Education and Training Reform Regulations 2017 (Vic)

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Version No. 009

Education and Training Reform Regulations 2017

S.R. No. 44/2017

Version incorporating amendments as at


28 June 2022

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objectives

2Authorising provisions

3Commencement

4Revocations

5Definitions

6Definition of school—exempted bodies

7Definition of not-for-profit school

7ADefinition of prohibited agreement or arrangement

8Measurement of distances

Part 2—Compulsory school education

9Reasonable excuse—prescribed distance

10School enrolment notice

11School attendance notice

Part 2A—School community safety orders

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

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

11CMinisterial guidelines—prescribed matters

Part 3—Government school education

Division 1—Admission and attendance

12Admission

13School terms

14Temporary closure of schools

Division 2—Minimum and maximum age for Government school education

15Application of Division

Subdivision 1—Minimum age for Government school education

16Minimum age requirements for Government schools

Subdivision 2—Maximum age for Government school education

17Maximum age requirements for Government schools

18Maximum age requirements for English language Government schools or centres

Subdivision 3—Exemptions from age requirements

19Exemption from minimum age requirements—Government schools

20Exemption from maximum age requirements—Government schools

21Exemption from maximum age requirements—English language Government school or centre

22Period of exemption

Division 3—Student engagement

23Student engagement policy

24Corporal punishment not permitted

25Restraint from danger

26Implementation of student engagement policy

Part 3A—Government school boarding premises

26AStudent engagement policy

26BCorporal punishment not permitted

26CRestraint from danger

26DImplementation of student engagement policy

Part 4—Government school councils and parents' clubs

Division 1—Meetings and membership

27Ordinary meetings of school council

28Who is to preside at a meeting?

29Quorum of school council

30Decisions and voting

31Conflicts of interest

32Appointment of community members

33First council meeting—election of office bearers

34Extended leave of council member

35Removal of office bearer from office

36Extraordinary meeting of school council

37Public reporting meeting

Division 2—Sub-committees

38Sub-committees

Division 3—Delegations

39Delegation

40Record and terms of delegation

41Revocation or amendment of delegation

42Receipt of money by delegate

43Delegate to report to school council

44Ratification of actions of sub-committee

Division 4—Accounts and records

45Accounts

46Revenue and expenditure

47Financial statements to be made available

48Keeping and availability of records

Division 5—Employment

49Employment

Division 6—Common seal

50Common seal

Division 7—Parents' clubs

51Parents' clubs

52Request for formation

53Interim committee

54Funds

55Voluntary dissolution

56Voluntary dissolution procedures

57Automatic dissolution upon closure or merger of school

Division 8—Fundraising for Government schools

58Fundraising

59Funds to be held in trust

Part 5—Registration of schools

Division 1—Minimum standards for registration of schools

60Minimum standards for registration

61Exemption from curriculum framework standard

62Exemption from student enrolment numbers standard

63Exemption from school governance standard

Division 2—Application for registration of a school

64Timing of application for registration

65Particulars and information in application for registration

66Authority to be notified of changes to application information

Division 3—Application to amend registration of a school

67Application to amend registration

68Timing of application to amend registration

69Particulars and information in application to amend registration

70Authority to notify applicant of decision

Division 4—Reports to the Authority

71Information required in reports to Authority

Part 5A—Registration of school boarding premises

Division 1—Minimum standards for registration of school boarding premises

71AMinimum standards for registration

71BExemption from school boarding premises governance standard

Division 2—Application for registration of a school boarding premises

71CTiming of application for registration

71DParticulars and information in application for registration

71EAuthority to be notified of changes to application information

Division 3—Application to amend registration of a school boarding premises

71FApplication to amend registration

71GTiming of application to amend registration

71HParticulars and information in application to amend registration

71IAuthority to notify applicant of decision

Division 4—Reports to the Authority

71JInformation required in reports to Authority

Part 6—Home schooling

Division 1—Application for registration for home schooling

72Application for registration

73Requirement to provide further information to Authority

74Notice of decision regarding registration for home schooling

75State Register

Division 2—Requirements of registration for home schooling

76Requirements of instruction in home schooling

77Requirement to notify Authority of changes to circumstances

78Requirement to notify Authority annually of continuation of home schooling

79Requirement to provide information to Authority

80Requirement to notify Authority if student ceases to be home schooled

Division 3—Review of registration for home schooling

81Authority may review registration for home schooling

82Requirement to give notice to responsible parent and specify information to be provided

83Notice of outcome of review of registration for home schooling

Division 4—Cancellation of registration for home schooling

84Cancellation of registration initiated by the parent

85Notification of cancellation of registration by the Authority

Part 7—Registration of education and training organisations

Division 1—Minimum standards for senior secondary courses, senior secondary qualifications, foundation secondary courses and foundation secondary qualifications

86Minimum standards for registration to provide an accredited senior secondary course or an accredited foundation secondary course

87Minimum standards for registration to award, confer or issue a senior secondary qualification or a foundation secondary qualification

Division 2—Prescribed criteria for registration on the National Register as a training organisation

88Prescribed criteria for registration on the National Register as a training organisation

