Untitled document
Education (Amendment) Act 1996
Act No. 47/1996
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purpose 1 2. Commencement 2
PART 2—OVERSEAS STUDENTS 3
3. Overseas student 3 4. Fees for overseas students applying to enrol 3
PART 3—WORK PLACEMENT ARRANGEMENTS 4
5. Definitions 4 6. Application to TAFE students 4 7. New sections 64LB, 64LC and 64LD inserted 4 64LB Work experience arrangements 5 64LC Work placement arrangements 5 64LD Orders about work placement for pupils 6 8. Consequential amendments 7 9. Work placements for pupils from interstate 7 10. Work placement arrangements 8 11. Duty of care 9 12. Payment 9 13. Consultation 10 14. Ministerial orders 11
PART 4—ACCIDENT COMPENSATION 12
15. Definition of student worker 12 16. Responsibilities of employer 12 17. Weekly payments 12 18. Outstanding weekly payments 13 19. Re-employment of worker 13 20. Return to work 13 21. New section 124 inserted 13
124. Application of Division 14
i
Section Page
22. New section 139AA inserted 14 139AA. Application of Part V 14 23. Exemption from rehabilitation etc. programs 14 24. Act applies to student workers 14
PART 5—STATUTE LAW REVISION 15
25. Statute law revision 15 26. Statute law revision 15
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NOTES 16
ii
Victoria
No. 47 of 1996
†
Education (Amendment) Act 1996
[Assented to 26 November 1996]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The main purpose of this Act is to amend the Education Act 1958 to make provision for work placements for secondary school pupils and to make further provision for overseas students and to amend the Accident Compensation Act 1985 and the Accident Compensation (WorkCover Insurance) Act 1993 to make further provision for pupils in the work place.
Education (Amendment) Act 1996
s. 2
Act No. 47/1996
2. Commencement
(1) This Act, except section 26, comes into operation on 1 January 1997.
(2) Section 26 is deemed to have come into operation on 1 June 1993.
_______________
Education (Amendment) Act 1996
s. 3
Act No. 47/1996
PART 2—OVERSEAS STUDENTS
3. Overseas student
No. 6240
In section 3(1) of the Education Act 1958, for the
Reprinted to
| No. 82/1994. | definition of "overseas student" substitute— |
| Subsequently | |
| amended by | ' "overseas student" means a person holding a |
| No. 104/1995. |
visa under the Migration Act 1958 of the Commonwealth which allows the person, whether expressly or otherwise, to study at a
State school in Victoria;'.
4. Fees for overseas students applying to enrol
(1) In section 25A(1) of the Education Act 1958—
(a)
after "overseas student" insert "who applies to be";
(b)
for "pay a" substitute "pay an application fee and, if enrolled a,".
(2) In section 25A(2) of the Education Act 1958—
(a)
after "overseas students" insert "applying to be enrolled or";
(b)
in paragraph (a) for "the fee" substitute "any fee";
(c)
in paragraph (b) for "the period" substitute "any period".
_______________
Education (Amendment) Act 1996
s. 5
Act No. 47/1996
PART 3—WORK PLACEMENT ARRANGEMENTS
5. Definitions
In section 64L of the Education Act 1958—
(a) for the definition of "arrangement" substitute— ' "arrangement" means a work experience
arrangement or a work placement
arrangement;';
(b) after the definition of "prescribed" insert— ' "principal", in relation to a school
registered under Part III, includes the
principal or person in charge of thatschool;';
(c) in the definition of "school" for "registered school" substitute "school registered under Part III"; (d) after the definition of "trade" insert— ' "work experience arrangement" means an arrangement made under section 64LB;
"work placement arrangement" means an
arrangement made under section
64LC;'.
6. Application to TAFE students
In section 64LA(1) of the Education Act 1958, for "This Part applies" substitute "The provisions of this Part relating to work experience arrangements apply".
7. New sections 64LB, 64LC and 64LD inserted
After section 64LA of the Education Act 1958 insert—
Education (Amendment) Act 1996
s. 7
Act No. 47/1996
"64LB. Work experience arrangements
(1) A pupil at a school may be placed with an employer for obtaining work experience as part of the pupil's education if the principal or head teacher of the school has made an
arrangement in writing with the employer about the placement of the pupil with the employer.
(2) A work experience arrangement under sub-
section (1) may be made with an employer in
another State or Territory—
(a)
if that State or Territory is declared by Order of the Governor in Council to be a reciprocating State or Territory for the purposes of this section; or
(b)
if the principal or head teacher is satisfied that it is appropriate that the arrangement should be made.
64LC. Work placement arrangements
(1) A pupil of a school who is over the age of 15
accredited by the Board of Studies or the
years and undertaking a course of study employer for training as part of that course of study if the principal or head teacher of the school, the employer, the pupil and, if the pupil is under the age of 18 years, the parent of the pupil have made an arrangement about the placement of the pupil with the employer. (2) A person must not make a work placement
arrangement if the arrangement would
include any period of placement at a skills or
training centre that is not operated by the
employer or is not under the direct control of
the employer.
