Education and Training Reform Amendment (Regulation of Student Accommodation) Act 2020 (Vic)
Education and Training Reform Amendment (Regulation of Student Accommodation) Act 2020
No. 33 of 2020
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Principal Act
Part 2—Amendments to the Education and Training Reform Act 2006 in relation to school boarding premises
4Purpose
5Definitions
6Functions of Authority
7New Division 1A inserted in Part 4.3
8Person may make a complaint to the Authority
9New section 4.7.1A inserted
10Information may be made available
11Powers of authorised officers
12Scope of regulations
13New section 6.1.44 inserted
14Schedule 5—Regulations
Part 3—Minor Amendments to the Education and Training Reform Act 2006
Division 1—Minor amendments relating to early childhood teachers
15Eligibility of person to be employed as a teacher or an early childhood teacher
16Unregistered early childhood teachers
17Offence to employ unregistered person for early childhood teacher requirements
Division 2—Statute law revision and other minor amendments
18 Statute law revision and other minor amendments
Part 4—Amendments to the Child Wellbeing and Safety Act 2005
19Amendment to Schedule 2
20Amendment to Schedule 4
Part 5—Repeal of this Act
21 Repeal of this Act
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Endnotes
1 General information
Education and Training Reform Amendment (Regulation of Student Accommodation) Act 2020
No. 33 of 2020
[Assented to 4 November 2020]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The purposes of this Act are—
(a)to amend the Education and Training Reform Act 2006—
(i)to provide for the registration of premises at which accommodation services are provided to students enrolled at or attending a registered school; and
(ii)to make minor amendments to that Act; and
(b)to make related consequential amendments to the Child Wellbeing and Safety Act 2005.
2Commencement
(1)This Part and Division 2 of 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 referred to in subsection (2) does not come into operation before 28 June 2021, it comes into operation on that day.
3Principal Act
In Parts 2 and 3, the Education and Training Reform Act 2006 is called the Principal Act.
Part 2—Amendments to the Education and Training Reform Act 2006 in relation to school boarding premises
4Purpose
In section 1.1.1(2)(c) of the Principal Act, for "and home schooling" substitute ", school boarding premises and home schooling".
5Definitions
(1)In section 1.1.3(1) of the Principal Act—
(a)in the definition of registered school, for "Part 4.3" substitute "Division 1 of Part 4.3";
(b)in the definition of school, after paragraph (a) insert—
"(ab)a school boarding premises;".
(2)In section 1.1.3(1) of the Principal Act insert the following definitions—
"accommodation services means services that include meal, laundry and cleaning services;
Government school boarding premises means a school boarding premises at which school boarding services are provided by or on behalf of a Government school;
non-government school boarding premises means a school boarding premises other than a Government school boarding premises;
Note
These school boarding premises include premises at which school boarding services are provided by or on behalf of a non-Government school or by a person that is not a school.
prescribed minimum standards for registration of school boarding premises means the minimum standards prescribed by the regulations under section 4.3.8C(1)(b) or prescribed by section 4.3.8C(2) relating to school boarding premises and the school boarding services provided at those premises;
provider of school boarding services means a person who conducts a school boarding premises including the provision of school boarding services at the premises;
registered school boarding premises means a school boarding premises registered under Division 1A of Part 4.3;
school boarding premises means a premises at which school boarding services are provided or intended to be provided by a person for a fee or reward but does not include any of the following premises—
(a)a premises at which accommodation services are provided under homestay arrangements by a person who resides at the premises to no more than 3 students who are enrolled at or attend or intend to enrol at or attend a registered school;
(b)a premises or place at which camping facilities, including accommodation services, are provided on a short-term basis to students of a registered school who are required by the school to attend the premises or place as part of instruction in a key learning area or an extracurricular activity of the school;
(c)a premises that is prescribed not to be a school boarding premises;
(d)a premises at which accommodation services are provided by a prescribed person or body;
Note
Premises will not fall within the definition of school boarding premises if the accommodation services provided at the premises are not provided for the primary purpose of enabling or facilitating a person to enrol at or attend a registered school. Examples of accommodation services that are not provided primarily for that purpose include the following—
(a) accommodation services provided by a parent (see the wide definition of parent in section 1.1.3(1);
(b) accommodation services provided at a youth justice centre or a youth residential centre within the meaning of the Children, Youth and Families Act 2005;
(c) accommodation services that are provided as part of respite care within the meaning of the Aged Care Act 1997 of the Commonwealth;
(d) accommodation services that are facilitated, provided or regulated by the Department of Health and Human Services including the following—
(i)out of home care services or secure welfare services within the meaning of the Children, Youth and Families Act 2005;
(ii)accommodation provided at an NDIS dwelling within the meaning of the Disability Act 2006;
(iii)accommodation that is a residential service within the meaning of the Disability Act 2006;
(iv)accommodation services provided at a residential care service within the meaning of the Health Services Act 1988.