Division 3—Applications regarding registration of education and training organisations

89Notice of decision on application for registration

90Application to amend details of registration

91Notice of decision on application by RTO for amendment of registration

Division 4—Suspension or cancellation of registration

92Notice of decision to suspend or cancel registration

Part 8—Consumer protection in the vocational education and training sector

93Approval of dispute resolution and student welfare scheme

94RTO to disclose whether member of dispute resolution and student welfare scheme

95Requirements for operation of dispute resolution and student welfare scheme

96Revocation of approval of dispute resolution and student welfare scheme

Part 9—Role of Authority in investigating complaints

97Authority to investigate complaints of breach of principles

98Complaints that may be investigated

99Procedure for investigating a complaint

100Exception to complaint procedure

101Authority may refuse to investigate complaint

Part 10—Transport and travelling allowances

Division 1—Approved transport services

102Approval of transport services

103Designated transport areas

104Criteria for determining whether a school is appropriate for a student

105Transport of Government school students

106Transport of non-Government school students

107Short distance transport

108Failure of contractor

Division 2—Travelling allowances

109Determination of travelling allowances

110Grant of travelling allowance

111Purpose of travelling allowance

112Grant of travelling allowance in special circumstances

113Greater allowance for students with disabilities

Part 11—General matters

Division 1—Scholarships

114Scholarships

115Value of scholarship

Division 2—Government teaching service appeals

116Prescribed form for notices of appeal

Part 12—Savings and transitional provisions

117A for profit school registered before 1 July 2007 may continue to be conducted on a for profit basis

118Transitional provision—Authority must be notified of change of particulars

119Transitional provision—Minimum standards for registration of schools

120Transitional provision—Registration of student for home schooling

Schedule 1—Revocations

Schedule 2—School enrolment notice

Schedule 3—School attendance notice

Schedule 4—Minimum standards for registration of schools

Schedule 4A—Minimum standards for registration of school boarding premises

Schedule 5—Information required for application for registration of a school

Schedule 5A—Information required for application for registration of a school boarding premises

Schedule 6—Information required for application to amend registration to include additional campus

Schedule 7—Information required for application to amend registration to include additional year level of education

Schedule 8—Minimum standards for registration to provide an accredited senior secondary course or an accredited foundation secondary course

Schedule 9—Minimum standards for registration to award, confer or issue a registered senior secondary qualification or a registered foundation secondary qualification

Schedule 10—Criteria for registration on the National Register as a training organisation

Schedule 11

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 009

Education and Training Reform Regulations 2017

S.R. No. 44/2017

Version incorporating amendments as at


28 June 2022

Part 1—Preliminary

1Objectives

The objectives of these Regulations are—

(a)to regulate the conduct of school education, including prescribing the minimum standards for the registration of a Government or non‑Government school; and

(ab)to regulate the operation of school boarding premises, including prescribing the minimum standards for the registration of a Government or non-government school boarding premises; and

(b)to prescribe the procedures and requirements for school registration; and

(ba)to prescribe procedures and requirements for the registration of school boarding premises; and

(c)to provide for admission and attendance and policies for student engagement at Government schools; and

(ca)to provide for a student engagement policy at each Government school boarding premises; and

(d)to provide for the age requirements for enrolment and attendance at Government schools and participation in programs and courses of study at Government schools; and

(e)to provide for the conduct of school councils in Government schools; and

(f)to provide for parents' clubs and fundraising in Government schools; and

(g)to prescribe procedures for and requirements of registration of students for home schooling; and

(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

(i)to provide for matters relating to dispute resolution and student welfare schemes; and

(j)to set out the role of the Victorian Registration and Qualifications Authority in investigating certain complaints; and

(k)to provide for the approval of transport services and the grant of travelling allowances for students; and

(l)to provide for the grant of scholarships; and

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

(m)to provide for other matters necessary to give effect to the Education and Training Reform Act 2006.

2Authorising provisions

These Regulations are made under sections 5.10.1 and 5.10.2 of, and Schedule 5 to, the Education and Training Reform Act 2006.

3Commencement

These Regulations come into operation on 25 June 2017.

4Revocations

The Regulations listed in Schedule 1 are revoked.

5Definitions

In these Regulations—

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;

accredited senior secondary course means a course leading to a senior secondary qualification and any other accredited course pertaining to year 11 or 12 (other than a foundation secondary course) that is accredited by the Authority under Chapter 4 of the Act;

accredited vocational education and training course means a course leading to a registered vocational education and training qualification that is accredited under, and registered within the meaning of, Chapter 4 of the Act;

Note

Accredited, in relation to a course, is defined in section 1.1.3(1) of the Act, and registered, in relation to vocational education and training, is defined in section 4.1.1(1) of the Act.

approved transport service means a transport service determined to be an approved transport service by the Minister under regulation 102;

attending the school in clause 12 of Schedule 4, includes the student's attendance at any place used by the school;

awarding body means a person or body that is registered on the State Register to award, confer or issue a registered qualification;

Note

Registered qualification is defined in section 1.1.3(1) of the Act.

bank means ADI;

Note

The Interpretation of Legislation Act 1984 defines ADI as an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth. It includes banks and credit unions.

