Untitled document

Education (Preschools) Act 1997

Act No. 82/1997

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	Definitions	2
4.	Delegation by Minister	2
5.	Ministerial directions and guidelines	2
6.	Employment of staff to provide preschool programs	3
7.	Works	3
8.	Sub-committees	3
9.	Minister to act if no council	3
10.	School work	3
11.	New Part 5A inserted	3
PART 5A—PRESCHOOL PROGRAMS	4

66.	Application of Part	4
67.	School councils may provide for preschool programs	4
68.	Acquisition and disposal of land for preschools	5
69.	Powers of school councils	6
70.	Fees for preschool programs	6
71.	Application and accounting for money	6

12.	Children's services centres	7
13.	Statute law revision	7

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NOTES 9

i

Victoria

No. 82 of 1997

Education (Preschools) Act 1997†

[Assented to 2 December 1997]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purpose of this Act is to amend the Education Act 1958 with respect to the provision of preschool programs and to make related amendments to Part XIA of the Health Act 1958.

2. Commencement

(1) Sections 1, 13 and this section come into

operation on the day on which this Act receives
the Royal Assent.

Education (Preschools) Act 1997

Act No. 82/1997 s. 3

(2) Subject to sub-section (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 sub-section (2) does

not come into operation before 1 January 1999, it
comes into operation on that date.

3. Definitions

In section 3(1) of the Education Act 1958,	No. 6240. Reprint No. 6
insert—	as at 15 March 1995
' "preschool program" means a preschool	and further

program provided for any child who is of or	amended by
Nos 104/1995,
over the age of 3 years and under school age	44/1996,
on 30 April in the year that the child takes	47/1996,
59/1996,
part in the preschool program;	3/1997 and 20/1997.

"school council" means the council of a State

school or group of schools that is constituted

under section 13;'.

4. Delegation by Minister

After section 8 of the Education Act 1958

insert—

"(2) The Minister may, by instrument, delegate to

any school council any power of the Minister
under this Act relating to the provision of
preschool programs, other than this power of
delegation and the Minister's powers under

section 14A.".

5. Ministerial directions and guidelines

In section 14A of the Education Act 1958, after
sub-section (3) insert—
"(4) Without limiting sub-section (1), the

Minister may give directions or issue guidelines to a council exercising functions and powers under Part 5A about the provision of preschool programs including

Education (Preschools) Act 1997

s. 6

s. 11 Act No. 82/1997

directions or guidelines for or with respect to

the fees to be charged for those programs.".

6. Employment of staff to provide preschool programs

In section 15B(1)(d) of the Education Act 1958, after "15" insert "or Part 5A".

7. Works

In section 15C(1) of the Education Act 1958,

after paragraph (b) insert—

"; or

(c)	construct or carry out any building structure or improvements in or on the school grounds or any other land that the Minister has
acquired an estate or interest in to provide preschool programs.".

8. Sub-committees

In section 15CA(2) of the Education Act 1958, for "to the committee" substitute "to members of the committee".

9. Minister to act if no council

In section 15G of the Education Act 1958, after "in respect of the school" insert "or any program (including a preschool program) offered by the

school".
10. School work

In section 34A of the Education Act 1958, in paragraph (c) of the definition of "school work", after "school" insert "or the provision of a preschool program by the council of any State school".

11. New Part 5A inserted

Education (Preschools) Act 1997
Act No. 82/1997

After section 65 of the Education Act 1958 insert—

"PART 5A—PRESCHOOL PROGRAMS

66. Application of Part

(1) A child who takes part in a preschool

program conducted under this Part is not, for
the purposes of this Act or any other Act
relating to the care or education of preschool
children, to be taken to be a pupil enrolled at
a State school.

(2) The powers of a school council under this Part are in addition to and do not limit the powers of a school council under any other

provision of this Act.

