Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022 (Vic)
Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022
No. 32 of 2022
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Principal Act
Part 2—Amendments to the Principal Act
4Definitions
5TAFE institutes and boards
6Accountability of TAFE institute boards
7Board directorship
8Section 3.1.26AA repealed
9Section 3.1.26AB repealed
10Definitions
11Functions of the Board
12Board to consult
13Financial powers
14Section 3.3.7 repealed
15Membership of the Board
16Section 3.3.13 substituted
17Delegations by the Board
18Delegations by the General Manager
19Functions of Regional Councils
20Accountability
21Membership of Regional Councils
22Heading to Division 5 of Part 3.3 substituted
23Adult Multicultural Education Services
24Adult education institutions and governing boards
25Adult education institution is a body corporate
26Objectives of adult education institutions
27Functions of adult education institutions
28Powers of adult education institutions
29New section 3.3.29D inserted
30Functions of governing boards
31Powers of governing boards
32Accountability of governing boards
33Governing board membership
34Strategic plans
35When statement of corporate intent to be prepared
36Content of statement of corporate intent
37Reserve powers of Minister
38Notice of proposal
39Appointment of administrator
40Saving of acts of board
41Employment of staff
42Minister may object to chief executive officer appointment
43Staff conditions
44Chief executive officers
45Decision about registration
46Definitions
47Definition of RTO in this Division
48Minister's general powers
49Section 5.3A.9 substituted
50New section 5.3A.9A inserted
51Section 5.3A.10 substituted
52New sections 5.3A.10A, 5.3A.10B and 5.3A.10C inserted
53Prohibition on Secretary's use or disclosure
54New sections 6.1.55, 6.1.56, 6.1.57, 6.1.58, 6.1.59, 6.1.60 and 6.1.61 inserted
55Schedule 2—General provisions for authorities
Part 3—Further amendments to the Principal Act
56Definitions
57Decision about registration
58Amending registration on application by registered education and training organisation
59Schedule 2—General provisions for authorities
Part 4—Amendments to the Child Wellbeing and Safety Act 2005 and the Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021
60Schedule 3—Entities to which the reportable conduct scheme applies on and after commencement of Part 5A
61Section 41BA amended
62New Divisions 5 to 12 of Part 5.8 inserted
63Schedule 1 substituted
Part 5—Amendments to other Acts
64What are public entities?
65Definitions
66Definitions
Part 6—Repeal of this Act
67Repeal of this Act
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Endnotes
1 General information
Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022
No. 32 of 2022
[Assented to 23 August 2022]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend the Education and Training Reform Act 2006—
(i)in relation to the Adult, Community and Further Education Board; and
(ii)to remove adult education institutions as a provider of adult, community and further education; and
(iii)to apply Division 5 of Part 3.3 of that Act exclusively to AMES Australia; and
(iv)to provide the Victorian Registration and Qualifications Authority with greater discretion to decide whether or not to conduct a compliance audit of a RTO; and
(v)to modernise the framework for the access, use and disclosure of the Victorian student number and related information on the Student Register; and
(vi)to provide that post-secondary education institutions and post‑secondary education providers may provide education to persons who are of compulsory school age; and
(vii)to make other amendments; and
(b)to amend the Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021—
(i)to allow the Victorian Registration and Qualifications Authority to issue notices to comply to registered schools, registered school boarding premises and RTOs; and
(ii)to lower the threshold for the Victorian Registration and Qualifications Authority to issue a notice to produce; and
(iii)to disapply section 41BA of the Child Wellbeing and Safety Act 2005 to remove the restrictions on the Victorian Registration and Qualifications Authority disclosing information it has obtained; and
(iv)to make other amendments; and
(c)to amend the Child Wellbeing and Safety Act 2005 and the Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021—
(i)to ensure that a person, body or school that is registered in respect of an accredited foundation secondary course or a registered foundation secondary qualification is subject to the reportable conduct scheme and the Child Safe Standards under Parts 5A and 6 of the Child Wellbeing and Safety Act 2005; and
(ii)to make other amendments; and
(d)to amend the Public Administration Act 2004, the Sex Offenders Registration Act 2004 and the Worker Screening Act 2020 to make related and consequential amendments.
2Commencement
(1)Subject to subsections (2) and (3), this Act (other than Parts 1, 3 and 4) comes into operation on a day or days to be proclaimed.
(2)Parts 1, 3 and 4 come into operation on the day after the day on which this Act receives the Royal Assent.
(3)If a provision referred to in subsection (1) does not come into operation before 24 May 2023, 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—Amendments to the Principal Act
4Definitions
In section 1.1.3(1) of the Principal Act—
(a)in paragraph (c) of the definition of adult, community and further education, for "an adult education institution established by or under this Act" substitute "AMES Australia";
(b)the definition of adult education institution is repealed;
(c)for the definition of AMES substitute—
"AMES Australia means AMES Australia established by section 3.3.26(1);";
(d)in paragraph (b) of the definition of vocational education and training, for "an adult education institution" substitute "AMES Australia".
5TAFE institutes and boards
(1)Section 3.1.11(1)(da) and (2)(c) of the Principal Act are repealed.
(2)In section 3.1.11(4) of the Principal Act—
(a)in paragraph (b), for "Order;" substitute "Order.";
(b)paragraph (c) is repealed.
(3)Section 3.1.11(9) of the Principal Act is repealed.
6Accountability of TAFE institute boards
Section 3.1.15(1)(ab) of the Principal Act is repealed.
