Education and Training Reform Amendment (Victorian Academy of Teaching and Leadership) Act 2021 (Vic)

Education and Training Reform Amendment (Victorian Academy of Teaching and Leadership) Act 2021

No. 32 of 2021

table of provisions

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Principal Act

Part 2—Amendment of Education and Training Reform Act 2006

4New Part 2.6A inserted

5Minister's general powers

6Secretary's powers of employment

7Schedule 2—General provisions for authorities

8Chapter 6—Repeals, amendments, savings and transitionals

9New Part 6.2 inserted

Part 3—Repeal of this Act

10Repeal of this Act

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Endnotes

1      General information

Education and Training Reform Amendment (Victorian Academy of Teaching and Leadership) Act 2021

No. 32 of 2021

[Assented to 14 September 2021]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purpose

The main purpose of this Act is to amend the Education and Training Reform Act 2006 to establish the Victorian Academy of Teaching and Leadership.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 January 2022, 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—Amendment of Education and Training Reform Act 2006

4New Part 2.6A inserted

After Part 2.6 of the Principal Act insert—

"Part 2.6A—Victorian Academy of Teaching and Leadership

2.6A.1Definitions

In this Part—

Academy means the Victorian Academy of Teaching and Leadership established under section 2.6A.2;

early childhood teacher has the meaning given by section 2.6.1;

teacher has the meaning given by section 2.6.1.

2.6A.2Establishment of the Academy

(1)The Victorian Academy of Teaching and Leadership is established.

(2)The Academy—

(a)is a body corporate with perpetual succession; and

(b)has a common seal; and

(c)may sue and be sued in its corporate name; and

(d)may acquire, hold, use and dispose of real, intellectual and personal property (other than an estate in fee simple); and

(e)may do and suffer all acts and things that a body corporate may by law do and suffer.

2.6A.3Common seal

(1)The common seal of the Academy—

(a)must be kept in custody as directed by the Academy; and

(b)must not be used except as authorised by the Academy.

(2)All courts must take judicial notice of the common seal of the Academy affixed to a document and, until the contrary is proved, must presume that it was duly affixed.

2.6A.4Objectives of the Academy

The objectives of the Academy are—

(a)to improve outcomes for school students through the provision of specialised teaching and leadership excellence programs for exceptional teachers and school leaders; and

(b)to increase equity of access to professional learning to lift the quality of teaching across Victoria; and

(c)to provide a dedicated pathway for established exceptional teachers to contribute to school and system improvement; and

(d)to improve the quality of school leadership; and

(e)to raise public awareness of the capability and status of school leaders and teachers in the science and practice of teaching.

2.6A.5Functions of the Academy

(1)The functions of the Academy are—

(a)to provide advice to the Minister and the Department in relation to—

(i)school leadership; and

(ii)teaching and professional practice; and

(iii)professional learning; and

(b)to design and provide accredited and non-accredited professional learning programs for school leaders and teachers including specialised teaching and leadership excellence programs; and

(c)to develop and publish guidance materials and resources for use by providers of professional learning programs; and

(d)to evaluate the effectiveness and impact of the Academy's professional learning programs, including in relation to teaching practice and outcomes for students; and

(e)to work collaboratively with schools, community organisations, universities, post-compulsory education and training providers, professional associations and providers of professional learning programs to—

(i)identify the needs of the teaching profession; and

(ii)support and improve the delivery of the Academy's professional learning programs including its specialised teaching and leadership excellence programs; and

(f)to improve public confidence in the teaching profession and schools in Victoria through the promotion of the use of evidence-informed practice amongst school leaders and teachers; and

(g)any other function conferred on or delegated to the Academy by or under this or any other Act.

(2)For the purposes of subsection (1)(a), the Academy may advise the Minister or the Department on the Academy's own initiative or at the request of the Minister or the Department (as the case requires).

2.6A.6Powers of the Academy

(1)The Academy has power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, meeting its objectives or the performance of its functions including any function delegated to it.

(2)Without limiting subsection (1), the Academy may—

(a)enter into a joint venture with any other person or persons; and

(b)apply for, use, obtain, hold and dispose of, whether on its own behalf or jointly with any other person, any intellectual property rights; and

(c)assign or grant licences in respect of intellectual property rights, with or without charge; and

(d)enter into licences for the use of real property; and

(e)enter into contracts, agreements or arrangements, including for the commercial exploitation of intellectual property rights; and

(f)supply and sell goods and services on a commercial basis; and

(g)conduct research; and

(h)charge a fee for services provided by the Academy.

