Education and Training Reform Amendment Regulations 2019 (Vic)

Education and Training Reform Amendment Regulations 2019

S.R. No. 134/2019

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Definitions

5Definition of not-for-profit school

6Amendment to clause 17 of Schedule 4—School must be not‑for‑profit

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Endnotes

STATUTORY RULES 2019

S.R. No. 134/2019

Education and Training Reform Act 2006

Education and Training Reform Amendment Regulations 2019

The Governor in Council makes the following Regulations:

Dated: 10 December 2019

Responsible Minister:

JAMES MERLINO
Minister for Education

ANDREW ROBINSON

Acting Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Education and Training Reform Regulations 2017 to clarify that if money or property of a school is provided or used for the purposes of the conduct of an early learning centre that is a feeder for enrolments to the school, the school is not taken to be conducted for the purposes of profit or gain only because of the provision or use of that money or property.

2Authorising provisions

These Regulations are made under sections 5.10.1 and 5.10.2 of the Education and Training Reform Act 2006.

3Commencement

These Regulations come into operation on 20 January 2020.

4Definitions

(1)In regulation 5 of the Education and Training Reform Regulations 2017[1] insert the following definitions—

"early learning centre means a premises at which an approved education and care service (within the meaning of the Education and Care Services National Law (Victoria)) provides education and care to children, including in the year that is either 3 years or 2 years before grade 1 of school (within the meaning of the Education and Care Services National Law (Victoria)), and the service is not provided for the purpose of profit or gain;

government funding, in relation to a school, means money that is provided for the conduct of the school under an agreement or an arrangement with the State or the Commonwealth;".

(2)In regulation 5 of the Education and Training Reform Regulations 2017, in the definition of prohibited agreement or arrangement—

(a)in paragraph (b)(ii)(C), for "school;", substitute "school—";

(b)after paragraph (b) insert—

"but does not include an agreement or arrangement under which the proprietor of the school provides money (other than government funding) or property of the school to a person or entity to conduct an early learning centre that is a feeder for enrolments to the school;".

5Definition of not-for-profit school

After regulation 7(2) of the Education and Training Reform Regulations 2017 insert—

"(3)For the purposes of subregulation (1), a school is not conducted for the purposes of profit or gain only because the proprietor of the school—

(a)uses money (other than government funding) or property of the school to conduct an early learning centre that is a feeder for enrolments to the school; or

(b)provides money (other than government funding) or property to a person or entity to conduct an early learning centre that is a feeder for enrolments to the school.".

6Amendment to clause 17 of Schedule 4—School must be not‑for‑profit

After clause 17(2) of Schedule 4 to the Education and Training Reform Regulations 2017 insert—

"(3)Subclause (2) does not apply in relation to any money (other than government funding) or property of a registered school, which the proprietor of the school—

(a)uses to conduct an early learning centre that is a feeder for enrolments to the school; or

(b)provides to a person or entity to conduct an early learning centre that is a feeder for enrolments to the school.".

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Endnotes

[1] Reg. 4(1): S.R. No. 44/2017.