Education and Training Reform Amendment Regulations 2022 (Vic)
Education and Training Reform Amendment Regulations 2022
S.R. No. 6/2022
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provisions
3Commencement
4Principal Regulations
5Objectives
6Definitions
7Maximum age requirements for Government schools
8Heading to Division 1 of Part 7 substituted
9Minimum standards for registration to provide accredited senior secondary course
10Minimum standards for registration to award, confer or issue a senior secondary qualification
11Schedule 5—Information required for application for registration of a school
12Schedule 6—Information required for application to amend registration to include additional campus
13Schedule 7—Information required for application to amend registration to include additional year level of education
14Schedule 8—Minimum standards for registration to provide an accredited senior secondary course
15Schedule 9—Minimum standards for registration to award, confer or issue a registered senior secondary qualification
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Endnotes
STATUTORY RULES 2022
S.R. No. 6/2022
Education and Training Reform Act 2006
Education and Training Reform Amendment Regulations 2022
The Governor in Council makes the following Regulations:
Dated: 8 February 2022
Responsible Minister:
JAMES MERLINO
Minister for EducationALEXANDRA DEBELJAKOVIC
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Education and Training Reform Regulations 2017—
(a)to prescribe minimum standards for registration of a person, body or school—
(i)to provide an accredited senior secondary course or an accredited foundation secondary course; or
(ii)to award, confer or issue a registered senior secondary qualification or a registered foundation secondary qualification; and
(b)to make minor and technical amendments.
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 2 May 2022.
4Principal Regulations
In these Regulations, the Education and Training Reform Regulations 2017[1] are called the Principal Regulations.
5Objectives
For regulation 1(h) of the Principal Regulations substitute—
"(h)to prescribe minimum standards and procedures for registration of a person, body or school—
(i)to provide an accredited senior secondary course or an accredited foundation secondary course; or
(ii)to award, confer or issue a registered senior secondary qualification or a registered foundation secondary qualification; and".
6Definitions
(1)In regulation 5 of the Principal Regulations insert the following definitions—
"accredited foundation secondary course means a course pertaining to year 11 or 12 (other than a senior secondary course) leading to a foundation secondary qualification that is accredited by the Authority under Chapter 4 of the Act;
foundation secondary awarding body means a person or body that proposes to award, confer or issue a registered foundation secondary qualification;
foundation secondary course has the same meaning as it has in Chapter 4 of the Act;
foundation secondary education provider means a person, body or school providing, or proposing to provide, an accredited foundation secondary course;
foundation secondary qualifications has the same meaning as it has in Chapter 4 of the Act;
registered foundation secondary qualification means a foundation secondary qualification that is registered by the Authority as a registered qualification;
Note
Registered qualification is defined in section 1.1.3(1) of the Act.".
(2)In regulation 5 of the Principal Regulations —
(a)in the definition of accredited senior secondary course, for "year 11 or 12" substitute "year 11 or 12 (other than a foundation secondary course)";
(b)in the definition of registered provider, for "education course" substitute "course or an accredited foundation secondary course".
7Maximum age requirements for Government schools
(1)In regulation 17(2)(a) and (b) of the Principal Regulations, for "course" substitute "course or an accredited foundation secondary course".
(2)In regulation 17(2)(c)(ii) of the Principal Regulations—
(a)for "completing an accredited senior secondary course" substitute "completing an accredited senior secondary course or an accredited foundation secondary course";
(b)for "offering an accredited senior secondary course" substitute "offering an accredited senior secondary course or an accredited foundation secondary course (as the case requires)";
(c)for "offers an accredited senior secondary education course" substitute "offers an accredited senior secondary course or an accredited foundation secondary course (as the case requires)".
8Heading to Division 1 of Part 7 substituted
For the heading to Division 1 of Part 7 of the Principal Regulations substitute—
"Division 1—Minimum standards for senior secondary courses, senior secondary qualifications, foundation secondary courses and foundation secondary qualifications".
9Minimum standards for registration to provide accredited senior secondary course
(1)In the heading to regulation 86 of the Principal Regulations, after "course" insert "or an accredited foundation secondary course".
(2)In regulation 86 of the Principal Regulations, for "secondary course" (wherever occurring) substitute "secondary course or an accredited foundation secondary course".