7Board directorship
In section 3.1.16(2) of the Principal Act—
(a)in paragraph (i), for "education;" substitute "education.";
(b)paragraph (j) is repealed.
8Section 3.1.26AA repealed
Section 3.1.26AA of the Principal Act is repealed.
9Section 3.1.26AB repealed
Section 3.1.26AB of the Principal Act is repealed.
10Definitions
In section 3.3.1 of the Principal Act—
(a)insert the following definition—
"adult learner means a person who is—
(a)beyond the age of compulsory school attendance; or
(b)not less than 15 or more than 17 years of age and is exempt from enrolment and attendance at school by Ministerial Order in accordance with section 2.1.5;";
(b)in the definition of Board of AMES—
(i)after "AMES" insert "Australia";
(ii)for "Adult Multicultural Education Services" substitute "AMES Australia";
(c)the definition of governing board is repealed.
11Functions of the Board
For section 3.3.3 of the Principal Act substitute—
"3.3.3 Functions of the Board
(1)The functions of the Board with respect to adult, community and further education that is not provided by TAFE institutes or universities, are—
(a)to establish strategic objectives, priorities and targets in relation to—
(i)the Board's leadership of adult, community and further education; and
(ii)training provided in the post‑secondary education system relating to adult, community and further education; and
(b)to evaluate and report on policies, programs, resources and services developed for the coordination, provision, funding and support of adult, community and further education, having regard to, amongst other things, the matters specified in subsection (2); and
(c)to strategically plan and develop new policies, programs, resources and services for the coordination, provision, funding and support of adult, community and further education, having regard to—
(i)the economic and social benefits of adult, community and further education to the Victorian community; and
(ii)the quality of and equity of access to adult, community and further education; and
(d)to register providers of adult, community and further education; and
(e)to advise the Minister on matters relating to adult, community and further education; and
(f)to provide educational programs where directed by the Minister; and
(g)to foster and support research and the development of matters relating to adult, community and further education; and
(h)to advocate for adult, community and further education; and
(i)to promote awareness of adult, community and further education; and
(j)to carry out any other function that is conferred on the Board by this or any other Act.
(2)For the purposes of subsection (1)(b), the following matters are specified—
(a)the skills and education needs of adult learners in the Victorian community including the following—
(i)literacy;
(ii)digital literacy;
(iii)numeracy;
(iv)the English language;
(v)the skills, attributes and knowledge required to gain and retain employment and for career progression;
(b)the benefit of adult, community and further education to the Victorian community;
(c)the impact of adult, community and further education on the Victorian community;
(d)the equity of access to, and the quality of programs provided for, adult, community and further education;
(e)the role of Government in relation to—
(i)fostering innovation, quality teaching, learning and partnerships with respect to adult, community and further education; and
(ii)developing resources and services for adult, community and further education; and
(iii)improving the capability and capacity of providers of adult, community and further education.".
12Board to consult
(1)Section 3.3.5(b) of the Principal Act is repealed.
(2)For section 3.3.5(c)(ii) of the Principal Act substitute—
"(ii)industry and industry partners; and".
13Financial powers
For section 3.3.6(d) of the Principal Act substitute—
"(d)may make payments to a Regional Council with respect to their functions;".
14Section 3.3.7 repealed
Section 3.3.7 of the Principal Act is repealed.
15Membership of the Board
(1)For section 3.3.10(1) of the Principal Act substitute—
"(1)The Board consists of not less than 8 and not more than 12 members of whom—
(a)one member is to be appointed by the Governor in Council as Chairperson on the recommendation of the Minister; and
(b)one member is to be appointed by the Governor in Council as Deputy Chairperson on the recommendation of the Minister; and
(c)the remaining members are to be appointed by the Governor in Council on the recommendation of the Minister in accordance with subsection (2).".
(2)In section 3.3.10(2)(d) of the Principal Act, for "management" substitute "governance".
(3)For section 3.3.10(2)(f) of the Principal Act substitute—
"(f)ensuring that the composition of the Board includes members with sufficient expertise in the provision of adult, community and further education.".
16Section 3.3.13 substituted
For section 3.3.13 of the Principal Act substitute—
3.3.13General Manager of the Board"
(1)There is to be appointed a General Manager of the Board who is an executive (within the meaning of the Public Administration Act 2004) of the Department.
(2)The General Manager of the Board is responsible for implementing any policy or decision of the Board made in accordance with this Part or any other Act.".
17Delegations by the Board
In section 3.3.14 of the Principal Act—
(a)omit "a function specified in section 3.3.3(2) or";
(b)paragraphs (d) and (e) are repealed;
(c)for paragraph (g) substitute—
"(g)a person or body appointed by the Minister under this Act;
(h)a body established by Order in Council.".
18Delegations by the General Manager
(1)Section 3.3.15(b) and (d) of the Principal Act are repealed.
(2)For section 3.3.15(f) of the Principal Act substitute—
"(f)a person or body appointed by the Minister under this Act; or
(g)a body established by Order in Council.".
19Functions of Regional Councils
In section 3.3.18 of the Principal Act—
(a)in subsection (1)(f), for "an adult education institution" substitute "AMES Australia";
(b)in subsection (3)(a), for "governing board of an adult education institution" substitute "Board of AMES Australia".
20Accountability
Section 3.3.20(a) of the Principal Act is repealed.
21Membership of Regional Councils
For section 3.3.21(1) of the Principal Act substitute—
"(1)A Regional Council consists of not less than 5 and not more than 9 members appointed by the Minister of whom—
(a)one member is to be appointed by the members of the Regional Council as Chairperson; and
(b)one member is to be appointed by the members of the Regional Council as Deputy Chairperson.".
