Education and Training Reform Amendment (Miscellaneous) Act 2021 (Vic)

Education and Training Reform Amendment (Miscellaneous) Act 2021

No. 10 of 2021

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Principal Act

Part 2—Victorian Institute of Teaching amendments

Division 1—Definitions

4Definitions

Division 2—Initial teacher education programs, pathway programs and continuing education programs

5Functions of Institute

6Section 2.6.5 substituted

7New Divisions 2A, 2B and 2C inserted in Part 2.6

8Qualification for registration as a teacher

9Accreditation Committee

Division 3—Registration

10Provisional registration—teachers

11Provisional registration as an early childhood teacher

12Duration and renewal of registration

13Notice of intention to refuse or renew registration under grounds relating to a category A offence or a category B offence

14Entitlement of applicant to make submissions

15New sections 2.6.18A, 2.6.18B, 2.6.18C and 2.6.18D inserted

16Refusal to renew registration

17Provision of information by teachers

Division 4—Collection and disclosure of information

18Disclosure and collection of information

Division 5—Investigation process

19Heading to Division 8 substituted

20Revocation of interim suspension

21Heading to Division 9 substituted

22Heading to section 2.6.29 amended

23Request for conditions on or suspension of registration

24Division 10 substituted and new Division 10A inserted

25Heading to Division 11 substituted

26Sections 2.6.33 to 2.6.33B substituted

27Powers of investigator

28Investigation to be conducted expeditiously

29Outcome of investigation

30Heading to Division 13 substituted

31Section 2.6.47 amended

32Enforcement of determination

33Effect of suspension of registration

Division 6—Power to delegate

34Delegation

Division 7—Minister's powers

35Ministerial advice

36Minister's general powers

Division 8—Transitional provisions

37New sections 6.1.45 to 6.1.51 inserted

Part 3—Repeal of this Act

38Repeal of this Act

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Endnotes

1      General information

Education and Training Reform Amendment (Miscellaneous) Act 2021

No. 10 of 2021

[Assented to 23 March 2021]

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)to further provide for the duties, functions and powers of the Victorian Institute of Teaching in relation to the approval of a program or course of study that leads to qualifying as a teacher including—

(i)the renewal or variation of, and imposition of conditions on, any approval of an initial teacher education program; and

(ii)the recommendation of requirements, criteria or standards for approval of an initial teacher education program to the Minister; and

(iii)monitoring the compliance of a provider of any initial teacher education program with any standard set in relation to, and condition imposed on, any approval of the program; and

(iv)setting requirements, criteria or standards for, and approving, any course or program that offers a pathway to an initial teacher education program or that meets continuing education requirements for teachers and early childhood teachers; and

(b)to amend the process for investigating the conduct, competence and fitness to teach of teachers and early childhood teachers, including to provide for the Victorian Institute of Teaching to conduct preliminary assessments of matters; and

(c)to make amendments in relation to teacher registration, including in relation to the length of time a teacher may be provisionally registered and to provide for reinstatement of registration in some circumstances; and

(d)to further provide for the disclosure and collection of information; and

(e)to increase the scope of the delegation powers of the Victorian Institute of Teaching; and

(f)to amend the Minister's powers to issue policies, guidelines or directions to the Victorian Institute of Teaching; and

(g)to make consequential and other minor amendments to that Act.

2Commencement

(1)This Part, section 4(2), Divisions 4, 6, 7 and 8 of Part 2 and Part 3 come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)If a provision of this Act does not come into operation before the first anniversary of the day on which this Act receives the Royal Assent, 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—Victorian Institute of Teaching amendments

Division 1—Definitions

4Definitions

(1)In section 2.6.1 of the Principal Act insert the following definitions—

"continuing education program means a program, unit or course of study providing for the continuing education of teachers or early childhood teachers;

equivalent pathway program means a program or course of study that offers to provide a pathway to entry into a program or course of study leading to qualifications for entry to teaching as a teacher;

initial teacher education program means a program or course of study—

(a)leading to qualifications for entry to teaching as a teacher; and

(b)that is approved by the Institute under Division 2A as an initial teacher education program;

pathway program means a program or course of study—

(a)offering to provide a pathway to entry into an initial teacher education program; and

(b)identified or marketed as offering a pathway specified in paragraph (a); and

(c)approved by the Institute under Division 2B as a pathway program;".

(2)In section 2.6.1 of the Principal Act insert the following definitions—

"health information has the same meaning as in section 3(1) of the Health Records Act 2001;

personal information has the same meaning as in section 3 of the Privacy and Data Protection Act 2014;

sensitive information has the same meaning as in Schedule 1 to the Privacy and Data Protection Act 2014;".

(3)In section 2.6.1 of the Principal Act—

(a)insert the following definitions—

"notification, in Divisions 10, 10A and 11, means a notification under section 2.6.30;

preliminary assessment means an assessment under section 2.6.31;";

(b)for the definition of complaint substitute—

"complaint means a complaint under section 2.6.30A;".

Division 2—Initial teacher education programs, pathway programs and continuing education programs

5Functions of Institute

(1)For section 2.6.3(1)(b) of the Principal Act substitute—

"(ab)subject to subsection (1B), recommend for the approval of the Minister under section 2.6.5 requirements, criteria or standards that a program or course of study must satisfy before the Institute approves the program or course as an initial teacher education program;

(b)approve programs or courses of study as initial teacher education programs;

(ba)set requirements, criteria or standards that a program or course of study must satisfy before the Institute approves the program or course as a pathway program;

(bb)approve programs or courses of study as pathway programs;".

(2)In section 2.6.3(1)(c) of the Principal Act omit "qualifications,".

(3)After section 2.6.3(1)(j) of the Principal Act insert—

"(ja)set requirements, criteria or standards that a program, unit or course of study must satisfy before the Institute endorses the program, unit or course of study as a continuing education program;

(jb)endorse programs, units or courses of study as continuing education programs;".

(4)After section 2.6.3(1A) of the Principal Act insert—

"(1B)Before making any recommendations to the Minister under subsection (1)(ab), the Institute must consider any requirements, criteria or standards for programs or courses of study leading to qualifications for entry to teaching as a teacher that have been agreed to with other States, Territories or the Commonwealth, including teacher registration authorities in those States or Territories.

(1C)The Minister must not approve requirements, criteria or standards that a program or course of study must satisfy before the Institute approves the program or course as an initial teacher education program unless those requirements, criteria or standards have been recommended to the Minister by the Institute under subsection (1)(ab).".

(5)In section 2.6.3(2) of the Principal Act omit "qualifications,".

(6)After section 2.6.3(2) of the Principal Act insert—

"(3)The Institute must perform its functions under subsection (1)(c), (ca), (d), (j), (k) and (l) having regard to raising the quality of teaching.".

6Section 2.6.5 substituted

For section 2.6.5 of the Principal Act substitute—

"2.6.5   Ministerial advice and approvals

(1)The Institute must give due regard to any advice given by the Minister in relation to the exercise of its powers and the performance of its functions.

Note

See section 5.2.1 for the Minister's power to issue a policy, guideline or direction to the Institute.

(2)Subject to section 2.6.3(1C), the Minister may approve requirements, criteria or standards that a program or course of study must satisfy before the Institute approves the program or course as an initial teacher education program.

(3)For the purposes of subsection (2), the requirements, criteria or standards that the Minister may approve include—

(a)entry standards or minimum requirements for entry into programs or courses of study, including academic and non-academic attributes and demonstrated proficiency in literacy and numeracy; and

(b)student selection methods including any pre-entry student ranking and the scope and extent of any adjustments to that ranking; and

(c)the extent and scope of credit or advanced standing for prior study, including study completed as part of a pathway program; and

(d)requirements that a provider must ensure are met by students before students proceed beyond a particular point of the program or course, including the demonstration of competence in literacy and numeracy.

