Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018 (Vic)
Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018
No. 31 of 2018
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Principal Act
Part 2—Amendment of Education and Training Reform Act 2006 relating to registration scheme for teachers and early childhood teachers
4Definitions
5New sections 1.1.3A, 1.1.3B and 1.1.3C inserted
6Application for registration—Teachers
7Registration as a teacher
8Application for registration—Early childhood teacher
9Registration as an early childhood teacher
10Application for permission to teach
11Permission to teach
12New section 2.6.14A inserted
13Entitlement of applicant to make submissions
14Section 2.6.19 substituted
15Change in teacher's name or correspondence address must be notified to Institute
16Teacher must notify Institute of change to employer
17Early childhood teacher must notify Institute of change to employer
18New section 2.6.26E inserted
19Substitution of section 2.6.27 and new sections 2.6.27A to 2.6.27G inserted
20Institute must notify persons of interim suspension
21Notice of revocation of interim suspension
22Cancellation of registration held under this Part without inquiry
23New section 2.6.29D inserted
24Powers of inquiry
25Notifications to Institute concerning conduct of, and actions against, registered teacher
26Section 2.6.32 substituted
27When matters are to be investigated
28Findings and determinations of a formal hearing
29Notifications
30What the register must contain
31Review by VCAT
32Provision of information by teachers
33Amendments to replace references to sexual offence
34Decision about registration
35Amending, suspending or cancelling registration without application
36New section 6.1.43 inserted
Part 3—Amendment of Education and Training Reform Act 2006 relating to mergers of TAFE institutes and adult education institutions
37Definitions
38TAFE institutes and boards
39Accountability of TAFE institute boards
40New section 3.1.26AB inserted
41Definitions in Part 3.3
42Financial powers of the Adult, Community and Further Education Board
43Performance agreements
44Section 3.3.27 repealed—Centre for Adult Education
45Schedule 3—Employment of staff
Part 4—Other amendments of Education and Training Reform Act 2006
46Definitions
47Functions of Institute
48Resignation and removal
49Acting members
50Repeal of section 3.1.18D—Annual meetings
51Establishment of a board of a TAFE institute to govern both the institute and an adult education institution
52Adult Multicultural Education Services
53Repeal of section 3.3.34D—Annual meetings
54Chapter 4—Interpretation—Repeal of definition of Ministerial Council
55Functions of Authority
56New Division heading
57Amendments consequential to insertion of Divisions in Part 4.6A
58New Division 2 inserted in Part 4.6A
59New section 5.8.2AB inserted
60Repeal of section 5.8.3U—Complaints against authorised officers
61Injunctions to restrain conduct
62Injunctions to do an act or thing
63Amendment of heading to Part 5.10
64Ministerial orders—general provisions
65Statute law revision amendments
Part 5—Amendments to other Acts
Division 1—Amendment of Working with Children Act 2005
66Teachers
67Teachers
68Confidentiality of information
69New section 55 inserted
Division 2—Amendment of Children, Youth and Families Act 2005
70Notice of Panel's findings and determinations
71Notice of Panel's determination on application
Division 3—Amendment of the Public Administration Act 2004
72What are public entities?
Part 6—Amendment of university Acts
Division 1—Deakin University Act 2009
73New Division 5 of Part 8 inserted
74Terms and conditions of office of Council members
75Filling of casual vacancies generally
Division 2—Federation University Australia Act 2010
76New Division 6 of Part 8 inserted
77Terms and conditions of office of Council members
78Filling of casual vacancies generally
Division 3—La Trobe University Act 2009
79New Division 5 of Part 8 inserted
80Terms and conditions of office of Council members
81Filling of casual vacancies generally
Division 4—Monash University Act 2009
82New Division 5 of Part 8 inserted
83Terms and conditions of office of Council members
84Filling of casual vacancies generally
85Statute law revision amendment
Division 5—Royal Melbourne Institute of Technology Act 2010
86New Division 5 of Part 8 inserted
87Terms and conditions of office of Council members
88Filling of casual vacancies generally
Division 6—Swinburne University of Technology Act 2010
89New Division 5 of Part 8 inserted
90Terms and conditions of office of Council members
91Filling of casual vacancies generally
Division 7—University of Melbourne Act 2009
92New Division 6 of Part 8 inserted
93Terms and conditions of office of Council members
94Filling of casual vacancies generally
Division 8—Victoria University Act 2010
95New Division 5 of Part 8 inserted
96Terms and conditions of office of Council members
97Filling of casual vacancies generally
Part 7—Repeal of amending Act
98Repeal of amending Act
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Endnotes
1 General information
Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018
No. 31 of 2018
[Assented to 7 August 2018]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The purposes of this Act are—
(a)to amend the Education and Training Reform Act 2006—
(i)to align the registration scheme for teachers and early childhood teachers with the scheme under the Working with Children Act 2005 for assessing applicants for a working with children check; and
(ii)to provide for penalties for registered teachers who fail to comply with requirements to give the Victorian Institute of Teaching certain information; and
(iii)to require the Victorian Institute of Teaching to give certain information about the suspension and cancellation of registered teachers to the Secretary under the Working with Children Act 2005; and
(iv)to empower the Victorian Institute of Teaching to share certain information with the Secretary under the Working with Children Act 2005 regarding child-related work undertaken by applicants for registration; and
(v)to provide for a TAFE institute to merge with an adult education institution; and
(vi)to provide for the Victorian Registration and Qualifications Authority to handle complaints against various persons, bodies, schools and institutions; and
(vii)to require the Victorian Institute of Teaching to consider the wellbeing and safety of children, taking into account community expectations when performing its regulatory functions; and
(viii)to make other miscellaneous amendments to that Act; and
(b)to make related amendments to the Working with Children Act 2005; and
(c)to make related amendments to the Children, Youth and Families Act 2005; and
(d)to make minor amendments to the Public Administration Act 2004; and
(e)to amend various university Acts in relation to members of university Councils.
2Commencement
(1)This Part and Part 3 (except sections 37, 41 and 44) and sections 50, 51, 52, 53, 65, 72(1) and 85 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision referred to in subsection (2) does not come into operation before 1 September 2019, it comes into operation on that day.
3Principal Act
In Parts 2, 3 and 4 of this Act, the Education and Training Reform Act 2006 is called the Principal Act.
Part 2—Amendment of Education and Training Reform Act 2006 relating to registration scheme for teachers and early childhood teachers
4Definitions
(1)In section 1.1.3(1) of the Principal Act, the definition of sexual offence is repealed.
(2)In section 1.1.3(1) of the Principal Act insert the following definitions—
"interim negative notice has the same meaning as in the Working with Children Act 2005;
negative notice has the same meaning as in the Working with Children Act 2005;
non-conviction charge means a charge against a person for a category A offence or category B offence that has been finally dealt with (within the meaning of section 6(1) of Working with Children Act 2005) other than by way of a conviction or a finding of guilt;".
(3)After section 1.1.3(4)(b) of the Principal Act insert—
"(ba)a non-conviction charge against the person;".
5New sections 1.1.3A, 1.1.3B and 1.1.3C inserted
After section 1.1.3 of the Principal Act insert—
"1.1.3A Meaning of category A offence
(1)A category A offence means any of the following offences—
(a)an offence specified in clauses 1 and 2 of Schedule 1 to the Working with Children Act 2005 if the conduct constituting or alleged to constitute that offence occurred when the person was an adult;
(b)an offence specified in clauses 3 to 10 of Schedule 1 to the Working with Children Act 2005;
(c)an offence against any of the following sections of the Criminal Code of the Commonwealth—
(i)section 270.7B (forced marriage), involving a person under 18 years of age;
(ii)section 474.25A (using a carriage service for sexual activity with person under 16 years of age);
(iii)section 474.27A (using a carriage service to transmit indecent communication to person under 16 years of age);
(d)any other offence, whether committed in Victoria or elsewhere, the necessary elements of which consist of or include elements which constitute an offence referred to in paragraph (c).