campus means a location at which part of a school is conducted or proposed to be conducted under the name of the campus as part of a registered school and—

(a)the campus and the school have a common governing body or the governing body of the campus is responsible to the governing body of the school; and

(b)in the case of a non-Government school, the campus and the school have the same proprietor;

completing in regulation 17 and in relation to the completion of an accredited senior secondary course, means undertaking a sufficient number of units or courses of study which, if satisfactorily completed, will result in a person completing the course;

conduct of a school in regulation 7, includes—

(a)fund-raising activities conducted solely for the school; and

(b)the provision of goods and services and other matters or things to students attending the school; and

(c)the provision of other educational services that are within the scope of the school's registration;

designated transport area, in relation to a Government specialist school, means the area or distance determined to be a designated transport area by the Minister in relation to that school under regulation 103;

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;

eligible to enrol in regulation 17, means that a person meets the eligibility requirements for enrolment in a course including any requirements relating to English proficiency, technological access and prerequisite study;

English language Government school or centre means a Government school that offers students a full-time and intensive English language program for a minimum of 6 months and a maximum of 12 months, and includes a part of a Government school that offers such a program;

entity in regulation 7, includes a trust;

externally-administered body corporate has the same meaning as it has in the Corporations Act 2001 of the Commonwealth;

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;

governing body means—

(a)in relation to a Government school, the school council constituted in relation to that school; or

(b)in relation to a non-Government school, the person or body responsible for the governance, conduct or management of the school; or

(ba)in relation to a Government school boarding premises, the school council constituted in relation to the Government school at which the students boarding at the school boarding premises are enrolled or attending; or

(bb)in relation to a non-government school boarding premises, the person or body responsible for the governance or management of the provider of school boarding services at the premises; or

(c)in relation to a TAFE institute, the board that oversees and governs the TAFE institute established under section 3.1.11 of the Act; or

(d)in relation to any other awarding body, the person or body responsible for the conduct or the management of the awarding body;

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;

local lawshas the same meaning as it has under Part 5 of the Local Government Act 1989;

Melbourne Statistical Area means the area comprising the Greater Melbourne Statistical Area described in Australian Statistical Geography Standard (ASGS): Volume 1 – Main Structure and Greater Capital City Statistical Areas, July 2016, published by the Australian Bureau of Statistics;

Note

The areas that make up the Greater Melbourne Statistical Area are set out on the Authority's website.

metropolitan area means—

(a)the metropolitan municipal districts within the meaning of the Public Holidays Act 1993; and

(b)French Island;

not-for-profit school has the meaning set out in regulation 7;

notifiable disclosure event means an event that occurs if a responsible person is the subject of—

(a)an adverse finding or other action by a court, tribunal, professional discipline or regulatory body (in Victoria or elsewhere) where the adverse finding or the action relates to the responsible person's—

(i)dishonest, misleading or deceptive conduct; or

(ii)non-compliance with a legal obligation relating to the provision of education; or

(iii)breach of duty; or

(b)the commencement of legal or disciplinary proceedings in relation to the conduct of the responsible person that means the responsible person is not a fit and proper person within the meaning of clause 15(5) of Schedule 4 or clause 7(5) of Schedule 4A;

Example

A notifiable disclosure event must be notified to the Authority if a responsible person is—

·charged with an indictable offence; or

·the subject of bankruptcy proceedings; or

·the subject of proceedings to enforce compliance with an applicable professional or registration standard; or

·the subject of proceedings for breach of a legal or fiduciary duty that applies to the responsible person.

owner of the course means the person in whom the intellectual property relating to the course is vested;

owner of the qualification means the person in whom the intellectual property relating to the qualification is vested;

philosophy in relation to a school or school boarding premises, includes the vision, mission and objective of the school or school boarding premises;

prohibited agreement or arrangement has the meaning given by regulation 7A;

proprietor in relation to a school, means—

(a)a person, body, or institution who owns or controls one or more registered schools; or

(b)any person or body that is specified in the registration of the school as the proprietor of the school;

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.

registered provider in relation to an accredited senior secondary course or an accredited foundation secondary course means a person, body or school registered by the Authority under Division 3 of Part 4.3 of the Act to provide the course;

registered senior secondary qualification means a senior 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.

registered vocational education and training qualification means a registered qualification that is also registered within the meaning of section 4.1.1(1) of the Act;

Note

Registered qualification is defined in section 1.1.3(1) of the Act, and registered, in relation to vocational education and training, is defined in section 4.1.1(1) of the Act.

registration, in clause 4 of Schedule 4, includes provisional registration and interim registration within the meaning of Part 2.6 of the Act but does not include registration as a non-practising teacher or as an early childhood teacher under Part 2.6 of the Act;

represented person has the same meaning as it has in the Guardianship and Administration Act 1986;

responsible person means—

(a)in relation to a school—

(i)if the proprietor is an individual, that person; or

(ii)if the proprietor is a body, that body and any person who is concerned in, or takes part in, the management of the body; or

(iii)each person with responsibility in the school governance structure for managing the school or its finances, including each member of the governing body of the school; or