(4)For the purposes of approving requirements, criteria or standards that a program or course of study must satisfy in accordance with this section, the Minister may adopt, apply or incorporate in full or in part any code, rules, specifications or other document of another person or body including any amendments made to that document from time to time.

(5)The Institute must publish on the Institute's website any requirements, criteria or standards approved by the Minister in accordance with this section.".

7New Divisions 2A, 2B and 2C inserted in Part 2.6

After Division 2 of Part 2.6 of the Principal Act insert—

"Division 2A—Initial teacher education program approval process

2.6.6DApplication for approval or variation of approval

(1)A provider of a program or course of study may apply to the Institute for the provider's program or course to be approved as an initial teacher education program.

(2)A provider of an initial teacher education program may apply to the Institute for a variation of the approval of the program or course of study as an initial teacher education program.

(3)An application made under subsection (1) or (2) must be—

(a)in the form approved by the Institute; and

(b)accompanied by the application fee fixed by the Minister.

2.6.6EApproval by Institute

(1)The Institute may approve a program or course of study as an initial teacher education program or vary the approval of a program or course of study as an initial teacher education program, if—

(a)the Institute has considered any requirements, criteria or standards for programs or courses of study leading to qualifications for entry to teaching as a teacher that have been agreed to with other States, Territories or the Commonwealth, including teacher registration authorities in those States or Territories; and

(b)the Institute has had regard to any advice or recommendations given to it under section 2.6.6K; and

(c)the program or course of study satisfies all requirements, criteria or standards approved by the Minister under section 2.6.5 and in force at the time the application is made.

(2)If the Institute approves a program or course of study as an initial teacher education program, or varies an approval of a program or course of study as an initial teacher education program under subsection (1), the Institute must—

(a)give the provider written notice of—

(i)the approval; or

(ii)the variation of an approval; and

(b)specify in the written notice—

(i)the period for which the approval, or variation of the approval, is given; and

(ii)that the Institute may impose conditions on the approval, or variation of the approval, under section 2.6.6G at any time for the duration of the approval.

2.6.6FApplication for renewal and approval of renewal by Institute

(1)A provider of an initial teacher education program may apply to the Institute for renewal of an approval given under section 2.6.6E in respect of the program before the approval expires.

(2)An application made under subsection (1) must be—

(a)in the form approved by the Institute; and

(b)accompanied by the application fee fixed by the Minister.

(3)If the Institute has not considered an application made under subsection (1) before the expiry of the approval, the approval is taken to be current until the Institute has determined the application.

(4)The Institute may renew the approval of a program or course of study as an initial teacher education program if—

(a)the Institute has had regard to any advice or recommendations given to it under section 2.6.6K; and

(b)the Institute has considered any requirements, criteria or standards for programs or courses of study leading to qualifications for entry to teaching as a teacher that have been agreed to with other States, Territories or the Commonwealth, including teacher registration authorities in those States or Territories; and

(c)the Institute has considered whether the provider of the program has complied with any conditions imposed on the existing approval and any previous approval given; and

(d)the program satisfies the requirements, criteria or standards approved by the Minister under section 2.6.5 and in force at the time the application is made.

(5)If the Institute renews the approval of an initial teacher education program under subsection (4), the Institute must—

(a)give the provider written notice of the renewal of the approval; and

(b)specify in the written notice—

(i)the period for which the renewed approval is given; and

(ii)that the Institute may impose conditions on the approval being renewed under section 2.6.6G at any time for the duration of the approval.

2.6.6GInstitute may impose, vary or revoke conditions on approval

(1)The Institute may impose, vary or revoke a condition on an approval of a program or course of study as an initial teacher education program, given under this Division, at any time during the period of approval in accordance with this section.

(2)If the Institute intends to impose a condition on, or vary a condition imposed on, an approval given in respect of an initial teacher education program under this Division, the Institute must, in writing—

(a)advise the provider of the initial teacher education program of that intention; and

(b)invite the provider to make a written submission to the Institute if the provider believes a condition should not be imposed or that the condition should not be varied; and

(c)advise the provider that a written submission must be made within 14 days of receiving the invitation to make a submission.

(3)The Institute may impose a condition on, or vary a condition on, an approval of a program or course of study as an initial teacher education program, given under this Division if, after considering the following matters, the Institute is of the view that it would be appropriate in the circumstances to impose, or vary, the condition—

(a)any submission made by a provider under subsection (2);

(b)the interests of any students enrolled in the initial teacher education program.

(4)If the Institute has imposed a condition on, or varied a condition on, an approval under subsection (3), the Institute must give the provider of the initial teacher education program written notice of the decision to impose, or vary, the condition on the approval—

(a)as soon as reasonably practicable; and

(b)specifying written reasons for the decision; and

(c)specifying that the condition, or variation of the condition, applies—

(i)from the date of the notice; or

(ii)from a later date specified in the notice; and

(d)specifying that the condition, or variation of the condition, applies for the duration of the approval or another shorter period specified in the notice.

(5)The Institute may revoke a condition imposed on an approval at any time by written notice to the provider of the initial teacher education program specifying the date from which the revocation of the condition applies.

(6)In this section—

approval includes a renewal of an approval and any variation of an approval.

2.6.6HRevocation of approval of initial teacher education program

(1)An approval of an initial teacher education program may be revoked by the Institute in accordance with this section—

(a)on the request of the provider of the initial teacher education program made to the Institute; or

(b)if the program is no longer a course of study accredited under the Tertiary Education Quality and Standards Agency Act 2011 of the Commonwealth; or

(c)if the program no longer satisfies any requirements, criteria or standards approved by the Minister as in force from time to time under section 2.6.5; or

(d)if the program no longer complies with any conditions on its approval.

(2)If the Institute intends to revoke an approval of an initial teacher education program under paragraph (b), (c) or (d) of subsection (1), the Institute must—

(a)advise the provider of the initial teacher education program of that intention; and

(b)invite the provider to make a written submission to the Institute if the provider believes the approval should not be revoked; and

(c)advise the provider that a written submission must be made within 14 days of receiving the invitation to make a submission.

(3)The Institute may revoke the approval of an initial teacher education program, given under this Division if, after considering the following matters, the Institute is of the view that it would be appropriate in the circumstances to revoke the approval—

(a)any submission made by a provider under subsection (2) as to why the provider believes the approval should not be revoked;

(b)the interests of any students enrolled in the initial teacher education program.

(4)If the Institute has revoked an approval under subsection (3), the Institute must give the provider written notice of the decision—

(a)as soon as reasonably practicable; and

(b)specifying written reasons for the decision; and

(c)specifying that the approval of the initial teacher education program is revoked—

(i)from the date of the notice; or

(ii)from a later date specified in the notice.

2.6.6IEnrolled students not disadvantaged by revocation

If a student is enrolled in an initial teacher education program at the time the approval of the initial teacher education program is revoked under section 2.6.6H—

(a)the program is to continue and is taken to be approved by the Institute under this Division solely for the purpose of allowing the enrolled student to complete the program; and

(b)if the student satisfactorily completes the program continued for the purposes of this section, the student is taken to have satisfactorily completed an initial teacher education program.

2.6.6JRequest for provision of further information

(1)The Institute may request a provider of an approved initial teacher education program to provide information or material in respect of the program to the Institute for the following purposes—

(a)to make a decision under section 2.6.6E, 2.6.6F, 2.6.6G or 2.6.6H;

(b)to ensure that the program continues to satisfy all requirements, criteria and standards for approval as an initial teacher education program;

(c)to ensure that the provider is complying with any conditions on the approval of the program as an initial teacher education program.

(2)A provider of an approved initial teacher education program must comply with a request made under subsection (1).

(3)In this section—

provider of an approved initial teacher education program includes a provider of a program or course of study applying for approval of that program or course as an initial teacher education program under this Division.

2.6.6KInstitute to have regard to relevant advice regarding initial teacher education programs

The Institute must have regard to any relevant advice or recommendations given to the Institute by the Accreditation Committee in respect of a program or course of study before the Institute approves—

(a)the program or course as an initial teacher education program; or

(b)a variation of an approval of the program or course as an initial teacher education program; or

(c)a renewal of the approval of the program or course as an initial teacher education program.