Education (Amendment) Act 1996
s. 7
Act No. 47/1996
(3) A work placement arrangement may be made
with an employer in another State or
Territory—
(a)
if that State or Territory is declared by Order of the Governor in Council to be a reciprocating State or Territory for the purposes of this section; or
(b)
if the principal or head teacher of the school is satisfied that it is appropriate that the arrangement should be made.
64LD. Orders about work placement for pupils
(1) The Minister may make Orders about the work placement of pupils or any class of pupils with employers for training.
(2) Without limiting the generality of sub-
section (1) an Order may provide for—
(a) requirements which must be satisfied
the circumstances in which and the can be entered into;
(b) the maximum number of work placement hours or days that a pupil can be employed for under a work placement arrangement; (c) the hours of the day in which a pupil can work under a work placement arrangement; (d) the maximum number of pupils who can be employed by an employer at any time; (e) the circumstances in which a work suspended or cancelled;
Education (Amendment) Act 1996
s. 8
Act No. 47/1996
(f)
the minimum rate of payment for a pupil employed under a work placement arrangement;
(g)
any other terms and conditions for work placement arrangements including work placement arrangements referred to in
section 64LC(3) with employers in
other States or Territories.".
8. Consequential amendments
In section 64M of the Education Act 1958—
(a) in sub-sections (1)(b), (3) and (6) for "an arrangement" (wherever occurring) substitute "a work experience arrangement"; (b) in sub-section (5) for "An arrangement" arrangement".
9. Work placements for pupils from interstate
In section 64MA of the Education Act 1958—
(a) in sub-section (1) for "make an arrangement" substitute— "—
(a) make a work experience arrangement";
(b) in sub-section (1) for "his education" substitute— "the pupil's education; or
(b)
make a work placement arrangement with an employer in Victoria with a view to providing a pupil over the age of 15 years at the school with training in Victoria as part of the pupil's education."
Education (Amendment) Act 1996
s. 10
Act No. 47/1996
(c) in sub-section (3) for "an arrangement" substitute "a work experience arrangement"; (d) in sub-section (4)(a) for "an arrangement" (where second occurring) substitute "a work experience arrangement or a work placement arrangement"; (e) in sub-section (4), after paragraph (e) insert— '(f) a "work experience arrangement" includes a reference to a work experience arrangement under sub-section (1)(a);
(g) a "work placement arrangement"
includes a reference to a work
placement arrangement under sub-
section (1)(b);'.
10. Work placement arrangements
(1) In section 64N(1) of the Education Act 1958 for
"arrangements" substitute "work experience
arrangements".
(2) After section 64N(1) of the Education Act 1958
insert—
"(1A) A work placement arrangement must—
(a) be in writing and set out—
(i) details of the accredited course of study; and
(ii) the skills and competencies that during the work placement; and
(iii) the total number of days or hours that the pupil will be employed by the employer; and
Education (Amendment) Act 1996
s. 11
Act No. 47/1996
(iv) the period of employment under the work placement; and
(v) person authorised by the employer
to make work placement
arrangements, the trading orthe name of the employer or a and the address of the work place where the pupil will be employed; and
(b) be signed by the principal or head teacher of the pupil's school, the employer or a person authorised by the employer to make work placement arrangements, the pupil and, if the pupil is under the age of 18 years, the parent of the pupil. (1B) A work placement arrangement must not
provide for any period of employment
exceeding one calendar year.".
(3) In section 64N(2) of the Education Act 1958, for "An arrangement" substitute "A work experience arrangement".
11. Duty of care
In section 64O of the Education Act 1958, for "an arrangement" substitute "a work experience arrangement".
12. Payment
(1) In section 64Q(1) of the Education Act 1958—
(a) after "law" insert— "—
(a)
in the case of a work experience arrangement,";
Education (Amendment) Act 1996
s. 13
Act No. 47/1996
(b) after "Council" insert— " ; or
(b)
in the case of a work placement arrangement, be the minimum rate of payment fixed under section 64LD.".
(2) After section 64Q(3) of the Education Act 1958
insert—
"(3A) If the Minister is satisfied that a work
placement arrangement is for the not required to make any payment to a pupil or a member of the category of pupils referred to in the determination in respect of any period of employment in that centre.
employment of a pupil or a category of
pupils in a skills or training centre conducted
by an employer on a not for profit basis, the(3B) If the Minister makes a determination under
sub-section (3A) the employer is not required
to make any payment to the pupil or the
member of the category of pupils referred to
in the determination in respect of any period
of employment in the skills or training centre
despite anything to the contrary in this or any
other Act or in any law, award or
employment agreement.".
(3) In section 64Q(4) of the Education Act 1958, for
"such a case" substitute "the circumstances set
out in sub-sections (3), (3A) and (3B)".