(iv)the principal of the school; or

(v)any other person who by the person's conduct assumes a position of authority over the governance or management of the school;

(b)in relation to a school boarding premises—

(i)if the provider of school boarding services at the premises is an individual, that person; or

(ii)if the provider of school boarding services at the premises is a body corporate, that body corporate and any person who is concerned in, or takes part in, the management of the body corporate; or

(iii)each person with responsibility in the governance structure of the provider of school boarding services at the premises for managing the provider or its finances, including each member of the governing body of the provider; or

(iv)any other person who by the person's conduct assumes a position of authority over the governance or management of the provider of school boarding services at the premises;

senior secondary awarding body means a person or body that proposes to award, confer or issue a registered senior secondary qualification;

senior secondary course has the same meaning as it has in Chapter 4 of the Act;

senior secondary education provider means a person, body or school providing, or proposing to provide, an accredited senior secondary course;

senior secondary qualifications has the same meaning as it has in Chapter 4 of the Act;

specialist school means a school—

(a)established for the main purpose of providing instruction for students with disabilities; or

(b)established for the main purpose of providing instruction for students with social, emotional or behavioural difficulties;

specified information includes information about, or evidence of, the education program, learning plan or materials, or other records used for or in relation to the requirements of the registration for home schooling or any regulations relating to home schooling;

staff means—

(a)in relation to a Government school, the principal, teachers and other staff;

(b)in relation to a Government school boarding premises, the staff employed by the provider of the school boarding services at the premises and other staff;

student, in Part 8, means a past, current or prospective student;

student engagement policy means—

(a)in relation to a Government school, a policy setting out the expectations and aspirations of the school in relation to student behaviour, including discipline and strategies to address unsatisfactory school attendance and bullying;

(b)in relation to a Government school boarding premises, a policy setting out the expectations and aspirations of the provider of school boarding services at the premises in relation to student behaviour, including discipline and strategies to address bullying;

teacherhas the same meaning as it has in section 2.6.1 of the Act;

the Actmeans the Education and Training Reform Act 2006;

Urban Centre means an area of Victoria referred to as an Urban Centre in Australian Statistical Geography Standard (ASGS): Volume 4 – Significant Urban Areas, Urban Centres and Localities, Section of State, July 2011, published by the Australian Bureau of Statistics;

Note

The areas that make up the relevant Urban Centres are set out on the Authority's website.

VET provider means a person, body or school in respect of which an application has been made for registration as a training organisation on the National Register under Division 4 of Part 4.3 of the Act.

6Definition of school—exempted bodies

(1)The following bodies are exempted from the definition of school for the purposes of the Act and these Regulations—

(a)an adult education institution;

(b)a post-secondary education institution established under Division 2 of Part 3.2 of the Act;

(c)a body that is an employer if it would be a school solely by reason of—

(i)providing work experience to a student under a work experience arrangement or training under a structured workplace learning arrangement made under Division 1 of Part 5.4 of the Act; or

(ii)providing work experience or training to a student under a practical placement agreement entered into under Division 2 of Part 5.4 of the Act; or

(iii)providing training under a training contract approved under Division 4 of Part 5.5 of the Act;      

(d)subject to subregulation (2), any of the following education providers that has at least 85% of its students or those receiving its education or training programs above the compulsory school age—

(i)an RTO that is established for the main purpose of providing education or training to students above the compulsory school age;

(ii)a body that is approved in writing by the Adult, Community and Further Education Board or a Regional Council within the meaning of Part 3.3 of the Act to provide adult education in the community;

(iii)any body that the Authority is satisfied has been established for the main purpose of providing education or training to students above the compulsory school age.

(2)Subregulation (1)(d)(i) and (ii) do not exempt a body that is established for the main purpose of providing education to students in years 11 and 12.

7Definition of not-for-profit school

(1)For the purposes of these Regulations, a not‑for‑profit school is a school that satisfies all of the following criteria—

(a)the school is not established for the purpose of profit or gain;

(b)the proprietor of the school does not conduct the school for the purposes of the proprietor's or any other person's profit or gain;

(c)no part of the profit or gain made in the conduct of the school is or may be distributed to any person or entity;

(d)all money and property received by the school or the proprietor of the school for the conduct of the school are applied solely toward the conduct of the school in accordance with the school's not-for-profit purpose;

(e)the school is not a party to a prohibited agreement or arrangement;

(f)the proprietor of the school is not a party to a prohibited agreement or arrangement;

(g)in the case of a non-Government school, on the closure of the school, any surplus assets of the school remaining after payment of the school's liabilities are required by the constitution or rules governing the school to be—

(i)used by the proprietor of the school for providing education services to children of compulsory school age or for other not-for-profit purposes; or

(ii)given to a not-for-profit entity operating within Australia that provides education services to school children or that has similar not-for-profit purposes to the proprietor.

(2)For the purposes of subregulation (1), a school is not conducted for the purposes of profit or gain only because the school or the proprietor of the school makes a financial surplus in the course of the proper administration of the school.