2.6.6LPublication in relation to compliance of providers

(1)Subject to subsection (2), the Institute may publish information on its website in respect of a provider of an initial teacher education program specifying whether the program—

(a)continues to satisfy all requirements, criteria and standards for approval as an initial teacher education program; or

(b)has any conditions on its approval as an initial teacher education program and if there are conditions on the program's approval specifying what those conditions are.

(2)The Institute must not publish any personal information or sensitive information in respect of a provider of an initial teacher education program.

Division 2B—Pathway program approval process

2.6.6MRequirements, criteria and standards for pathway programs

(1)Subject to subsection (2), the Institute may set requirements, criteria or standards that a program or course of study must satisfy before the Institute approves the program or course as a pathway program under this Division including in relation to the following—

(a)entry requirements;

(b)minimum academic and non-academic attributes or standards to be achieved or demonstrated by students undertaking the program by the end of the program.

(2)Before the Institute sets any requirements, criteria or standards under subsection (1), the Institute must—

(a)consider any requirements, criteria or standards for equivalent pathway programs that have been agreed to with other States, Territories or the Commonwealth, including teacher registration authorities in those States and Territories; and

(b)have regard to any relevant advice or recommendations given to the Institute by the Accreditation Committee in accordance with section 2.6.6V.

2.6.6NApplication for approval or variation of approval

(1)A provider of a program or course of study may apply to the Institute for the program or course to be approved as a pathway program.

(2)A provider of a pathway program may apply to the Institute for a variation of the approval of the program or course of study as a pathway program.

(3)An application made under subsection (1) or (2) must be—

(a)in the form approved by the Institute; and

(b)accompanied by the application fee fixed by the Minister.

2.6.6OApproval by Institute

(1)The Institute may approve a program or course of study, or vary the approval of a program or course of study, as a pathway program if—

(a)the Institute has considered any requirements, criteria or standards for equivalent pathway programs that have been agreed to with other States, Territories or the Commonwealth, including teacher registration authorities in those States or Territories; and

(b)the program or course satisfies all requirements, criteria and standards set by the Institute under section 2.6.6M and in force at the time the application is made; and

(c)the Institute has had regard to any relevant advice or recommendations given to the Institute in accordance with section 2.6.6V.

(2)If the Institute approves a program or course of study, or varies an approval of a program or course of study, as a pathway program under subsection (1), the Institute must—

(a)give the provider written notice of the approval or variation of the approval; and

(b)specify in the written notice—

(i)the period for which the approval, or variation of the approval, is given; and

(ii)that the Institute may impose conditions on the approval, or variation of the approval, under section 2.6.6Q at any time for the duration of the approval.

2.6.6PApplication for renewal and approval of renewal by Institute

(1)A provider of a pathway program may apply to the Institute for renewal of an approval given under section 2.6.6O in respect of the program before the approval expires.

(2)An application made under subsection (1) must be—

(a)in the form approved by the Institute; and

(b)accompanied by the application fee fixed by the Minister.

(3)If the Institute has not considered an application made under subsection (1) before the expiry of the approval, the approval is taken to be current until the Institute has determined the application.

(4)The Institute may renew the approval of a program or course of study as a pathway program if—

(a)the Institute has had regard to any advice or recommendations given to it under section 2.6.6V; and

(b)the Institute has had regard to any requirements, criteria or standards for equivalent pathway programs that have been agreed to with other States, Territories or the Commonwealth, including teacher registration authorities in those States or Territories; and

(c)the Institute has considered whether the provider of the program has complied with any conditions imposed on the existing approval and any previous approval given; and

(d)the program satisfies the requirements, criteria and standards set by the Institute under section 2.6.6M and in force at the time the application for renewal is made.

(5)If the Institute renews the approval of a pathway program under subsection (4), the Institute must—

(a)give the provider written notice of the renewal of the approval; and

(b)specify in the written notice—

(i)the period for which the renewed approval is given; and

(ii)that the Institute may impose conditions on the approval being renewed under section 2.6.6Q at any time for the duration of the approval.

2.6.6QInstitute may impose, vary or revoke conditions on approval

(1)The Institute may impose, vary or revoke a condition on an approval of a program or course of study as a pathway program, given under this Division, at any time during the period of approval in accordance with this section.

(2)If the Institute intends to impose a condition on, or vary a condition imposed on, an approval given in respect of a pathway program under this Division, the Institute must, in writing—

(a)advise the provider of the pathway program of that intention; and

(b)invite the provider to make a written submission to the Institute if the provider believes a condition should not be imposed or that the condition should not be varied; and

(c)advise the provider that a written submission must be made within 14 days of receiving the invitation to make a submission.

(3)The Institute may impose a condition on, or vary a condition on, an approval of a program or course of study as a pathway program, given under this Division if, after considering the following matters, the Institute is of the view that it would be appropriate in the circumstances to impose, or vary, the condition—

(a)any submission made by a provider under subsection (2);

(b)the interests of any students enrolled in the pathway program.

(4)If the Institute has imposed a condition on, or varied a condition on, an approval under subsection (3), the Institute must give the provider of the pathway program written notice of the decision to impose, or vary, a condition on the approval—

(a)as soon as reasonably practicable; and

(b)specifying written reasons for the decision; and

(c)specifying that the condition, or variation of the condition, applies—

(i)from the date of the notice; or

(ii)from a later date specified in the notice; and

(d)specifying that the condition, or variation of the condition, applies for the duration of the approval or another shorter period specified in the notice.

(5)The Institute may revoke a condition imposed on an approval at any time by written notice to the provider of the pathway program specifying the date from which the revocation of the condition applies.

(6)In this section—

approval includes a variation or renewal of an approval.

2.6.6RRevocation of approval of pathway program

(1)An approval of a pathway program may be revoked by the Institute in accordance with this section—

(a)on the request of the provider of the pathway program made to the Institute; or

(b)if the program is no longer a course of study accredited under—

(i)the Tertiary Education Quality and Standards Agency Act 2011 of the Commonwealth; or

(ii)the National Vocational Education and Training Regulator Act 2011 of the Commonwealth; or

(c)if the program no longer satisfies the requirements, criteria and standards set by the Institute as in force from time to time under section 2.6.6M; or

(d)if the program no longer complies with any conditions on its approval.

(2)If the Institute intends to revoke an approval of a pathway program under paragraph (b), (c) or (d) of subsection (1), the Institute must—

(a)advise the provider of the pathway program of that intention; and

(b)invite the provider to make a written submission to the Institute if the provider believes the approval should not be revoked; and

(c)advise the provider that a written submission must be made within 14 days of receiving the invitation to make a submission.

(3)The Institute may revoke the approval of a pathway program, given under this Division if, after considering the following matters, the Institute is of the view that it would be appropriate in the circumstances to revoke the approval—

(a)any submission made by a provider under subsection (2) as to why the provider believes the approval should not be revoked;

(b)the interests of any students enrolled in the pathway program.

(4)If the Institute has revoked an approval under subsection (3), the Institute must give the provider written notice of the decision—

(a)as soon as reasonably practicable; and

(b)specifying written reasons for the decision; and

(c)specifying that the approval of the pathway program is revoked—

(i)from the date of the notice; or

(ii)from a later date specified in the notice.

2.6.6SEnrolled students not disadvantaged by revocation

If a student is enrolled in a pathway program at the time the approval of the pathway program is revoked under section 2.6.6R—

(a)the program is to continue and is taken to be approved by the Institute under this Division solely for the purpose of allowing the enrolled student to complete the program; and

(b)if the student satisfactorily completes the program continued for the purposes of this section, the student is taken to have satisfactorily completed a pathway program.