(2)For the purposes of subsection (1)(a), if the conduct constituting or alleged to constitute an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult.
1.1.3BMeaning of category B offence
(1)A category B offence means any of the following offences—
(a)an offence specified in clause 2, 8, 9 or 14A of Schedule 2 to the Working with Children Act 2005, if the conduct constituting or alleged to constitute that offence occurred when the person was an adult;
(b)an offence specified in clauses 1, 3 to 7, 9A, 10 to 14 or 15 to 18 of Schedule 2 to the Working with Children Act 2005;
(c)an offence specified in clauses 1 and 2 of Schedule 1 to the Working with Children Act 2005, if the conduct constituting or alleged to constitute that offence occurred when the person was a child.
(2)For the purposes of this section, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult.
1.1.3CMeaning of category C conduct
(1)Category C conduct means any of the following—
(a)a conviction or finding of guilt of an indictable offence, whether committed in Victoria or elsewhere (other than a category A offence or a category B offence), the necessary elements of which consist of elements that constitute the indictable offence;
(b)a conviction or finding of guilt of an offence specified in clause 2, 8, 9 or 14A of Schedule 2 to the Working with Children Act 2005 if the conduct constituting that offence occurred when the person was a child;
(c)a conviction or finding of guilt of an offence against section 23 or 24 of the Summary Offences Act 1966 or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against section 23 or 24 of the Summary Offences Act 1966;
(d)conduct that forms the basis of a non‑conviction charge;
(e)conduct that forms the basis of any disciplinary action taken against a registered teacher by an employer that is notified by the employer to the Institute under section 2.6.31;
(f)conduct that forms the basis of any disciplinary action that has been taken against a person by an entity for which the person works (including as a volunteer), of which the Institute becomes aware under the reportable conduct scheme in Part 5A of the Child Wellbeing and Safety Act 2005;
(g)conduct that forms the basis of a finding by a Suitability Panel under Division 5 of Part 3.4 of the Children, Youth and Families Act 2005 that a person should be disqualified from registration under Part 3.4 of that Act;
(h)conduct that forms the basis of a prescribed kind of disciplinary action taken against a person.
(2)For the purposes of this section, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult.".
6Application for registration—Teachers
(1)After section 2.6.7(1) of the Principal Act insert—
"(1A)A person may not apply for registration as a teacher within 5 years after having been given a negative notice under the Working with Children Act 2005 unless, since the person was given the negative notice, the negative notice has been set aside or the person has been given an assessment notice under that Act.".
(2)After section 2.6.7(4)(ac) of the Principal Act insert—
"(ad)provide information about any previous or current work involving children (including as a volunteer) engaged in by the applicant;".
7Registration as a teacher
(1)In the heading to section 2.6.9 of the Principal Act, after "Registration" insert "as a teacher".
(2)For section 2.6.9(1)(b) of the Principal Act substitute—
"(b)there are no grounds under subsection (1A) or (2) under which the Institute must or may refuse to grant registration to the applicant; and".
(3)After section 2.6.9(1) of the Principal Act insert—
"(1A)The Institute must refuse to grant registration to an applicant on any one or more of the following grounds—
(a)the applicant is currently charged with, or has been convicted or found guilty of, a category A offence in Victoria or an equivalent offence in another jurisdiction;
(b)the applicant is currently charged with, or has been convicted or found guilty of, a category B offence in Victoria or an equivalent offence in another jurisdiction, and the Institute considers that the applicant poses an unjustifiable risk to children;
(c)the applicant has been given a negative notice.
Note
Under section 2.6.14A, if the Institute proposes to refuse registration of the applicant under section 2.6.9(1A)(a), (b) or (c), it must notify the applicant of the proposal and the applicant may make submissions about the proposal. The time for making submissions must be at least 14 days if the refusal is based on a ground under section 2.6.9(1A)(a) or (c) and 28 days for a ground under section 2.6.9(1A)(b).".
(4)In section 2.6.9(2) of the Principal Act—
(a)paragraph (b) is repealed;
(b)for paragraph (c) substitute—
"(c)that the applicant has engaged in category C conduct and—
(i)the ability of the applicant to teach in a school is likely to be affected because of the conduct engaged in; or
(ii)it is not in the public interest to allow the applicant to teach in a school because of the conduct engaged in;".
(5)At the foot of section 2.6.9(2) of the Principal Act insert—
"Note
Under section 2.6.15, if the Institute proposes to refuse registration of the applicant under section 2.6.9(2), it must notify the applicant of the proposal and the applicant may make submissions about the proposal. The time for making submissions must be at least 28 days.".
8Application for registration—Early childhood teacher
(1)After section 2.6.12A(1) of the Principal Act insert—
"(1A)A person may not apply for registration as an early childhood teacher within 5 years after having been given a negative notice under the Working with Children Act 2005 unless, since the person was given the negative notice, the negative notice has been set aside or the person has been given an assessment notice under that Act.".
(2)After section 2.6.12A(7)(c) of the Principal Act insert—
"(ca)provide information about any previous or current work involving children (including as a volunteer) engaged in by the applicant;".
9Registration as an early childhood teacher
(1)For section 2.6.12D(1)(b) of the Principal Act substitute—
"(b)there are no grounds under subsection (1A) or (2) under which the Institute must or may refuse to grant registration to the applicant; and".
(2)After section 2.6.12D(1) of the Principal Act insert—
"(1A)The Institute must refuse to grant registration to an applicant on any one or more of the following grounds—
(a)the applicant is currently charged with, or has been convicted or found guilty of, a category A offence in Victoria or an equivalent offence in another jurisdiction;
(b)the applicant is currently charged with, or has been convicted or found guilty of, a category B offence in Victoria or an equivalent offence in another jurisdiction, and the Institute considers that the applicant poses an unjustifiable risk to children;
(c)the applicant has been given a negative notice.
Note
Under section 2.6.14A, if the Institute proposes to refuse registration of the applicant under section 2.6.12D(1A)(a), (b) or (c), it must notify the applicant of the proposal and the applicant may make submissions about the proposal. The time for making submissions must be at least 14 days if the refusal is based on a ground under section 2.6.12D(1A)(a) or (c) and 28 days for a ground under section 2.6.12D(1A)(b).".
(3)In section 2.6.12D(2) of the Principal Act—
(a)paragraph (b) is repealed;
(b)for paragraph (c) substitute—
"(c)that the applicant has engaged in category C conduct and—
(i)the ability of the applicant to teach in an early childhood service is likely to be affected because of the conduct engaged in; or
(ii)it is not in the public interest to allow the applicant to teach in an early childhood service because of the conduct engaged in;".
(4)At the foot of section 2.6.12D(2) of the Principal Act insert—
"Note
Under section 2.6.15, if the Institute proposes to refuse registration of the applicant under section 2.6.12D(2), it must notify the applicant of the proposal and the applicant may make submissions about the proposal. The time for making submissions is at least 28 days if the refusal is based on a ground under section 2.6.12D(2).".
10Application for permission to teach
(1)After section 2.6.13(1) of the Principal Act insert—
"(1A)A person may not apply for permission to teach within 5 years after having been given a negative notice under the Working with Children Act 2005 unless, since the person was given the negative notice, the negative notice has been set aside or the person has been given an assessment notice under that Act.".
(2)For section 2.6.13(3) of the Principal Act substitute—
"(3)The Institute may require an applicant to provide further information or material in respect of the application including information about—
(a)criminal records; and
(b)any previous or current work involving children (including as a volunteer) engaged in by the applicant.".
11Permission to teach
For section 2.6.14(1)(b) of the Principal Act substitute—
"(b)there are no grounds under section 2.6.9(1A) or (2) under which the Institute must or may refuse to grant registration to the applicant; and".