67.  School councils may provide for preschool programs

(1) The council of a State school or a group of

State schools that provides primary
education may, in accordance with any
direction or guideline issued under section

14A—

(a)	provide preschool programs on the premises of that school or any of the schools in that group of schools or on any other land or premises under the control of the Minister; or
(b)	enter into an agreement or arrangement with any other school council or other person or body for that council, person or body to use part of the premises of that school or any of the schools in that group of schools or other premises under the control of the Minister to

Education (Preschools) Act 1997

s. 11	Act No. 82/1997
provide a preschool program on those premises; or

(c) enter into an agreement or arrangement with any other school council or other person or body to jointly provide a preschool program.

(2) A school council that provides a preschool

program or enters into an arrangement or
agreement to provide a preschool program
must ensure that in any records kept by the
school or the school council, the preschool
children using the program are accounted for
separately from pupils enrolled at the school
in school programs.

68.  Acquisition and disposal of land for preschools

(1) The Minister may acquire by agreement any estate or interest in land to be used—

(a)	by the council of a school or a group of schools to operate a preschool program or programs on the land or on premises on the land; or
(b)	by another school council, person or body that has entered into an agreement or arrangement under section 67(1)(b) or (c) with a school council to provide preschool programs on the land or on premises on the land.

(2) The Minister may dispose of any estate,

interest, privilege or right in or over—

(a)	land in which the Minister has acquired an estate or interest under sub-section (1); or
(b)	land that is to be used for providing preschool programs in accordance with

Education (Preschools) Act 1997

Act No. 82/1997	s. 11
this Part that is vested in the Minister or taken on lease under section 18A.

(3) The Minister may dispose of any estate,

interest, privilege or right, except an interest
in fee simple, in or over land of the Crown
reserved for any educational purpose if the
land is to be used for providing preschool
programs in accordance with this Part.

(4) The council of a school or a group of schools may, if authorised in writing by the Minister, either generally or in any specified

circumstances, grant a leasehold interest in,
or a licence over, land to be used to operate a

preschool program or programs for children.

69. The council of a school or a group of schools
that provides, or makes agreements or
arrangements for the provision of, preschool
programs under this Part or proposes to do
any of those things has power to enter into
any contract for the provision of goods or
services of any kind to carry out the

Powers of school councils provision of preschool programs.

70.

Fees for preschool programs or any other person or body authorised by such a council under section 67(1)(b) or (c), may require the payment of fees for the provision of preschool programs and other related services.

71. Application and accounting for money

Education (Preschools) Act 1997

s. 12

s. 13 Act No. 82/1997

(1) The council of a school or a group of schools

that provides, or makes agreements or
arrangements for the provision of, preschool
programs under this Part must ensure that
any fees or other money received by the
council in the course of that provision or
those agreements or arrangements is applied
to the provision of preschool programs
unless directed otherwise by a direction or
guideline issued under section 14A.

(2) The council of a school or a group of schools

that provides, or makes agreements or
arrangements for the provision of, preschool
programs under this Part must ensure that
separate accounts and financial records are
maintained in relation to the provision of
those programs.".

12. Children's services centres

In section 208A of the Health Act 1958, after
sub-section (2) insert—

"(3) This Part applies to a school council that

conducts a children's services centre but
nothing in this Part makes the school council
liable to be prosecuted for an offence under

this Part.

(4) Despite sub-section (2), this Part applies to a

school council or any other person or body which conducts a children's services centre on or at any premises or place which is a
school established under the Education Act

1958.".

13. Statute law revision

In the Education Act 1958—

Education (Preschools) Act 1997

Act No. 82/1997

(a) in section 15B(3) for "employés" (where twice occurring) substitute "employees";

(b) in section 64MA(4)(d) omit "and".

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Education (Preschools) Act 1997

Notes Act No. 82/1997

NOTES

†

Minister's second reading speech—

Legislative Assembly: 30 October 1997

Legislative Council: 19 November 1997

The long title for the Bill for this Act was "to amend the Education Act 1958 with respect to the provision of preschool programs and to make related amendments to Part XIA of the Health Act 1958 and for

other purposes."