2.6.6TRequest for provision of further information

(1)The Institute may request a provider of a pathway program to provide information or material in respect of the program to the Institute for the following purposes—

(a)to make a decision under section 2.6.6O, 2.6.6P, 2.6.6Q or 2.6.6R;

(b)to ensure that the program continues to satisfy all requirements, criteria and standards for approval as a pathway program;

(c)to ensure that the provider is complying with any conditions on the approval of the program as a pathway program.

(2)A provider of a pathway program must comply with a request made under subsection (1).

(3)In this section—

provider of a pathway program includes a provider of a program or course of study applying for approval of that program or course as a pathway program under this Division.

2.6.6UPublication in relation to compliance of providers

(1)Subject to subsection (2), the Institute may publish information on its website in respect of a provider of a pathway program specifying whether the program—

(a)continues to satisfy all requirements, criteria and standards for approval as a pathway program; or

(b)has any conditions on its approval as a pathway program and if there are conditions on the program's approval specifying what those conditions are.

(2)The Institute must not publish any personal information or sensitive information in respect of a provider of a pathway program.

2.6.6VInstitute to have regard to relevant advice regarding pathway programs

The Institute must have regard to any relevant advice or recommendations given to the Institute by the Accreditation Committee in respect of the following—

(a)requirements, criteria or standards for pathway programs;

(b)a program or course of study before the Institute approves—

(i)the program or course as a pathway program; or

(ii)a variation of an approval of the program or course as a pathway program; or

(iii)a renewal of an approval of the program or course as a pathway program.

Division 2C—Continuing education programs

2.6.6WRequirements, criteria and standards for continuing education programs

(1)Subject to subsection (2), the Institute may set requirements, criteria or standards that a program, unit or course of study must satisfy before the Institute endorses the program, unit or course of study as a continuing education program under this Division.

(2)Before setting requirements, criteria and standards under subsection (1), the Institute must—

(a)consider any requirements, criteria or standards for continuing education programs that have been agreed to with other States, Territories or the Commonwealth, including teacher registration authorities in those States or Territories; and

(b)have regard to any relevant advice or recommendations given to the Institute by the Accreditation Committee under section 2.6.6ZC.

2.6.6XApplication for, or variation of, endorsement of continuing education programs

(1)A provider of a program, unit or course of study may apply to the Institute for the program, unit or course to be endorsed as a continuing education program.

(2)A provider of a continuing education program may apply to the Institute for a variation of the endorsement of the program, unit or course of study as a continuing education program.

(3)An application made under subsection (1) or (2) must be—

(a)in the form approved by the Institute; and

(b)accompanied by the application fee fixed by the Minister.

(4)A provider of a continuing education program—

(a)is not required to apply to the Institute for endorsement of the program, unit or course as a continuing education program under this Division; and

(b)may identify or market the program, unit or course of study as a continuing education program despite not being endorsed by the Institute under this Division.

2.6.6YEndorsement by Institute

(1)The Institute may endorse a program, unit or course of study, or vary the endorsement of a program, unit or course of study, as a continuing education program if—

(a)the Institute has considered any requirements, criteria or standards for continuing education programs that have been agreed to with other States or Territories or the Commonwealth, including teacher registration authorities in those States or Territories; and

(b)the program, unit or course satisfies all requirements, criteria and standards set by the Institute under section 2.6.6W and in force at the time the application is made; and

(c)the Institute has had regard to any relevant advice or recommendations given to the Institute in accordance with section 2.6.6ZC.

(2)If the Institute endorses a program, unit or course of study, or varies an endorsement of a program, unit or course of study, as a continuing education program under subsection (1), the Institute must—

(a)give the provider written notice of the endorsement or variation of the endorsement; and

(b)specify in the written notice—

(i)the period for which the endorsement, or variation of the endorsement, is given; and

(ii)that the Institute may impose conditions on the endorsement, or variation of the endorsement, under section 2.6.6ZA at any time for the duration of the endorsement.

2.6.6ZApplication for renewal of endorsement by Institute

(1)A provider of a continuing education program may apply to the Institute for renewal of an endorsement given under section 2.6.6Y in respect of the program before the endorsement expires.

(2)An application made under subsection (1) must be—

(a)in the form approved by the Institute; and

(b)accompanied by the application fee fixed by the Minister.

(3)If the Institute has not considered an application under subsection (1) before the expiry of the endorsement, the endorsement is taken to be current until the Institute has determined the application.

(4)The Institute may renew the endorsement of a program, unit or course of study as a continuing education program if—

(a)the Institute has had regard to any advice or recommendations given to it under section 2.6.6ZC; and

(b)the Institute has had regard to any requirements, criteria or standards for continuing education programs that have been agreed to with other States, Territories or the Commonwealth, including teacher registration authorities in those States or Territories; and

(c)the Institute has considered whether the provider of the program has complied with any conditions imposed on the existing endorsement and any previous endorsement given; and

(d)the program satisfies the requirements, criteria and standards set by the Institute under section 2.6.6W and in force at the time the application for renewal is made.

(5)If the Institute renews the endorsement of a continuing education program under subsection (4), the Institute must—

(a)give the provider written notice of the renewal of the endorsement; and

(b)specify in the written notice—

(i)the period for which the renewed endorsement is given; and

(ii)that the Institute may impose conditions on the endorsement being renewed under section 2.6.6ZA at any time for the duration of the endorsement.

2.6.6ZAInstitute may impose, vary or revoke conditions on endorsement

(1)The Institute may impose, vary or revoke a condition on an endorsement of a program, unit or course of study as a continuing education program, given under this Division, at any time during the period of endorsement in accordance with this section.

(2)If the Institute intends to impose a condition on, or vary a condition imposed on, an endorsement given in respect of a continuing education program under this Division, the Institute must, in writing—

(a)advise the provider of the continuing education program of that intention; and

(b)invite the provider to make a written submission to the Institute if the provider believes a condition should not be imposed or that the condition should not be varied; and

(c)advise the provider that a written submission must be made within 14 days of receiving the invitation to make a submission.

(3)The Institute may impose a condition on, or vary a condition on, an endorsement of a program, unit or course of study as a continuing education program, given under this Division if, after considering the following matters, the Institute is of the view that it would be appropriate in the circumstances to impose, or vary, the condition— 

(a)any submission made by a provider under subsection (2);

(b)the interests of any students enrolled in the continuing education program.

(4)If the Institute has imposed a condition on, or varied a condition on, an endorsement under subsection (3), the Institute must give the provider of the continuing education program written notice of the decision to impose, or vary, a condition on the endorsement—

(a)as soon as reasonably practicable; and

(b)specifying written reasons for the decision; and

(c)specifying that the condition, or variation of the condition, applies—

(i)from the date of the notice; or

(ii)from a later date specified in the notice; and

(d)specifying that the condition, or variation of the condition, applies for the duration of the endorsement or another shorter period specified in the notice.

(5)The Institute may revoke a condition imposed on an endorsement of a program, unit or course of study as a continuing education program at any time by written notice to the provider of the continuing education program specifying the date from which the revocation of the condition applies.

(6)In this section—

endorsement includes a variation or renewal of an endorsement.

2.6.6ZBRevocation of endorsement of continuing education program

(1)An endorsement of a continuing education program under this Division may be revoked by the Institute in accordance with this section—

(a)on the request of the provider of the continuing education program made to the Institute; or

(b)if the program no longer satisfies the requirements, criteria and standards set by the Institute as in force from time to time under section 2.6.6W; or

(c)if the program no longer complies with any conditions on its endorsement.

(2)If the Institute intends to revoke an endorsement of a continuing education program under paragraph (b) or (c) of subsection (1), the Institute must—

(a)advise the provider of the continuing education program of that intention; and

(b)invite the provider to make a written submission to the Institute if the provider believes the endorsement should not be revoked; and

(c)advise the provider that a written submission must be made within 14 days of receiving the invitation to make a submission.

