Untitled document

Education and Training Reform Amendment (Teacher Registration and Other Matters) Act 2013

No. 14 of 2013

table of provisions

Section  Page

1Purpose

2Commencement

3Definitions

4New section 2.4.47 inserted

2.4.47Acting senior chairperson

5Appeal to Merit Protection Board

6Senior chairperson

7Functions of Authority

8Part 2.6 definitions

9Application for registration

10Application for permission to teach

11New section 2.6.21A inserted

2.6.21AChange in correspondence address

12Pool of approved persons who may sit on hearing panels

13New section 2.6.41EA inserted

2.6.41EAFindings on referral by formal panel

14Conduct of a formal hearing

15New section 2.6.45A inserted

2.6.45APanel may adjourn hearing

16Findings and determinations of a formal hearing

17Disallowance of notices

18Orders to be tabled in Parliament

19Ministerial Orders—disallowance

20Statute law revision amendments

21Repeal of amending Act

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Endnotes

Education and Training Reform Amendment (Teacher Registration and Other Matters) Act 2013

No. 14 of 2013

[Assented to 26 March 2013]

The Parliament of Victoria enacts:

1Purpose

The main purpose of this Act is to amend the Education and Training Reform Act 2006—

(a)to amend the definition of sexual offence to include certain offences under the Criminal Code of the Commonwealth; and

(b)to provide for an acting senior chairperson of the Merit Protection Boards; and

(c)to provide for further functions of the Victorian Curriculum and Assessment Authority; and

(d)to provide for further requirements relating to applications for registration of a teacher; and

(e)to provide that the panel of a formal hearing into the conduct of a teacher may refer a matter to a medical panel hearing in certain circumstances; and

(f)to make miscellaneous amendments to provisions dealing with hearing panels; and

(g)to make other miscellaneous amendments to that Act.

2Commencement

(1)Section 1 and this section come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Section 20(1) is taken to have come into operation on 1 January 2011.

(3)Subject to subsection (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(4)If a provision referred to in subsection (3) does not come into operation before 1 February 2014, it comes into operation on that day.

3Definitions

In section 1.1.3(1) of the Education and Training Reform Act 2006 in the definition of sexual offence—

(a)in paragraph (a) omit "60,";

(b)after paragraph (d) insert—

"(da)an offence against any of the following sections of the Criminal Code of the Commonwealth—

(i)section 271.4 (trafficking in children) or section 271.7 (domestic trafficking in children) in circumstances where the purpose of the exploitation is to provide sexual services within the meaning of that section;

(ii)section 474.19(1) (using a carriage service for child pornography material);

(iii)section 474.20(1) (possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service);

(iv)section 474.22(1) (using a carriage service for child abuse material);

(v)section 474.23(1) (possessing, controlling, producing, supplying or obtaining child abuse material through a carriage service);

(vi)section 474.26 (using a carriage service to procure persons under 16 years of age);

(vii)section 474.27 (using a carriage service to "groom" persons under 16 years of age); or";

(c)in paragraph (e), for "(c) or (d)" substitute "(c), (d) or (da)";

(d)in paragraph (f), after "(d)" insert ", (da)".

4New section 2.4.47 inserted

After section 2.4.46 of the Education and Training Reform Act 2006 insert—

2.4.47Acting senior chairperson"

(1)The Minister may appoint a member of the pool appointed under section 2.4.45A to act in the place of the senior chairperson appointed under section 2.4.45A(2) who is absent or for any other reason is unable to perform the duties of office.

(2)Subject to this section, a person appointed under subsection (1)—

(a)has all the powers and may perform all the functions and duties of the senior chairperson; and

(b)is entitled to the remuneration and allowances (if any) to which the senior chairperson would have been entitled for performing those duties; and

(c)is subject to the same terms and conditions of appointment as the senior chairperson.

(3)A person appointed under subsection (1) may not sit as a member of a Merit Protection Board in place of the senior chairperson at a hearing of a review or an appeal which had commenced but had not concluded before the absence or inability of the senior chairperson commenced.".

5Appeal to Merit Protection Board

In section 2.4.57(2) of the Education and Training Reform Act 2006, after "Boards" insert "appointed under section 2.4.45A(2)".

6Senior chairperson

In section 2.4.71 of the Education and Training Reform Act 2006, in the definition of senior chairperson after "Boards" insert "appointed under section 2.4.45A(2)".

7Functions of Authority

After section 2.5.3(2)(ta) of the Education and Training Reform Act 2006 insert—

"(tab)receive information about, and investigate or coordinate the investigation of, alleged breaches of national protocols or guidelines published from time to time pursuant to an Act of the Commonwealth for the conduct of assessments against national standards for measuring and reporting on student performance;

(tac)report on the outcome of investigations referred to in paragraph (tab) to a person or body approved by the Minister;".

8Part 2.6 definitions

In section 2.6.1 of the Education and Training Reform Act 2006, in paragraph (b) of the definition of teacher, after "any school" insert

", whether the school was within or outside of Australia,".

9Application for registration

(1)After section 2.6.7(2A) of the Education and Training Reform Act 2006 insert—

"(2B)The application must include an address for the applicant to be used by the Institute in corresponding with the applicant.".

