Education (Workplace Learning) Act 2003 (Vic)

Education (Workplace Learning) Act 2003

ts	Act No. 82/2003
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m	TABLE OF PROVISIONS

u Section Page

c	1.	Purpose	1
o	2.	Commencement	1
D	3.	New heading substituted	2
ry	4.	Definitions	2
5.	Arrangements for pupils over 21 years	3
ta	6.	Structured work place learning arrangements	3
7.	Orders about structured workplace learning	3
n	8.	Non-application of certain laws to employment for work
e	experience	4
m	9.	Arrangements for pupils from interstate	4
ia	10.	Conditions of employment	4
rl	11.	New section 64O substituted	5

64O. Duty of care 5

a	12.	Payment	6
P	13.	Ministerial Orders about work experience	6
14.	Supreme Court—limitation of jurisdiction	7

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a	ENDNOTES	8
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c
o	Victoria
D
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n	No. 82 of 2003
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rl	Education (Workplace Learning) Act
a	2003†
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[Assented to 11 November 2003]

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ti	The Parliament of Victoria enacts as follows:
la
is	1. Purpose
g
e	The main purpose of this Act is to amend the
L	Education Act 1958 to make further provision for
n	learning in the workplace.
a
ri	2. Commencement
to	This Act comes into operation on 1 January 2004.
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Education (Workplace Learning) Act 2003

s. 3

Act No. 82/2003

3. New heading substituted

See:	For the Heading to Part IVA of the Education
Act No.
ts	6240.	Act 1958 substitute—
Reprint No. 8
n	as at

e	24 February	"PART IVA—WORKPLACE LEARNING"
2000
m	and
u	amending
c	Act Nos 8/2000,
o	67/2000,
D	97/2000,
27/2001,
ry	44/2001 and
96/2001.
ta	LawToday:
n	dpc.vic.
gov.au
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ia	4. Definitions
rl	In section 64L of the Education Act 1958—
a	(a) for the definition of "arrangement"
P	substitute—
d
n	' "arrangement" means a work experience
a	arrangement or a structured workplace
n	learning arrangement;';
o
ti	(b) the definition of "work placement
la	arrangement" is repealed;
is	(c) insert the following definition—
g	' "structured workplace learning
e	arrangement" means an arrangement
L	for structured workplace learning made
n	under section 64LC;'.
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Education (Workplace Learning) Act 2003

s. 5

Act No. 82/2003

5. Arrangements for pupils over 21 years

For section 64LB(3) and (4) of the Education Act

ts	1958 substitute—
n	"(3) A work experience arrangement under sub-
e	section (1) may be made in respect of a pupil
m	of or over the age of 21 years in the
u	circumstances set out in a Ministerial Order
c	made under section 64S.".
o
D	6. Structured work place learning arrangements
ry	(1) Insert the following heading to section 64LC of
ta	the Education Act 1958—
n	"Structured workplace learning
e	arrangements".
m	(2) In section 64LC of the Education Act 1958—
ia

rl	(a)	in sub-section (2) for "a work placement
a	arrangement" substitute "an arrangement
P	under this section";

d	(b) in sub-section (3) for "A work placement
n	arrangement" substitute "An arrangement
a	for structured workplace learning".
n	7. Orders about structured workplace learning
o
ti	(1) Insert the following heading to section 64LD of
la	the Education Act 1958—
is	"Orders about structured workplace
g	learning".
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L	(2) In section 64LD(2) of the Education Act 1958 for

"work placement" (wherever occurring)

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a	substitute "structured workplace learning".
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Education (Workplace Learning) Act 2003

s. 8

Act No. 82/2003

(3) After section 64LD(2)(a) of the Education Act

1958 insert—

ts	"(ab) without limiting the generality of paragraph
n	(a), requiring pupils to undertake training in
e	occupational health and safety relevant to the
m	workplace where they will be employed
u	under a structured workplace learning
c	arrangement before the arrangement can be
o	entered into;".
D	8. Non-application of certain laws to employment for
ry	work experience
ta	(1) For section 64M(1)(a) of the Education Act 1958
n	substitute—
e	"(a) who is of or over 14 years of age; and".
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(2) In section 64M(5) of the Education Act 1958—

(a) paragraph (a) is repealed;

a	(b) in paragraph (b) omit "who has attained the
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age of 14 years".

d

n	9. Arrangements for pupils from interstate
a	(1) Insert the following heading to section 64MA of
n	the Education Act 1958—
o
ti	"Arrangements for pupils from interstate".
la	(2) In section 64MA of the Education Act 1958 for
is	"work placement" (wherever occurring)
g	substitute "structured workplace learning".
e
L	(3) In section 64MA(4)(g) of the Education Act 1958

for "work placement" substitute "structured

n	workplace learning".
a
ri	10. Conditions of employment
to	(1) In section 64N of the Education Act 1958 for
ic	"work placement" (wherever occurring)
V	substitute "structured workplace learning".