22Heading to Division 5 of Part 3.3 substituted
For the heading to Division 5 of Part 3.3 of the Principal Act substitute—
"Division 5—AMES Australia".
23Adult Multicultural Education Services
(1)For the heading to section 3.3.26 of the Principal Act substitute—
Establishment of"AMES Australia ".
(2)For section 3.3.26(1) of the Principal Act substitute—
"(1)AMES Australia is established.".
(3)In section 3.3.26(2) of the Principal Act—
(a)after "AMES" (where twice occurring) insert "Australia";
(b)for "governing body" substitute "governing board".
(4)In section 3.3.26(3) of the Principal Act, after "AMES" insert "Australia".
24Adult education institutions and governing boards
(1)For the heading to section 3.3.28 of the Principal Act substitute—
AMES Australia and the Board of AMES Australia" ".
(2)For section 3.3.28(1) and (2) of the Principal Act substitute—
"(1)The Governor in Council may, on the recommendation of the Minister, by Order published in the Government Gazette—
(a)change the name of AMES Australia; or
(b)establish a governing board to oversee and govern AMES Australia; or
(c)change the name of the Board of AMES Australia; or
(d)make provision or further provision for or with respect to the constitution, management structure, membership, objectives, powers, duties or functions of AMES Australia or the Board of AMES Australia; or
(e)make provision or further provision for or with respect to the manner of appointment or the terms and conditions of appointment of members of the Board of AMES Australia; or
(f)make provision for the Board of AMES Australia to make rules for the governance of AMES Australia; or
(g)make provision for the Board of AMES Australia to delegate any of its powers and functions under this Act (except any powers delegated to it under this Act) to a person employed at AMES Australia or to a committee established by or under an Order in Council relating to the Board of AMES Australia; or
(h)amend any provision of a previous Order in Council under this section relating to AMES Australia or the Board of AMES Australia; or
(i)make provision for or with respect to any matter of a consequential, transitional or savings nature consequent on the making of an Order in Council under this section including the rights, obligations and assignment of any property (subject to any trusts) of AMES Australia referred to in the Order in Council.".
(3)For section 3.3.28(3) of the Principal Act substitute—
"(3)The Minister must not make a recommendation for the purposes of this section unless the Board of AMES Australia has made a request for the proposed Order in Council or has been consulted about the proposed Order in Council.".
(4)In section 3.3.28(4) of the Principal Act—
(a) for "the governing board of an adult education institution" substitute "the Board of AMES Australia";
(b)for paragraph (b) substitute—
"(b)a reference to the Board of AMES Australia, the Board of AMES, the governing board of AMES or the governing board of Adult Multicultural Education Services in any Act, subordinate instrument or any other document must, except in relation to matters that occurred before the change of name, be construed as a reference to its new name.".
(5)In section 3.3.28(5) of the Principal Act—
(a)for "an adult education institution" substitute "AMES Australia";
(b)in paragraph (a), for "the institution" substitute "AMES Australia".
(6)For section 3.3.28(5)(b) of the Principal Act substitute—
"(b)a reference to AMES Australia, AMES or Adult Multicultural Education Services in any Act, subordinate instrument or any other document must, except in relation to matters that occurred before the change of name, be construed as a reference to its new name; and".
(7)In section 3.3.28(5)(c) of the Principal Act, for "the institution" (where twice occurring) substitute "AMES Australia".
(8)For section 3.3.28(5)(d) of the Principal Act substitute—
"(d)any legal proceedings that might have been continued or commenced by or against AMES Australia, AMES or Adult Multicultural Education Services may be continued by or against it by its new name.".
(9)Section 3.3.28(6) of the Principal Act is repealed.
25Adult education institution is a body corporate
(1)In the heading to section 3.3.29 of the Principal Act, for "Adult education institution" substitute "AMES Australia".
(2)In section 3.3.29 of the Principal Act, for "An adult education institution established under section 3.3.28" substitute "AMES Australia".
26Objectives of adult education institutions
(1)In the heading to section 3.3.29A of the Principal Act, for "adult education institutions" substitute "AMES Australia".
(2)In section 3.3.29A of the Principal Act—
(a)for "an adult education institution" substitute "AMES Australia";
(b)in paragraph (b), for "the institution" substitute "AMES Australia (including migrants, refugees and asylum seekers)";
(c)in paragraph (d)—
(i)for "in the case of the governing board of AMES, monitor" substitute "to monitor";
(ii)for "AMES services" substitute "AMES Australia services";
(d)in paragraph (e)—
(i)for "in the case of governing boards except the governing board of AMES, make" substitute "to make";
(ii)for "the institution" substitute "AMES Australia";
(e)for paragraph (f) substitute—
"(f)any other objective set out in an Order in Council made under section 3.3.28(1).".
27Functions of adult education institutions
(1)In the heading to section 3.3.29B of the Principal Act, for "adult education institutions" substitute "AMES Australia".
(2)In section 3.3.29B(1) of the Principal Act—
(a)for "An adult education institution" substitute "AMES Australia";
(b)in paragraph (a), for "the adult education institution" substitute "AMES Australia";
(c)after paragraph (a) insert—
"(ab)to develop and provide specialist settlement services for migrants, refugees and asylum seekers;";
(d)in paragraph (c), for "for commercial organisations" substitute "on a commercial basis for other organisations";
(e)in paragraph (d), for "the institution" substitute "AMES Australia";
(f)for paragraph (f) substitute—
"(f)to seek or encourage gifts to AMES Australia for the purposes of AMES Australia's objectives and functions;";
(g)for paragraph (h) substitute—
"(h)to perform any other function conferred on AMES Australia by or under this Act or an Order in Council made under section 3.3.28(1).".