(2)For section 2.6.7(4)(ab) of the Education and Training Reform Act 2006 substitute—

"(ab)provide information about—

(i)any current or previous right to teach or to be employed as a teacher in another jurisdiction; or

(ii)any refusal, including the cancellation, of the right to teach or to be employed as a teacher in another jurisdiction and the reasons, including those given by the body responsible in that jurisdiction for any such refusal or cancellation, for the refusal or cancellation;

(ac)provide information about any previous refusal to register the applicant, or any cancellation of the applicant's registration, to carry out a profession in Victoria or in another jurisdiction and the reasons, including those given by the body responsible in that jurisdiction for any such refusal or cancellation, for the refusal or cancellation;".

10Application for permission to teach

After section 2.6.13(2A) of the Education and Training Reform Act 2006 insert—

"(2AB)The application must include an address for the applicant to be used by the Institute in corresponding with the applicant.".

11New section 2.6.21A inserted

After section 2.6.21 of the Education and Training Reform Act 2006 insert—

2.6.21AChange in correspondence address"

A registered teacher must notify the Institute in writing within 30 days of any change in the address provided by the teacher to be used by the Institute in corresponding with the teacher.".

12Pool of approved persons who may sit on hearing panels

Section 2.6.35F(2) of the Education and Training Reform Act 2006 is repealed.

13New section 2.6.41EA inserted

After section 2.6.41E of the Education and Training Reform Act 2006 insert—

2.6.41EAFindings on referral by formal panel"

(1)This section applies if a matter has been referred to a medical panel hearing by a formal hearing panel under section 2.6.45A.

(2)Despite sections 2.6.41D and 2.6.41E, the medical panel may make a finding but not a determination in relation to the matter under section 2.6.41E.

(3)The medical panel must notify the formal hearing panel of any finding in relation to the matter made under section 2.6.41E(1).".

14Conduct of a formal hearing

For section 2.6.45(e) of the Education and Training Reform Act 2006 substitute—

"(e)the panel may determine that any information that might enable any witness giving evidence in the proceedings to be identified is not to be published or broadcast; and".

15New section 2.6.45A inserted

After section 2.6.45 of the Education and Training Reform Act 2006 insert—

2.6.45APanel may adjourn hearing"

If, before the end of a formal hearing the panel is of the opinion that the teacher's ability to practise as a teacher is seriously detrimentally affected or likely to be seriously detrimentally affected because of an impairment, the panel may adjourn the hearing and refer the matter to a medical panel hearing to make findings about the teacher's ability to practise as a teacher.".

16Findings and determinations of a formal hearing

(1)In section 2.6.46(2) of the Education and Training Reform Act 2006, for "an inquiry" substitute "a formal hearing".

(2)After section 2.6.46(2) of the Education and Training Reform Act 2006 insert—

"(3)In making a determination under subsection (2), the panel may take into consideration any finding of a medical panel to which the matter was referred under section 2.6.45A.".

17Disallowance of notices

For section 4.3.32(3) of the Education and Training Reform Act 2006 substitute—

"(3)Parts 3A and 5A of the Subordinate Legislation Act 1994 apply to a notice under section 4.3.30 or 4.3.31 as if the notice were a legislative instrument within the meaning of that Act laid before each House of the Parliament under section 16B of that Act.".

18Orders to be tabled in Parliament

(1)In section 5.7A.8(1) of the Education and Training Reform Act 2006, after "Parliament" insert "on or before the 6th sitting day after the publication of the Order in the Government Gazette".

(2)For section 5.7A.8(2) of the Education and Training Reform Act 2006 substitute—

"(2)Section 16B of the Subordinate Legislation Act 1994 applies to an Order under this Division as if the Order were a legislative instrument within the meaning of that Act published in the Government Gazette in accordance with section 16A of that Act.".

19Ministerial Orders—disallowance

For section 5.10.6(3) of the Education and Training Reform Act 2006 substitute—

"(3)Parts 3A and 5A of the Subordinate Legislation Act 1994 apply to an Order made under this section as if the Order were a legislative instrument within the meaning of that Act laid before each House of the Parliament under section 16B of that Act.".

20Statute law revision amendments

(1)In section 2.6.14(1)(a) of the Education and Training Reform Act 2006, for "section 2.6.8(b)" substitute "section 2.6.8(a)(ii)".

(2)In sections 2.6.40(1A)(a), 2.6.41(c) and 2.6.46(2)(hc) of the Education and Training Reform Act 2006, for "teach" substitute "practise as a teacher".

(3)In section 2.6.41E(4) of the Education and Training Reform Act 2006, for "health panel" substitute "medical panel".

(4)In section 2.6.48(a) of the Education and Training Reform Act 2006, before "a hearing" insert "the procedure of".

(5)In section 3.3.34(2) of the Education and Training Reform Act 2006, after "may" omit "a".

21Repeal of amending Act

This Act is repealed on 1 February 2015.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

Minister's second reading speech—

Legislative Assembly: 7 February 2013

Legislative Council: 7 March 2013

The long title for the Bill for this Act was "A Bill for an Act to amend the Education and Training Reform Act 2006 and for other purposes."