Education and Training Reform Amendment (Land Powers) Act 2023 (Vic)
Education and Training Reform Amendment (Land Powers) Act 2023
No. 29 of 2023
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purpose
2Commencement
3Principal Act
Part 2—Amendment of the Education and Training Reform Act 2006
4Purpose
5Definitions
6Principles underlying the enactment and amendment of this Act
7New section 1.2.2A inserted
8Principles not to give rise to civil cause of action
9Definitions in Part 2.3
10Consequential amendment of section 2.3.3—Minister entitled to act if no school council
11Consequential amendment of section 2.3.5—Functions of a school council
12Consequential amendment of section 2.3.12—School council may carry out works
13Consequential amendment of heading of Division 6 of Part 2.3—Preschool programs
14Consequential amendment of section 2.3.19—Application of Division
15Consequential amendment of section 2.3.20—School councils may provide for preschool programs
16Consequential amendment of section 2.3.21—Council may grant lease or licence over preschool land
17Consequential amendment of section 2.3.22—Fees for preschool programs
18Consequential amendment of section 2.3.23—Application of, and accounting for, money received
19Minister's powers to acquire land
20Section 5.2.4 substituted
21Consequential amendment of definition of section 5.6.1—Definitions
22New section 6.1.62 inserted
Part 3—Repeal of this Act
23Repeal of this Act
═════════════
Endnotes
1 General information
Education and Training Reform Amendment (Land Powers) Act 2023
No. 29 of 2023
[Assented to 24 October 2023]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purpose
The purpose of this Act is to amend the Education and Training Reform Act 2006—
(a)to make further provision for the acquisition, use and development of land for the purpose of early childhood education and care and for the purpose of services associated with early childhood education and care; and
(b)to provide for minor and related matters.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 January 2024, 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
4Purpose
(1)After section 1.1.1(2)(h) of the Principal Act insert—
"(ha)the acquisition, use and development of land required for the purposes of this Act;".
(2)After section 1.1.1(2) of the Principal Act insert—
"(3)In further particular, this Act makes provision for or with respect to certain aspects of the provision of—
(a)early childhood education and care; and
(b)services associated with early childhood education and care.".
5Definitions
(1)In section 1.1.3(1) of the Principal Act, insert the following definitions—
"early childhood education and care means education and care provided by an education and care service, other than the following—
(a)education and care provided by a family day care service;
(b)education and care provided by any other prescribed education and care service or prescribed class of education and care service;
education and care service has the same meaning as in the Education and Care Services National Law (Victoria);
family day care service has the same meaning as in the Education and Care Services National Law (Victoria);
service associated with early childhood education and care means a service—
(a)that is—
(i)provided to or in respect of children under compulsory school age; or
(ii)provided to benefit the community; and
(b)that is provided on the same premises as or nearby to a premises where a service providing early childhood education and care is provided;".
(2)In section 1.1.3(1) of the Principal Act, in paragraph (a) of the definition of early childhood service omit "within the meaning of the Education and Care Services National Law (Victoria)".
6Principles underlying the enactment and amendment of this Act
(1)In the heading to section 1.2.1 of the Principal Act, after "the enactment" insert "and amendment".
(2)In section 1.2.1 of the Principal Act—
(a)after "in enacting" insert "and amending";
(b)after paragraph (b) insert—
"(ba)access to education during early childhood is important for the wellbeing of children and their families;
(bb)all Victorians, irrespective of where they live or their social and economic status, should have access to education during early childhood;".
7New section 1.2.2A inserted
After section 1.2.2 of the Principal Act insert—
"1.2.2A Principle underlying State support of the provision of early childhood education
The State will support the provision of early childhood education in areas where there is or will be insufficient provision of early childhood education.".
8Principles not to give rise to civil cause of action
In section 1.2.3 of the Principal Act, for "or 1.2.2" substitute ", 1.2.2 or 1.2.2A".
9Definitions in Part 2.3
In section 2.3.1 of the Principal Act—
(a)insert the following definition—
"kindergarten program means an educational program delivered by a registered early childhood teacher as part of an education and care service to any child who is of or over the age of 3 years and under the age of 6 years in the year that the child takes part in the program;";
(b)the definition of preschool program is repealed.
10Consequential amendment of section 2.3.3—Minister entitled to act if no school council
In section 2.3.3 of the Principal Act, for "preschool program" substitute "kindergarten program".