(3)In section 3.3.29B(2) of the Principal Act, for "An adult education institution" substitute "AMES Australia".
(4)After section 3.3.29B(2) of the Principal Act insert—
"(3)Subject to any direction or guideline issued by the Minister, AMES Australia may engage in an activity on a commercial basis if the activity is consistent with, and does not interfere with, the carrying out of any of its functions referred to in subsection (1) or its strategic plan.".
28Powers of adult education institutions
(1)In the heading to section 3.3.29C of the Principal Act, for "adult education institutions" substitute "AMES Australia".
(2)In section 3.3.29C of the Principal Act—
(a)in subsection (1), for "An adult education institution" substitute "AMES Australia";
(b)in subsection (2), for "an adult education institution" substitute "AMES Australia";
(c)in subsection (3), for "An adult education institution" substitute "AMES Australia".
29New section 3.3.29D inserted
After section 3.3.29C of the Principal Act insert—
3.3.29DBorrowing and investment by AMES Australia"
AMES Australia has the powers conferred on it by the Borrowing and Investment Powers Act 1987.".
30Functions of governing boards
(1)In the heading to section 3.3.30 of the Principal Act, for "governing boards" substitute "the Board of AMES Australia".
(2)In section 3.3.30(1) of the Principal Act—
(a)for "governing board of an adult education institution" substitute "Board of AMES Australia";
(b)for paragraph (a) substitute—
"(a)to oversee and govern AMES Australia efficiently and effectively; and";
(c)in paragraph (b)(ii), for "the institution" substitute "AMES Australia";
(d)in paragraphs (c) and (d), for "the institution" substitute "AMES Australia";
(e)in paragraph (e), for "institution staff" substitute "staff of AMES Australia";
(f)in paragraphs (f) and (g), for "the institution" (wherever occurring) substitute "AMES Australia";
(g)in paragraph (h)—
(i)for "the institution" substitute "AMES Australia";
(ii)omit "and the Secretary";
(h)for paragraph (i) substitute—
"(i)to perform any other function conferred on the Board of AMES Australia by or under this Act or an Order in Council made under section 3.3.28(1).".
(3)In section 3.3.30(2) of the Principal Act, for "governing board of an adult education institution" substitute "Board of AMES Australia".
31Powers of governing boards
(1)In the heading to section 3.3.31 of the Principal Act, for "governing boards" substitute "the Board of AMES Australia".
(2)In section 3.3.31(1) and (3) of the Principal Act, for "A governing board" substitute "The Board of AMES Australia".
32Accountability of governing boards
(1)In the heading to section 3.3.32 of the Principal Act, for "governing boards" substitute "the Board of AMES Australia".
(2)In section 3.3.32(1) of the Principal Act—
(a)for "A governing board" substitute "The Board of AMES Australia";
(b)paragraph (a) is repealed.
(3)In section 3.3.32(2) of the Principal Act—
(a)for "A governing board" substitute "The Board of AMES Australia";
(b)for "the board" substitute "the Board".
(4)In section 3.3.32(4) of the Principal Act—
(a)for "governing board of an adult education institution" substitute "Board of AMES Australia";
(b)for "governing board's" substitute "Board's".
33Governing board membership
(1)For the heading to section 3.3.33 of the Principal Act substitute—
Membership of the Board of AMES Australia"".
(2)In section 3.3.33(1) of the Principal Act—
(a)for "An Order in Council under section 3.3.28 must provide for a governing board of an adult education institution consisting of not less than 9 and not more than 15" substitute "The Board of AMES Australia consists of not less than 9 and not more than 11";
(b)in paragraph (a), for "the governing board;" substitute "the Board; and";
(c)after paragraph (a) insert—
"(ab)one is to be the chief executive officer of AMES Australia; and";
(d)in paragraph (b)—
(i)in subparagraph (i), for "the Minister;" substitute "the Minister; or";
(ii)in subparagraph (ii), for "the Minister;" substitute "the Minister; and".
(3)In section 3.3.33(2) of the Principal Act—
(a)for "a governing board" substitute "the Board";
(b)for "to a board" substitute "of the Board";
(c)for paragraph (g) substitute—
"(g)the educational needs of and services required by migrants, refugees and asylum seekers in the community.".
(4)For section 3.3.33(3) of the Principal Act substitute—
"(3)A person who is a member of Parliament must not be appointed as a member of the Board of AMES Australia.".
34Strategic plans
(1)In section 3.3.34A(1) of the Principal Act—
(a)for "The governing board of an adult education institution" substitute "The Board of AMES Australia";
(b)for "the institution" substitute "AMES Australia".
(2)After section 3.3.34A(3) of the Principal Act insert—
"(3A)If the Minister refuses to accept a strategic plan under subsection (3)(c), the Board of AMES Australia must, at the time or times determined by the Minister, amend and resubmit the strategic plan to the Minister for acceptance.".
(3)In section 3.3.34A(4) of the Principal Act, for "The governing board of an adult education institution" substitute "The Board of AMES Australia".
35When statement of corporate intent to be prepared
(1)In the heading to section 3.3.34B of the Principal Act, after "When" insert "is a".