10Minimum standards for registration to award, confer or issue a senior secondary qualification
(1)In the heading to regulation 87 of the Principal Regulations, after "qualification" insert "or a foundation secondary qualification".
(2)In regulation 87 of the Principal Regulations, for "secondary qualification" (wherever occurring) substitute "secondary qualification or a registered foundation secondary qualification".
11Schedule 5—Information required for application for registration of a school
In note 1 at the foot of Schedule 5 to the Principal Regulations, for "VCAL," substitute "VCAL, any accredited foundation secondary course such as the VPC,".
12Schedule 6—Information required for application to amend registration to include additional campus
In note 1 at the foot of Schedule 6 to the Principal Regulations, for "VCAL," substitute "VCAL, any accredited foundation secondary course such as the VPC,".
13Schedule 7—Information required for application to amend registration to include additional year level of education
In note 1 at the foot of Schedule 7 to the Principal Regulations, for "VCAL," substitute "VCAL, any accredited foundation secondary course such as the VPC,".
14Schedule 8—Minimum standards for registration to provide an accredited senior secondary course
(1)In the heading to Schedule 8 to the Principal Regulations, after "course" insert "or an accredited foundation secondary course".
(2)In clause 1(1) of Schedule 8 to the Principal Regulations, after "provider" insert "or a foundation secondary education provider".
(3)At the end of clause 2 of Schedule 8 to the Principal Regulations insert—
"(2)A foundation secondary education provider that provides, or proposes to provide, an accredited foundation secondary course must—
(a)deliver the course to the standards established by the awarding body for the qualification; and
(b)ensure that a student who satisfactorily completes all of the course requirements will be entitled to be awarded the registered qualification.".
(4)In clause 3(1) of Schedule 8 to the Principal Regulations, after "provider" insert "or a foundation secondary education provider".
(5)After clause 3(2) of Schedule 8 to the Principal Regulations insert—
"(3)If 2 or more foundation secondary education providers share the responsibility for providing an accredited foundation secondary course or its components to a student, each of those providers must have procedures in place to identify and satisfy the legal duties owed to the student while the student attends, travels between or undertakes an excursion with the providers.".
(6)In clause 4 of Schedule 8 to the Principal Regulations—
(a)in subclause (1)—
(i)for "education provider" substitute "education provider or a foundation secondary education provider";
(ii)in paragraph (c), for "qualification" substitute "qualification or the registered foundation secondary qualification (as the case requires)";
(b)in subclauses (2) and (3), after "provider" insert "or a foundation secondary education provider".
(7)In clause 5 of Schedule 8 to the Principal Regulations, after "provider" insert "or a foundation secondary education provider".
(8)In clause 6(1) and (2) of Schedule 8 to the Principal Regulations, for "education provider" substitute "education provider or a foundation secondary education provider".
(9)After clause 6(3) of Schedule 8 to the Principal Regulations insert—
"(3A)If a foundation secondary education provider is not the owner of the accredited foundation secondary course, the provider must—
(a)be authorised by the owner of the course to provide that course; and
(b) comply with the conditions relating to that authorisation.".
(10) After clause 6(4) of Schedule 8 to the Principal Regulations insert—
"(5)A foundation secondary education provider must not provide instruction in an accredited foundation secondary course at a school unless it is a registered school.".
15Schedule 9—Minimum standards for registration to award, confer or issue a registered senior secondary qualification
(1)In the heading to Schedule 9 to the Principal Regulations, after "qualification" insert "or a registered foundation secondary qualification".
(2)In clause 1 of Schedule 9 to the Principal Regulations, after "body" insert "or a foundation secondary awarding body".
(3)In clause 2 of Schedule 9 to the Principal Regulations—
(a)after "body" insert "or a foundation secondary awarding body";
(b)for "secondary course" (where twice occurring) substitute "secondary course or the accredited foundation secondary course (as the case requires)";
(c)in paragraph (c), after "qualification" insert "or the registered foundation secondary qualification (as the case requires)".
(4)In clauses 3, 4, 5 and 6 of Schedule 9 to the Principal Regulations, for "awarding body" substitute "awarding body or a foundation secondary awarding body".
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Endnotes
[1] Reg. 4: S.R. No. 44/2017 as amended by S.R. Nos 44/2017, 134/2019, 81/2020, 143/2020, 24/2021 and 25/2021.
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