12New section 2.6.14A inserted
In Division 5 of Part 2.6, before section 2.6.15 of the Principal Act insert—
"2.6.14A Notice of intention to refuse or renew registration under grounds relating to a category A offence or a category B offence
(1)If the Institute is proposing to refuse an application for registration or renewal of registration under this Part on any ground under section 2.6.9(1A) or 2.6.12D(1A), the Institute must serve a notice of intention on the applicant that states the following—
(a)that the Institute proposes to refuse the application;
(b)the ground on which the proposal to refuse the application is based;
(c)any category A offence or category B offence, with which the applicant is currently charged, or of which the applicant has been convicted or found guilty, that forms the basis for the ground on which the proposal is based (the relevant offence);
(d)if the relevant offence is a category B offence, the reasons why the Institute believes that the applicant would pose an unjustifiable risk to children if the application were granted;
(e)that the applicant is entitled to show, within the period specified in the notice (the show cause period), why the Institute should not refuse the application;
(f)any requirements of the Institute relating to the form or content of a submission made by the applicant.
(2)An applicant who has been served with a notice under subsection (1) may, within the show cause period, make written submissions to the Institute about the proposal to refuse an application.
(3)Before the Institute makes a decision on the proposal it must take into account any submissions made to the Institute by an applicant within the show cause period .
(4)The show cause period specified in the notice of intention by the Institute must be—
(a)in the case of a refusal of an application on a ground under section 2.6.9(1A)(a) or (c) or 2.6.12D(1A)(a) or (c), not less than 14 days after the notice of intention is served on the applicant; and
(b)in the case of a refusal of an application on a ground under section 2.6.9(1A)(b) or 2.6.12D(1A)(b), not less than 28 days after the notice of intention is served on the applicant.".
13Entitlement of applicant to make submissions
(1)In section 2.6.15 of the Principal Act—
(a)omit "or permission to teach" (where twice occurring);
(b)after "renewal of registration" insert ", other than in relation to an application to which section 2.6.14A applies,";
(c)in paragraph (b), for "proposal." substitute "proposal; and";
(d)after paragraph (b) insert—
"(c)it has taken any submissions made by the applicant into account.".
(2)At the end of section 2.6.15 of the Principal Act insert—
"(2)An applicant who has been given notice under subsection (1), may make written submissions to the Institute about the proposal to refuse the application.
(3)Submissions under subsection (2) must be made within the period for making submissions specified in the notice under subsection (1), which must be no less than 28 days after the notice is given to the applicant.".
14Section 2.6.19 substituted
For section 2.6.19 of the Principal Act substitute—
"2.6.19 Refusal to renew registration
The Institute—
(a)may refuse to renew the registration of an applicant—
(i)if the Institute is satisfied that the applicant has not maintained an appropriate level of professional practice in the preceding period of registration having regard to the standards of professional practice approved by the Minister; or
(ii)on any other ground on which the Institute may refuse to grant registration; and
(b)must refuse to renew the registration of an applicant on any ground on which the Institute must refuse to grant registration.
Note
If the Institute is proposing to refuse an application for renewal of registration, the applicant is entitled to make submissions to the Institute under section 2.6.14A or 2.6.15 depending on the ground on which the refusal is based.".
15Change in teacher's name or correspondence address must be notified to Institute
At the foot of section 2.6.21A of the Principal Act insert—
"Penalty:10 penalty units.".
16Teacher must notify Institute of change to employer
At the foot of section 2.6.26AB(1) and (2) of the Principal Act insert—
"Penalty:10 penalty units.".
17Early childhood teacher must notify Institute of change to employer
At the foot of section 2.6.26C(1) and (2) of the Principal Act insert—
"Penalty:10 penalty units.".
18New section 2.6.26E inserted
After section 2.6.26D of the Principal Act insert—
"2.6.26E Institute may disclose information about child-related work to Secretary
The Institute may disclose to the Secretary within the meaning of the Working with Children Act 2005 information that the Institute has received from the following persons in relation to any child-related work within the meaning of that Act undertaken or proposed to be undertaken by that person before or after being granted registration under this Part—
(a)an applicant for registration as a registered teacher under this Part;
(b)a registered teacher.".
19Substitution of section 2.6.27 and new sections 2.6.27A to 2.6.27G inserted
For section 2.6.27 of the Principal Act substitute—
"2.6.27 Institute may suspend registration under this Part
(1)The Institute may decide that it intends to suspend all registrations held by a person under this Part if that person is charged with a category B offence in Victoria or an equivalent offence in another jurisdiction.
(2)The Institute must suspend all registrations held by a person under this Part if the person—
(a)is charged with a category A offence in Victoria or an equivalent offence in another jurisdiction; or
(b)has been given an interim negative notice.
2.6.27ANotice of intended suspension of registration
(1)The Institute must serve a notice on a person, in accordance with subsection (2), of the Institute's intention to suspend all registrations under this Part held by that person.
(2)A notice served under subsection (1) must be in writing and set out the following information—
(a)that the Institute intends to suspend each registration under this Part held by the person;
(b)the ground for suspension;
(c)in the case of a suspension under section 2.6.27(1)—
(i)that the person may make written submissions to the Institute regarding the intended suspension; and
(ii)that the submissions must be lodged with the Institute within 28 days after being served with the notice;
(d)in the case of a suspension under section 2.6.27(2), that the person, within 14 days after being served with the notice, may lodge written information with the Institute;
(e)any requirements relating to the form and content of submissions or information that may be lodged with the Institute.
(3)A copy of a notice served under this section must also be served on any person employing the person subject to the intended suspension of the person's registration under this Part.
2.6.27BSubmissions or information lodged with Institute
(1)A person who has been served with a notice under section 2.6.27A of the intention to suspend the registration of the person under section 2.6.27(1) may, within 28 days after being served with the notice, make written submissions to the Institute in order to show that the person—
(a)does not pose an unjustifiable risk to children; and
(b)is fit to teach until the category B offence with which the person is charged is finally dealt with as described in section 2.6.27F(1)(b).
(2)A person who has been served with a notice under section 2.6.27A of the intention to suspend the registration of the person under section 2.6.27(2) may, within 14 days after being served with the notice, lodge any of the following written information (if applicable) with the Institute—
(a)the person is not the person charged with the category A offence referred to in the notice;
(b)the person is not the person who was given the interim negative notice referred to in the notice;
(c)the charge for the category A offence referred to in the notice has been withdrawn;
(d)a decision has been made under the Working with Children Act 2005 in relation to the interim negative notice referred to in the notice—
(i)to give an assessment notice under that Act to the person given the interim negative notice; or
(ii)to not revoke an assessment notice held by the person given the interim negative notice.
2.6.27CInstitute must take into account submissions or information
In deciding whether to suspend the registration of a person under this Division, the Institute must take into account any submissions or information lodged by that person in accordance with the notice served under section 2.6.27A.
2.6.27DNotice of suspension of registration
(1)If the Institute suspends the registration of a person under this Division it must serve a written notice on the person containing the following information—
(a)that the person's registration is suspended;
(b)the date that the suspension takes effect (which must be no earlier than the date that the notice is served);
(c)the period that the suspension may remain in force under section 2.6.27F.
(2)A copy of a notice served under this section must be—
(a)served on any person employing the person whose registration has been suspended under this Division; and
(b)given to the Secretary within the meaning of the Working with Children Act 2005.
2.6.27EEffect and validity of suspension
(1)A suspension of registration under this Division takes effect on the date specified by the Institute in the notice served under section 2.6.27D.
(2)The validity of a suspension of registration under this Division is not affected by any failure to serve or give a copy of a notice under section 2.6.27A(3) or 2.6.27D(2).