(3)The Academy, in the performance of its functions, may exercise its powers within or outside Victoria.

(4)This section does not limit any other power given to the Academy by any other provision of this Act.

2.6A.7Board of the Academy

(1)The Academy is to be governed by a Board of the Academy.

(2)The Board of the Academy—

(a)is responsible for the management of the affairs of the Academy; and

(b)may exercise any of the powers or functions of the Academy.

(3)The Board of the Academy consists of 7 members of whom—

(a)one is to be appointed as Chairperson by the Governor in Council on the recommendation of the Minister; and

(b)one is to be the Secretary or nominee of the Secretary; and

(c)one is to be a representative of ISV appointed by the Governor in Council; and

(d)one is to be a representative of the Catholic Education Commission appointed by the Governor in Council; and

(e)the remaining members are to be appointed by the Governor in Council.

(4)In recommending persons for appointment to the Board of the Academy, the Minister must be satisfied that—

(a)the persons recommended possess the skills, qualifications and experience that are relevant to enable the Academy to perform its functions; and

(b)the persons recommended include persons who have experience in the following areas—

(i)education, including a range of school education settings and sectors, vocational education and training, adult, community and further education and higher education;

(ii)education leadership;

(iii)management;

(iv)finance;

(v)law;

(vi)corporate governance; and

(c)the composition of the Board is a fair and balanced reflection of the diversity of the Victorian community.

(5)A member of the Board of the Academy may resign from office by delivering to the Governor in Council a signed letter of resignation.

(6)The Governor in Council may at any time remove a member from office.

2.6A.8Establishment of committees

(1)The Board of the Academy may from time to time, by instrument in writing, establish a committee—

(a)to assist the Academy in the performance of its functions; or

(b)to advise the Academy on matters relating to the performance of the Academy's functions; or

(c)to exercise any of the powers or functions of the Academy that are delegated to the committee by the Board.

(2)The Board of the Academy may, to facilitate the Academy's functions, appoint members to the committee including any person who is not a member of the Board.

(3)The Board of the Academy may make any provision with respect to the terms and conditions of appointment of members of a committee as the Board thinks fit.

(4)A member of a committee (other than a person referred to in subsection (5)) is entitled to receive the remuneration, fees and personal and travelling expenses that are fixed from time to time by the Board of the Academy.

(5)Subsection (4) does not apply to a member of a committee who holds a full-time Government office, or a full-time position in the public service, teaching service or with a statutory authority (other than a university).

(6)A committee may permit its members to participate in a particular meeting, or all meetings, by telephone, closed circuit television or other means of communication.

(7)The Board of the Academy may dissolve a committee if the Board determines that the committee is no longer required.

2.6A.9Provision and publication of advice by Academy

The Academy may publish advice provided under this Part, on its own initiative or at the request of the Minister or the Department, for the following purposes—

(a)the performance of its functions;

(b)a prescribed purpose;

(c)a purpose set out in a Ministerial Order.

2.6A.10Fees charged by the Academy

(1)The amount of any fee charged by the Academy under this Part must be paid into the Consolidated Fund.

(2)The Academy may waive or refund any fee charged under this Part if the Academy is satisfied that it is appropriate to do so.

2.6A.11Schedule 2

Schedule 2 has effect subject to any contrary intention in this Part.".

5Minister's general powers

After section 5.2.1(5) of the Principal Act insert—

"(6)The Victorian Academy of Teaching and Leadership must include in its annual report under the Financial Management Act 1994 in the period to which the report relates a copy of each direction that is given under subsection (3) to the Academy and that is expressed to apply to the Academy.".  

6Secretary's powers of employment

After section 5.3.1(2) of the Principal Act insert—

"(3)Staff employed for the purposes of Part 2.6A, in addition to any staff employed by the Secretary in the teaching service under Part 2.4, must be employed by the Secretary under Part 3 of the Public Administration Act 2004.".

7Schedule 2—General provisions for authorities

(1)After paragraph (e) in the definition of authority in clause 1 of Schedule 2 to the Principal Act insert—

"(f)the Victorian Academy of Teaching and Leadership;".