school boarding services means accommodation services provided for the primary purpose of enabling or facilitating a person to enrol at or attend a registered school;
student in Division 1A of Part 4.3 means a person who is enrolled at or who attends a registered school or who intends to enrol at or attend a registered school;".
6Functions of Authority
(1)In section 4.2.2(1) of the Principal Act—
(a)after paragraph (a) insert—
"(ab)register school boarding premises;";
(b)after paragraph (i)(ii) insert—
"(iia)registered school boarding premises;";
(c)in paragraph (nb), after "training" insert "or school boarding premises";
(d)after paragraph (nd)(ii) insert—
"(iii)a provider of school boarding services;".
(2)In section 4.2.2(2) of the Principal Act—
(a)in paragraph (a), after "schools" insert "and school boarding premises";
(b)in paragraph (b), after "schools" insert "and school boarding premises".
7New Division 1A inserted in Part 4.3
After Division 1 of Part 4.3 of the Principal Act insert—
"Division 1A—Registration of school boarding premises
4.3.8BApplication for registration of school boarding premises
(1)The Authority may register a school boarding premises under this Division.
(2)The following persons may apply to the Authority for registration of a school boarding premises—
(a)in the case of a school boarding premises at which school boarding services are to be provided by or on behalf of a registered Government school, the Secretary;
(b)in any other case, the person who proposes to establish and conduct the school boarding premises and provide school boarding services at the premises.
(3)An application to the Authority must be made in the prescribed manner and contain the prescribed particulars and information and be accompanied by any fee fixed by the Minister.
(4)The Authority may require the applicant to provide further information or material in respect of the application that the Authority reasonably requires.
4.3.8CAuthority must not register school boarding premises unless satisfied of certain matters
(1)The Authority must not register a school boarding premises unless the Authority is satisfied that—
(a)the policies of the provider of school boarding services at the premises relating to the discipline of students who are boarding at the premises are based on principles of procedural fairness and do not permit corporal punishment; and
(b)the provider of school boarding services at the premises has ensured that the premises and those services comply with the minimum standards for registration of school boarding premises that are prescribed by the regulations or by this Act including standards relating to the following—
(i)the provider's acceptance policies for students who wish to board at the premises;
(ii)the welfare of students boarding at the premises;
(iii)governance of the provider of school boarding services at the premises;
(iv)the probity of the provider of school boarding services at the premises and any person responsible for managing the premises;
(v)processes for the review and evaluation of the premises and the school boarding services to be provided at the premises; and
(c)if the provider of school boarding services at the premises has accepted a student to board at the premises and knows, or ought reasonably to know, that the student has been diagnosed as being at risk of anaphylaxis, the provider has developed an anaphylaxis management policy containing matters required by a Ministerial Order to be included in the policy; and
(d)the provider of school boarding services at the premises has developed policies, procedures, measures and practices in accordance with a Ministerial Order for managing the risk of child abuse including—
(i)the implementation of minimum standards for a child safe environment; and
(ii)responding to allegations of child abuse committed against a child at the premises by an employee or contractor of the provider or a person boarding at the premises or a volunteer or other person connected with the premises.
(2)The requirements in subsection (1)(a), (c) and (d) are prescribed minimum standards for registration of school boarding premises.
Note
Prescribed minimum standards for registration of school boarding premises may also be prescribed by the regulations under subsection (1)(b).
