrangement in respect of a student who is a child if the principal or the nominated person of the school (as the case may be)";

(b)in paragraphs (a), (b) and (c), for "child" substitute "student".

(3)In section 5.4.3(3)(b) of the Principal Act, after "principal" insert "of the school or a nominated person of the school (as the case may be)".

39Orders about work experience arrangements

(1)In section 5.4.4(2)(e) of the Principal Act, after "school" insert "or a nominated person of the school".

(2)For section 5.4.4(2)(f), (g) and (h) of the Principal Act substitute—

"(f)a requirement that the principal of a school or a nominated person of the school conduct a national criminal history check in relation to the following persons before a work experience arrangement is made in relation to a student—

(i)the employer;

(ii)any other person who will have direct supervision or control of the student during the student's work experience;

(g)a requirement that students undertake occupational health and safety training before undertaking work experience;

(h)a requirement that the principal of a school or a nominated person of the school ensure that a student undertaking work experience is contacted by a person employed at the school at least once during the student's work experience.".

40Structured workplace learning arrangements

(1)For section 5.4.5(1) and (2) of the Principal Act substitute—

"(1)A student of a school who is of or over the age of 15 years and undertaking a course of study accredited by the Authority may be placed with an employer for training as part of that course of study if—

(a)the following persons have made an arrangement about the student's placement—

(i)the principal of the school or a nominated person of the school;

(ii)the employer;

(iii)the student;

(iv)if the student is under the age of 18 years, the parent of the student; and

(b)the arrangement does not involve the placement of the student at a skills or training centre that is not operated by, or under the direct control of, the employer.".

(2)In section 5.4.5(3)(b) of the Principal Act, after "school" insert "or a nominated person of the school (as the case may be)".

41Conditions of employment under work experience arrangements

In section 5.4.7 of the Principal Act—

(a)in subsection (1)(b), before "may" insert "or a nominated person of the school";

(b)in subsection (2)(b)(i) and (ii), after "school" insert "or a nominated person of the school";

(c)in subsection (3), after "school" insert "or a nominated person of the school".

42Conditions of employment under structured workplace learning arrangements

In section 5.4.8(1)(c)(i) of the Principal Act, after "school" insert "or a nominated person of the school".

43Duty of care

(1)After section 5.4.10(1) of the Principal Act insert—

"(1A)A nominated person of a school does not have and is not to be deemed to have a duty relating to the care or control of a student of the school while that student is employed under a work experience arrangement or a structured workplace learning arrangement.".

(2)In section 5.4.10(2) of the Principal Act—

(a)for "a school or the principal or a teacher of a school" substitute "a school, the principal, a teacher of a school or a nominated person of a school";

(b)for "subsection (1)" substitute "subsection (1) or (1A)".

44Arrangements for students from interstate

(1)In section 5.4.12(1) of the Principal Act, for "The" substitute "Subject to subsection (1A), the".

(2)After section 5.4.12(1) of the Principal Act insert—

"(1A)The principal of a school lawfully conducted in a reciprocating State or Territory may nominate a person or class of persons employed at the school to make—

(a)a work experience arrangement under subsection (1)(a); or

(b)a structured workplace learning arrangement under subsection (1)(b).".

(3)For section 5.4.12(2) of the Principal Act substitute—

"(2)The provisions of this Division apply to—

(a)a school lawfully conducted in a reciprocating State or Territory at which an arrangement is made under subsection (1) as if the school were a registered school in Victoria; and

(b)a student in respect of whom an arrangement is made under subsection (1) as if the student were a student at a registered school in Victoria; and

(c)a teacher at a school lawfully conducted in a reciprocating State or Territory at which an arrangement is made under subsection (1) as if the teacher were a teacher at a registered school in Victoria; and

(d)the principal of a school lawfully conducted in a reciprocating State or Territory who makes an arrangement under subsection (1) as if the principal were the principal of a registered school in Victoria; and

(e)a person nominated under subsection (1A)(a) to make a work experience arrangement as if the person was nominated under section 5.4.2A(a); and

(f)a person nominated under subsection (1A)(b) to make a structured workplace learning arrangement as if the person was nominated under section 5.4.2A(b).".

(4)Section 5.4.12(4) of the Principal Act is repealed.

45Orders in Council

After section 5.10.3(2) of the Principal Act insert—

"(3)Subsection (2) does not apply to any Order in Council made under section 2.4.45A(1) or (2), 2.4.73(2), 2.5.6(1)(b) or (2), 2.6.6(3)(a) or (5), 2.6.6C, 2.6.35F(1) or (4), 2.6A.7(3), 3.3.10(1), 3.3.33(1)(a) or 4.2.4(1) or (4).".