2.6.27FSuspension remains in force
(1)A suspension of registration under this Division remains in force until the earlier of the following occurs—
(a)the Institute revokes the suspension;
(b)in the case of a charge against a person that forms the ground for the suspension, the charge is finally dealt with in any of the following ways—
(i)the charge is withdrawn or the prosecution for the offence charged is discontinued;
(ii)the person dies without the charge having been determined;
(iii)the charge is dismissed by a court;
(iv)the person is discharged by a court following a committal proceeding;
(v)the person is acquitted of the offence by a court;
(vi)the person's registration is cancelled because of being found guilty of the offence by a court;
(c)in the case of an interim negative notice that forms the ground for the suspension, a decision has been made under the Working with Children Act 2005—
(i)to give an assessment notice under that Act to the person whose registration has been suspended under this Division; or
(ii)to not revoke an assessment notice held by that person.
(2)If more than one charge forms the ground for the suspension, subsection (1)(b) does not apply until each of the charges is finally dealt with in accordance with that paragraph.
2.6.27GRevocation of suspension
If the Institute revokes a suspension of registration under this Division it must immediately notify the person subject to that suspension and any other person served with, or given, a copy of a notice under section 2.6.27D(2) of the revocation.".
20Institute must notify persons of interim suspension
(1)In the heading to section 2.6.28B of the Principal Act, for "employer of person subject to" substitute "persons of".
(2)After section 2.6.28B(3) of the Principal Act insert—
"(4)The Institute must give a copy of a notice served under subsection 2.6.28A to the Secretary within the meaning of the Working with Children Act 2005.".
21Notice of revocation of interim suspension
In section 2.6.28H of the Principal Act, after "imposed," insert "and the Secretary within the meaning of the Working with Children Act 2005,".
22Cancellation of registration held under this Part without inquiry
(1)In the heading to section 2.6.29 of the Principal Act, for "or permission to teach" substitute "held under this Part".
(2)For section 2.6.29(1) and (2) of the Principal Act substitute—
"(1)All registrations held by a person under this Part are cancelled if the person—
(a)is convicted or found guilty of a category A offence in Victoria or an equivalent offence in another jurisdiction; or
(b)has been given a negative notice.".
(3)For section 2.6.29(3) of the Principal Act substitute—
"(3)A person whose registration is cancelled by the operation of subsection (1) is disqualified from teaching in a school or an early childhood service and is not entitled to apply to be registered under this Part—
(a)if the registration is cancelled by the operation of subsection (1)(a), for an indefinite period; and
(b)subject to subsection (3A), if the registration is cancelled by the operation of subsection (1)(b), for the period of 5 years after the date on which the negative notice is given.
(3A)If a negative notice given to a person referred to in subsection (1) or (3) is set aside, or an assessment notice is given to that person, under the Working with Children Act 2005, the relevant subsection ceases to apply to the person from the date that the negative notice was set aside or the assessment notice was given to the person.".
(4)In section 2.6.29(4) of the Principal Act, for "subsections (1), (2) and (3)" substitute "subsections (1) and (3)".
(5)In section 2.6.29(5) of the Principal Act, for "subsection (1), (2) or (3)" substitute "subsection (1) or (3)".
(6)In section 2.6.29(7) of the Principal Act, for "sexual offence" substitute "category A offence or the giving of a negative notice".
23New section 2.6.29D inserted
After section 2.6.29C of the Principal Act insert—
"2.6.29D Notifications to Secretary
The Institute must notify the Secretary within the meaning of the Working with Children Act2005 of the following—
(a)any suspension of the registration of a registered teacher under section 2.6.29A;
(b)any revocation of the suspension of the registration of a registered teacher under section 2.6.29B;
(c)any cancellation of the registration of a registered teacher under section 2.6.29C.".
24Powers of inquiry
In section 2.6.30(1)(a) of the Principal Act omit "or 2.6.32".
25Notifications to Institute concerning conduct of, and actions against, registered teacher
(1)For the heading to section 2.6.31 of the Principal Act substitute—
"Notifications to Institute concerning conduct of, and actions against, registered teacher".
(2)For section 2.6.31(3) of the Principal Act substitute—
"(3)The employer of a registered teacher must immediately notify the Institute if the employer becomes aware that the teacher—
(a)is currently charged with, or convicted or found guilty of, a category A offence or a category B offence; or
(b)has been given a negative notice.".
(3)For section 2.6.31(4) of the Principal Act substitute—
"(4)The Chief Commissioner of Police must immediately notify the Institute if the Chief Commissioner becomes aware that a registered teacher has been charged with, or found guilty of, a category A offence or a category B offence.".
26Section 2.6.32 substituted
For section 2.6 32 of the Principal Act substitute—
"2.6.32 Inquiry must be conducted into criminal conduct of registered teacher
The Institute must conduct an inquiry under this Part into a registered teacher's fitness to teach if the Institute is informed that a registered teacher has been—
(a)convicted or found guilty of a category B offence or an offence specified in paragraph (a) or (c) of the definition of category C conduct; or
(b)the subject of a non-conviction charge.".
27When matters are to be investigated
For section 2.6.33(1)(c) and (d) of the Principal Act substitute—
"(c)if the Institute is informed that a registered teacher has been—
(i)convicted or found guilty of a category B offence or an offence specified in paragraph (a) or (c) of the definition of category C conduct; or
(ii)the subject of a non-conviction charge;
(d)if the Institute is informed by a person or organisation, for which a registered teacher undertakes work (including as a volunteer), that the person or organisation has taken disciplinary action against the registered teacher.".
28Findings and determinations of a formal hearing
(1)For section 2.6.46(2)(f) of the Principal Act substitute—
"(f)the teacher—
(i)has been convicted or found guilty of a category B offence in Victoria or an equivalent offence in another jurisdiction; and
(ii)is not fit to teach; or".
(2)After section 2.6.46(2) of the Principal Act insert—
"(2AA)If the panel makes a finding under subsection (2)(f), the panel must make a determination under subsection (2)(j) to cancel the registration of the teacher.
(2AB)For the purposes of subsection (2)(f)(ii), the panel may decide that a teacher is fit to teach despite being convicted or found guilty of a category B offence in Victoria or an equivalent offence in another jurisdiction, if the panel is satisfied that a reasonable person would allow their child to have direct contact with the teacher.".
29Notifications
In section 2.6.51(1)(g) of the Principal Act, for "of the Department of Justice" substitute "within the meaning of the Working with Children Act 2005".
30What the register must contain
In section 2.6.54C(2)(g), (h) and (i) of the Principal Act, for "sexual offence" substitute "category A offence or has been given a negative notice".
31Review by VCAT
In section 2.6.55(3) of the Principal Act, for "sexual offence" substitute "category A offence or has been given a negative notice".
32Provision of information by teachers
In section 2.6.57(1) of the Principal Act, for "sexual offence or other indictable offence" substitute "category A offence, a category B offence or an offence specified in paragraph (a) or (c) of the definition of category C conduct".
33Amendments to replace references to sexual offence
(1)For section 2.3.9(1) of the Principal Act substitute—
"(1)A person who has, at any time, been convicted or found guilty of a category A offence in Victoria or an equivalent offence in another jurisdiction or been given a negative notice, is not eligible to be employed by a school council as a teacher or an early childhood teacher.".
(2)For section 2.3.10(1) of the Principal Act substitute—
"(1)A school council must dismiss or remove a person who is employed or engaged by the council as a teacher or an early childhood teacher and who has, at any time, been convicted or found guilty of a category A offence in Victoria or an equivalent offence in another jurisdiction or been given a negative notice.".
(3)For section 2.3.10A(1) of the Principal Act substitute—
"(1)A person who holds a temporary approval who has, at any time, been convicted or found guilty of a category A offence in Victoria or an equivalent offence in another jurisdiction or been given a negative notice, is not eligible to be employed by a school council under an exemption granted to an early childhood service.".
(4)For section 2.4.7(2) of the Principal Act substitute—
"(2)A person who has, at any time, been convicted or found guilty of a category A offence in Victoria or an equivalent offence in another jurisdiction or been given a negative notice, is not eligible for employment in any position in the teaching service.".