4.3.8D Conditions of registration
(1)The Authority may impose reasonable conditions on the registration of a school boarding premises to take effect for the whole or any part of the period of registration.
(2)It is a condition of registration of a non‑government school boarding premises that the provider of school boarding services at the premises and any person involved in the management of the provider or in the operation of the premises must comply with any requirements of the Authority for the purposes of the monitoring or the assessment of the provider's financial capabilities conducted by the Authority in accordance with section 4.3.8E.
Note
The Authority may impose a condition under section 4.3.8E(3)(b) on the registration of a non‑government school boarding premises requiring the provider of school boarding services at the premises to put in place a protection scheme for school boarding fees if the provider is assessed by the Authority as being financially unviable or at risk of becoming financially unviable.
(3)It is a condition of registration of a school boarding premises that the provider of school boarding services at the premises or any person involved in the management of the provider or in the operation of the premises participates in the review and evaluation process under this Division unless section 4.3.8F(c) applies.
4.3.8EAuthority may assess the financial capability of providers of school boarding services at registered non-government school boarding premises
(1)The Authority may at any time monitor, or conduct an assessment of, the financial capabilities of the provider of school boarding services at a non-government school boarding premises registered under this Division.
(2)The Authority must conduct any monitoring or assessment under subsection (1) in accordance with the regulations and the guidelines issued under section 4.3.8Z.
(3)If a provider of school boarding services at a non-government school boarding premises is assessed by the Authority as being financially unviable or at risk of becoming financially unviable, the Authority may do one or more of the following—
(a)report to parents of students boarding at the premises on the result of the assessment, including the areas in which the provider is no longer financially viable;
(b)in accordance with any Ministerial Order, impose a condition of registration on the premises that the provider put a protection scheme in place for fees that have been paid or are to be paid to the provider in accordance with that Ministerial Order.
(4)In this section—
fee includes any of the following—
(a)a fee for the school boarding services provided to a student at a non-government school boarding premises;
(b)a fee for an activity undertaken by a student within or outside of a non‑government school boarding premises that is supervised by the provider of school boarding services at the premises;
(c)a refundable amount of money paid to the provider of school boarding services at a non-government school boarding premises in connection with the provision of school boarding services at the premises.
4.3.8FCompliance with minimum standards for registration of school boarding premises
The Authority may satisfy itself whether or not the provider of school boarding services at a registered school boarding premises has ensured that the premises or those services continue to comply with the prescribed minimum standards for registration of school boarding premises on the basis of—
(a)the conduct of a review and evaluation of the operation of the premises by the Authority under section 4.3.8G or 4.3.8H; or
(b)a report from—
(i)in the case of a Government school boarding premises, the Secretary; and
(ii)in the case of a non-government school boarding premises, the provider of the school boarding services at that premises; or
(c)a report of the conduct of a review and evaluation by a person or body approved by the Authority to review a registered school boarding premises or a group of registered school boarding premises.
4.3.8GGeneral review of operation of registered school boarding premises by Authority
(1)The Authority may arrange for a review and evaluation of the operation of a registered school boarding premises in accordance with this section and section 4.3.8I.
(2)The Authority at any time may conduct a general review of the operation of a registered school boarding premises to determine whether the provider of school boarding services at the premises has ensured—
(a)that the premises and those services have complied and continue to comply with the prescribed minimum standards for registration of school boarding premises; and
(b)whether or not the premises and those services have complied with any condition imposed on the registration of the premises by the Authority or under this Division.
4.3.8HSpecific review of operation of registered school boarding premises by Authority
(1)In addition to conducting a general review and evaluation under section 4.3.8G, the Authority may arrange for a specific review and evaluation of the operation of a registered school boarding premises in accordance with this section and section 4.3.8I.
(2)The Authority may at any time arrange for a specific review and evaluation of the operation of a registered school boarding premises to determine if the provider of school boarding services at the premises has ensured that the premises and those services continue to comply with a prescribed minimum standard for registration of school boarding premises if the Authority believes on reasonable grounds that—
(a)there are matters concerning the safety of students boarding at the premises that require urgent action to be taken by the provider; or
(b)in the case of a non-government school boarding premises, the provider of school boarding services at the premises is financially unviable or may soon become financially unviable; or
(c)exceptional circumstances exist at the premises that justify a specific review and evaluation of the operation of the premises being undertaken by the Authority.