(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—

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

(ii)to provide school boarding services at a school boarding premises at which students who are enrolled or attending the school are boarding and where those services are not provided for the purposes of profit or gain; or

(b)provides money (other than government funding) or property of the school to—

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

(ii)a person to provide school boarding services at a school boarding premises to students who are enrolled or attending the school and where those services are not provided for the purposes of profit or gain.

7ADefinition of prohibited agreement or arrangement

(1)For the purposes of these Regulations, a prohibited agreement or arrangement means an agreement or arrangement—

(a)made between 2 or more of the following parties—

(i)the governing body of a school;

(ii)the proprietor of the school;

(iii)another person or entity; and

(b)where the purpose of the agreement or arrangement—

(i)is to pay or divert any profit or gain made in the conduct of the school to the proprietor or any other person or entity; or

(ii)that involves a payment by the governing body of the school or the proprietor of the school (as the case requires) to another person or entity which—

(A)is excessive compared to the reasonable market value of the charges, fees, rates or costs currently prevailing in the community for payment for that purpose (other than a payment made in good faith for that purpose); or

(B)involves a gift, loan or similar payment for a purpose unconnected to the conduct of the school (other than payments made to a bank in connection with the conduct of the school); or

(iii)is otherwise not a payment made in good faith for the benefit of the school, or reasonably required for the conduct of the school.

Notes

1     Payments under paragraph (b)(i) may include excessive fees or remuneration or other expenses paid to members of the school's governing body, or excessive rents, fees, or other charges paid to any other person or entity.

2     Payments under paragraph (b)(ii) may include loans, guarantees, or indemnities payable for the recipient's own use or benefit; for example, a payment to benefit an enterprise conducted by the payment recipient where that enterprise is unconnected to the conduct of the school.

3     Payments under paragraph (b)(iii) may include "sham" arrangements that have the effect of transferring payments from the school to the recipient for the recipient's own purpose or benefit, and which deliver no benefit or service to the school.

(2)Despite subregulation (1), a prohibited agreement or arrangement does not include an agreement or arrangement under which the proprietor of a school provides money (other than government funding) or property of the school to—

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

(b)a person to provide school boarding services at a school boarding premises to students who are enrolled or attending that school, and where those services are not provided for the purposes of profit or gain.

8Measurement of distances

If these Regulations prescribe or refer to a distance, the distance is to be measured according to the shortest practicable route.

Part 2—Compulsory school education

9Reasonable excuse—prescribed distance

For the purposes of section 2.1.3(b) of the Act, the prescribed distance is—

(a)3 kilometres, if the child is under the age of 9 years; or

(b)4·8 kilometres, if the child is, or above, the age of 9 years.

10School enrolment notice

For the purposes of section 2.1.17 of the Act, the prescribed form for a school enrolment notice is set out in Schedule 2.

11School attendance notice

For the purposes of section 2.1.18 of the Act, the prescribed form for a school attendance notice is set out in Schedule 3.

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.

Part 3—Government school education

Division 1—Admission and attendance

12Admission

Before or at the time a child is admitted to a Government school, the parent of the child must complete and sign an admission form and provide evidence of the child's date of birth.

13School terms

The Minister must determine in writing the days on which a Government school is required to be open for attendance by students.

14Temporary closure of schools

(1)The school council of a Government school may temporarily close the school during a school term in accordance with the number of student‑free days each calendar year specified by the Secretary in writing.

(2)Subject to the approval of the Secretary, the principal of a Government school may temporarily close the school during a school term for any period due to an emergency which involves a risk to the health or safety of students or staff.

Division 2—Minimum and maximum age for Government school education

15Application of Division

This Division does not apply to a person's enrolment, attendance, or participation in a preschool program, or an education or training program or any other program conducted on Government school premises outside normal school hours.

Subdivision 1—Minimum age for Government school education

16Minimum age requirements for Government schools

(1)A child under the age of 6 years must not—

(a)be enrolled at a Government school; or

(b)attend a Government school; or

(c)be enrolled in, attend or participate in, any course of study offered, conducted or provided by a Government school.

(2)Despite subregulation (1), a child who will turn the age of 5 years by 30 April in the year to which the proposed enrolment, attendance, or participation relates may—

(a)be enrolled at a Government school; or

(b)attend a Government school; or

(c)be enrolled in, attend, or participate in the following program or course offered by or conducted at a Government school—

(i)a course of primary education;

(ii)a program or course approved in writing by the Minister.

Subdivision 2—Maximum age for Government school education

17Maximum age requirements for Government schools

(1)A person (other than a person referred to in subregulation (2)) who is the age of 18 years or over must not—

(a)be enrolled at or allowed to attend a Government school; or

(b)participate in any program or course conducted or provided by a Government school.

(2)A person does not contravene subregulation (1) if—

(a)the person will turn the age of 18 years during the year of enrolment and is enrolled at the Government school solely in an accredited senior secondary course or an accredited foundation secondary course; or

(b)the person will turn the age of 19 years during the year of enrolment and is enrolled at the Government school solely for the purpose of completing an accredited senior secondary course or an accredited foundation secondary course in that year; or

(c)the person—

(i)will turn the age of 20 years during the year of enrolment; and

(ii)is enrolled at a Government school situated outside the metropolitan area solely for the purpose of completing an accredited senior secondary course or an accredited foundation secondary course in that year and there is no TAFE institute or other registered education or training organisation (other than another Government school) that—

(A)is within a distance of 50 kilometres from that school offering an accredited senior secondary course or an accredited foundation secondary course (as the case requires); or

(B)offers an accredited senior secondary course or an accredited foundation secondary course (as the case requires) through a distance education program that the person is eligible to enrol in.