46Schedule 2—General provisions for authorities

(1)In clause 3(1) of Schedule 2 to the Principal Act, for "receive the remuneration and fees that are fixed in the member's instrument of appointment or are fixed from time to time by the Governor in Council for that member" substitute "be paid any remuneration and fees that are fixed from time to time by the Minister".

(2)In clause 3(2) of Schedule 2 to the Principal Act, for "receive the personal and travelling expenses that are fixed in the member's instrument of appointment or are fixed from time to time by the Governor in Council" substitute "be paid any personal and travelling expenses that are fixed from time to time by the Minister".

47Schedule 4—State training and employment provisions

In clause 5(1)(b) of Schedule 4 to the Principal Act omit "working".

PART 3—OTHER AMENDMENTS TO THE EDUCATION AND TRAINING REFORM ACT 2006

48Decision about registration

In section 4.3.16(2A)(f) of the Principal Act omit ", if the applicant is a relevant entity for which the Authority is an integrated sector regulator".

49Unregistered schools

For the penalty at the foot of section 4.7.1 of the Principal Act substitute—

"Penalty:In the case of a natural person, 120 penalty units;

In the case of a body corporate, 600 penalty units.".

50Person may not conduct an unregistered school boarding premises

For the penalty at the foot of section 4.7.1A of the Principal Act substitute—

"Penalty:In the case of a natural person, 120 penalty units;

In the case of a body corporate, 600 penalty units.".

51Notice to produce

(1)In section 5.8.10(1)(e) of the Principal Act, for "section 4.5A.2 or 4.5A.6." substitute "section 4.5A.2 or 4.5A.6; or".

(2)After section 5.8.10(1)(e) of the Principal Act insert—

"(f)to determine whether a person is carrying on or conducting a school that is required to be registered under Division 1 of Part 4.3; or

(g)to determine whether a person is carrying on or conducting a school boarding premises that is required to be registered under Division 1A of Part 4.3; or

(h)to determine whether a person, body or school is required to be registered on the State Register as being authorised to provide, award, confer or issue a senior secondary course, a registered senior secondary qualification, an accredited foundation secondary course or a registered foundation secondary qualification under Division 3 of Part 4.3; or

(i)to determine whether a person or body is required to be registered on the National Register as an education and training organisation under Division 4 of Part 4.3; or

(j)to determine whether a person or body is required to be approved to provide a specified course to students from overseas under Part 4.5; or

(k)to determine whether a person, body or school is required to be approved to operate a student exchange program under Part 4.5A.".

(3)In section 5.8.10(2) of the Principal Act—

(a)in paragraph (d), for "information." substitute "information;";

(b)after paragraph (d) insert—

"(e)if the document or information is required for the purposes of a determination relating to whether a person or body specified in subsection (1)(f), (g), (h), (i), (j) or (k) is required to be registered or approved under this Act, that person or body.".

(4)In section 5.8.10(3) of the Principal Act—

(a)in paragraph (b)(ii), for "the Child" substitute "if subsection (1)(a), (b), (c), (d) or (e) applies, the Child";

(b)after paragraph (b)(iii) insert—

"(iiia)if subsection (1)(f), (g), (h), (i), (j) or (k) applies, the type of registration or approval under the Act that is the subject of the proposed determination;".

52Injunctions

In section 5.8.13(1) of the Principal Act—

(a)for "that a person, body or school" substitute "that a person or body";

(b)in paragraph (a), after "issued" insert "to the person or body".

53Section 5.8.17 substituted

For section 5.8.17 of the Principal Act substitute—

"5.8.17   Definitions

In this Division—

relevant entity means a relevant entity for which the Authority is an integrated sector regulator that is—

(a)registered under Division 1, 1A, 3 or 4 of Part 4.3; or

(b)approved under Part 4.5 or 4.5A.".

54Notice to comply

(1)In section 5.8.18(1) of the Principal Act omit "to which this Division applies".