(3)For the purposes of subsection (2)(c), exceptional circumstances include, but are not limited to—
(a)a serious non-compliance with a prescribed minimum standard for registration of school boarding premises; and
(b)the repeated non-compliance with a prescribed minimum standard for registration of school boarding premises.
4.3.8IProvider of services at registered school boarding premises to provide information to Authority
The Authority, by notice in writing, may require the provider of school boarding services at a registered school boarding premises that is subject to a review and evaluation under section 4.3.8G or 4.3.8H or any person involved in the management of the provider or the operation of the premises—
(a)to provide, in accordance with directions in the notice, to the Authority any information about the management of the provider or the operation of the premises relevant to one or more of the prescribed minimum standards for registration of school boarding premises that is specified in the notice; or
(b)to produce to the Authority any records relevant to those matters that are specified in the notice and permit the Authority to examine the records and to make copies of those records.
4.3.8JUndertakings by provider of school boarding services
(1)The Authority may accept a written undertaking given by the provider of school boarding services at a registered school boarding premises, which is the subject of a review and evaluation of its operation under section 4.3.8G or 4.3.8H, in connection with any matter—
(a)in relation to which the Authority has a power or function under this Act; or
(b)relating to non-compliance of the premises with a prescribed minimum standard for registration of school boarding premises.
(2)For the avoidance of doubt, a provider of school boarding services may give an undertaking under this section to establish a trust fund into which students' fees (within the meaning of section 4.3.8E(4)) are paid and setting out the circumstances in which funds may be withdrawn from that trust fund.
(3)An undertaking given under this section or a court order made under section 4.3.8M must not be inconsistent with this Act, the regulations or a prescribed minimum standard for registration of school boarding premises.
(4)A provider of school boarding services may withdraw or vary an undertaking at any time after obtaining the consent of the Authority.
4.3.8KCopy of undertaking
The Authority must give a copy of an undertaking given under section 4.3.8J to the provider of school boarding services who gave the undertaking.
4.3.8LRegister of undertakings
The Authority must—
(a)maintain a register of undertakings; and
(b)register each undertaking given under section 4.3.8J in the register of undertakings.
4.3.8MAuthority may apply for Court order if undertaking breached
(1)If the Authority considers that a provider of school boarding services has breached any of the terms of an undertaking given by the provider under section 4.3.8J, the Authority may apply to the Magistrates' Court for an order under subsection (2).
(2)If the Magistrates' Court is satisfied that the provider of school boarding services has breached a term of the undertaking, the Magistrates' Court may make all or any of the following orders—
(a)an order directing the provider to comply with the term of the undertaking;
(b)any other order that the Magistrates' Court considers appropriate.
(3)If a body corporate is found to have breached an undertaking given under section 4.3.8J—
(a)each officer of the body corporate is deemed to have breached the undertaking if the officer knowingly authorised or permitted the breach; and
(b)the Magistrates' Court may make all or any of the orders set out in subsection (2) against the officer that the Magistrates' Court thinks appropriate.
4.3.8NInterim condition may be imposed on registered school boarding premises before review completed
(1)This section applies if the conduct of a review and evaluation of the operation of a registered school boarding premises under section 4.3.8G or 4.3.8H has commenced but has not been completed.
(2)The Authority may impose an interim condition on the registration of the premises if the Authority believes, on reasonable grounds, that the condition is urgently required to ensure that the provider of school boarding services at the premises ensures that the premises and those services continue to comply with the prescribed minimum standards for registration of school boarding premises.
(3)The Authority must give the provider of school boarding services at the premises a written notice stating the following—
(a)the interim condition proposed to be imposed on the registration of the premises;
(b)the reasons for the proposed condition;
(c)the time within which the provider may make submissions under subsection (4).
(4)The Authority must give the provider of school boarding services at the premises 3 business days within which the provider may make submissions to the Authority to show cause why the interim condition should not be imposed on the registration of the premises.