11Consequential amendment of section 2.3.5—Functions of a school council
In section 2.3.5(b) of the Principal Act, for "preschool programs" substitute "kindergarten programs".
12Consequential amendment of section 2.3.12—School council may carry out works
In section 2.3.12(1)(c) of the Principal Act, for "preschool programs" substitute "kindergarten programs".
13Consequential amendment of heading of Division 6 of Part 2.3—Preschool programs
In the heading to Division 6 of Part 2.3 of the Principal Act, for "Preschool programs" substitute "Kindergarten programs".
14Consequential amendment of section 2.3.19—Application of Division
In section 2.3.19(1) of the Principal Act—
(a)for "preschool program" substitute "kindergarten program";
(b)for "preschool children" substitute "kindergarten children".
15Consequential amendment of section 2.3.20—School councils may provide for preschool programs
(1)In the heading to section 2.3.20 of the Principal Act, for "preschool programs" substitute "kindergarten programs".
(2)In section 2.3.20(1)(a) of the Principal Act, for "preschool programs" substitute "kindergarten programs".
(3)In section 2.3.20(1)(b) and (c) and (2) of the Principal Act, for "preschool program" (wherever occurring) substitute "kindergarten program".
(4)In section 2.3.20(2) of the Principal Act, for "preschool children" substitute "kindergarten children".
16Consequential amendment of section 2.3.21—Council may grant lease or licence over preschool land
(1)In the heading to section 2.3.21 of the Principal Act, for "preschool" substitute "kindergarten".
(2)In section 2.3.21(1) of the Principal Act, for "preschool program" substitute "kindergarten program".
17Consequential amendment of section 2.3.22—Fees for preschool programs
(1)In the heading to section 2.3.22 of the Principal Act, for "preschool programs" substitute "kindergarten programs".
(2)In section 2.3.22 of the Principal Act, for "preschool programs" substitute "kindergarten programs".
18Consequential amendment of section 2.3.23—Application of, and accounting for, money received
In section 2.3.23 of the Principal Act, for "preschool programs" (wherever occurring) substitute "kindergarten programs".
19Minister's powers to acquire land
For section 5.2.3(2) of the Principal Act substitute—
"(2)Despite subsection (1), the Minister must not compulsorily acquire land for the purposes of the provision of a service associated with early childhood education and care unless the Minister is also compulsorily acquiring the land for the purposes of the provision of early childhood education and care.".
20Section 5.2.4 substituted
For section 5.2.4 of the Principal Act substitute—
"5.2.4 Powers of the Minister as to leases and other arrangements relating to land
(1)The Minister, for and on behalf of the Crown, may—
(a)take on lease or under any other arrangement any land or premises required for a relevant purpose; or
(b)grant or enter into any lease of or enter into any other arrangement for any land or premises required for a relevant purpose.
(2)In this section—
relevant purpose means any one or more of the following purposes—
(a)the purpose of providing education or training; or
(b)the purpose of providing a direct or indirect benefit to education or training; or
(c)the purpose of providing early childhood education and care; or
(d)the purpose of providing a direct or indirect benefit to early childhood education and care; or
(e)the purpose of providing services associated with early childhood education and care; or
(f)the purpose of providing a direct or indirect benefit to services associated with early childhood education and care.".
21Consequential amendment of definition of section 5.6.1—Definitions
In section 5.6.1(1) of the Principal Act, in paragraph (c) of the definition of school work, for "preschool program" substitute "kindergarten program".
22New section 6.1.62 inserted
After section 6.1.61 of the Principal Act insert—
"6.1.62 Transitional provision—Education and Training Reform Amendment (Land Powers) Act 2023—references to preschool program
On and after the commencement of section 9 of the Education and Training Reform Amendment (Land Powers) Act 2023, a program that was, immediately before that commencement, a preschool program as defined in section 2.3.1 as in force immediately before that commencement, is taken to be a kindergarten program as defined in section 2.3.1.".
PART 3—REPEAL OF THIS ACT
23Repeal of this Act
This Act is repealed on 1 January 2025.
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).
═════════════
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: 30 August 2023
Legislative Council: 5 October 2023
The long title for the Bill for this Act was "A Bill for an Act to amend the Education and Training Reform Act 2006 to make further provision for the acquisition, use and development of land for the purpose of early childhood education and care and for the purpose of services associated with early childhood education and care and for other purposes."
0
0
0