(5)For section 2.4.31(2A)(c) of the Principal Act substitute—
"(c)the person has not, at any time, been convicted or found guilty of a category A offence in Victoria or an equivalent offence in another jurisdiction or been given a negative notice;".
(6)In section 2.4.58 of the Principal Act, for "in Victoria or elsewhere, been convicted or found guilty of a sexual offence" substitute "been convicted or found guilty of a category A offence in Victoria or an equivalent offence in another jurisdiction or been given a negative notice,".
(7)For section 2.6.60C(3) of the Principal Act substitute—
"(3)The Secretary must not grant a temporary approval to a person who has, at any time, been convicted or found guilty of a category A offence in Victoria or an equivalent offence in another jurisdiction.".
(8)For section 2.6.60E(2) of the Principal Act substitute—
"(2)The Secretary must revoke a temporary approval if the holder has, at any time, been convicted or found guilty of a category A offence in Victoria or an equivalent offence in another jurisdiction or been given a negative notice.".
34Decision about registration
In section 4.3.16(2A)(b)(i) of the Principal Act, for "sexual offence" substitute "Category A offence".
35Amending, suspending or cancelling registration without application
In section 4.3.21(3)(e)(i) of the Principal Act, for "sexual offence" substitute "Category A offence".
36New section 6.1.43 inserted
After section 6.1.42 of the Principal Act insert—
"6.1.43 Transitional provisions—Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018
(1)Section 2.6.21A as amended by section 15 of the amending Act does not apply to any failure to notify the Institute of any change to the name or address of a registered teacher that occurred immediately before the commencement of section 15 of the amending Act.
(2)Section 2.6.26AB(1) as amended by section 16 of the amending Act does not apply to any failure to notify the Institute of any commencement of employment of a teacher at a school that occurred immediately before the commencement of section 16 of the amending Act.
(3)Section 2.6.26AB(2) as amended by section 16 of the amending Act does not apply to any failure to notify the Institute of any cessation of employment of a teacher at a school that occurred immediately before the commencement of section 16 of the amending Act.
(4)Section 2.6.26C(1) as amended by section 17 of the amending Act does not apply to any failure to notify the Institute of any commencement of employment of an early childhood teacher at an early childhood service that occurred immediately before the commencement of section 17 of the amending Act.
(5)Section 2.6.26C(2) as amended by section 17 of the amending Act does not apply to any failure to notify the Institute of any cessation of employment of an early childhood teacher at an early childhood service that occurred immediately before the commencement of section 17 of the amending Act.
(6)In this section—
amending Act means the Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018.".
Part 3—Amendment of Education and Training Reform Act 2006 relating to mergers of TAFE institutes and adult education institutions
37Definitions
In section 1.1.3 of the Principal Act—
(a)in the definition of adult education institution omit "or the Centre for Adult Education";
(b)the definition of Centre for Adult Education is repealed.
38TAFE institutes and boards
(1)After section 3.1.11(1)(d) of the Principal Act insert—
"(da)merge a TAFE institute with an adult education institution (other than AMES); or
Note
See section 3.1.26AB for further provisions relating to the merger of a TAFE institute with an adult education institution.".
(2)In section 3.1.11(4)(c) of the Principal Act, for "subsection (2)(c)" substitute "subsection (1)(da) or (2)(c)".
(3)After section 3.1.11(8) of the Principal Act insert—
"(9)A copy of an Order in Council made under section 3.1.11(1)(da) must be published in the Government Gazette.".
39Accountability of TAFE institute boards
After section 3.1.15(1)(a) of the Principal Act insert—
"(ab)a performance agreement referred to in section 3.3.7(2) to which the board has been substituted as a party under section 3.1.26AB(1)(g); and".
40New section 3.1.26AB inserted
After section 3.1.26AA of the Principal Act insert—
"3.1.26AB Merger of a TAFE institute with an adult education institution
"(1)On and from the day specified in an Order in Council made under section 3.1.11(1)(da) as the day on which a TAFE institute merges with an adult education institution (the commencement day)—
(a)the adult education institution and the governing board of the adult education institution are abolished; and
(b)any member of the governing board of the adult education institution who held office immediately before the commencement day—
(i)who is specified in the Order in Council is taken to be appointed as a member of the board of the TAFE institute and may continue in that office for the remaining period, and on the same terms and conditions, of that member's term of appointment to the governing board of the adult education institution; and
(ii)who is not specified in the Order in Council goes out of office; and
(c)the person appointed as chief executive officer of the adult education institution immediately before the commencement day ceases to hold that appointment; and
(d)any rights, property and assets vested in the adult education institution immediately before the commencement day are taken to be vested in the TAFE institute; and
(e)any fund referred to in clause 13A of Schedule 2, which is in the name of the adult education institution immediately before the commencement day, is taken to be any fund referred to in that clause that is in the name of the TAFE institute; and
(f)any debts, liabilities and obligations of the adult education institution that were existing immediately before the commencement day are taken to be the debts, liabilities and obligations of the TAFE institute; and
(g)the TAFE institute is substituted as a party to any arrangement, agreement or contract entered into by or on behalf of the adult education institution that was in force immediately before the commencement day; and
(h)the TAFE institute is substituted as a party to any proceedings pending in any court or tribunal to which the adult education institution was a party immediately before the commencement day; and
(i)in any Act, subordinate instrument or any other document of any kind, a reference to the adult education institution is taken to be a reference to the TAFE institute in relation to any period on or after the commencement day unless a contrary intention appears.
(2)If an Order in Council is made under section 3.1.11(1)(da) merging a TAFE institute with an adult education institution, any Order in Council made under section 3.1.11(2)(c) relating to the same TAFE institute and adult education institution is taken to be revoked on and from the commencement day.".
41Definitions in Part 3.3
In section 3.3.1 of the Principal Act, the definition of Board of the Centre for Adult Education is repealed.
42Financial powers of the Adult, Community and Further Education Board
In section 3.3.6 of the Principal Act—
(a)in paragraph (c) omit "a board of";
(b)in paragraph (d) omit "the governing board of".
43Performance agreements
In section 3.3.7(2) of the Principal Act—
(a)omit "the governing board of";
(b)for "governing board" (where secondly occurring) substitute "adult education institution".
44Section 3.3.27 repealed—Centre for Adult Education
Section 3.3.27 of the Principal Act is repealed.
45Schedule 3—Employment of staff
(1)In clause 1(1) of Schedule 3 to the Principal Act omit "the TAFE institute board,".
(2)In clause 1(2) of Schedule 3 to the Principal Act, for "he or she is employed by a TAFE institute board or" substitute "the person is employed by".
Part 4—Other amendments of Education and Training Reform Act 2006
46Definitions
In section 1.1.3(1) of the Principal Act insert the following definition—
"Ministerial Council means—
(a)in respect of the period before 24 August 2005, the council consisting of the Ministers from each State and the Commonwealth responsible for vocational education and training operating in accordance with the ANTA agreement;
(b)in respect of the period beginning on or after 24 August 2005 and ending on 30 June 2009, the Ministerial Council within the meaning of the Skilling Australia's Workforce Act 2005 of the Commonwealth as in force during that period;
(c)in respect of the period on or after 1 July 2009, any successor Ministerial Council established under the Council of Australian Governments from time to time;".
47Functions of Institute
After section 2.6.3(1) of the Principal Act insert—
"(1A)When performing any regulatory function under subsection (1), the Institute must consider the wellbeing and safety of children, including by taking into account community expectations.".
48Resignation and removal
Section 2.6.62(3) of the Principal Act is repealed.
49Acting members
After section 2.6.64(3) of the Principal Act insert—
"(4)The Minister may remove or suspend an acting member from office.".
50Repeal of section 3.1.18D—Annual meetings
Section 3.1.18D of the Principal Act is repealed.
51Establishment of a board of a TAFE institute to govern both the institute and an adult education institution
In section 3.1.26AA(1)(f) of the Principal Act omit "3.3.34D,".
