Education (Standards Council) Act 1997 (Vic)

Education (Standards Council) Act 1997

Act No. 3/1997

TABLE OF PROVISIONS

Section Page

1.	Purposes	1
2.	Commencement	2
3.	New Part IIIA inserted in Education Act 1958	2
PART IIIA—STANDARDS COUNCIL OF THE
TEACHING PROFESSION	2

52A.	Establishment and functions of Council	2
52B.	Membership of Council	5
52C.	Terms and conditions of appointment	5
52D.	Meetings of the Council	6

4.	Consequential amendment	6
5.	Former Standards Council of the Teaching Profession	6

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NOTES 8

i

Victoria

No. 3 of 1997

Education (Standards Council) Act

1997†

[Assented to 22 April 1997]

The Parliament of Victoria enacts as follows:

1. Purposes

The main purposes of this Act are to amend the the Standards Council of the Teaching Profession and to make consequential amendments to the Teaching Service Act 1981.

Education (Standards Council) Act 1997

Act No. 3/1997 s. 2

2. Commencement

(1) Section 1 and this section come into operation on

the day on which this Act receives the Royal

Assent.

(2) Subject to sub-section (3), the remaining

provisions of this Act come into operation on a

day to be proclaimed.

(3) If a provision referred to in sub-section (2) has not

come into operation before 1 July 1997, it comes

into operation on that date.

3. New Part IIIA inserted in Education Act 1958

After Part III of the Education Act 1958 insert—

'PART IIIA—STANDARDS COUNCIL OF THE

TEACHING PROFESSION

52A. Establishment and functions of Council

(1) There is established a Standards Council of

the Teaching Profession.

(2) The functions of the Council are to—

(a) about all matters relating to
professional standards of persons

advise the Minister or the Director schools registered under Part III; and

(b) research, develop and promulgate
information about those matters.

(3) Without limiting sub-section (2), the

functions of the Council in relation to
teachers in State schools include providing
advice to the Minister or the Director
about—

Education (Standards Council) Act 1997

s. 3 Act No. 3/1997

(a)	minimum standards of academic qualifications and teacher training for entry into the teaching service;
(b)	qualifications for members of the teaching service;
(c)	criteria for the initial appointment and probation of members of the teaching service;
(d)	criteria for the promotion or advancement through a class or grade of office of members of the teaching service;
(e)	the professional development needs of members of the teaching service;
(f)

criteria for evaluating the ongoing the teaching service;

(g) courses for providing appropriate

the evaluation of teacher education the teaching service—

and researching, developing and
promulgating information about those
matters.

(4) Without limiting sub-section (2) or (3), the functions of the Council in relation to teachers in State Schools and schools registered under Part III include providing

advice to the Minister about—

(a)	attracting recruits to the teaching profession;
(b)	evaluating education courses and training for the teaching profession;

Education (Standards Council) Act 1997

Act No. 3/1997 s. 3

(c)

identifying criteria for the initial teaching profession;

(d)	promoting standards for the practice of the teaching profession;
(e)

promoting standards of ongoing profession;

(f)	recognising best practice in the teaching profession;
(g)	recognising best practice in education and training for the teaching profession;
(h)	enhancing the status of the teaching profession in the community;

(i)  identifying professional standards in the delivery of school programs from various educational sectors—

and researching, developing and
promulgating information about those

matters.

(5) The Standards Council of the Teaching

Profession may provide advice to the own motion.

Minister or the Director on the request of the

(6) In this section—

"members of the teaching profession" means persons employed to teach in State schools and schools registered under Part III;

Education (Standards Council) Act 1997

s. 3 Act No. 3/1997

"members of the teaching service" means

members of the teaching service schools.

established under the Teaching Service

52B. Membership of Council

(1) The Council shall consist of—

(a)	a Chairperson, who shall be a full-time member; and
(b)	at least 8 but not more than 16 other members, who shall be part-time members—

appointed by the Governor in Council on the
nomination of the Minister.

(2) In nominating members of the Council, the Minister must endeavour to ensure that the Council has a membership of persons who have a background or experience in

education or are able to contribute to the
development of professional teaching
practice in Victoria.

(3) An appointment of a member is for the term, not exceeding 3 years, that is specified in the instrument of appointment, but a member is

eligible for re-appointment.

(4) A member may resign from office by

sending to the Governor a signed letter of

resignation.

(5) The Governor in Council may at any time

remove a member from office.

52C. Terms and conditions of appointment

(1) A member is appointed subject to any terms

and conditions that are specified in the

Education (Standards Council) Act 1997

Act No. 3/1997 s. 4

instrument of appointment and that are not
inconsistent with this Act.

(2) A member is entitled to the remuneration and allowances (if any) fixed in respect of him or her from time to time by the Minister.

(3) The Public Sector Management Act 1992 (except Part 9 or in accordance with Part 8) does not apply to a member in respect of the office of member.

52D. Meetings of the Council

(1) Meetings of the Council shall be held at the times and places determined by the Council or directed by the Chairperson.

(2) The Chairperson must preside at any meeting
of the Council at which he or she is present. (3) If the Chairperson is absent, a member

elected by the members present must

preside.

(4) A majority of the members currently in

office constitutes a quorum for a meeting of

the Council.

(5) Subject to this Act, the Council may regulate

its own proceedings.'.

4. Consequential amendment

Division 5 of Part II of the Teaching Service Act	No. 9714.
1981 is repealed.

5.  Former Standards Council of the Teaching Profession

(1) The Standards Council of the Teaching Profession

established under section 10 of the Teaching out of office.

Education (Standards Council) Act 1997

s. 5 Act No. 3/1997

(2) The persons who, immediately before the

commencement of this section, were the
Chairperson and members of the Standards
Council of the Teaching Profession established
under section 10 of the Teaching Service Act
1981 are deemed to be appointed as the first
Chairperson and members respectively of the
Standards Council of the Teaching Profession
established under section 52A of the Education

Act 1958.

(3) A first appointment referred to in sub-section (2)

appointment under section 10A of the Teaching

continues for the remainder of the term of the and conditions of the person's appointment under that section.

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Education (Standards Council) Act 1997

Act No. 3/1997 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 5 December 1996

Legislative Council: 2 April 1997

The long title for the Bill for this Act was "to amend the Education Act
1958 to make further provision for the Standards Council of the Teaching
Profession, to make consequential amendments to the Teaching Service
Act 1981 and for other purposes."