(2)In section 3.3.34B(1) of the Principal Act—
(a)for "governing board of an adult education institution" substitute "Board of AMES Australia";
(b)in paragraph (a), for "Secretary" substitute "Minister".
(3)In section 3.3.34B(2) of the Principal Act—
(a)for "governing board of an adult education institution" substitute "Board of AMES Australia";
(b)for "the institution" substitute "AMES Australia".
(4)In section 3.3.34B(3) of the Principal Act—
(a)for "governing board of an adult education institution" substitute "Board of AMES Australia";
(b)for "the adult education institution" substitute "AMES Australia".
(5)In section 3.3.34B(4) and (5) of the Principal Act, for "governing board of an adult education institution" substitute "Board of AMES Australia".
36Content of statement of corporate intent
In section 3.3.34C of the Principal Act—
(a)for "governing board of an adult education institution" (where twice occurring) substitute "Board of AMES Australia";
(b)omit "and the Secretary";
(c)for "the institution" (wherever occurring) substitute "AMES Australia".
37Reserve powers of Minister
(1)In section 3.3.35(1) of the Principal Act—
(a)for "governing board of an institution" substitute "Board of AMES Australia";
(b)in paragraph (a), for "managing the institution" substitute "governing AMES Australia";
(c)paragraph (b) is repealed;
(d)in paragraph (c), for "governing board" (where twice occurring) substitute "Board";
(e)in paragraph (d)—
(i)for "governing board" substitute "Board";
(ii)in subparagraph (i)—
(A)for "management" substitute "governance of AMES Australia";
(B)for "the institution's chief executive officer" substitute "the chief executive officer of AMES Australia";
(f)paragraph (d)(ii) is repealed;
(g)in paragraphs (e) and (f), for "governing board" substitute "Board";
(h)in the note at the foot of paragraph (f), for "governing board" substitute "Board of AMES Australia";
(i)in paragraph (g), for "the institution" substitute "AMES Australia".
(2)In section 3.3.35(2) of the Principal Act, for "a governing board" substitute "the Board of AMES Australia".
38Notice of proposal
(1)In section 3.3.36(1) of the Principal Act—
(a)for "his or her" substitute "the Minister's";
(b)for "governing board" (where twice occurring) substitute "Board of AMES Australia".
(2)In section 3.3.36(2) of the Principal Act—
(a)for "a governing board" substitute "the Board of AMES Australia";
(b)for "appoint" substitute "recommend the appointment of";
(c)for "the governing board" (wherever occurring) substitute "the Board of AMES Australia".
39Appointment of administrator
(1)In section 3.3.37(1) of the Principal Act, for "the institution" substitute "AMES Australia".
(2)For section 3.3.37(2) of the Principal Act substitute—
"(2)An administrator appointed under this section has and may exercise all of the powers and is subject to all the functions of the Board of AMES Australia and the chief executive officer of AMES Australia.".
(3)In section 3.3.37(3) of the Principal Act, for "governing board" substitute "Board of AMES Australia".
(4)In section 3.3.37(5) of the Principal Act, for "will be revoked" substitute "is revoked".
(5)In section 3.3.37(6) of the Principal Act—
(a)for "an institution" substitute "AMES Australia";
(b)for "governing board of the institution" (where twice occurring) substitute "Board of AMES Australia".
40Saving of acts of board
(1)In the heading to section 3.3.38 of the Principal Act, for "board" substitute "Board of AMES Australia".
(2)In section 3.3.38 of the Principal Act—
(a)for "a governing board" substitute "the Board of AMES Australia";
(b)for "the governing board" substitute "the Board of AMES Australia".
41Employment of staff
(1)In section 3.3.40(1) of the Principal Act—
(a)for "an adult education institution" substitute "AMES Australia";
(b)for "the institution" (where twice occurring) substitute "AMES Australia".
(2)In section 3.3.40(2) of the Principal Act, for "An adult education institution" substitute "AMES Australia".
(3)In section 3.3.40(3) of the Principal Act—
(a)for "An adult education institution" substitute "AMES Australia";
(b)for "the institution" (where twice occurring) substitute "AMES Australia".
42Minister may object to chief executive officer appointment
(1)In section 3.3.41(1) of the Principal Act—
(a)for "the adult education institution" substitute "AMES Australia";
(b)for "the institution" substitute "AMES Australia".
(2)For section 3.3.41(2) of the Principal Act substitute—
"(2)The Minister may, within 15 days after receiving a notification under subsection (1) and after considering the proposal from AMES Australia, give AMES Australia notice in writing of the Minister's objection to the proposed appointment.".
(3)In section 3.3.41(3) of the Principal Act—
(a)for "An adult education institution" substitute "AMES Australia";
(b)for "the institution" substitute "AMES Australia".
43Staff conditions
In section 3.3.42 of the Principal Act, for "An adult education institution" substitute "AMES Australia".
44Chief executive officers
(1)In the heading to section 3.3.43 of the Principal Act, for "officers" substitute "officer of AMES Australia".
(2)In section 3.3.43(1) of the Principal Act—
(a)for "an institution" substitute "AMES Australia";
(b)for "the institution" substitute "AMES Australia";
(c)for "governing board of the institution" substitute "Board of AMES Australia".
(3)In section 3.3.43(2) of the Principal Act—
(a)for "an institution" substitute "AMES Australia";
(b)for "governing board" substitute "Board of AMES Australia";
(c)for "the institution" substitute "AMES Australia".