18Maximum age requirements for English language Government schools or centres

(1)A person who is the age of 18 years or over must not—

(a)enrol at or attend or be allowed to enrol at or attend an English language Government school or centre; or

(b)enrol in or attend or participate in, or be allowed to enrol in or attend or participate in, any intensive English language program offered, conducted or provided by an English language Government school or centre.

(2)Despite subregulation (1), a person enrolled at or attending an English language Government school or centre is entitled to continue to be enrolled or to attend or participate—

(a)in the year in which the person turns the age of 18 years; and

(b)in the following year solely for the purpose of completing the program.

Subdivision 3—Exemptions from age requirements

19Exemption from minimum age requirements—Government schools

The Minister may exempt a child who is under the age of 5 years on or after 1 May in a particular year from the minimum age requirements under regulation 16 if the Minister is satisfied that—

(a)the child possesses suitable academic ability; and

(b)it is in the child's best interests—

(i)to be enrolled at or to attend a Government school; or

(ii)to be enrolled in, attend or participate in, any course of study offered, conducted or provided by a Government school.

20Exemption from maximum age requirements—Government schools

(1)The Minister may exempt a person from the maximum age requirements under regulation 17 to enable that person to complete year 10 if that person—

(a)is or will be unable to complete year 10 in time to satisfy regulation 17 due to a special circumstance; and

(b)will, if the exemption is granted, be under the age of 20 years on 31 December in the year the person completes year 10.

(2)The Minister may exempt a person under subregulation (1)(a) if the Minister is satisfied that one or more of the following special circumstances exists—

(a)pregnancy;

(b)parental or primary carer responsibilities;

(c)serious illness or injury;

(d)a period of imprisonment.

(3)The Minister may exempt a person who is between the ages of 18 and 21 years from the maximum age requirements under regulation 17 if the Minister is satisfied of one or more of the following—

(a)the exemption will enable the person to participate in a specific course or program approved by the Minister;

(b)the exemption will enable the person to transfer from an English language Government school or centre into year 10 at a Government school;

(c)it would be unreasonable in the particular circumstances not to grant the exemption.

21Exemption from maximum age requirements—English language Government school or centre

The Minister may exempt a person from the maximum age requirements under regulation 18(1) if the Minister considers it is in the person's best interests to be enrolled at or to attend an English language Government school or centre.

22Period of exemption

An exemption under Subdivision 3 of this Division operates for a period of 12 months unless the Minister determines a longer exemption period.

Division 3—Student engagement

23Student engagement policy

(1)A principal of a Government school must develop a policy for student engagement for the students at the school.

(2)The principal must develop the policy in consultation with the school community, and have regard to the rights and responsibilities of students, parents of students and staff in developing the policy.

(3)The principal must ensure that the policy is consistent with—

(a)any Ministerial Order about the suspension or expulsion of a student from a Government school made for the purposes of section 2.2.19 of the Act; and

(b)these Regulations; and

(c)any guidelines issued by the Minister relating to student engagement.

24Corporal punishment not permitted

A member of staff of a Government school must not administer corporal punishment to any Government school student.

25Restraint from danger

A member of staff of a Government school may take any reasonable action that is immediately required to restrain a student of the school from acts or behaviour that are dangerous to the member of staff, the student, or any other person.

26Implementation of student engagement policy

(1)The principal of a Government school—

(a)is responsible for implementing the student engagement policy of the school; and

(b)is responsible for determining the nature and extent of the consequences imposed on students of the school for failure to comply with that policy; and

(c)may determine the consequences to be imposed on a student for not wearing the school uniform in accordance with a determination on school uniforms made by the school council and any Ministerial Order in relation to student discipline.

(2)Before making a determination under subregulation (1)(c), the principal of a Government school must be satisfied that the student's failure to wear the school uniform was because of the student's disobedience.

(3)Without limiting subregulation (1), the principal of a Government school may require a student to undertake additional school work at a reasonable time and place if that is authorised by the student engagement policy.

(4)The principal of a Government school must ensure that—

(a)any periods of detention, additional school work or other consequences that may be imposed on students in accordance with the student engagement policy are reasonable; and

(b)the student engagement policy is brought to the attention of the students, parents, staff, and members of the school council of the Government school.

Part 3A—Government school boarding premises

26AStudent engagement policy

(1)A provider of school boarding services at a Government school boarding premises must develop a policy for student engagement for the students boarding at the premises.

(2)The provider must develop the policy in consultation with, and have regard to the rights and responsibilities of, students boarding at the premises, parents of students and staff of the provider in developing the policy.

26BCorporal punishment not permitted

A member of staff of the provider of school boarding services at a Government school boarding premises must not administer corporal punishment to any student who is boarding at the premises.

