Education and Training Reform Amendment (School Community Safety Orders) Regulations 2022 (Vic)

Education and Training Reform Amendment (School Community Safety Orders) Regulations 2022

S.R. No. 43/2022

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Objectives

5New Part 2A inserted

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Endnotes

STATUTORY RULES 2022

S.R. No. 43/2022

Education and Training Reform Act 2006

Education and Training Reform Amendment (School Community Safety Orders) Regulations 2022

The Governor in Council makes the following Regulations:

Dated: 15 June 2022

Responsible Minister:

JAMES MERLINO
Minister for Education

ALEXANDRA 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 information to be included in written notices of school community safety orders; and

(b)to prescribe matters with respect to which the Minister may make guidelines for the purposes of the school community safety order scheme in Part 2.1A of the Education and Training Reform Act 2006.

2Authorising provisions

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

3Commencement

These Regulations come into operation on 28 June 2022.

4Objectives

After regulation 1(l) of the Education and Training Reform Regulations 2017[1] insert—

"(la)to prescribe information and matters for the purposes of the school community safety order scheme; and".

5New Part 2A inserted

After Part 2 of the Education and Training Reform Regulations 2017 insert—

"Part 2A—School community safety orders

11APrescribed matters that must be stated in an immediate school community safety order

For the purposes of section 2.1A.7(1)(k) of the Act, the prescribed information is—

(a)a description of the behaviour of the person to whom the order applies that the authorised person believes has satisfied the grounds on which the immediate school community safety order has been made; and

(b)the effect of section 2.1A.12(1) and (2) of the Act.

11BPrescribed matters that must be stated in an ongoing school community safety order

For the purposes of section 2.1A.20(1)(k) of the Act, the prescribed information is—

(a)a description of the behaviour of the person to whom the order applies that the authorised person believes has satisfied the grounds on which the ongoing school community safety order has been made; and

(b)the reasons for the decision to make the ongoing school community safety order which, if applicable, address any submissions made in accordance with section 2.1A.21 of the Act by or on behalf of the person to whom the ongoing school community safety order applies.

11CMinisterial guidelines—prescribed matters

For the purposes of section 2.1A.37(1)(l) of the Act, the following matters are prescribed—

(a)the training that authorised persons are required to undertake in relation to school community safety orders (generally or in particular circumstances);

(b)the training that reviewers are required to undertake in relation to school community safety orders (generally or in particular circumstances);

(c)the keeping of records related to school community safety orders, including the form, retention period and security measures required for such records;

(d)the requirements for reporting school community safety orders, including reporting requirements for authorised persons, reviewers, schools or the Secretary, and the form, frequency and content of such reports;

(e)matters that must be set out in a communication and access protocol in accordance with section 2.1A.13(2)(c) or 2.1A.23(2)(c) of the Act;

(f)the interaction between school community safety orders and other legislative schemes;

(g)matters that may be considered or actions that may be undertaken by authorised persons or schools after a school community safety order has been made;

(h)circumstances in which the grounds for the making of immediate school community safety orders apply.".

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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, 25/2021 and 6/2022.