(2)After section 5.8.18(1) of the Principal Act insert—

"(1A)The Authority may give a notice to comply to a person or body if the Authority reasonably believes that the person or body—

(a)is carrying on or conducting a school that is not registered under Division 1 of Part 4.3; or

(b)is carrying on or conducting a school boarding premises that is not registered under Division 1A of Part 4.3; or

(c)is providing, awarding, conferring or issuing a senior secondary course, a registered senior secondary qualification, an accredited foundation secondary course or a registered foundation secondary qualification without being registered on the State Register as being authorised to provide, award, confer or issue that qualification or course under Division 3 of Part 4.3; or

(d)is offering education and training without being registered on the National Register as an education and training organisation under Division 4 of Part 4.3; or

(e)is providing a specified course to students from overseas without being approved to provide that course under Part 4.5; or

(f)is operating a student exchange program without being approved to operate that program under Part 4.5A.".

(3)In section 5.8.18(2) of the Principal Act—

(a)in paragraph (b)(ii), for "the Child" substitute "if subsection (1) applies, the Child";

(b)after paragraph (b)(ii) insert—

"(iia)if subsection (1A) applies, the requirement that the Authority reasonably believes the person or body to whom the notice is issued has contravened and the grounds for that belief;";

(c)in paragraph (b)(iii) and (iv)—

(i)for "relevant entity" substitute "person or body to whom the notice is issued";

(ii)for "notice to comply" substitute "notice";

(d)in paragraphs (b)(v) and (c), for "relevant entity" substitute "person or body to whom the notice is issued".

(4)For section 5.8.18(4) of the Principal Act substitute—

"(4)The Authority, by written notice given to a person or body to whom a notice to comply is issued, may vary or revoke the notice.".

(5)In section 5.8.18(5) of the Principal Act, in paragraph (a) of the definition of exceptional circumstances, for "because" substitute "if subsection (1) applies, because".

55Application to court

(1)In section 5.8.19(1) of the Principal Act, for "relevant entity" (wherever occurring) substitute "person or body".

(2)For section 5.8.19(2) of the Principal Act substitute—

"(2)If a declaration is sought in relation to a relevant entity's failure to comply with a notice to comply issued under section 5.8.18(1), the Court may make the declaration if the Court is satisfied that—

(a)the relevant entity is an entity that is required to comply with the Child Safe Standards or a registration requirement under this Act; and

(b)the relevant entity has failed to comply with the notice; and

(c)the failure to comply was unreasonable.

(3)If a declaration is sought in relation to a person or body's failure to comply with a notice to comply issued under section 5.8.18(1A), the Court may make the declaration if the Court is satisfied that—

(a)the person or body is engaging in conduct in respect of which the person or body is required to be registered under Division 1, 1A, 3 or 4 of Part 4.3 or approved under Part 4.5 or 4.5A; and

(b)the person or body has failed to comply with the notice to comply; and

(c)the failure to comply was unreasonable.".

56Civil penalty

(1)In section 5.8.20(1) of the Principal Act—

(a)for "section 5.8.19(2) that a relevant entity" substitute "section 5.8.19(2) or (3) that a person or body";

(b)for "relevant entity to pay" substitute "person or body to pay".

(2)In section 5.8.20(2) of the Principal Act—

(a)in paragraph (a), for "relevant entity" (where twice occurring) substitute "person or body";

(b)in paragraphs (b) and (c), for "relevant entity" substitute "person or body".

57Injunctions

(1)In section 5.8.21(1) of the Principal Act—

(a)omit "for which the Authority is an integrated sector regulator";

(b)in paragraph (a), for "issued under section 5.8.18" substitute "issued to the relevant entity under section 5.8.18(1)".

(2)After section 5.8.21(1) of the Principal Act insert—

"(1A)On an application by the Authority, a Court may grant an injunction, in the terms the Court considers appropriate, if the Court is satisfied that a person or body—

(a)has failed to comply with a notice to comply issued to the person or body under section 5.8.18(1A); or

(b)is engaging in conduct in respect of which the person or body is required to be registered under Division 1, 1A, 3 or 4 of Part 4.3 or approved under Part 4.5 or 4.5A and the person or body is not registered under Division 1, 1A, 3 or 4 of Part 4.3 or approved under Part 4.5 or 4.5A to engage in that conduct.".

(3)In section 5.8.21(2) of the Principal Act, for "subsection (1)" substitute "subsection (1) or (1A)".

(4)In section 5.8.21(3) of the Principal Act—

(a)for "subsection (1)" substitute "this section";

(b)in paragraph (a), for "the relevant" substitute "if subsection (1) applies, the relevant";

(c)after paragraph (a) insert—

"(ab)if subsection (1A) applies, the person or body is likely to fail to comply with the notice to comply in the future; or".

58Offence to fail to comply with notice to comply

(1)For section 5.8.22(1) of the Principal Act substitute—

"(1)A person or body to whom a notice to comply is issued under section 5.8.18(1) or (1A) must not fail to comply with the notice without reasonable excuse.