(2)In clause 13(4) of Schedule 2 to the Principal Act, for "the governing board" substitute "the Victorian Academy of Teaching and Leadership, the governing board".  

(3)In clause 14(2) of Schedule 2 to the Principal Act, for "the governing board" substitute "the Victorian Academy of Teaching and Leadership, the governing board".

8Chapter 6—Repeals, amendments, savings and transitionals

After the heading to Chapter 6 of the Principal Act insert—

"Part 6.1—Repeals, amendments, savings and transitionals".

9New Part 6.2 inserted

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

"Part 6.2—Education and Training Reform Amendment (Victorian Academy of Teaching and Leadership) Act 2021—Transfer of property, rights and liabilities

6.2.1Definitions

In this Part—

Academy means the Victorian Academy of Teaching and Leadership;

allocation statement means an allocation statement made under section 6.2.3;

appointed day means a day fixed under section 6.2.2 as the appointed day for the purposes of an allocation statement;

liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;

property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in personal property of any description, including intellectual property;

rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective.

6.2.2Appointed day

The Minister, by notice in the Government Gazette, may fix a day as the appointed day for the purposes of an allocation statement.

6.2.3Secretary to prepare allocation statement

(1)The Secretary must prepare a statement of the property, rights and liabilities of the State that are to be assigned from the State to the Academy.

(2)A proposed allocation statement under this section must be provided to the Minister for agreement.

(3)The Minister may agree to the proposed allocation statement if the Minister is satisfied that the property, rights and liabilities to be assigned relate to—

(a)the provision and development of professional learning for teachers and school leaders; or

(b)the conduct of research relating to professional learning for teachers and school leaders.

(4)If the Minister agrees to the proposed statement—

(a)the Minister must sign the statement; and

(b)the statement is an allocation statement for the purposes of this Part. 

6.2.4Property transferred to Academy

On the appointed day—

(a)all property and rights of the State that are allocated under an allocation statement to the Academy vest in the Academy; and

(b)all liabilities of the State that are allocated under an allocation statement to the Academy become liabilities of the Academy.

6.2.5Transfer subject to encumbrances

If under this Part property, rights and liabilities of the State referred to in section 6.2.3(1) vest in or become property, rights and liabilities of the Academy—

(a)the property and rights vest in the Academy subject to the encumbrances (if any) to which they were subject immediately before so vesting; and

(b)the rights to which the State was entitled in respect of those liabilities immediately before they became liabilities of the Academy, vest in the Academy.

6.2.6Substitution of party to agreement

If, under an allocation statement, the rights and liabilities of the State under an agreement are allocated to the Academy—

(a)the Academy becomes, on the appointed day, a party to the agreement in place of the State; and

(b)on and after the appointed day, the agreement has effect as if the Academy had always been a party to the agreement. 

6.2.7Proceedings

If, immediately before the appointed day, proceedings (including arbitration proceedings) relating to property, rights and liabilities of the State referred to in section 6.2.3(1) allocated to the Academy under the allocation statement, to which the State was a party, were pending or existing in any court or tribunal then, on and after the appointed day, the Academy is substituted for the State as a party to the proceedings and has the same rights in the proceedings as the State had.

6.2.8Taxes

No duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done because of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights, liabilities or obligations of the State.

6.2.9Validity of things done under this Part

Nothing effected by, or done or suffered under, this Part—

(a)is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or

(b)is to be regarded as placing any person in breach of, or as constituting a default under, any Act (other than the Charter of Human Rights and Responsibilities Act 2006) or other law or any provision in any agreement, arrangement or understanding including, but not limited to, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or

(c)is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of, or to terminate, any agreement or obligation; or

(d)is to be regarded as giving rise to any remedy for a party to a contract or as causing or permitting the termination of any contract because of a change in the beneficial or legal ownership of any property, right or liability; or

(e)is to be regarded as causing any contract to be void or otherwise unenforceable; or

(f)is to be regarded as frustrating any contract; or

(g)releases any surety or other obligor wholly or in part from any obligation.".

Part 3—Repeal of this Act

10Repeal of this Act

This Act is repealed on 1 January 2023.

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 June 2021

Legislative Council: 24 June 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 establish the Victorian Academy of Teaching and Leadership and for other purposes."