45Decision about registration
For section 4.3.16(4A)(c) of the Principal Act substitute—
"(c)AMES Australia;".
46Definitions
In section 4.3.38 of the Principal Act, in the note at the foot of the definition of RTO, for "adult education institutions" substitute "AMES Australia".
47Definition of RTO in this Division
In the note at the foot of section 4.6A.1 of the Principal Act, for "adult education institutions" substitute "AMES Australia".
48Minister's general powers
(1)In section 5.2.1(2)(e) of the Principal Act, for "he or she" substitute "the Minister".
(2)In section 5.2.1(2)(f) of the Principal Act—
(a)for "adult education institution" substitute "AMES Australia";
(b)for "he or she" substitute "the Minister".
49 Section 5.3A.9 substituted
For section 5.3A.9 of the Principal Act substitute—
5.3A.9Authorisations for use of Victorian student numbers or related information"
(1)The Secretary may authorise, in writing, a person, body or class of persons or bodies to access, use or disclose one or more Victorian student numbers or related information.
(2)An authorisation under subsection (1) may authorise the access, use or disclosure of one or more Victorian student numbers or related information for any or all of the following purposes—
(a)monitoring and ensuring student enrolment and attendance;
(b)ensuring education or training providers and students receive appropriate resources;
(c)statistical purposes relating to education or training;
(d)research purposes relating to education or training;
(e)ensuring students' educational records are accurately maintained;
(f)as required or authorised by or under law;
(g)a purpose prescribed in the regulations;
(h)a purpose specified in a Ministerial Order.
(3)An authorisation under subsection (1) may be subject to conditions.
(4)The Secretary may revoke an authorisation under subsection (1) at any time.".
50New section 5.3A.9A inserted
After section 5.3A.9 of the Principal Act insert—
5.3A.9ASecretary to have regard to guidelines when giving or revoking an authorisation"
The Secretary must have regard to—
(a)guidelines issued under section 5.3A.10A(2)(a) (if any) before giving an authorisation under section 5.3A.9(1); and
(b)guidelines issued under section 5.3A.10A(2)(c) (if any) before revoking an authorisation under section 5.3A.9(4).".
51Section 5.3A.10 substituted
For section 5.3A.10 of the Principal Act substitute—
5.3A.10Authorised users must act in accordance with Division 3 of Part 5.3A "
(1)An authorised user must not access, use or disclose the Victorian student number or related information except in accordance with this Division.
Penalty:30 penalty units.
(2)This section does not apply to an authorised user who is a statutory authority.".
52New sections 5.3A.10A, 5.3A.10B and 5.3A.10C inserted
After section 5.3A.10 of the Principal Act insert—
5.3A.10AGuidelines"
(1)The Secretary must issue guidelines addressing the following matters—
(a)the manner in which an authorised user may access, use or disclose the Victorian student number or related information for a purpose specified in section 5.3A.9(2);
(b)the storage and destruction of the Victorian student number or related information in the Student Register;
(c)any prescribed matter;
(d)any matter specified in a Ministerial Order.
(2)Without limiting subsection (1), the Secretary may also issue guidelines addressing the following matters—
(a)matters to be considered in relation to giving an authorisation under section 5.3A.9(1);
(b)the types of persons, bodies or classes or persons or bodies who may be authorised by the Secretary under section 5.3A.9(1);
(c)matters to be considered in relation to revoking an authorisation under section 5.3A.9(4);
(d)notification of the making of an authorisation;
(e)reporting requirements for authorised users;
(f)any other matter determined by the Secretary;
(g)any prescribed matter;
(h)any matter specified in a Ministerial Order.
(3)Guidelines issued under this section take effect on the date specified in the guidelines.
(4)The Secretary must publish any guidelines issued under this section on an appropriate Internet site as soon as possible after the guidelines are issued.
(5)The Secretary may review guidelines issued under this section at any time and may issue amended guidelines as the Secretary considers necessary.
(6)Guidelines issued under this section are not legislative instruments within the meaning of the Subordinate Legislation Act 1994.
5.3A.10BAuthorised users must comply with guidelines
(1)An authorised user must comply with guidelines issued by the Secretary (if any) under section 5.3A.10A that relate to the authorised user.
(2)An authorised user's failure to comply with guidelines issued by the Secretary under section 5.3A.10A does not constitute an offence against section 5.3A.10(1).
5.3A.10CApplication of Privacy and Data Protection Act 2014 to certain authorised users
(1)This section applies to an authorised user that is not—
(a)an organisation within the meaning of the Privacy and Data Protection Act 2014; or
(b )subject to the Privacy Act 1988 of the Commonwealth, or that Act as applied as a law of Victoria by any other law.
(2)The Privacy and Data Protection Act 2014 applies to the handling of personal information or unique identifiers by an authorised user under this Division as if the authorised user were an organisation within the meaning of that Act.".
53Prohibition on Secretary's use or disclosure
For section 5.3A.14 of the Principal Act substitute—
5.3A.14Prohibition on Secretary's use or disclosure"
The Secretary must not use, or disclose to any person or body, the Victorian student number allocated to a student or any related information except—
(a)to an authorised user in accordance with the authorisation of that authorised user; or
(b)as required or authorised by or under law; or
(c)in the exercise of any other function, power or duty under this Part.".