(5)The Authority must consider any submissions made in accordance with subsection (4) to the Authority by the provider.
(6)If the Authority decides to impose the interim condition on the registration of the premises, the Authority must give the provider of school boarding services at the premises a written notice stating the following—
(a)the interim condition imposed on the registration of the premises;
(b)the reasons for imposing the condition;
(c)when the condition is to be satisfied.
(7)The Authority, on the application of the provider of school boarding services at the premises, may extend the period within which submissions may be made under subsection (4).
4.3.8O Interim condition on school boarding premises to be reviewed at completion of review
(1)After a review and evaluation of the operation of a registered school boarding premises has been conducted under section 4.3.8G or 4.3.8H the Authority must review any interim condition imposed on the premises under section 4.3.8N in accordance with subsection (2).
(2)The Authority may—
(a)revoke the interim condition if the condition has been satisfied or, in the opinion of the Authority, the condition is no longer required; or
(b)confirm, subject to the provider of school boarding services at the school boarding premises making submissions under section 4.3.8P, that the condition is to continue to be imposed on the premises with or without variation.
(3)If the Authority revokes a condition under subsection (2)(a), the Authority must give written notice of that revocation to the provider of school boarding services at the school boarding premises, which takes effect when the notice is given to the provider.
(4)If the Authority confirms that a condition is to continue under subsection (2)(b), the condition is taken to be a condition imposed under section 4.3.8Q(2)(d).
4.3.8P Procedure after decision to take action in respect of registered school boarding premises
(1)If the Authority is satisfied, after the conduct of a review and evaluation of a registered school boarding premises under section 4.3.8G or 4.3.8H, that it is in the interests of the students boarding at the premises, or in the public interest, that the Authority should take any action referred to in section 4.3.8Q, the Authority may take that action in accordance with this section and section 4.3.8Q.
(2)Before making a determination to take an action the Authority must give to the provider of school boarding services at the school boarding premises a written notice stating the following—
(a)the action the Authority proposes to take;
(b)the reasons for taking that action;
(c)the time within which the provider may make submissions under subsection (3).
(3)The Authority must give the provider of school boarding services at the school boarding premises the following period (as the case requires) within which the provider may make submissions to the Authority and to the Minister to show cause why the proposed action should not be taken—
(a)in the case of a general review and evaluation, 28 business days after the provider receives notice of the action;
(b)in the case of a specific review and evaluation, 10 business days after the provider receives notice of the action.
(4)The Authority must—
(a)consider any submissions made to the Authority in accordance with subsection (3); and
(b)comply with any directions of the Minister given to the Authority after the Minister has considered any submissions made to the Minister about the proposed action.
(5)The Authority, on the application of the provider of school boarding services at the school boarding premises, may extend the period within which submissions may be made under subsection (3)(b).
4.3.8Q Action after review of a registered school boarding premises
(1)The Authority, after conducting a review and evaluation of the operation of a registered school boarding premises or considering the report of a person or body referred to in section 4.3.8F who has conducted a review and evaluation of the premises, may determine that the provider of school boarding services at the premises has not ensured that the premises and those services continue to comply with the prescribed minimum standards for registration of school boarding premises.
(2)If the Authority determines that the school boarding premises or the school boarding services no longer comply with the prescribed minimum standards for registration of school boarding premises, it may do any one or more of the following—
(a)suspend or cancel the registration of the premises;
(b)prohibit the provider of school boarding services at the premises from accepting any new students to board at the premises;
(c)require the provider of school boarding services at the premises to report to parents of students boarding at the premises that the premises does not comply with the prescribed minimum standards for registration of school boarding premises;
(d)impose conditions on the registration of the premises.
(3)The Authority may substitute an action (other than the cancellation of registration) under subsection (2) in relation to a school boarding premises with another action that is less onerous if the Authority considers that—
(a)the provider of school boarding services at the premises has partially complied with the requirements of the original action; and
(b)the substituted action is sufficient to ensure that the premises will comply with the prescribed minimum standards for registration of school boarding premises.