52Adult Multicultural Education Services
In section 3.3.26(2) of the Principal Act omit "as a body corporate".
53Repeal of section 3.3.34D—Annual meetings
Section 3.3.34D of the Principal Act is repealed.
54Chapter 4—Interpretation—Repeal of definition of Ministerial Council
In section 4.1.1(1) of the Principal Act, the definition of Ministerial Council is repealed.
55Functions of Authority
After section 4.2.2(1)(nc) of the Principal Act insert—
"(nd)investigate complaints made against any of the following persons, bodies, schools or institutions in relation to a failure to comply with this Act, the regulations, a Ministerial Order or a condition of registration or approval—
(i)a person, body, school or institution registered or approved under Part 4.3 or 4.5A;
(ii)the parent responsible for the home schooling of a student registered under section 4.3.9;".
56New Division heading
Before section 4.6A.1 in Part 4.6A of the Principal Act insert the following heading—
"Division 1—Handling of complaints by RTOs".
57Amendments consequential to insertion of Divisions in Part 4.6A
(1)In section 4.6A.1 of the Principal Act, for "Part" substitute "Division".
(2)In section 4.6A.3(2) of the Principal Act, for "Part" (where twice occurring) substitute "Division".
(3)In section 4.6A.5B(1) of the Principal Act, for "Part" substitute "Division".
(4)In section 4.6A.5C of the Principal Act, for "Part" substitute "Division".
58New Division 2 inserted in Part 4.6A
After section 4.6A.6 of the Principal Act insert—
"Division 2—Investigation of complaints by Authority
4.6A.7Person may make a complaint to Authority
(1)A person (the complainant) may make a complaint to the Authority alleging that a person, body, school or institution registered or approved under Part 4.3 or 4.5A (the provider) or a parent responsible for the home schooling of a student registered under section 4.3.9, has failed to comply with this Act, the regulations, a Ministerial Order or a condition of the registration or approval.
(2)A complaint under subsection (1) must—
(a)be in writing; and
(b)be made no more than 12 months after the complainant first became aware of the alleged non-compliance.
4.6A.8Authority must investigate a complaint
The Authority must investigate a complaint made in accordance with section 4.6A.7 unless—
(a)the Authority is of the opinion that the complaint is trivial, vexatious or without substance; or
(b)the Authority is of the opinion that before making the complaint, the complainant had not attempted to raise the complaint with the provider or parent; or
(c)the complainant had raised the complaint with the provider or parent but the Authority is of the opinion that—
(i)the provider or parent has not been given a reasonable time within which to respond to the complaint; or
(ii)the provider or parent has responded satisfactorily to the complaint; or
(d)the Authority is of the opinion that the complaint can be dealt with, and it is more appropriate that the complaint be dealt with, by another person, body, court or tribunal.".
59New section 5.8.2AB inserted
After section 5.8.2A, in Division 1 of Part 5.8 of the Principal Act insert—
"5.8.2AB Complaints against authorised officers
(1)Any person may complain to the Authority about the exercise of a power under this Act by an authorised officer appointed by the Authority.
(2)The Authority must—
(a)investigate any complaint made to the Authority; and
(b)provide a written report to the complainant on the results of the investigation.".
60Repeal of section 5.8.3U—Complaints against authorised officers
Section 5.8.3U of the Principal Act is repealed.
61Injunctions to restrain conduct
For section 5.8.3YA(1)(c) of the Principal Act substitute—
"(c)intentionally assisting, encouraging or directing the contravention of a relevant law; or".
62Injunctions to do an act or thing
For section 5.8.3YB(1)(c) of the Principal Act substitute—
"(c)intentionally assisting, encouraging or directing the contravention of a relevant law; or".
63Amendment of heading to Part 5.10
In the heading to Part 5.10 of the Principal Act, after "legislation" insert "and other subordinate instruments".
64Ministerial orders—general provisions
(1)At the foot of section 5.10.4(4) of the Principal Act insert—
"Note
Orders made under this section are published on the Department's website.".
(2)After section 5.10.4(4) of the Principal Act insert—
"(4A)Subsection (4) does not apply to an Order that identifies, or that would enable the identification of, a child who is the subject of the Order.".
65Statute law revision amendments
(1)In section 1.1.3 of the Principal Act—
(a)in subsection (1), in the definition of Department, for "Early Childhood Development" substitute "Training";
(b)in subsection (2), for "Education" substitute "Education and Training".
(2)In section 2.1.21(5) of the Principal Act, for "Human Services" (where twice occurring) substitute "Health and Human Services".
(3)In section 2.8.2(2) of the Principal Act—
(a)after "subsection (1) that" insert "if";
(b)in paragraph (a) omit "if".
(4)In section 3.3.32(1)(c) of the Principal Act, for "section 3.3.29" substitute "section 3.3.28".
(5)In section 4.3.1(1) of the Principal Act, for "Part" substitute "Division".
(6)In section 6.1.42 of the Principal Act, for "Bill" substitute "Act".
(7)Clause 5(6) of Schedule 2 to the Principal Act is repealed.
Part 5—Amendments to other Acts
Division 1—Amendment of Working with Children Act 2005
66Teachers
(1)In section 30(1) of the Working with Children Act 2005 omit "or registered early childhood teacher under the Education and Training Reform Act 2006".
(2)After section 30(1) of the Working with Children Act 2005 insert—
"(1A)A registered teacher who engages in child‑related work (other than teaching in a school or an early childhood service) must notify the Secretary in writing of the following details within 21 days after the engagement—
(a)the person by whom the registered teacher is engaged in that child-related work;
(b)any agency with which the registered teacher is listed for child-related work (other than teaching in a school or an early childhood service).".
(3)After section 30(2) of the Working with Children Act 2005 insert—
"(2A)The Secretary may notify any person or agency referred to in a notification under subsection (1A) that the person who notified the Secretary is no longer exempt from a working with children check because of the suspension or cancellation of the person's registration as a teacher.".
(4)For section 30(3) of the Working with Children Act 2005 substitute—
"(3)In this section—
early childhood service has the same meaning as in section 1.1.3(1) of the Education and Training Reform Act 2006;
registered teacher has the same meaning as in section 1.1.3(1) of the Education and Training Reform Act 2006.".
67Teachers
At the foot of section 30(1A) of the Working with Children Act 2005 insert—
"Penalty:10 penalty units.".
68Confidentiality of information
After section 40(2)(a)(iv) of the Working with Children Act 2005 insert—
"(v)to the Victorian Institute of Teaching established under Part 2.6 of the Education and Training Reform Act 2006 for the purposes of any of that Institute's functions under Part 2.6 of that Act; or".
69New section 55 inserted
After section 54 of the Working with Children Act 2005 insert—
"55 Transitional provisions—Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018
(1)Section 30(1A) as inserted by section 66(2) of the amending Act does not apply in respect of any engagement of a registered teacher in child-related work that occurred immediately before the commencement of section 66(2) of the amending Act.
(2)Section 30(1A) as amended by section 67 of the amending Act does not apply in respect of any engagement of a registered teacher in child-related work that occurred immediately before the commencement of section 67 of the amending Act.
(3)In this section—
amending Act means the Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018.".
Division 2—Amendment of Children, Youth and Families Act 2005
70Notice of Panel's findings and determinations
For section 107(2) of the Children, Youth and Families Act 2005 substitute—
"(2)The Suitability Panel must notify the following persons without delay if it finds under section 106 that a person should be disqualified and may provide reasons for the finding—
(a)the Secretary within the meaning of the Working with Children Act 2005;
(b)the Chairperson of the Victorian Institute of Teaching established under Part 2.6 of the Education andTraining Reform Act 2006.".