54New sections 6.1.55, 6.1.56, 6.1.57, 6.1.58, 6.1.59, 6.1.60 and 6.1.61 inserted
After section 6.1.54 of the Principal Act insert—
"6.1.55 Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—membership of Adult, Community and Further Education Board
(1)Despite the amendments made to section 3.3.10 by section 15 of the amending Act, if immediately before the commencement day, a person was appointed as a member of the Adult, Community and Further Education Board under section 3.3.10, the person's appointment as a member continues, on and after the commencement day, subject to the terms and conditions specified in the person's instrument of appointment, until their term of office expires or their office becomes vacant (whichever occurs first).
(2)Despite the amendments made to section 3.3.10 by section 15 of the amending Act, if immediately before the commencement day, a member of the Adult, Community and Further Education Board was eligible for re‑appointment and the re-appointment had not been confirmed, the person may be re‑appointed as a member, on and after the commencement day, in accordance with section 3.3.10 as in force immediately before the commencement day.
(3)In this section—
amending Act means the Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022;
commencement day means the day on which section 15 of the amending Act comes into operation.
6.1.56Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—membership of Regional Councils
(1)Despite the amendments made to section 3.3.21 by section 21 of the amending Act, if immediately before the commencement day, a person was appointed as a member of a Regional Council under section 3.3.21, the person's appointment as a member continues, on and after the commencement day, subject to the terms and conditions specified in the person's instrument of appointment until the earlier of the following occurs—
(a)the member's term of office expires;
(b)the member's office becomes vacant;
(c)the member resigns;
(d)the member is removed or suspended.
(2)Despite the amendments made to section 3.3.21 by section 21 of the amending Act, if immediately before the commencement day, a person was eligible for re-appointment as a member of a Regional Council under section 3.3.22(1) and the re-appointment had not been confirmed, the person may be re-appointed as a member, on and after the commencement day, in accordance with section 3.3.21 as in force immediately before the commencement day.
(3)In this section—
amending Act means the Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022;
commencement day means the day on which section 21 of the amending Act comes into operation.
6.1.57Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—Adult Multicultural Education Services
(1)Despite the amendments made to section 3.3.26 by section 23 of the amending Act, Adult Multicultural Education Services as established and in existence under that section as in force immediately before its amendment continues on and from the commencement day as AMES Australia under section 3.3.26 as if it had been established under that section.
(2)In this section—
amending Act means the Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022;
commencement day means the day on which section 23 of the amending Act comes into operation.
6.1.58Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—membership of governing board of AMES
(1)Despite the amendments made to section 3.3.33 by section 33 of the amending Act, if immediately before the commencement day, a person was appointed as a member of the governing board of AMES under section 3.3.33, the person's appointment continues, on and after the commencement day, as a member of the Board of AMES Australia subject to the terms and conditions specified in the person's instrument of appointment until the earlier of the following occurs—
(a)the member's term of office expires;
(b)the member's office becomes vacant;
(c)the member resigns;
(d)the member is removed or suspended.
(2)Despite the amendments made to section 3.3.33 by section 33 of the amending Act, if immediately before the commencement day, a member of the governing board of AMES was eligible for re-appointment and the re‑appointment had not been confirmed, the person may be re-appointed, on and after the commencement day, as a member of the Board of AMES Australia in accordance with section 3.3.33 as in force immediately before the commencement day.
(3)In this section—
amending Act means the Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022;
commencement day means the day on which section 33 of the amending Act comes into operation.
6.1.59Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—application for registration as a training organisation
(1)If, immediately before the commencement day, an application made under section 4.3.16 was on foot and had not been granted, section 4.3.16 as amended by section 57 of the amending Act applies, on and after the commencement day, to the application.
(2)In this section—
amending Act means the Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022;
commencement day means the day on which section 57 of the amending Act comes into operation.
6.1.60 Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—authorisations for access, use or disclosure of Victorian student number or related information
(1)Despite the amendments made to section 5.3A.9 by section 49 of the amending Act, an authorisation given by the Secretary under section 5.3A.9(1) as in force immediately before the commencement day, continues to apply, on and after the commencement day, until it is revoked.
(2)In this section—
amending Act means the Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022;
commencement day means the day on which section 49 of the amending Act comes into operation.
6.1.61Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—application of guidelines issued by Secretary on authorisations for access, use or disclosure of Victorian student number or related information
(1)If, immediately before the commencement day, an authorisation given by the Secretary under section 5.3A.9(1) was in force, any guidelines issued by the Secretary under section 5.3A.10A as inserted by section 52 of the amending Act apply to that authorisation, on and after the date on which the guidelines take effect.
(2)In this section—
amending Act means the Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022;
commencement day means the day on which section 52 of the amending Act comes into operation.".
55Schedule 2—General provisions for authorities
(1)In clause 1 of Schedule 2 to the Principal Act, for paragraph (e) of the definition of authority substitute—
"(e)the Board of AMES Australia;".
(2)In clauses 3(4), 9(2) and 11(2) of Schedule 2 to the Principal Act, for "governing board of an adult education institution" substitute "Board of AMES Australia".
(3)For clause 11(3) of Schedule 2 to the Principal Act substitute—
"(3)The Board of AMES Australia may, by instrument, delegate to the members of a committee established by the Board, a member of the Board, the chief executive officer of AMES Australia or to any other person employed in the Department or by AMES Australia in the administration or execution of this Act any power of the Board, other than this power of delegation.".
(4)In clause 13(4) of Schedule 2 to the Principal Act, for "governing board of an adult education institution" substitute "Board of AMES Australia".
(5)In the heading to clause 13A of Schedule 2 to the Principal Act, for "adult education institutions" substitute "AMES Australia".
(6)In clause 13A(2) of Schedule 2 to the Principal Act—
(a)for "An adult education institution" substitute "AMES Australia";
(b)for "the institution" substitute "AMES Australia".