(3)The Institute may revoke the endorsement of a continuing education program, given under this Division if, after considering the following matters, the Institute is of the view that it would be appropriate in the circumstances to revoke the endorsement— 

(a)any submission made by a provider under subsection (2) as to why the provider believes the endorsement should not be revoked;

(b)the interests of any students enrolled in the continuing education program.

(4)If the Institute has revoked an endorsement under subsection (3), the Institute must give the provider written notice of the decision—

(a)as soon as reasonably practicable; and

(b)specifying written reasons for the decision; and

(c)specifying that the endorsement of the continuing education program is revoked—

(i)from the date of the notice; or

(ii)from a later date specified in the notice.

2.6.6ZCInstitute to have regard to relevant advice regarding continuing education programs

The Institute must have regard to any relevant advice or recommendations given to the Institute by the Accreditation Committee in respect of the following—

(a)requirements, criteria or standards for continuing education programs;

(b)a program, unit or course of study before the Institute—

(i)endorses the program, unit or course as a continuing education program; or

(ii)varies the endorsement of the program, unit or course as a continuing education program; or

(iii)renews the endorsement of the program, unit or course as a continuing education program.

2.6.6ZDPublication in relation to compliance of providers

(1)Subject to subsection (2), the Institute may publish information on its website in respect of a provider of a continuing education program specifying whether the program—

(a)continues to satisfy all requirements, criteria and standards for endorsement as a continuing education program that are in force; or

(b)has any conditions on its endorsement as a continuing education program and if there are conditions on the program's endorsement specifying what those conditions are.

(2)The Institute must not publish any personal information or sensitive information in respect of a provider of a continuing education program.".

8Qualification for registration as a teacher

For section 2.6.8(a)(i) of the Principal Act substitute—

"(i)has satisfactorily completed an initial teacher education program or a program or course of study leading to qualifications for entry to teaching that is determined by the Institute to be equivalent to an initial teacher education program and obtained a qualification that is appropriate for entry to teaching; and".

9Accreditation Committee

For section 2.6.68(2) of the Principal Act substitute—

"(2)The Accreditation Committee has the following functions—

(a)to assess programs and courses of study and advise and make recommendations to the Institute about whether those programs and courses should be approved, varied or renewed by the Institute as initial teacher education programs;

(b)to advise and make recommendations to the Institute about the requirements, criteria or standards that a program, unit or course of study must satisfy before the Institute approves or endorses the program, course or unit as—

(i)an initial teacher education program; or

(ii)a pathway program; or

(iii)a continuing education program;

(c)to assess programs and courses of study and advise and make recommendations to the Institute about whether those programs and courses should be approved, varied or renewed by the Institute as pathway programs;

(d)to assess programs, units and courses of study and advise and make recommendations to the Institute about whether those programs, units and courses should be endorsed, varied or renewed by the Institute as continuing education programs;

(e)to assess and make recommendations to the Institute about conditions or the revocation of conditions on any approvals or endorsements the Institute has given in respect of the following programs—

(i)initial teacher education programs;

(ii)pathway programs;

(iii)continuing education programs;

(f)to assess and make recommendations to the Institute about whether any approvals or endorsements given by the Institute in respect of the following programs should be revoked—

(i)initial teacher education programs;

(ii)pathway programs;

(iii)continuing education programs;

(g)any other function or power delegated to the Accreditation Committee by the Institute under section 2.6.67.".

Division 3—Registration

10Provisional registration—teachers

(1)In section 2.6.10(1) of the Principal Act, for "An applicant" substitute "Subject to subsection (6), an applicant".

(2)After section 2.6.10(5) of the Principal Act insert—

"(6)A teacher who is provisionally registered under this section is not eligible for a further grant of provisional registration if the teacher has been provisionally registered for a period of 6 years unless the Institute is satisfied that special circumstances exist.

(7)For the purposes of subsection (6), the period of 6 years may consist of consecutive or non‑consecutive periods of provisional registration.".

11Provisional registration as an early childhood teacher

(1)In section 2.6.12E(1) of the Principal Act, for "An applicant" substitute "Subject to subsection (6), an applicant".

(2)After section 2.6.12E(5) of the Principal Act insert—

"(6)An early childhood teacher who is provisionally registered under this section is not eligible for a further grant of provisional registration if the early childhood teacher has been provisionally registered for a period of 6 years unless the Institute is satisfied that special circumstances exist.

(7)For the purposes of subsection (6), the period of 6 years may consist of consecutive or non‑consecutive periods of provisional registration.".

12Duration and renewal of registration

(1)In the heading to section 2.6.17 of the Principal Act, for "and renewal" substitute ", renewal and reinstatement".

(2)After section 2.6.17(2) of the Principal Act insert—

"(2A)The reinstatement of registration of a teacher or an early childhood teacher continues in force until the first occurrence of 30 September after the date of reinstatement.".

13Notice of intention to refuse or renew registration under grounds relating to a category A offence or a category B offence

(1)In the heading to section 2.6.14A of the Principal Act, for "or renew" substitute ", renew or reinstate".

(2)In section 2.6.14A(1) of the Principal Act, for "or renewal of registration" substitute ", renewal of registration or reinstatement of registration".

14Entitlement of applicant to make submissions

In section 2.6.15(1) of the Principal Act, for "or renewal of registration" substitute ", renewal of registration or reinstatement of registration".

15New sections 2.6.18A, 2.6.18B, 2.6.18C and 2.6.18D inserted

After section 2.6.18 of the Principal Act insert—

"2.6.18A   Reinstatement of registration in certain circumstances

(1)A person may apply for reinstatement of their registration, including non-practising registration, as a teacher or an early childhood teacher under this section if—

(a)the person's registration is no longer in force in accordance with—

(i)section 2.6.17(1); or

(ii)section 2.6.11(4); or

(iii)section 2.6.12F(4); and

(b)the person did not apply for their registration to be renewed under section 2.6.18(1) or (2); and

(c)an application for reinstatement of the person's registration is made under this section within 12 months after the registration has expired under section 2.6.17(1), 2.6.11(4) or 2.6.12F(4); and

(d)special circumstances exist that led to the person not applying for a renewal of registration under section 2.6.18(1) or (2).

(2)An applicant's application for reinstatement of registration must—

(a)be in the form approved by the Institute; and

(b)be accompanied by—

(i)evidence satisfactory to the Institute that the applicant has maintained an appropriate level of professional practice in the preceding period of registration; and

(ii)details of any information required by section 2.6.57; and

(iii)the application fee fixed by the Minister; and

(iv)a statement specifying the reasons why the applicant was unable to apply for renewal of their registration; and

(c)include or be accompanied by any other information or material required by section 2.6.18B to enable the Institute to conduct checks in respect of the applicant.

(3)An applicant for reinstatement of registration must comply with a request made by the Institute under section 2.6.18C.

(4)The Institute must conduct a national criminal history check on the applicant in considering an application for reinstatement of registration under this section.

(5)The Institute may have regard to a finding that the applicant has committed reportable conduct and the reasons for the finding under Part 5A of the Child Wellbeing and Safety Act 2005 in considering an application for reinstatement of registration under this section.

(6)If the Institute reinstates the applicant's registration as a teacher or early childhood teacher, the Institute must determine whether the registration is a grant of non-practising registration.

2.6.18BChecks to be conducted in respect of applicant for reinstatement

(1)For the purposes of section 2.6.18A(4), an applicant's application for reinstatement of registration must be accompanied by—

(a)a consent signed by the applicant for the Institute to conduct a national criminal history check on the applicant; and

(b)subject to subsection (2)—

(i)the information specified in the application form relating to the identity of the applicant required for the purposes of the national criminal history check; and

(ii)the fee fixed by the Minister for the national criminal history check.

(2)An applicant applying for reinstatement of registration as an early childhood teacher is not required to comply with subsection (1)(b) if the applicant applies for reinstatement of registration as a teacher at the same time.

