Education Legislation (Miscellaneous Amendments) Act 2003 (Vic)

Education Legislation (Miscellaneous Amendments)

Act 2003

ts	Act No. 83/2003
n
e
m
u	TABLE OF PROVISIONS
c

o Section Page

1. Purpose 1

D	2.	Commencement	1
ry	3.	Children and Young Persons Act 1989—teachers	2
4.	Delegations	2
ta	5.	Teachers in schools	3
n	Employment or engagement of teachers in schools".	3
e	6.	Courses of study	5
7.	Notices	5
m	8.	Definition	5
ia	9.	Appointments to the teaching service	6
rl	10.	New Part IVA inserted	8
a	PART IVA—DISMISSAL AND SUSPENSION	8
P	65A.	Dismissal of disqualified and unregistered teachers	8
d	65B.	Suspension and dismissal of unregistered teachers	8
n	11.	New sections 76 and 77 substituted	9
a	76.	Minister may delegate powers	9
77.	Secretary may delegate powers	9
n	12.	Disqualified teachers	10
o
ti	13.	Notification	10
14.	Statute law revision	10

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is	ENDNOTES	12
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o	Victoria
D
ry
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n	No. 83 of 2003
e
m
ia
rl	Education Legislation (Miscellaneous
a	Amendments) Act 2003†
P
d	[Assented to 11 November 2003]
n
a
n
o
ti	The Parliament of Victoria enacts as follows:
la
is
g	1. Purpose
e	The main purpose of this Act is to amend the
L	Children and Young Persons Act 1989, the
n	Education Act 1958, the Teaching Service Act
a
ri	1981 and the Victorian Institute of Teaching Act 2001.
to	2. Commencement
ic
V	This Act comes into operation on the day after the day on which it receives the Royal Assent.

Education Legislation (Miscellaneous Amendments) Act 2003

s. 3

Act No. 83/2003

3. Children and Young Persons Act 1989—teachers

See:	For section 64(1C)(d), (da) and (db) of the
Act No.
ts	56/1989.	Children and Young Persons Act 1989
Reprint No. 7
n	as at
substitute—
e	1 March 2002
"(d) a person who is registered as a teacher under
and

m	amending	the Victorian Institute of Teaching Act
u	Act Nos
2001 or has been granted permission to teach
c	11/2002 and
35/2002.	under that Act;".
o	LawToday:
D
dpc.vic.
ry	gov.au

ta 4. Delegations

n	See:	(1) For section 4(12) of the Education Act 1958
e	Act No.

6240.	substitute—
m	Reprint No. 8
ia	as at
24 February
"(12) The Secretary by instrument may delegate to

rl	2000	any person any power or function of the
and	Secretary under this Act, other than this
a	amending
power of delegation and the Secretary's
P	Act Nos
8/2000,	powers under section 5A.".
d	67/2000,
n	97/2000,
27/2001,

(2) In section 5A(4) of the Education Act 1958, for

a	44/2001 and	"delegate to a sub-committee" substitute
n
96/2001.
LawToday:
"delegate to a member or the members of a sub-
o		committee".
ti	dpc.vic.
la	gov.au	(3) For section 8(1) of the Education Act 1958

substitute—

is	"(1) The Minister by instrument may delegate to
g
e	any person any power or function of the
L	Minister under this Act other than—
n	(a) this power of delegation;
a
ri	(b) a power to give directions or issue
to	guidelines under this Act;
ic	(c) the Minister's powers under sections
V	19A and 68.".

Education Legislation (Miscellaneous Amendments) Act 2003

s. 5

Act No. 83/2003

5. Teachers in schools

(1) Insert the following heading to section 15B of the

ts	Education Act 1958—
n	"Employment or engagement of teachers in
e	schools".
m	(2) After section 15B(3) of the Education Act 1958
u
c	insert—
o	"(4) A person who has, at any time, in Victoria or
D	elsewhere, been convicted or found guilty of
ry	a sexual offence within the meaning of the
ta	not eligible to be employed by a school
Victorian Institute of Teaching Act 2001 is
n	council as a teacher within the meaning of
e	that Act.
m
ia	(5) A person is not eligible to be employed by a
rl	school council as a teacher within the
a	meaning of the Victorian Institute of
P	Teaching Act 2001 unless the person is registered or permitted to teach under that
d
n	Act.
a	(6) A school council must dismiss or remove a
n	person who is employed or engaged by the
o	school council as a teacher within the
ti	meaning of the Victorian Institute of
la	Teaching Act 2001 and who has, at any
is	time, in Victoria or elsewhere, been
g	convicted or found guilty of a sexual offence
e	within the meaning of that Act.
L	(7) If a person who is employed or engaged by a
n	school council as a teacher within the
a
ri	meaning of the Victorian Institute of Teaching Act 2001 is refused registration or
to	permission to teach under that Act or has had
ic	his or her registration or permission to teach
V	cancelled or suspended under that Act, the school council may suspend the person

