Education (Teachers) Act 1998 (Vic)

Education (Teachers) Act 1998

Act No. 6/1998

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	Definition of sexual offence	2
4.	New section 38 substituted	2
38. Disqualified teachers etc. not to recover in court of law	2
5.	New section 41A inserted	3
41A. Automatic disqualification etc. from teaching	3
6.	Cancellation of registration of schools	4
7.	Offences	4
8.	Supreme Court—limitation of jurisdiction	5

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NOTES 6

i

Victoria

No. 6 of 1998

Education (Teachers) Act 1998†

[Assented to 21 April 1998]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purpose of this Act is to amend the Education Act 1958 to provide for the disqualification from teaching of teachers found guilty of sexual offences involving children.

2. Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

Education (Teachers) Act 1998

Act No. 6/1998 s. 3

3. Definition of sexual offence

At the end of section 35 of the Education Act	No. 6240. Reprinted to
1958 insert—	No. 82/1994 and further
'(2) In this Part, "sexual offence" means—	amended by Nos 31/1994,

(a) an offence against section 44(2), 45, 46, 104/1995, 44/1996,

47, 47A, 48, 49, 49A, 54, 56, 58, 60,	47/1996,
68, 69 or 70 of the Crimes Act 1958;	59/1996, 3/1997,
or	20/1997, 60/1997,

(b) an offence against section 38, 39, 40, 80/1997,

44(1), 53, 55, 57, or 59 of the Crimes	82/1997, 93/1997 and
Act 1958 involving a person under the	96/1997.
age of 18; or

(c)	an offence of attempting to commit any offence referred to in paragraph (a) or (b); or
(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 (a), (b) or (c).'.

4. New section 38 substituted

For section 38 of the Education Act 1958

substitute—

"38. Disqualified teachers etc. not to recover in

court of law

A person is not entitled to recover in a court of law any amount for services rendered as a teacher in a school in respect of any period

during which the person—

(a) was not a registered teacher; or

Education (Teachers) Act 1998

s. 5 Act No. 6/1998

(b)	had not obtained the express permission of the Board to teach in a school; or
(c)	was disqualified from teaching under section 41A(3).".

5. New section 41A inserted

After section 41 of the Education Act 1958 insert—

"41A. Automatic disqualification etc. from

teaching

(1) A person who is registered under this Part

ceases to be so registered if the person is, in guilty of a sexual offence.

(2) A person who has obtained the express

permission of the Board to teach in a school ceases to have that permission if the person is, in Victoria or elsewhere, convicted or

found guilty of a sexual offence.

(3) A person who is, in Victoria or elsewhere,

convicted or found guilty of a sexual offence
is disqualified from teaching in a school,
whether in the subjects prescribed for the
purposes of section 35 or otherwise.

(4) For the purposes of sub-sections (1), (2) and

(3), a conviction or finding of guilt takes
effect on the date of the conviction or finding
of guilt and the lodging of an appeal against
the conviction or finding does not affect the
operation of those sub-sections.

(5) If a finding or conviction in relation to a

person referred to in sub-section (1), (2) or
(3) is quashed on appeal the relevant sub-
section ceases, from the date the finding or
conviction was quashed, to apply to the

Education (Teachers) Act 1998

Act No. 6/1998 s. 6

person with respect to that particular finding

or conviction.

(6) Nothing in this section limits the powers of

the Board under section 41.

(7) This section applies only to a conviction or a

finding of guilt that occurs after the
commencement of the Education
(Teachers) Act 1998.".

6. Cancellation of registration of schools

In section 43(1) of the Education Act 1958—

(a) after paragraph (a) insert "or";

(b) after paragraph (b) insert— "; or

(ba) the proprietor or head teacher of the school

has employed as a teacher a person whom the proprietor or head teacher knew to be disqualified from teaching in a school under

section 41A(3); or".

7. Offences

(1) After section 44(2) of the Education Act 1958

insert—

"(2A) A person who is disqualified from teaching

under section 41A(3) must not teach in a
school, whether in the subjects prescribed for

the purposes of section 35 or otherwise.".

(2) After section 44(3) of the Education Act 1958

insert—

"(3A) A proprietor or head teacher of a school must

not employ as a teacher in the school,
whether in the subjects prescribed for the

Education (Teachers) Act 1998

s. 8 Act No. 6/1998

purposes of section 35 or otherwise, a person
whom the proprietor or head teacher knows
is disqualified from teaching under section

41A(3).".

8. Supreme Court—limitation of jurisdiction

After section 81A of the Education Act 1958
insert—

"(2) It is the intention of section 38 to alter or

vary section 85 of the Constitution Act

1975.".

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Education (Teachers) Act 1998

Act No. 6/1998 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 26 February 1998

Legislative Council: 24 March 1998

The long title for the Bill for this Act was "to amend the Education Act 1958 to provide for the disqualification from teaching of teachers found guilty of sexual offences involving children and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 26 February 1998

Legislative Council: 24 March 1998

Absolute majorities:

Legislative Assembly: 18 March 1998

Legislative Council: 7 April 1998