(3)An applicant's application for reinstatement of registration must include an authorisation by the applicant for the Institute to arrange for the conduct of a State police record check—

(a)on the applicant in connection with consideration of the application; and

(b)if reinstatement of registration is granted, on the teacher or early childhood teacher from time to time during the period of that registration.

2.6.18CVIT may request information about criminal records of applicant for reinstatement of registration

For the purposes of determining whether to grant an application for reinstatement under section 2.6.18A, the Institute may require an applicant to provide information about any criminal records relating to the applicant.

2.6.18DGrant of reinstatement of registration

Subject to section 2.6.19, the Institute may grant a reinstatement of registration following an application made under section 2.6.18A.".

16Refusal to renew registration

(1)In the heading to section 2.6.19 of the Principal Act, after "renew" insert "or reinstate".

(2)At the end of section 2.6.19 of the Principal Act insert—

"(2)The Institute—

(a)may refuse to reinstate the registration of an applicant—

(i)if the Institute is satisfied that the applicant has not maintained an appropriate level of professional practice in the preceding period of registration having regard to the standards of professional practice approved by the Minister; or

(ii)if the Institute is not satisfied that special circumstances exist for reinstating the applicant's registration; or

(iii)on any other ground on which the Institute may refuse to grant registration; and

(b)must refuse to reinstate the registration of an applicant on any ground on which the Institute must refuse to grant registration.".

(3)In the note at the foot of section 2.6.19 of the Principal Act, after "renewal of registration", insert "or for reinstatement of registration".

17Provision of information by teachers

In section 2.6.57(2) of the Principal Act, for "or renewal" substitute ", renewal or reinstatement".

Division 4—Collection and disclosure of information

18Disclosure and collection of information

After section 2.6.21A of the Principal Act insert—

"2.6.21B   Disclosure and collection of information

(1)The Institute may disclose information in respect of a registered teacher or former registered teacher, or a provider of a program, unit or course of study, for a purpose specified in subsection (4), to—

(a)any State or Territory Government department; or

(b)any Government department of the Commonwealth; or

(c)any Commonwealth, State or Territory public authority; or

(d)any municipal council or any equivalent body in another State or Territory of the Commonwealth; or

(e)a former or current employer of a registered teacher.

(2)The Institute may collect information in respect of a registered teacher or former registered teacher or a provider of a program, unit or course of study for a purpose specified in subsection (4), from—

(a)any State or Territory Government department; or

(b)any State or Territory public authority; or

(c)any Government department of the Commonwealth if the department is able to make the disclosure in accordance with a law of the Commonwealth; or

(d)any Commonwealth public authority if the public authority is able to make the disclosure in accordance with a law of the Commonwealth; or

(e)any municipal council or any equivalent body in another State or Territory of the Commonwealth; or

(f)a former or current employer of a registered teacher.

(3)An entity specified in subsection (2)(a), (b), (c), (d), (e) or (f) may disclose information to the Institute in respect of a registered teacher or former registered teacher, or a provider of a program, unit or course of study, for a purpose specified in subsection (4).

(4)The purposes for disclosure and collection of information under this section are—

(a)the disclosure or collection is reasonably necessary for the purposes of enabling the Institute to perform its functions and duties or exercise its powers; or

(b)the disclosure or collection is reasonably necessary for the purposes of regulating and registering schools, early childhood services or other services related to children; or

(c)the disclosure or collection is reasonably necessary for the purposes of regulating and registering teachers and early childhood teachers; or

(d)the disclosure or collection is reasonably necessary for the purposes of screening persons who work or intend to work with children or vulnerable people; or

(e)the disclosure or collection is reasonably necessary for the purposes of regulating disability services; or

(f)the disclosure or collection is reasonably necessary to promote the safety and wellbeing of a child or group of children; or

(g)the disclosure or collection is for the purposes of research or development of national, State or Territory policy in respect of the regulation and registration of teachers; or

(h)the disclosure or collection is reasonably necessary for any other prescribed purpose.

(5)Information disclosed or collected for the purposes of research or development of national, State or Territory policy in respect of the regulation and registration of teachers under subsection (4)(g) must not include—

(a)personal information; or

(b)sensitive information; or

(c)health information.

(6)A former or current employer who is given information under subsection (1)(e) must ensure the information—

(a)is collected, stored and used by the employer in a way that ensures the privacy of the person to whom it relates; and

(b)is not used for a purpose other than the purpose for which it was disclosed.

(7)In this section—

information, unless the contrary intention appears, includes personal information, sensitive information and health information.".

Division 5—Investigation process

19Heading to Division 8 substituted

For the heading to Division 8 of Part 2.6 of the Principal Act substitute—

"Division 8—Suspension of registration".

20Revocation of interim suspension

In section 2.6.28G(2) of the Principal Act, for "inquiry" substitute "investigation".

21Heading to Division 9 substituted

For the heading to Division 9 of Part 2.6 of the Principal Act substitute—

"Division 9—Cancellation of registration".

22Heading to section 2.6.29 amended

In the heading to section 2.6.29 of the Principal Act omit "without inquiry".

23Request for conditions on or suspension of registration

In section 2.6.29A(3) of the Principal Act, for "refer the matter to an investigation under" substitute "investigate the matter in accordance with".

24Division 10 substituted and new Division 10A inserted

For Division 10 of Part 2.6 of the Principal Act substitute—

"Division 10—Notifications and complaints about registered teachers

2.6.30Notifications to Institute concerning actions against registered teachers

(1)The employer of a registered teacher must notify the Institute if the employer has taken—

(a)any action against the registered teacher in response to allegations—

(i)of serious incompetence of the registered teacher; or

(ii)of serious misconduct of the registered teacher; or

(iii)that the registered teacher is unfit to be a registered teacher; or

(iv)that the registered teacher's ability to practise as a registered teacher is seriously detrimentally affected or likely to be seriously detrimentally affected because of an impairment; or

(b)any other action against the registered teacher that may be relevant to the registered teacher's fitness to teach.

(2)The employer of a registered teacher must immediately notify the Institute if the employer becomes aware that the registered teacher—

(a)is currently charged with, or has been convicted or found guilty of, a category A offence or a category B offence; or

(b)has been given a WWC exclusion.

(3)The Chief Commissioner of Police must immediately notify the Institute if the Chief Commissioner becomes aware that a registered teacher has been charged with, or convicted or found guilty of, a category A offence or a category B offence.

(4)The Commission for Children and Young People (established by section 6 of the Commission for Children and Young People Act 2012) must immediately notify the Institute if the Commission becomes aware that a registered teacher is the subject of a reportable allegation or a finding of reportable conduct under Part 5A of the Child Wellbeing and Safety Act 2005.

2.6.30APerson or body may make a complaint to Institute

(1)A person or body may make a complaint to the Institute alleging that a registered teacher—

(a)has engaged in misconduct or serious misconduct; or

(b)is unfit to be a registered teacher; or

(c)is seriously incompetent; or

(d)has such an impairment that the person's ability to practise as a registered teacher is seriously detrimentally affected or likely to be seriously detrimentally affected; or

(e)has been charged with, or convicted or found guilty of, a category A offence or a category B offence; or

(f)has engaged in category C conduct; or

(g)has been given an interim WWC exclusion or a WWC exclusion; or

(h)is the subject of disciplinary action by a person or organisation for whom the registered teacher undertakes work (including as a volunteer).

(2)A complaint under subsection (1)—

(a)must be in writing; and

(b)may include any other information relevant to the complaint.

Division 10A—Preliminary assessments

2.6.31Institute to conduct preliminary assessment

(1)The Institute must conduct a preliminary assessment of a notification or complaint.

(2)The Institute, by written notice, must advise the following that the Institute is conducting a preliminary assessment—

(a)the registered teacher who is the subject of the notification or complaint;

(b)the person or body that made the notification or complaint.

(3)Despite subsection (2), the Institute is not required to give written notice under subsection (2) if the Institute reasonably believes that doing so may—

(a)seriously prejudice any investigation of the notification or complaint; or

(b)place at risk a person's health or safety; or

(c)place a person at risk of harassment or intimidation.