Penalty:In the case of a body corporate, 120 penalty units;

In any other case, 60 penalty units.".

(2)In section 5.8.22(2) of the Principal Act—

(a)for "relevant entity to refuse or fail to comply with a notice to comply issued under 5.8.18 if the relevant entity" substitute "person or body to whom a notice to comply is issued under section 5.8.18(1) or (1A) to refuse or fail to comply with the notice if the person or body";

(b)in paragraphs (a) and (b), for "relevant entity" substitute "person or body".

(3)In section 5.8.22(3) of the Principal Act, for "section 5.8.18" substitute "section 5.8.18(1) or (1A)".

59Pending criminal or civil proceedings

In section 5.8.23(3) of the Principal Act, for "relevant entity" (wherever occurring) substitute "person or body".

60Official warnings

In section 5.8.24(2)(a)(i) of the Principal Act, for "section 5.8.18" substitute "section 5.8.18(1) or (1A)".

61Section 5.8.25 repealed

Section 5.8.25 of the Principal Act is repealed.

62Enforceable undertakings

(1)In section 5.8.26(1) of the Principal Act—

(a)for "from a relevant entity for which it is an integrated sector regulator in connection with" substitute "given by a person, body or school that is registered under Division 3 of Part 4.3 or approved under Part 4.5 or 4.5A in connection with any matter in relation to which the Authority has a power or function under this Act including";

(b)in paragraph (a), for "section 5.8.18" substitute "section 5.8.18(1) or (1A)";

(c)in paragraphs (b) and (c), for "relevant entity" substitute "person, body or school";

(d)in paragraph (d), for "section 5.8.18" substitute "section 5.8.18(1) or (1A)";

(e)in paragraphs (e) and (f), for "relevant entity" substitute "person, body or school".

(2)At the foot of section 5.8.26(1) of the Principal Act insert—

"Note

See section 4.3.3A in relation to undertakings given by registered schools.

See section 4.3.8J in relation to undertakings given by providers of school boarding services.

See section 5.8.3V in relation to undertakings given by RTOs.".

(3)In section 5.8.26(2) of the Principal Act, for "For the avoidance of doubt, a relevant entity" substitute "A non-Government school".

(4)In section 5.8.26(4) of the Principal Act—

(a)for "A relevant entity" substitute "A person, body or school";

(b)after "undertaking" insert "given by the person, body or school";

(c)for "the relevant entity" substitute "the person, body or school".

63Copy of undertaking

In section 5.8.27 of the Principal Act, for "relevant entity" substitute "person, body or school".

64Authority may apply for Court order if undertaking breached

In section 5.8.29 of the Principal Act, for "relevant entity" (wherever occurring) substitute "person, body or school".

65Court may make adverse publicity order

(1)In section 5.8.30(1) of the Principal Act—

(a)in paragraph (a), for "relevant entity for which the Authority is an integrated sector regulator" substitute "person or body to whom a notice to produce or a notice to comply is issued";

(b)in paragraph (b), for "the relevant entity" substitute "the person or body".

(2)In section 5.8.30(2) and (3)(a) of the Principal Act, for "relevant entity" substitute "person or body".

66Authority may publish details of non-compliance

(1)In section 5.8.31(1) of the Principal Act—

(a)in paragraph (a), for "relevant entity for which the Authority is an integrated sector regulator" substitute "person or body to whom a notice to produce or a notice to comply is issued";

(b)in paragraph (b), for "the relevant entity" substitute "the person or body".

(2)In section 5.8.31(2)(a) of the Principal Act, for "relevant entity" (wherever occurring) substitute "person or body".

(3)In section 5.8.31(3) of the Principal Act—

(a)for "relevant entity" (wherever occurring) substitute "person or body";

(b)in paragraph (d), for "relevant entity's" substitute "person or body's".

(4)In section 5.8.31(4) of the Principal Act, for "relevant entity" substitute "person or body".

67Review by VCAT

In section 5.8.32(1)(a) of the Principal Act, for "section 5.8.18" substitute "section 5.8.18(1) or (1A)".

PART 4—REPEAL OF THIS ACT

68Repeal of this Act

This Act is repealed on 1 October 2026.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

 

Minister's second reading speech—

Legislative Assembly: 16 October 2024

Legislative Council: 31 October 2024

The long title for the Bill for this Act was "A Bill for an Act to amend the Education and Training Reform Act 2006 in relation to regulatory and enforcement matters and for other purposes. "