4.3.8R Authority may suspend or cancel registration of school boarding premises in other circumstances
(1)In addition to its power to suspend or cancel the registration of a school boarding premises under section 4.3.8Q(2)(a), the Authority may determine to suspend or cancel the registration of a non-government school boarding premises—
(a)in any of the following circumstances—
(i)the Authority is satisfied that the premises has ceased to operate as a school boarding premises;
(ii)the Authority has been notified by the provider of school boarding services at the premises that the premises will cease to operate as a school boarding premises within 30 days after that notification;
(iii)the provider of school boarding services at the premises is a natural person who has become an insolvent under administration;
(iv)the provider of school boarding services at the premises is a body corporate that has been compulsorily wound up or is subject to an order to be compulsorily wound up; and
(b)if the Authority is satisfied that it is in the best interests of students boarding at the premises, or in the public interest, to suspend or cancel the registration of the premises.
(2)Before making a determination under subsection (1) the Authority must—
(a)give to the provider of school boarding services at the premises a written notice stating—
(i)the action the Authority proposes to take; and
(ii)the reasons for taking that action; and
(iii)the time within which the provider may make submissions under paragraph (b); and
(b)give to the provider of school boarding services at the premises the following period within which the provider may make submissions to the Authority to show cause why the proposed action should not be taken—
(i)in the case of a proposed suspension of registration of the premises, 3 business days after the provider receives notice of the action;
(ii)in the case of a proposed cancellation of registration of the premises, 7 business days after the provider receives notice of the action; and
(c)consider any submissions made to the Authority within the specified time under paragraph (b).
(3)The Authority, on the application of the provider of school boarding services at the non-government school boarding premises, may extend the period within which submissions may be made under subsection (2)(b).
4.3.8SAuthority must give notice to provider of school boarding services of action
(1)The Authority must give to the provider of school boarding services at a school boarding premises a written notice of a determination made under section 4.3.8Q or 4.3.8R to take an action in respect of the premises.
(2)An action by the Authority referred to in subsection (1) takes effect on the later of the following—
(a)when a notice under subsection (1) is given to the provider;
(b)on any later date specified in the notice.
4.3.8TProvider of school boarding services must give notice of action taken in relation to school boarding premises to students' parents
The provider of school boarding services at a school boarding premises must notify the parents of each student who is boarding at the premises of any notice under section 4.3.8S(1) given to the provider of a determination of the Authority to suspend or cancel the registration of the premises or to impose a condition on the registration of the premises as soon as is practicable after receiving the notice.
4.3.8UAuthority to notify parents of its actions if provider does not notify them
If the Authority becomes aware that a provider of school boarding services at a school boarding premises has not notified parents of students boarding at the premises of the matters referred to in section 4.3.8T, the Authority must notify the parents of those matters as soon as is practicable.
4.3.8VReports relating to registered school boarding premises
(1)The provider of school boarding services at a registered school boarding premises must provide to the Authority, in accordance with the regulations, a report containing the information required by the regulations.
(2)The Authority may authorise a person or body, which is approved by the Authority, to review a registered school boarding premises or a group of registered school boarding premises, to provide a report required by subsection (1) for the premises or group of registered school boarding premises that the person or body is approved to review.
(3)A person must not wilfully provide any false or misleading information in a report under this section.
Penalty:5 penalty units.
4.3.8W Notice of registration of school boarding premises to be displayed
The provider of school boarding services at a registered school boarding premises must ensure that there is legibly printed or painted in a conspicuous place near the main entrance to the premises—
(a)the name of the premises; and
(b)the name of the provider; and
(c)a statement of the fact that the premises is registered.
4.3.8XProviders of school boarding services must keep record of location of students
The provider of school boarding services at a registered school boarding premises must ensure that a record is kept at the premises of the location of every student boarding at the premises at any time of the day or night in accordance with the regulations.
Penalty:5 penalty units.
4.3.8YRegister of school boarding premises
(1)The Authority must make and keep a record of the school boarding premises that are registered by the Authority in a division of the State Register.
(2)The record of registered school boarding premises must include—
(a)the name of the premises; and
(b)the name of the provider of school boarding services at the premises.