(4)For the purposes of conducting a preliminary assessment under subsection (1), the Institute, in writing, may require the following to provide further information within a specified period—

(a)the registered teacher who is the subject of the notification or complaint;

(b)the person or body that made the notification or complaint;

(c)any person who may have information relevant to the notification or complaint.

(5)The Institute may use any information obtained in the course of conducting a preliminary assessment for the purposes of—

(a)considering the notification or complaint; or

(b)conducting an investigation under Division 11; or

(c)performing its functions under this Part.

2.6.32Outcome of preliminary assessment

(1)On completing a preliminary assessment of a notification or complaint, the Institute may—

(a)decide to conduct an investigation under Division 11; or

(b)decide to take any other action required or authorised to be taken under this Part; or

(c)decide to take no further action if the Institute is satisfied that—

(i)the notification or complaint is vexatious, frivolous, misconceived or lacking in substance; or

(ii)the person or body that made the notification or complaint has not responded, or has responded inadequately, to a requirement for further information under section 2.6.31(2); or

(iii)the employer or another person has already dealt adequately with the subject matter of the notification or complaint.

(2)The Institute, by written notice, must advise the following of the outcome of a preliminary assessment—

(a)the registered teacher who is the subject of the notification or complaint;

(b)the person or body that made the notification or complaint;

(c)the employer of the registered teacher, unless the Institute decides to take no further action under subsection (1)(c).

(3)Despite subsection (2), the Institute is not required to give written notice under subsection (2) if the Institute reasonably believes that doing so may—

(a)seriously prejudice any investigation of the notification or complaint; or

(b)place at risk a person's health or safety; or

(c)place a person at risk of harassment or intimidation.".

25Heading to Division 11 substituted

For the heading to Division 11 of Part 2.6 of the Principal Act substitute—

"Division 11—Investigations".

26Sections 2.6.33 to 2.6.33B substituted

For sections 2.6.33, 2.6.33A and 2.6.33B of the Principal Act substitute—

"2.6.33   Conduct of investigation

If the Institute decides under section 2.6.32(1)(a) to conduct an investigation after completing a preliminary assessment of a notification or complaint, the Institute must investigate the notification or complaint in accordance with this Division.

2.6.33AInvestigation following suspension

(1)If the Institute suspends a person's registration under Division 8A, the Institute must investigate whether the person—

(a)has engaged in misconduct or serious misconduct; or

(b)is unfit to be a registered teacher; or

(c)is seriously incompetent; or

(d)has such an impairment that the person's ability to practise as a registered teacher is seriously detrimentally affected or likely to be seriously detrimentally affected.

(2)The Institute must commence an investigation under subsection (1) as soon as practicable after suspending the person's registration.

2.6.33ABInvestigation without notification or complaint

The Institute may investigate a matter relating to a registered teacher without receiving a notification or complaint if the Institute reasonably believes that the registered teacher—

(a)has engaged in misconduct or serious misconduct; or

(b)is unfit to be a registered teacher; or

(c)is seriously incompetent; or

(d)has such an impairment that the registered teacher's ability to practise as a registered teacher is seriously detrimentally affected or likely to be seriously detrimentally affected; or

(e)has failed to comply with any condition, limitation or restriction imposed on the teacher's registration; or

(f)has contravened a provision of this Chapter.

2.6.33ACInstitute or employer may conduct investigation

In order to determine whether to conduct a formal or informal hearing into a matter, the Institute may—

(a)conduct an investigation into the matter; or

(b)request the employer of the person being investigated to conduct an investigation into the matter.

2.6.33BInstitute to give written notice of an investigation

(1)The Institute must give a person being investigated under this Division written notice of the investigation.

(2)Despite subsection (1), the Institute is not required to give the person written notice of the investigation if the Institute reasonably believes that doing so may—

(a)seriously prejudice the investigation; or

(b)place at risk a person's health or safety; or

(c)place a person at risk of harassment or intimidation.

(3)A notice under subsection (1) must—

(a)be given within 14 days after the Institute decides to conduct an investigation; and

(b)advise the person of the nature of the matter to be investigated; and

(c)advise the person of the procedures that can be taken under this Division and Divisions 12, 13 and 14.

(4)If the person holds registration under more than one Division of this Part, a notice under subsection (1) must also state—

(a)the registration to which the investigation relates; and

(b)that on completing the investigation, a recommendation may be made in relation to both registrations.

(5)If the Institute is investigating whether a person's ability to practise as a registered teacher is seriously detrimentally affected or likely to be seriously detrimentally affected because of an impairment, a notice under subsection (1) may request the person to advise the Institute within 28 days after receiving the notice as to whether the person agrees to undergo a health assessment in accordance with Division 11A to assess the person's ability to practise as a registered teacher.".

27Powers of investigator

In section 2.6.33C(b) of the Principal Act, for "registered teacher" substitute "person being investigated".

28Investigation to be conducted expeditiously

In section 2.6.33D(2) of the Principal Act—

(a)omit "persons";

(b)in paragraph (a), for "who made a" substitute "or body that made a notification or";

(c)in paragraph (b), for "registered teacher" substitute "person".

29Outcome of investigation

(1)In section 2.6.34(1) of the Principal Act—

(a)omit "or persons";

(b)in paragraph (b), for "registered teacher" substitute "person";

(c)in paragraph (c)—

(i)for "registered teacher" substitute "person";

(ii)for "complainant" substitute "person or body that made the notification or complaint";

(d)for paragraph (d) substitute—

"(d)that the person who has been investigated agree to the cancellation of any registrations held by that person under this Part; or".

(2)In section 2.6.34(1A) of the Principal Act, for "teacher" substitute "person".

30Heading to Division 13 substituted

For the heading to Division 13 of Part 2.6 of the Principal Act substitute—

"Division 13—General provisions relating to investigations, hearings and determinations".

31Section 2.6.47 amended

(1)In the heading to section 2.6.47 of the Principal Act, for "Inquiry" substitute "Preliminary assessment, investigation or hearing".

(2)In section 2.6.47 of the Principal Act, for "an inquiry" substitute "a preliminary assessment, investigation or hearing".

32Enforcement of determination

In section 2.6.53(1) of the Principal Act, for "determination made on an inquiry" substitute "recommendation or determination made".

33Effect of suspension of registration

In section 2.6.54K(2) of the Principal Act, for "an inquiry" substitute "a preliminary assessment or investigation".

Division 6—Power to delegate

34Delegation

For section 2.6.67 of the Principal Act substitute—

"2.6.67   Delegation

(1)The Institute, by instrument, may delegate any function or power of the Institute under this Act, other than this power of delegation or any power under Division 8A or the power to conduct an investigation under Division 11, to—

(a)a member of the Council; or

(b)the Registrar or any other person employed by the Institute under this Part; or

(c)a committee or body or a member of a committee or body established under this Part; or

(d)the members of the governing board of a college established under this Part.

(2)Despite subsection (1), the Institute, by instrument, may delegate to the Chief Executive Officer of the Institute any function or power of the Institute under Division 8A.

(3)Despite subsection (1), the Institute, by instrument, may delegate to any of the following the Institute's power to conduct an investigation under Division 11, other than the Institute's power to make determinations upon an investigation—

(a)an employee of the Institute;

(b)an investigator retained by the Institute;

(c)a member of the Council or a number of members not exceeding 3;

(d)the employer or a nominee of the employer of the person being investigated.".

Division 7—Minister's powers

35Ministerial advice

At the foot of section 2.6.5 of the Principal Act insert—

"Note

See section 5.2.1 for the Minister's power to issue a policy, guideline or direction to the Institute.".

36Minister's general powers

(1)After section 5.2.1(2)(b) of the Principal Act insert—

"(ba)to issue policies, guidelines and directions to an institution, person or body established by or under this Act or continued in operation under this Act;".