71Notice of Panel's determination on application
For section 113(2) of the Children, Youth and Families Act 2005 substitute—
"(2)The Suitability Panel must notify the following persons without delay if it finds, under section 112, that a person's disqualification should be removed and may provide reasons for the finding—
(a)the Secretary within the meaning of the Working with Children Act 2005;
(b)the Chairperson of the Victorian Institute of Teaching established under Part 2.6 of the Education andTraining Reform Act 2006.".
Division 3—Amendment of the Public Administration Act 2004
72What are public entities?
(1)In section 5(1A) of the Public Administration Act 2004—
(a)in paragraph (a) omit "the board of";
(b)in paragraph (b) omit "the Board of" (where twice occurring).
(2)In section 5(1A)(b) of the Public Administration Act 2004 omit "and the Centre for Adult Education,".
Part 6—Amendment of university Acts
Division 1—Deakin University Act 2009
73New Division 5 of Part 8 inserted
After Division 4 of Part 8 of the Deakin University Act 2009 insert—
"Division 5—Further transitional provisions
80Transitional provision—Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018
(1)Clause 1(1)(a) and (b) of Schedule 1 as substituted by Part 6 of the amending Act apply only to a government appointed member or Council appointed member appointed on or after the commencement day.
(2)In this section—
amending Act means the Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018;
commencement day means the day on which Part 6 of the amending Act comes into operation.".
74Terms and conditions of office of Council members
(1)For clause 1(1)(a) of Schedule 1 to the Deakin University Act 2009 substitute—
"(a)a government appointed member holds office for the term, not exceeding 3 years, specified in the member's instrument of appointment;".
(2)For clause 1(1)(b) of Schedule 1 to the Deakin University Act 2009 substitute—
"(b)a Council appointed member holds office for the term, not exceeding 3 years, specified in the member's instrument of appointment;".
(3)Clause 1(2) and (3) of Schedule 1 to the Deakin University Act 2009 are repealed.
75Filling of casual vacancies generally
(1)In clause 8(2) of Schedule 1 to the Deakin University Act 2009 omit "or appointed".
(2)In clause 8(4) of Schedule 1 to the Deakin University Act 2009 omit "or appointed".
(3)After clause 8(4) of Schedule 1 to the Deakin University Act 2009 insert—
"(4A)Subject to this Act, a government appointed member or a Council appointed member who has been appointed to fill a casual vacancy is entitled to hold office for the term, not exceeding 3 years, specified in the member's instrument of appointment.".
(4)In clause 8(5) of Schedule 1 to the Deakin University Act 2009, for "subclause (4)" substitute "subclauses (4) and (4A)".
Division 2—Federation University Australia Act 2010
76New Division 6 of Part 8 inserted
After Division 5 of Part 8 of the Federation University Australia Act 2010 insert—
"Division 6—Further transitional provisions
86Transitional provisions—Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018
(1)Clause 1(1)(a) and (b) of Schedule 1 as substituted by Part 6 of the amending Act apply only to a government appointed member or Council appointed member appointed on or after the commencement day.
(2)In this section—
amending Act means the Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018;
commencement day means the day on which Part 6 of the amending Act comes into operation.".
77Terms and conditions of office of Council members
(1)For clause 1(1)(a) of Schedule 1 to the Federation University Australia Act 2010 substitute—
"(a)a government appointed member holds office for the term, not exceeding 3 years, specified in the member's instrument of appointment;".
(2)For clause 1(1)(b) of Schedule 1 to the Federation University Australia Act 2010 substitute—
"(b)a Council appointed member holds office for the term, not exceeding 3 years, specified in the member's instrument of appointment;".
(3)Clause 1(2) and (3) of Schedule 1 to the Federation University Australia Act 2010 are repealed.
78Filling of casual vacancies generally
(1)In clause 8(2) of Schedule 1 to the Federation University Australia Act 2010 omit "or appointed".
(2)In clause 8(4) of Schedule 1 to the Federation University Australia Act 2010 omit "or appointed".
(3)After clause 8(4) of Schedule 1 to the Federation University Australia Act 2010 insert—
"(4A)Subject to this Act, a government appointed member or a Council appointed member who has been appointed to fill a casual vacancy is entitled to hold office for the term, not exceeding 3 years, specified in the member's instrument of appointment.".
(4)In clause 8(5) of Schedule 1 to the Federation University Australia Act 2010, for "subclause (4)" substitute "subclauses (4) and (4A)".
Division 3—La Trobe University Act 2009
79New Division 5 of Part 8 inserted
After Division 4 of Part 8 of the La TrobeUniversity Act 2009 insert—
"Division 5—Further transitional provisions
80Transitional provision—Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018
(1)Clause 1(1)(a) and (b) of Schedule 1 as substituted by Part 6 of the amending Act apply only to a government appointed member or Council appointed member appointed on or after the commencement day.
(2)In this section—
amending Act means the Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018;
commencement day means the day on which Part 6 of the amending Act comes into operation.".
80Terms and conditions of office of Council members
(1)For clause 1(1)(a) of Schedule 1 to the La TrobeUniversity Act 2009 substitute—
"(a)a government appointed member holds office for the term, not exceeding 3 years, specified in the member's instrument of appointment;".
(2)For clause 1(1)(b) of Schedule 1 to the La TrobeUniversity Act 2009 substitute—
"(b)a Council appointed member holds office for the term, not exceeding 3 years, specified in the member's instrument of appointment;".
(3)Clause 1(2) and (3) of Schedule 1 to the La TrobeUniversity Act 2009 are repealed.
81Filling of casual vacancies generally
(1)In clause 8(2) of Schedule 1 to the La TrobeUniversity Act 2009 omit "or appointed".
(2)In clause 8(4) of Schedule 1 to the La TrobeUniversity Act 2009 omit "or appointed".
(3)After clause 8(4) of Schedule 1 to the La TrobeUniversity Act 2009 insert—
"(4A)Subject to this Act, a government appointed member or a Council appointed member who has been appointed to fill a casual vacancy is entitled to hold office for the term, not exceeding 3 years, specified in the member's instrument of appointment.".
(4)In clause 8(5) of Schedule 1 to the La TrobeUniversity Act 2009, for "subclause (4)" substitute "subclauses (4) and (4A)".
Division 4—Monash University Act 2009
82New Division 5 of Part 8 inserted
After Division 4 of Part 8 of the MonashUniversity Act 2009 insert—
"Division 5—Further transitional provisions
81Transitional provision—Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018
(1)Clause 1(1)(a) and (b) of Schedule 1 as substituted by Part 6 of the amending Act apply only to a government appointed member or Council appointed member appointed on or after the commencement day.
(2)In this section—
amending Act means the Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018;
commencement day means the day on which Part 6 of the amending Act comes into operation.".
83Terms and conditions of office of Council members
(1)For clause 1(1)(a) of Schedule 1 to the MonashUniversity Act 2009 substitute—
"(a)a government appointed member holds office for the term, not exceeding 3 years, specified in the member's instrument of appointment;".
(2)For clause 1(1)(b) of Schedule 1 to the MonashUniversity Act 2009 substitute—
"(b)a Council appointed member holds office for the term, not exceeding 3 years, specified in the member's instrument of appointment;".
(3)Clause 1(2) and (3) of Schedule 1 to the MonashUniversity Act 2009 are repealed.
84Filling of casual vacancies generally
(1)In clause 8(2) of Schedule 1 to the MonashUniversity Act 2009 omit "or appointed".
(2)In clause 8(4) of Schedule 1 to the MonashUniversity Act 2009 omit "or appointed".
(3)After clause 8(4) of Schedule 1 to the MonashUniversity Act 2009 insert—
"(4A)Subject to this Act, a government appointed member or a Council appointed member who has been appointed to fill a casual vacancy is entitled to hold office for the term, not exceeding 3 years, specified in the member's instrument of appointment.".
(4)In clause 8(5) of Schedule 1 to the MonashUniversity Act 2009, for "subclause (4)" substitute "subclauses (4) and (4A)".
85Statute law revision amendment
In section 29(1) of the Monash University Act 2009, for "(p)" (where secondly occurring) substitute "(pa)".