13. Consultation
In section 64R of the Education Act 1958, for
"An arrangement" substitute "A work experience
arrangement".
Education (Amendment) Act 1996
s. 14
Act No. 47/1996
14. Ministerial orders
In section 84(1) of the Education Act 1958, for
"or 25A(2)" substitute ", 25A(2) or 64LD".
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Education (Amendment) Act 1996
s. 15
Act No. 47/1996
PART 4—ACCIDENT COMPENSATION
15. Definition of student worker
No. 10191
In section 5(1) of the Accident Compensation
Reprinted to
Act 1985, after the definition of "self-insurer" No. 42/1995.
Subsequentlyinsert— amended by Nos 85/1995,
' "student worker" means a worker within the 98/1995, meaning of paragraph (d) of the definition of
100/1995, 7/1996 and
"worker";'. 13/1996.
16. Responsibilities of employer
For section 108(6) of the Accident
Compensation Act 1985 substitute—
"(6) This section does not apply to an employer
who is a self-insurer or a subsidiary of a self- insurer except in relation to the employment of a student worker.".
17. Weekly payments
In section 114D of the Accident Compensation
Act 1985—
(a)
in sub-section (1) omit "(not being a self- insurer or a subsidiary of a self-insurer)";
(b)
in sub-sections (2) and (3) omit ", not being a self-insurer or a subsidiary of a self- insurer,";
(c) in sub-section (10)—
(i) for "this section" substitute "sub- sections (1) to (5)";
(ii) after "section" (where second
occurring) insert—"but does not include a self-insurer or a
subsidiary of a self-insurer except in relation
to the employment of a student worker".
Education (Amendment) Act 1996
s. 18
Act No. 47/1996
18. Outstanding weekly payments
(1) In section 114E(2) of the Accident
Compensation Act 1985 omit "(not being a self- insurer or a subsidiary of a self-insurer)".
(2) After section 114E(2) of the Accident
Compensation Act 1985 insert—
"(3) Sub-section (2) does not apply to a self-
insurer or a subsidiary of a self-insurer
except in relation to the employment of astudent worker.".
19. Re-employment of worker
For section 122(2A) of the Accident
Compensation Act 1985 substitute—
"(2A) This section does not apply to an employer of a worker in respect of a worker who is a pupil at a school within the meaning of Part IVA of the Education Act 1958 and
employed pursuant to a work experience
arrangement under that Part.".
20. Return to work
(1) In section 123(1) of the Accident Compensation
Act 1985 omit "(not being a self-insurer or a subsidiary of a self-insurer)".
(2) After section 123(3) of the Accident
Compensation Act 1985 insert—
"(4) Sub-section (1) does not apply to a self-
insurer or a subsidiary of a self-insurer
except in relation to the employment of astudent worker.".
21. New section 124 inserted
For section 124 of the Accident Compensation
Act 1985 substitute—
Education (Amendment) Act 1996
s. 22
Act No. 47/1996
"124. Application of Division
This Division does not apply to an employer who is a self-insurer or a subsidiary of a self- insurer except in relation to the employment of a student worker.".
22. New section 139AA inserted
After section 139 of the Accident Compensation
Act 1985 insert—
"139AA. Application of Part V
Nothing in sections 141, 141A, 142(1),
142A(1), 142B, 142C(1), 143, 146(5) and
151 applies in relation to the employment ofa student worker.".
23. Exemption from rehabilitation etc. programs
For section 157(f) of the Accident Compensation
Act 1985 substitute—
"(f) employers of workers who are pupils at a
school within the meaning of Part IVA of the Education Act 1958 employed pursuant to a work experience arrangement under that Part in respect of those workers.".
24. Act applies to student workers
No. 50/1993
At the end of section 4 of the Accident
Compensation (WorkCover Insurance) Act1993 insert—
"except in relation to the employment of a worker
within the meaning of paragraph (d) of the
definition of "worker" in section 5(1) of theAccident Compensation Act 1985.".
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Education (Amendment) Act 1996
s. 25
Act No. 47/1996
PART 5—STATUTE LAW REVISION
25. Statute law revision
In section 13 of the Education Act 1958—
(a) for "(9)A" substitute "(8)A";
(b) for "(10) Except" substitute "(9) Except";
(c) for "(11) No" substitute "(10) No".
26. Statute law revision
In section 22 of the Education Acts (Teachers)
Act 1993, for "78(1)" substitute "78(2)".
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Education (Amendment) Act 1996
Notes
Act No. 47/1996
NOTES
†
Minister's second reading speech—
Legislative Assembly: 10 October 1996
Legislative Council: 12 November 1996
The long title for the Bill for this Act was "to amend the Education Act 1958 to make provision for work placements for secondary school pupils and to make further provision for overseas students and to amend the
Accident Compensation Act 1985 and the Accident Compensation
(WorkCover Insurance) Act 1993 to make further provision for pupils
in the work place and for other purposes."
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