(2)At the foot of section 5.2.1(3) of the Principal Act insert—

"Note

See section 2.6.5 in relation to Ministerial advice to the Institute.".

(3)In section 5.2.1(4) of the Principal Act—

(a)after "give any" insert "policy, guideline or";

(b)in paragraph (b)(iv), for "otherwise." substitute "otherwise;";

(c)after paragraph (b) insert—

"(c)the Institute in relation to the following matters under Part 2.6 that relate to a particular person—

(i)the granting of, or refusal to grant, registration to a person;

(ii)the renewal or reinstatement of, or refusal to renew or reinstate, a person's registration;

(iii)the extension, suspension or cancellation of a person's registration;

(iv)if a person's registration has been suspended, the continuation or revocation of that suspension;

(v)the imposition, amendment, variation or revocation of a condition, limitation or restriction on a person's registration;

(vi)the recording, exclusion or removal of a matter on the Register of Disciplinary Action;

(vii)a request or requirement from the Institute for a person to provide information to the Institute;

(viii)the conduct of a national criminal history check or a State police record check on a person;

(ix)the conduct of a preliminary assessment or an investigation in respect of a person;

(x)the conduct of a hearing by a hearing panel or medical panel in respect of a person;

(xi)the determination and findings of a matter by a hearing panel or medical panel in respect of a person.".

(4)Section 5.2.1(6) of the Principal Act is repealed.

Division 8—Transitional provisions

37New sections 6.1.45 to 6.1.51 inserted

At the end of Chapter 6 of the Principal Act insert—

"6.1.45   Transitional provisions—Education and Training Reform Amendment (Miscellaneous) Act 2021—approved teacher education courses

(1)This section applies to—

(a)a teacher education course; and

(b)any conditions imposed on a teacher education course.

(2)On and from the commencement of section 7 of the amending Act—

(a)a teacher education course to which this section applies is taken to be an initial teacher education program approved by the Institute under Division 2A of Part 2.6 for the same period it was approved as a teacher education course; and

(b)any condition to which this section applies is taken to be a condition imposed under section 2.6.6G.

(3)In this section—

amending Act means the Education and Training Reform Amendment (Miscellaneous) Act 2021;

teacher education course means a course—

(a)approved by the Institute for a set period under section 2.6.3(1)(b) as in force immediately before the commencement of section 5 of the amending Act; or

(b)approved by the Accreditation Committee for a set period under section 2.6.68(2)(a) as in force immediately before the commencement of section 9 of the amending Act.

6.1.46Transitional provisions—Education and Training Reform Amendment (Miscellaneous) Act 2021—various teacher education course applications

(1)This section applies to an application for approval made by a provider of a program or course of study to—

(a)the Institute under section 2.6.3(1)(b) as in force immediately before the commencement of section 5 of the amending Act; or

(b)the Accreditation Committee under section 2.6.68(2)(a) as in force immediately before the commencement of section 9 of the amending Act.

(2)On and from the commencement of section 7 of the amending Act, an application to which this section applies for—

(a)approval of a program or course as a teacher education course that has not been determined, is taken to be an application made to the Institute under section 2.6.6D for approval of the program or course of study as an initial teacher education program; or

(b)a variation of an approval of a program or course as a teacher education course that has not been determined, is taken to be an application made to the Institute under section 2.6.6D for variation of the approval of the program or course of study as an initial teacher education program; or

(c)a renewal of an approval of a program or course as a teacher education course that has not been determined, is taken to be an application made to the Institute under section 2.6.6F for renewal of the approval of the program or course of study as an initial teacher education program.

(3)In this section—

amending Act means the Education and Training Reform Amendment (Miscellaneous) Act 2021;

teacher education course means a course specified in—

(a)section 2.6.3(1)(b) as in force immediately before the commencement of section 5 of the amending Act; or

(b)section 2.6.68(2)(a) as in force immediately before the commencement of section 9 of the amending Act.

6.1.47Transitional provisions—Education and Training Reform Amendment (Miscellaneous) Act 2021—teacher qualifications

(1)On and from the commencement of section 8 of the amending Act, a person who obtained a qualification appropriate for entry to teaching approved by the Minister or obtained a qualification determined by the Institute to be equivalent to an approved qualification as specified in section 2.6.8(a)(i) as in force immediately before the commencement of section 8 of the amending Act is taken to have satisfactorily completed an initial teacher education program or a program or course of study leading to qualifications for entry to teaching that is determined by the Institute to be equivalent to an initial teacher education program.

(2)In this section—

amending Act means the Education and Training Reform Amendment (Miscellaneous) Act 2021.

6.1.48Transitional provisions—Education and Training Reform Amendment (Miscellaneous) Act 2021—provisional registration

(1)This section applies to a teacher—

(a)who is provisionally registered under section 2.6.10 as in force immediately before the commencement of section 10 of the amending Act and who has been provisionally registered for a period of 6 years or more (which may consist of consecutive or non-consecutive periods); and

(b)who, on or after the commencement of section 10 of the amending Act applies for a further period of provisional registration.

(2)Despite the commencement of section 10 of the amending Act, a teacher to whom this section applies may be granted a further provisional registration for a period not exceeding 24 months if the Institute reasonably believes that the teacher will be able to satisfy the standard of professional practice required for registration within that period.

(3)In this section—

amending Act means the Education and Training Reform Amendment (Miscellaneous) Act 2021.

6.1.49Transitional provisions—Education and Training Reform Amendment (Miscellaneous) Act 2021—inquiries and investigations

(1)An inquiry begun under Division 10 of Part 2.6 as in force immediately before the commencement of section 24 of the amending Act is, on and from the commencement of that section, taken to be a preliminary assessment under Division 10A of Part 2.6.

(2)An investigation begun under Division 11 of Part 2.6 as in force immediately before the commencement of section 26 of the amending Act is, on and from that commencement, taken to be an investigation under Division 11 of Part 2.6 as amended.

(3)In this section—

amending Act means the Education and Training Reform Amendment (Miscellaneous) Act 2021.

6.1.50Transitional provision—Education and Training Reform Amendment (Miscellaneous) Act 2021—standards

(1)The Accreditation of initial teacher education programs in Australia: Standards and Procedures, developed by the Australian Institute for Teaching and School Leadership, as in force immediately before the commencement of section 6 of the amending Act are, on and from the commencement of that section, taken to be standards approved by the Minister under section 2.6.5(2).

(2)In this section—

amending Act means the Education and Training Reform Amendment (Miscellaneous) Act 2021.

6.1.51Transitional and savings provision—Education and Training Reform Amendment (Miscellaneous) Act 2021—delegations

(1)A delegation made under section 2.6.67 as in force immediately before the commencement of section 34 of the amending Act—

(a)continues to have the same force and effect on and from the commencement of section 34 of the amending Act; and

(b)is taken, on and from the commencement of section 34 of the amending Act, to be a delegation made under section 2.6.67 as substituted by section 34 of the amending Act.

(2)A delegation made under section 2.6.33(3) as in force immediately before the commencement of section 26 of the amending Act—

(a)continues to have the same force and effect on and from the commencement of section 26 of the amending Act; and

(b)is taken, on and from the commencement of section 26 of the amending Act, to be a delegation made under section 2.6.67.

(3)In this section—

amending Act means the Education and Training Reform Amendment (Miscellaneous) Act 2021.".

Part 3—Repeal of this Act

38Repeal of this Act

This Act is repealed on the second anniversary of the day on which it receives the Royal Assent.

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: 9 December 2020

Legislative Council: 4 February 2021

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 further provide for the duties, functions and powers of the Victorian Institute of Teaching in relation to the approval of a program or course of study that leads to qualifying as a teacher, to amend the process for investigating the conduct, competence and fitness to teach of teachers and early childhood teachers, to make amendments in relation to teacher registration, to further provide for the disclosure and collection of information, to amend the Minister's powers to issue policies, guidelines or directions to the Victorian Institute of Teaching, to make consequential and other minor amendments and for other purposes."