26CRestraint from danger

A member of staff of the provider of school boarding services at a Government school boarding premises may take any reasonable action that is immediately required to restrain a student boarding at the premises from acts or behaviour that are dangerous to the member of staff, the student, or any other person.

26DImplementation of student engagement policy

(1)The provider of school boarding services at a Government school boarding premises—

(a)is responsible for implementing the student engagement policy of the school boarding premises; and

(b)is responsible for determining the nature and extent of the consequences imposed on students boarding at the premises for failure to comply with that policy.

(2)The provider of school boarding services at a Government school boarding premises must ensure that—

(a)any consequences that may be imposed on students boarding at the premises in accordance with the student engagement policy are reasonable; and

(b)the student engagement policy is brought to the attention of the students boarding at the premises, their parents and staff of the provider.

(3)The provider of school boarding services at a Government school boarding premises must ensure that the student engagement policy is consistent with—

(a)these Regulations; and

(b)any guidelines issued by the Minister relating to student engagement.

Part 4—Government school councils and parents' clubs

Division 1—Meetings and membership

27Ordinary meetings of school council

A school council must meet at least 8 times each year, and at least once during each school term, unless the Minister gives the council written authorisation to meet less frequently.

28Who is to preside at a meeting?

(1)Subject to this Division, the President of the school council must preside at meetings of the school council.

(2)If the President of a school council is unable to preside at a council meeting, the meeting must be conducted in the following manner—

(a)if a Vice-President has been appointed by the school council, and the Vice‑President is able to preside at the meeting, the Vice‑President must preside;

(b)if the school council has not appointed a Vice‑President, or the Vice‑President is unable to preside at the meeting, the school council must decide which member of the council (other than a member who is an employee of the Department) will preside at the meeting.

29Quorum of school council

(1)If a majority of the school council's total membership must consist of persons who are not employees of the Department, the quorum for a school council meeting is constituted if—

(a)not less than one half of the members of the school council currently holding office are present; and

(b)a majority of the members present are not employees of the Department.

(2)If a majority of the school council's total membership is not required to consist of persons who are not employees of the Department, the quorum for a school council meeting is constituted if not less than one half of the members of the school council currently holding office are present.

(3)If at the end of 30 minutes after the appointed time for a meeting of the school council there is no quorum present, the meeting must be adjourned to a time and place determined by the school council members present.

30Decisions and voting

(1)A decision of the majority of the members of the school council who are eligible to vote and are present at the school council meeting is the decision of the school council.

(2)The principal is a voting member of the school council.

(3)If votes are tied, the presiding member has a second or casting vote.

(4)A member of the school council may be present at a meeting in person or by videoconferencing or teleconferencing.

31Conflicts of interest

(1)If a member of the school council or a person from that member's family has any direct conflict of interest (including a pecuniary interest) in a subject or matter under discussion at a school council meeting, that member must not be present—

(a)during the discussion unless invited to do so by the person presiding at the meeting; and

(b)when a vote is taken on the matter.

(2)A member referred to in subregulation (1) may be included in the quorum for that meeting.

32Appointment of community members

(1)This regulation applies if a school council is required to have community members appointed to the school council.

(2)The principal must as soon as practicable after the declaration of the poll for an election of members of the school council call, and preside at, a special meeting for the purpose of appointing the community members.  

(3)At the special meeting held for the purposes of subregulation (2), a quorum may consist of not less than one half of the members of the school council currently holding office.

(4)The special meeting called under subregulation (2) may be adjourned to a time and place decided by the meeting if the purpose of appointing the community members cannot be achieved.

(5)A community member appointed to a school council in accordance with this regulation has the same rights, duties and obligations as members of the school council who are not appointed as community members.

33First council meeting—election of office bearers

(1)The school council may proceed to an election of office bearers if—

(a)the school council is not required to have community members appointed to the council; or

(b)the school council has appointed community members at the special meeting called under regulation 32; or

(c)the appointment of community members cannot be achieved at the special meeting called under regulation 32.

(2)The principal must call, and preside at, the first council meeting to elect the President and any other office bearer that the council decides in accordance with regulation 30 and, if required, subregulations (3) and (4).

(3)In the election of an office bearer for a school council, if the votes are tied, the school council may—

(a)decide to hold a new election; or

(b)decide the election by the drawing of lots.

(4)If a new election is held under subregulation (3)(a) and is also tied, the school council may—

(a)decide to conduct further elections until the election of the office bearers is decided; or

(b)decide the election by the drawing of lots.

34Extended leave of council member

(1)A member of the school council may apply in writing to the President for extended leave of up to 3 consecutive meetings.

(2)If a member of the school council is granted extended leave, the membership of that member is excluded in determining the requirement for a quorum in accordance with regulation 29.

35Removal of office bearer from office

(1)A school council may, by resolution, remove an office bearer from office (but not from the school council) if—

(a)all members of the council are notified of the resolution not less than 7 days before the meeting of the council at which the resolution is to be put; and

(b)at least one of the following circumstances applies—

(i)the office bearer is taking extended leave;

(ii)there are grounds for removal of the office bearer from office in accordance with the Order constituting the school council.