Education (Workplace Learning) Act 2003

s. 11

Act No. 82/2003

(2) For section 64N(1)(c) of the Education Act 1958

substitute—

ts	"(c) an employer must not at any time employ
n	more than the number of pupils that
e	employers are permitted to employ by an
m	Order made under section 64S;".
u	(3) For section 64N(3) of the Education Act 1958
c	substitute—
o
D	"(3) The Principal or head teacher of a school

may suspend the operation of a condition in

ry	sub-section (1)—
ta	(a) to allow a pupil to be employed under a
n	work experience arrangement for more
e	than 10 days but not exceeding 15 days
m	during any school term;
ia

rl	(b)	to allow the period of employment of
a	that pupil to exceed a total of 10 days
P	but not to exceed a total of 15 days during any school term in respect of the
d
n	arrangement—

a	if authorised to do so by Ministerial Order
n	under section 64S and subject to any terms
o	or conditions required by Ministerial Order
ti	under section 64S.".
la	11. New section 64O substituted
is
g	For section 64O of the Education Act 1958
e	substitute—
L	"64O. Duty of care
n
a	(1) A school or the principal, head teacher or
ri	teacher of a school does not have and is not
to	to be deemed to have a duty relating to the care or control of a pupil of the school while
ic	that pupil is employed—
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(a) under an arrangement; or

Education (Workplace Learning) Act 2003

s. 12

Act No. 82/2003

(b) as an apprentice under a training agreement under Part 5 of the Vocational Education and Training

ts	Act 1990 if the training for the pupil
n	under that agreement has been
e	approved or endorsed by the principal
m	or head teacher of the school.
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c	(2) An action does not lie against a school or the
o	principal, head teacher or teacher of a school
D	because of a breach of a duty referred to in
ry	sub-section (1).".
ta	12. Payment
n	In section 64Q(1)(b) and (3A) of the Education
e	Act 1958 for "work placement" substitute
m	"structured workplace learning".
ia	13. Ministerial Orders about work experience
rl
a	In section 64S(2) of the Education Act 1958—

P	(a)	in paragraph (d) for "64LB(2)." substitute
d	"64LB(2);";

n	(b) after paragraph (d), insert—
a
n	"(e) the circumstances under which the
o	principal or head teacher of a school
ti	can make work experience
la	arrangements about the placement of
is	pupils of or over the age of 21 years
g	with an employer;
e	(f) the terms and conditions under which
L	the principal or head teacher of a school
n	can make work experience
a
ri	arrangements about the placement of
pupils of or over the age of 21 years
to	with an employer;
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Education (Workplace Learning) Act 2003

s. 14

Act No. 82/2003

(g)

requiring that work experience pupil who is a child unless the

ts	following persons have provided a
n	check about any criminal record of that
e	person to the principal or head
m	teacher—
u
c	(i) the employer; and
o	(ii) any other person who will have
D	direct supervision or control of the
ry	pupil during the placement if the
ta	supervision or control will not be directly supervised by another
n
e	person;
m	(h) requiring pupils to undertake
ia	occupational, health and safety training
rl	before undertaking work experience;
a	(i) requiring that the Principal or head
P	teacher ensures that he or she or a
d	teacher at the school contacts a pupil at
n	least once during the time the pupil is
a	placed with an employer for work
n	experience.".
o
ti	14. Supreme Court—limitation of jurisdiction
la	After section 81A(2) of the Education Act 1958
is	insert—
g	"(3) It is the intention of section 64O to alter or
e	vary section 85 of the Constitution Act
L	1975.".
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Education (Workplace Learning) Act 2003

Endnotes

Act No. 82/2003

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 Education Act
c	1958 to make further provision for learning in the workplace and for other
o	purposes."
D	Constitution Act 1975:
ry	Section 85(5) statement:
ta	Legislative Assembly: 17 September 2003
n
e	Legislative Council: 28 October 2003
m	Absolute majorities:
ia	Legislative Assembly: 16 October 2003
rl	Legislative Council: 29 October 2003
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