4.3.8Z Authority may issue guidelines
(1)The Authority may from time to time issue guidelines in relation to the following—
(a)the matters referred to in sections 4.3.8C and 4.3.8D;
(b)the monitoring and conducting of assessments of the financial capabilities of providers of school boarding services at non-government school boarding premises registered under this Division.
(2)The guidelines must not be inconsistent with this Act, the regulations or a Ministerial Order.
(3)The guidelines may apply, adopt or incorporate any matter contained in any document issued or published by a body or person—
(a)whether wholly or partially or as amended by the guidelines; or
(b)as issued or published at the time that the guidelines are issued or at any time before then; or
(c)as amended from time to time.
(4)The Authority must publish any guidelines issued under this section as soon as practicable in the Government Gazette.
(5)Without limiting section 4.3.8C(2), the regulations may require a registered school boarding premises and the school boarding services provided at the premises to comply with any guidelines issued under this section that apply to the premises.".
8Person may make a complaint to the Authority
For section 4.6A.7(1) of the Principal Act substitute—
"(1)A person (the complainant) may make a complaint to the Authority alleging that a person, body, school or institution registered or approved under Part 4.3 or 4.5A or a provider of school boarding services at a registered school boarding premises (the provider) or a parent responsible for the home schooling of a student registered under section 4.3.9 has failed to comply with this Act, the regulations, a Ministerial Order or a condition of the registration or approval.".
9New section 4.7.1A inserted
After section 4.7.1 of the Principal Act insert—
"4.7.1A Person may not conduct an unregistered school boarding premises
A person must not carry on or conduct a school boarding premises unless the school boarding premises is registered under Part 4.3.
Penalty:10 penalty units.".
10Information may be made available
In section 4.9.4(1AAA) of the Principal Act—
(a)for "school complies" substitute "school, a school boarding premises or the school boarding services provided at that premises comply";
(b)after "schools" insert "or the prescribed minimum standards for registration of school boarding premises".
11Powers of authorised officers
(1)In section 5.8.3(3) of the Principal Act—
(a)for "working hours" substitute "working hours (except in the case of a school boarding premises in which case the hours of entry are between 7 a.m. and 9 p.m.)";
(b)in paragraph (a), after "school" insert "or a school boarding premises";
(c)for paragraph (f) substitute—
"(f)in the case of a premises referred to in paragraph (a), may do any of the following—
(i)make any inquiries;
(ii)inspect or examine the attendance register of a school or the location records of students boarding at a school boarding premises;
(iii)inspect and examine any documents relating to the prescribed minimum standards for registration of schools or the prescribed minimum standards for registration of school boarding premises;
(iv)take copies or extracts from any documents that have been inspected or examined; and".
(2)In section 5.8.3(4) of the Principal Act, after "residential premises" insert "(other than a school boarding premises)".
12Scope of regulations
For section 5.10.2(4)(a)(ii) of the Principal Act substitute—
"(ii)to all schools, early childhood services or school boarding premises or to a specified school, early childhood service or school boarding premises or a specified class of school, early childhood service or school boarding premises;".
13New section 6.1.44 inserted
After section 6.1.43 of the Principal Act insert—
"6.1.44 Transitional provisions relating to the Education and Training Reform Amendment (Regulation of Student Accommodation) Act 2020
(1)A premises that was being conducted as a school boarding premises immediately before the commencement day is taken, on and from that day, to be a registered school boarding premises.
(2)The provider of school boarding services at a school boarding premises referred to in subsection (1) must provide to the Authority within 3 months after the commencement day—
(a)an assessment as to the compliance of the premises and school boarding services with each of the prescribed minimum standards for registration of school boarding premises; and
(b)a statutory declaration made by the provider, which must accompany the assessment and which confirms the veracity of the information contained in the assessment.
(3)An assessment under subsection (2)(a) must be in a form approved by the Authority.
(4)If the provider of school boarding services at a school boarding premises referred to in subsection (1) does not provide the Authority with an assessment and statutory declaration in accordance with subsections (2) and (3), the premises ceases to be taken to be a registered school boarding premises for the purposes of this Act at the end of the period of 6 months after the commencement day unless the Authority decides to conduct a review and evaluation under section 4.3.8G or 4.3.8H of the operation of the premises during that period.