(7)In clause 13A(3) and (4) of Schedule 2 to the Principal Act—
(a)for "an adult education institution" substitute "AMES Australia";
(b)for "the institution" (wherever occurring) substitute "AMES Australia".
(8)In clause 14(2) of Schedule 2 to the Principal Act, for "governing board of an adult education institution" substitute "Board of AMES Australia".
Part 3—Further amendments to the Principal Act
56Definitions
(1)In section 1.1.3 of the Principal Act—
(a)at the foot of the definition of post‑secondary education institution insert—
"Note
See section 1.1.3(5).";
(b)at the foot of the definition of post‑secondary education provider insert—
"Note
See section 1.1.3(5).
Examples of a person or body providing or offering to provide post-secondary education include the following—
(a) a RTO;
(b) a vocational education and training organisation that is registered under section 17 of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth and operating in Victoria.".
(2)After section 1.1.3(4) of the Principal Act insert—
"(5)For the purposes of the definitions of post‑secondary education institution and post‑secondary education provider, a post‑secondary education institution and a post‑secondary education provider may provide education to persons who are of compulsory school age.".
57Decision about registration
(1)After section 4.3.16(2B) of the Principal Act insert—
"(2C)In deciding the application, the Authority may conduct a compliance audit of the applicant and the relevant premises (within the meaning of section 5.8.3B) from which the applicant proposes to operate.".
(2)In section 4.3.16(3) of the Principal Act—
(a)in paragraph (bd), for "with; and" substitute "with.";
(b)paragraph (c) is repealed.
(3)Section 4.3.16(4) of the Principal Act is repealed.
(4)In section 4.3.16(5) of the Principal Act, for "(2B)," substitute "(2B), (2C),".
(5)Section 4.3.16(5A) of the Principal Act is repealed.
58Amending registration on application by registered education and training organisation
In section 4.3.19(3) of the Principal Act—
(a)in paragraph (b), for "application;" substitute "application.";
(b)paragraph (c) is repealed.
59Schedule 2—General provisions for authorities
In clause 4(2) of Schedule 2 to the Principal Act, for "or the Victorian Registration and Qualifications Authority" substitute ", the Victorian Registration and Qualifications Authority or the Victorian Academy of Teaching and Leadership".
Part 4—Amendments to the Child Wellbeing and Safety Act 2005 and the Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021
60Schedule 3—Entities to which the reportable conduct scheme applies on and after commencement of Part 5A
In item 2 of Schedule 3 to the Child Wellbeing and Safety Act 2005, for "or registered senior secondary qualification" substitute ", a registered senior secondary qualification, an accredited foundation secondary course or a registered foundation secondary qualification".
61Section 41BA amended
(1)In section 43 of the Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021, in proposed new section 41BA(3)(iv) of the Child Wellbeing and Safety Act 2005, for 'care.".' substitute "care.".
(2)In section 43 of the Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021, after proposed new section 41BA(3) of the Child Wellbeing and Safety Act 2005 insert—
'(4)This section does not apply to the VRQA.".'.
62New Divisions 5 to 12 of Part 5.8 inserted
(1)In section 76 of the Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021, in proposed new section 5.8.10(1) of the Education and Training Reform Act 2006—
(a)for "necessary" substitute "relevant";
(b)in paragraph (b), for "premises; or" substitute "premises under Division 1A of Part 4.3; or".
(2)In section 76 of the Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021, for proposed new section 5.8.17 of the Education and Training Reform Act 2006 substitute—
"5.8.17 Application of Division
This Division applies to a relevant entity for which the Authority is an integrated sector regulator that—
(a)is registered under Division 1 of Part 4.3; or
(b)is registered under Division 1A of Part 4.3; or
(c)is registered under Division 3 of Part 4.3; or
(d)is registered under Division 4 of Part 4.3; or
(e)is approved under Part 4.5; or
(f)is approved under Part 4.5A.".
(3)In section 76 of the Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021, for proposed new section 5.8.18(1)(a) of the Education and Training Reform Act 2006 substitute—
"(a)the registration of the relevant entity under Division 1, 1A, 3 or 4 of Part 4.3; or".
63Schedule 1 substituted
In section 17 of the Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021, in proposed new item 4 of Schedule 1 to the Child Wellbeing and Safety Act 2005, for "or registered senior secondary qualification" substitute ", a registered senior secondary qualification, an accredited foundation secondary course or a registered foundation secondary qualification".
Part 5—Amendments to other Acts
64What are public entities?
In section 5(1A)(b) of the Public Administration Act 2004, after "AMES" insert "Australia".
65Definitions
In section 67(1) of the Sex Offenders Registration Act 2004, in the definition of educational institution—
(a)paragraph (b)(iv) is repealed;
(b)in paragraph (e) omit "or an adult education institution".
66Definitions
In section 3(1) of the Worker Screening Act 2020, in the definition of educational institution—
(a)paragraph (b)(iv) is repealed;
(b)in paragraph (e) omit "or an adult education institution".
Part 6—Repeal of this Act
67Repeal of this Act
This Act is repealed on 24 May 2024.
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: 25 May 2022
Legislative Council: 23 June 2022
The long title for the Bill for this Act was "A Bill for an Act to amend the Child Wellbeing and Safety Act 2005, the Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021, the Education and Training Reform Act 2006, the Public Administration Act 2004, the Sex Offenders Registration Act 2004 and the Worker Screening Act 2020 and for other purposes. "
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