Division 5—Royal Melbourne Institute of Technology Act 2010
86New Division 5 of Part 8 inserted
After Division 4 of Part 8 of the Royal Melbourne Institute of Technology Act 2010 insert—
"Division 5—Further transitional provisions
80Transitional provision—Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018
(1)Clause 1(1)(a) and (b) of Schedule 1 as substituted by Part 6 of the amending Act apply only to a government appointed member or Council appointed member appointed on or after the commencement day.
(2)In this section—
amending Act means the Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018;
commencement day means the day on which Part 6 of the amending Act comes into operation.".
87Terms and conditions of office of Council members
(1)For clause 1(1)(a) of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010 substitute—
"(a)a government appointed member holds office for the term, not exceeding 3 years, specified in the member's instrument of appointment;".
(2)For clause 1(1)(b) of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010 substitute—
"(b)a Council appointed member holds office for the term, not exceeding 3 years, specified in the member's instrument of appointment;".
(3)Clause 1(2) and (3) of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010 are repealed.
88Filling of casual vacancies generally
(1)In clause 8(2) of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010 omit "or appointed".
(2)In clause 8(4) of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010 omit "or appointed".
(3)After clause 8(4) of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010 insert—
"(4A)Subject to this Act, a government appointed member or a Council appointed member who has been appointed to fill a casual vacancy is entitled to hold office for the term, not exceeding 3 years, specified in the member's instrument of appointment.".
(4)In clause 8(5) of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010, for "subclause (4)" substitute "subclauses (4) and (4A)".
Division 6—Swinburne University of Technology Act 2010
89New Division 5 of Part 8 inserted
After Division 4 of Part 8 of the SwinburneUniversity of Technology Act 2010 insert—
"Division 5—Further transitional provisions
80Transitional provision—Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018
(1)Clause 1(1)(a) and (b) of Schedule 1 as substituted by Part 6 of the amending Act apply only to a government appointed member or Council appointed member appointed on or after the commencement day.
(2)In this section—
amending Act means the Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018;
commencement day means the day on which Part 6 of the amending Act comes into operation.".
90Terms and conditions of office of Council members
(1)For clause 1(1)(a) of Schedule 1 to the SwinburneUniversity of Technology Act 2010 substitute—
"(a)a government appointed member holds office for the term, not exceeding 3 years, specified in the member's instrument of appointment;".
(2)For clause 1(1)(b) of Schedule 1 to the SwinburneUniversity of Technology Act 2010 substitute—
"(b)a Council appointed member holds office for the term, not exceeding 3 years, specified in the member's instrument of appointment;".
(3)Clause 1(2) and (3) of Schedule 1 to the SwinburneUniversity of Technology Act 2010 are repealed.
91Filling of casual vacancies generally
(1)In clause 8(2) of Schedule 1 to the SwinburneUniversity of Technology Act 2010 omit "or appointed".
(2)In clause 8(4) of Schedule 1 to the SwinburneUniversity of Technology Act 2010 omit "or appointed".
(3)After clause 8(4) of Schedule 1 to the SwinburneUniversity of Technology Act 2010 insert—
"(4A)Subject to this Act, a government appointed member or a Council appointed member who has been appointed to fill a casual vacancy is entitled to hold office for the term, not exceeding 3 years, specified in the member's instrument of appointment.".
(4)In clause 8(5) of Schedule 1 to the SwinburneUniversity of Technology Act 2010, for "subclause (4)" substitute "subclauses (4) and (4A)".
Division 7—University of Melbourne Act 2009
92New Division 6 of Part 8 inserted
After Division 5 of Part 8 of the University of Melbourne Act 2009 insert—
"Division 6—Further transitional provisions
84Transitional provision—Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018
(1)Clause 1(1)(a) and (b) of Schedule 1 as substituted by Part 6 of the amending Act apply only to a government appointed member or Council appointed member appointed on or after the commencement day.
(2)In this section—
amending Act means the Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018;
commencement day means the day on which Part 6 of the amending Act comes into operation.".
93Terms and conditions of office of Council members
(1)For clause 1(1)(a) of Schedule 1 to the University of Melbourne Act 2009 substitute—
"(a)a government appointed member holds office for the term, not exceeding 3 years, specified in the member's instrument of appointment;".
(2)For clause 1(1)(b) of Schedule 1 to the University of Melbourne Act 2009 substitute—
"(b)a Council appointed member holds office for the term, not exceeding 3 years, specified in the member's instrument of appointment;".
(3)Clause 1(2) and (3) of Schedule 1 to the University of Melbourne Act 2009 are repealed.
94Filling of casual vacancies generally
(1)In clause 8(2) of Schedule 1 to the University of Melbourne Act 2009 omit "or appointed".
(2)In clause 8(4) of Schedule 1 to the University of Melbourne Act 2009 omit "or appointed".
(3)After clause 8(4) of Schedule 1 to the University of Melbourne Act 2009 insert—
"(4A)Subject to this Act, a government appointed member or a Council appointed member who has been appointed to fill a casual vacancy is entitled to hold office for the term, not exceeding 3 years, specified in the member's instrument of appointment.".
(4)In clause 8(5) of Schedule 1 to the University of Melbourne Act 2009, for "subclause (4)" substitute "subclauses (4) and (4A)".
Division 8—Victoria University Act 2010
95New Division 5 of Part 8 inserted
After Division 4 of Part 8 of the VictoriaUniversity Act 2010 insert—
"Division 5—Further transitional provisions
80Transitional provision—Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018
(1)Clause 1(1)(a) and (b) of Schedule 1 as substituted by Part 6 of the amending Act apply only to a government appointed member or Council appointed member appointed on or after the commencement day.
(2)In this section—
amending Act means the Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018;
commencement day means the day on which Part 6 of the amending Act comes into operation.".
96Terms and conditions of office of Council members
(1)For clause 1(1)(a) of Schedule 1 to the VictoriaUniversity Act 2010 substitute—
"(a)a government appointed member holds office for the term, not exceeding 3 years, specified in the member's instrument of appointment;".
(2)For clause 1(1)(b) of Schedule 1 to the VictoriaUniversity Act 2010 substitute—
"(b)a Council appointed member holds office for the term, not exceeding 3 years, specified in the member's instrument of appointment;".
(3)Clause 1(2) and (3) of Schedule 1 to the VictoriaUniversity Act 2010 are repealed.
97Filling of casual vacancies generally
(1)In clause 8(2) of Schedule 1 to the VictoriaUniversity Act 2010 omit "or appointed".
(2)In clause 8(4) of Schedule 1 to the VictoriaUniversity Act 2010 omit "or appointed".
(3)After clause 8(4) of Schedule 1 to the VictoriaUniversity Act 2010 insert—
"(4A)Subject to this Act, a government appointed member or a Council appointed member who has been appointed to fill a casual vacancy is entitled to hold office for the term, not exceeding 3 years, specified in the member's instrument of appointment.".
(4)In clause 8(5) of Schedule 1 to the VictoriaUniversity Act 2010, for "subclause (4)" substitute "subclauses (4) and (4A)".
Part 7—Repeal of amending Act
98Repeal of amending Act
This Act is repealed on 1 September 2020.
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: 28 March 2018
Legislative Council: 8 June 2018
The long title for the Bill for this Act was "A Bill for an Act to amend the Education and Training Reform Act 2006 in relation to the registration of teachers and early childhood teachers, the sharing of information between the Victorian Institute of Teaching and other bodies relating to registered teachers or applicants for registration, the handling of complaints by the Victorian Registration and Qualifications Authority and to provide for a TAFE institute to merge with an adult education institution and to make other miscellaneous amendments to that Act and to make related amendments to the Working with Children Act 2005 and to the Children, Youth and Families Act 2005 and to make minor amendments to the Public Administration Act 2004 and to amend various university Acts in relation to members of university Councils and for other purposes."
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