(2)If a resolution is made under subregulation (1), a meeting of the school council must be called to elect another member to the vacant office.

(3)A meeting under subregulation (2) must be presided over by—

(a)the principal, if the office to be filled is the office of President; or

(b)the President, in any other case.

36Extraordinary meeting of school council

(1)An extraordinary meeting of a school council may be held at any time decided by the council, if all members are given reasonable notice of the time, date, place and purpose of the meeting.

(2)The President of the school council or, in the absence of the President, the principal must call an extraordinary meeting of the school council if the President or the principal (as the case requires) receives a written request to do so from at least 3 members of the school council.

(3)The President or the principal must call a meeting under subregulation (2) by sending a notice to all school council members that gives the members reasonable notice of the time, date, place and purpose of the meeting.

(4)The business of any extraordinary meeting must be confined to the purpose for which the meeting is called.

37Public reporting meeting

(1)A school council must call a public meeting at least once each year.

(2)At the public meeting, the school council must—

(a)report the proceedings of the council for the period since the date of the previous public meeting; and

(b)present the annual report published by the council in accordance with section 2.3.27 of the Act; and

(c)if the accounts of the council have been audited, present a copy of the audited accounts.

Division 2—Sub-committees

38Sub-committees

(1)A sub-committee formed under section 2.3.14 of the Act must—

(a)consist of at least 3 members; and

(b)meet as directed by the school council; and

(c)report, in writing, to the school council at each ordinary meeting of the school council convened in accordance with regulation 27.

(2)The school council must decide the purpose and terms of reference of a sub‑committee.

Division 3—Delegations

39Delegation

(1)A school council must obtain the written approval of the Minister to delegate a power or duty of the school council to a person or body other than the principal.

(2)Subregulation (1) does not apply to a power or duty relating to—

(a)the use of school grounds or buildings by a voluntary organisation, Government department, municipal council, person or body, if the school grounds or buildings are not required for ordinary school purposes or otherwise required by the school council; or

(b)a school forest plantation under the sole management, control, care or development of the school council.

(3)A school council must not delegate any of its functions or powers in relation to the approval of the school budget and annual report.

40Record and terms of delegation

(1)The school council must record any delegation of a power or duty in—

(a)the minutes of the meeting of the school council; and

(b)a register of delegations to be kept by the school council.

(2)The terms and conditions of a delegation made by the school council must be—

(a)signed by the President of the school council or a council member (other than an employee of the Department) who is appointed for this purpose; and

(b)delivered to the delegate.

41Revocation or amendment of delegation

(1)The school council may at any time, in writing, revoke or amend a delegation.

(2)Regulation 40 applies to the revocation or amendment of a delegation.

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Education and Training Reform Regulations 2017 by statutory rules, subordinate instruments and Acts.

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Education and Training Reform Regulations 2017, S.R. No. 44/2017 (as amended by S.R. Nos 143/2020, 24/2021)

Date of Making: 14.6.17
Date of Commencement: Reg. 123 inserted on 11.8.20 by S.R. No. 81/2020 reg. 3
Note: Reg. 123 revoked Pt 13 (regs 121−123) on 16.12.21

Education and Training Reform Amendment Regulations 2019, S.R. No. 134/2019

Date of Making: 10.12.19
Date of Commencement: 20.1.20: reg. 3

Education and Training Reform Amendment (COVID-19 Emergency Measures) Regulations 2020, S.R. No. 81/2020

Date of Making: 11.8.20
Date of Commencement: 11.8.20

Education and Training Reform Amendment (COVID-19 Emergency Measures Extension) Regulations 2020, S.R. No. 143/2020

Date of Making: 22.12.20
Date of Commencement: 29.12.20: reg. 3

Education and Training Reform Amendment (COVID-19 Emergency Measures Extension) Regulations 2021, S.R. No. 24/2021

Date of Making: 30.3.21
Date of Commencement: 30.3.21

Education and Training Reform Amendment Regulations 2021, S.R. No. 25/2021

Date of Making: 30.3.21
Date of Commencement: 18.6.21: reg. 3

Education and Training Reform Amendment Regulations 2022, S.R. No. 6/2022

Date of Making: 8.2.22
Date of Commencement: 2.5.22: reg. 3

Education and Training Reform Amendment (School Community Safety Orders) Regulations 2022, S.R. No. 43/2022

Date of Making: 15.6.22
Date of Commencement: 28.6.22: reg. 3

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3   Explanatory details

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2021 is $181.74 and for the financial year commencing 1 July 2022 is $184.92. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 44/2017 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
Regulation 5
Definition of Melbourne Statistical Area 		Australian Statistical Geography Standard (ASGS): Volume 1 – Main Structure and Greater Capital City Statistical Areas, July 2016, published by the Australian Bureau of Statistics The provisions and maps describing the Melbourne Statistical Division
Regulation 5
Definition of Urban Centre 		Australian Statistical Geography Standard (ASGS): Volume 4 – Significant Urban Areas, Urban Centres and Localities, Section of State, July 2011, published by the Australian Bureau of Statistics The provisions and maps describing Urban Centres in Victoria
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