(5)In this section—
commencement day means the day on which section 7 of the Education and Training Reform Amendment (Regulation of Student Accommodation) Act 2020 comes into operation.".
14Schedule 5—Regulations
In item 1.2 of Schedule 5 to the Principal Act, after "schools" insert "and Government school boarding premises".
Part 3—Minor Amendments to the Education and Training Reform Act 2006
Division 1—Minor amendments relating to early childhood teachers
15Eligibility of person to be employed as a teacher or an early childhood teacher
For section 2.3.9(3) of the Principal Act substitute—
"(3)A person is not eligible to be employed by a school council as an early childhood teacher in an early childhood service unless the person is registered as an early childhood teacher under Division 3A of Part 2.6.".
16Unregistered early childhood teachers
(1)In section 2.6.56A(1) of the Principal Act—
(a)in paragraph (b), for "guidelines; or" substitute "guidelines.";
(b)paragraph (c) is repealed.
(2)In section 2.6.56A(2)(b) of the Principal Act, for "a teaching staff member" substitute "an early childhood teacher".
17Offence to employ unregistered person for early childhood teacher requirements
(1)For section 2.6.56B(1) of the Principal Act substitute—
"(1)A person or body must not employ or engage a person in an early childhood service for the purpose of meeting requirements under the national regulations for attendance of or
access to early childhood teachers unless the person is a registered early childhood teacher.
Penalty:120 penalty units.".
(2)In section 2.6.56B(2) of the Principal Act, for "teaching staff members" substitute "early childhood teachers".
(3)In section 2.6.56B(3) of the Principal Act—
(a)in paragraph (b), for "requirements; or" substitute "requirements.";
(b)paragraph (c) is repealed.
(4)In section 2.6.56B(4) of the Principal Act—
(a)omit "or teaching staff member";
(b)in paragraph (b), for "a teaching staff member" substitute "an early childhood teacher".
Division 2—Statute law revision and other minor amendments
18Statute law revision and other minor amendments
(1)In section 4.3.3(2)(b) of the Principal Act omit "whether or not".
(2)In section 4.3.3(3)(b) of the Principal Act, for "examination of the records and the making of copies of those records" substitute "the Authority to examine the records and make copies of those records".
(3)In section 4.3.3A(1)(b) of the Principal Act, after "non-compliance" insert "of the school".
(4)In section 4.3.3A(2) of the Principal Act, after "registration" insert "of schools".
(5)In section 4.3.3E(5) of the Principal Act, after "made" insert "in accordance with subsection (4)".
(6)In section 4.3.3G(4)(a) of the Principal Act, after "made" insert "in accordance with subsection (3)".
(7)In the heading to section 4.3.4 of the Principal Act, after "review" insert "of a registered school".
(8)In section 4.3.4(1) of the Principal Act, after "person" insert "or body".
(9)In the heading to section 4.3.5 of the Principal Act, for "from" substitute "relating to".
(10)In section 4.3.16(2A)(b)(i) of the Principal Act, for "Category" substitute "category".
(11)In section 4.3.21(3)(e)(i) of the Principal Act, for "Category" substitute "category".
(12)In the heading to section 4.6A.1 of the Principal Act, for "Part" substitute "Division".
Part 4—Amendments to the Child Wellbeing and Safety Act 2005
19Amendment to Schedule 2
For item 7 of Schedule 2 to the Child Wellbeing and Safety Act 2005 substitute—
"7An applicable entity that is a provider of school boarding services within the meaning of the Education and Training Reform Act 2006.".
20Amendment to Schedule 4
For item 3 of Schedule 4 to the Child Wellbeing and Safety Act 2005 substitute—
"3An applicable entity that is a provider of school boarding services within the meaning of the Education and Training Reform Act 2006.".
Part 5—Repeal of this Act
21Repeal of this Act
This Act is repealed on 28 June 2022.
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: 4 March 2020
Legislative Council: 18 June 2020
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 provide for the registration of premises at which accommodation services are provided to students enrolled at or attending registered schools and to make minor amendments to that Act and related consequential amendments to the Child Wellbeing and Safety Act 2005 and for other purposes."
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