Education Legislation (Miscellaneous Amendments) Act 2003

s. 5

Act No. 83/2003

without pay from duty as a teacher for the
period that the person's registration or

permission to teach is refused, cancelled or

ts	suspended.
n
e	(8) Without limiting any of its other powers, a
m	school council may dismiss or remove a
u	person who is employed or engaged by the
c	school council as a teacher within the
o	meaning of the Victorian Institute of
D	Teaching Act 2001 if the person is refused
ry	registration or permission to teach under the
Victorian Institute of Teaching Act 2001
ta	or has his or her registration or permission to
n	teach cancelled or suspended under that Act.
e

(9) If a person employed or engaged by a school

m

ia	council as a teacher within the meaning of
rl	the Victorian Institute of Teaching Act
2001—
a
P	(a) is refused registration or permission to
d	teach under that Act or has his or her
n	registration or permission to teach
a	cancelled or suspended under that Act;
n	and
o
ti	(b) remains unregistered or without

permission to teach for a continuous

la	period of 12 months—
is	the employment or engagement of that
g
e	person ceases, by virtue of this sub-section,
L	at the end of that period of 12 months.
n	(10) For the purposes of sub-section (9)(b), any
a	period during which a person remains
ri	unregistered or without permission to teach
to	does not include any period during which the
ic	person is on leave approved by the school
council.
V

Education Legislation (Miscellaneous Amendments) Act 2003

s. 6

Act No. 83/2003

(11) The school council must notify in writing a

person whose employment or engagement

ts	has ceased under sub-section (9).".
n	6. Courses of study
e	Division 2 of Part II of the Education Act 1958 is
m	repealed.
u
c	7. Notices

o	In the Teaching Service Act 1981—	See:
D	Act No.
9714.

(a) in section 2(1), the definition of "public notice" is repealed;

ry	Reprint No. 5
as at
ta	24 May 2000

(b) for section 10(a) substitute— and

n	amending
Act No.
e	"(a) notice of the vacancy in the office or

96/2001.

proposed office has been published at LawToday:

m
ia	least once; and";

dpc.vic.

rl gov.au

(c) in section 62(5) and (6), for "in the

a	prescribed manner" substitute "at least
P	once";
d	(d) in section 77A, omit "in a publication
n	circulating".
a

8. Definition

n
o

ti	In section 2(1) of the Teaching Service Act 1981
insert the following definition—
la
is	' "registered", in relation to a person employed in

the teaching service, includes permitted to

g

e	teach under the Victorian Institute of
L	Teaching Act 2001;'.
n
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Education Legislation (Miscellaneous Amendments) Act 2003

s. 9

Act No. 83/2003

9. Appointments to the teaching service

(1) After section 5(2) of the Teaching Service Act

ts	1981 insert—
n	"(2A) A person who has, at any time, in Victoria or
e	elsewhere, been convicted or found guilty of
m	a sexual offence within the meaning of the
u	Victorian Institute of Teaching Act 2001 is
c	not eligible for appointment to an office in
o	the teaching service.
D

(2B) A person is not eligible for appointment to

ry	an office in the teaching service unless the
ta	person is registered under the Victorian
n	Institute of Teaching Act 2001.".
e	(2) After section 9(2) of the Teaching Service Act
m	1981 insert—
ia
rl	"(2A) A person who has, at any time, in Victoria or
a	elsewhere, been convicted or found guilty of
P	a sexual offence within the meaning of the Victorian Institute of Teaching Act 2001 is
d
n	not eligible to be selected for appointment to
a	the teaching service.
n	(2B) A person is not eligible to be selected for
o	appointment to the teaching service unless
ti	the person is registered under the Victorian
la	Institute of Teaching Act 2001.".
is	(3) After section 9(8) of the Teaching Service Act
g	1981 insert—
e
L	"(9) The Secretary must dismiss or remove a
n	person who is employed under this section if
a	the person has, at any time, in Victoria or
ri	elsewhere, been convicted or found guilty of
to	a sexual offence within the meaning of the
ic	Victorian Institute of Teaching Act 2001.
V

Education Legislation (Miscellaneous Amendments) Act 2003

s. 9
s. 9

Act No. 83/2003

(10) If a person who is employed under this section is refused registration under the Victorian Institute of Teaching Act 2001

ts	or has had his or her registration suspended
n	or cancelled under that Act, the Secretary
e	may suspend the person without pay for the
m	period that the person's registration is
u	refused, suspended or cancelled.
c
o	(11) Without limiting sub-section (8), the
D	Secretary may dismiss or remove a person
ry	employed under this section if the person has
been refused registration under the Victorian
ta	Institute of Teaching Act 2001 or has had
n	his or her registration suspended or cancelled
e	under that Act.
m	(12) If a person employed under this section—
ia

rl	(a)	has been refused registration under the
a	Victorian Institute of Teaching Act
P	2001 or has had his or her registration
d	suspended or cancelled under that Act;
n	and

a	(b) remains unregistered for a continuous
n	period of 12 months—
o
ti	the employment of that person ceases, by
la	virtue of this sub-section, at the end of that
is	period of 12 months.
g	(13) For the purposes of sub-section (12)(b), any
e	period during which a person remains
L	unregistered does not include any period
n	during which the person is on leave approved
a
ri	by the Secretary.

(14) The Secretary must notify in writing a person

to	whose employment has ceased under sub-
ic	section (12).".
V

Education Legislation (Miscellaneous Amendments) Act 2003

s. 10

Act No. 83/2003

10. New Part IVA inserted

After Part IV of the Teaching Service Act 1981

ts	insert—
n
e	"PART IVA—DISMISSAL AND SUSPENSION
m	65A. Dismissal of disqualified and unregistered
u
c	teachers
o	If an officer has, at any time, in Victoria or
D	elsewhere, been convicted or found guilty of
ry	a sexual offence within the meaning of the
Victorian Institute of Teaching Act 2001,
ta	the Secretary must dismiss the officer from
n	the teaching service.
e

65B. Suspension and dismissal of unregistered

m	teachers
ia
rl	(1) If an officer in the teaching service is refused
a	registration under the Victorian Institute of
P	Teaching Act 2001 or has had his or her
d	registration suspended or cancelled under
n	that Act, the Secretary may suspend the
a	officer without pay from duty in the teaching
n	service for the period that the officer's
o	registration is refused, suspended or
ti	cancelled.
la	(2) A suspension under sub-section (1) continues
is	at the Secretary's discretion until—
g	(a) the officer is registered under the
e
L	Victorian Institute of Teaching Act 2001; or
n
a	(b) the officer is dismissed or removed
ri	from the teaching service.
to
ic
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Education Legislation (Miscellaneous Amendments) Act 2003

s. 11

Act No. 83/2003

(3) If an officer in the teaching service—

(a) is refused registration under the

ts	Victorian Institute of Teaching Act
n	2001 or has had his or her registration
e	under that Act suspended or cancelled;
m	and
u	(b) remains unregistered for a continuous
c	period of 12 months—
o
D	the employment of that person ceases, by virtue of this sub-section, at the end of that
ry	period of 12 months.
ta	(4) For the purposes of sub-section (3)(b), any
n	period during which a person remains
e	unregistered does not include any period
m	during which the person is on leave approved
ia
rl	by the Secretary.
a	(5) The Secretary must notify in writing a person
P	whose employment has ceased under sub- section (3).".
d
n	11. New sections 76 and 77 substituted
a

For sections 76 and 77 of the Teaching Service

n	Act 1981 substitute—
o
ti	"76. Minister may delegate powers
la	The Minister by instrument may delegate
is	any of his or her powers or functions under
g	this Act to any person, except this power of
e	delegation and the power to make
L	regulations under section 78.
n
a	77. Secretary may delegate powers
ri	The Secretary by instrument may delegate
to	any of his or her powers or functions under
ic	this Act to any person, except this power of
V	delegation.".

Education Legislation (Miscellaneous Amendments) Act 2003

s. 12

Act No. 83/2003

12. Disqualified teachers

See:	For section 25(7) of the Victorian Institute of
Act No.
ts	96/2001	Teaching Act 2001 substitute—
and
n	amending	"(7) This section applies to any conviction or
e	Act No.
23/2002.	finding of guilt of a sexual offence whether
m	LawToday:	occurring before, on or after the
u
commencement of section 12 of the
c	dpc.vic.
gov.au	Education Legislation (Miscellaneous
o	Amendments) Act 2003.".
D

13. Notification

ry

ta	Teaching Act 2001 insert—
After section 27(2) of the Victorian Institute of
n
e	"(2A) The employer of a registered teacher must
m	immediately notify the Institute if the
ia	employer becomes aware that the teacher has
rl	been charged with or committed for trial for
a	a sexual offence or convicted or found guilty
P	of a sexual offence.
d	(2B) The Chief Commissioner of Police must
n	immediately notify the Institute if the Chief
a	Commissioner becomes aware that a
n	registered teacher has been charged with or
o	committed for trial for a sexual offence or
ti	convicted or found guilty of a sexual
la	offence.".
is	14. Statute law revision
g
e	(1) In section 3(1) of the Education Act 1958, in the
L	definition of "Secretary" after "Education" insert
n	"and Training".
a
ri	(2) In section 2(1) of the Teaching Service Act 1981,

in the definition of "Secretary" after "Education"

to	insert "and Training".
ic	(3) In section 6(3)(h) of the Tertiary Education Act
V	1993 for "students compliance" substitute "student's compliance".

Education Legislation (Miscellaneous Amendments) Act 2003

s. 14

Act No. 83/2003

(4) In section 3 of the Victorian Institute of

Teaching Act 2001, in the definition of

ts	"Secretary" omit ", Employment".
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Education Legislation (Miscellaneous Amendments) Act 2003

Endnotes

Act No. 83/2003

ENDNOTES

ts †

Minister's second reading speech—

n	Legislative Assembly: 17 September 2003
e
Legislative Council: 28 October 2003
m
u	The long title for the Bill for this Act was "to amend the Children and
c	Young Persons Act 1989, the Education Act 1958, the Teaching
o	Service Act 1981 and the Victorian Institute of Teaching Act 2001 and
D	for other purposes."
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