Untitled document

Education Acts (Amendment) Act 2000

Act No. 8/2000

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Repeal of provisions relating to self-governing schools	2
4.	New sections inserted	3
15ZD. Secretary's power to transfer staff	3

15ZE.	Secretary to notify staff regarding transfers	3
15ZF.	Secretary to make individual offers	4

15ZG. Employee may elect to transfer	4
15ZH. Secretary to transfer staff	5

15ZI.	Transfers to teaching service	5
15ZJ.	Transfer of staff other than teachers and principals	6

15ZK. Staff who do not transfer 7

15ZL. Ministerial orders in respect of non-transferred staff 8

15ZM. Continuing certain powers in relation to property	8
15ZN. Continuation of certain partnerships, associations and

joint ventures 8

15ZO. Termination of educational services agreements 9

5. Amendment of the Teaching Service Act 1981 9

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NOTES 10

i

Victoria

No. 8 of 2000

Education Acts (Amendment) Act 2000†

[Assented to 18 April 2000]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purpose of this Act is to amend the
Education Act 1958 and the Teaching Service

Act 1981 to—

(a)	revoke special functions and powers given to certain school councils;
(b)	provide for the transfer of staff employed by those councils;

Education Acts (Amendment) Act 2000

s. 2 Act No. 8/2000

(c)

make transitional provisions for other those school councils.

2. Commencement

(1) Section 1 and this section come into operation on

the day after the day on which this Act receives

the Royal Assent.

(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 July 2001, it

comes into operation on that day.

3. Repeal of provisions relating to self-governing schools

No. 6240.

Reprint No. 8	(1) In the Education Act 1958—
as at
24 February	(a) section 15BA is repealed;
2000.
(b) sections 15R and 15S and sections 15U to 15ZB are repealed;
(c) in section 16, sub-section (8) is repealed.

(2) Section 15T of the Education Act 1958 is

repealed.

(3) The Education (Self-Governing Schools) Act

1998 is repealed.

(4) The notices under section 15S of the Education Act 1958 published in the Government Gazette dated 31 December 1998 and the Government

Gazette dated 16 June 1999 cease to have effect.

Education Acts (Amendment) Act 2000

Act No. 8/2000 s. 4

4. New sections 15ZD to 15ZO inserted

After section 15ZC of the Education Act 1958 insert—

'15ZD. Secretary's power to transfer staff

(1) The Secretary may transfer a school council employee who has elected to be transferred to employment under the Teaching Service Act 1981 or section 5 of this Act in

accordance with this Division to that

employment.

(2) The Secretary may only transfer a school

council employee on the terms and

conditions notified to that employee.

(3) In this section and sections 15ZE to 15ZL

"school council employee" means a person who, immediately before the commencement of section 3(2) of the Education Acts
(Amendment) Act 2000, was employed or engaged by a school council under section 15T as in force immediately before its

repeal.

15ZE. Secretary to notify staff regarding transfers

(1) The Secretary must take reasonable steps

to—

(a)	notify all school council employees of the provisions of this Division; and
(b)	request expressions of interests from those employees who wish to elect to transfer to employment in the teaching

service established under the Teaching under section 5 of this Act.

Education Acts (Amendment) Act 2000

s. 4 Act No. 8/2000

(2) A school council employee who wishes to

elect to transfer to employment in the teaching service established under the Teaching Service Act 1981 or to
employment under section 5 of this Act must
notify the Secretary within 14 days after
receipt of the notice under sub-section (1),
that the employee wishes to receive an offer
under section 15ZF of the terms and
conditions of employment that would apply

to that employee on transfer.

15ZF. Secretary to make individual offers

(1) The Secretary, within 30 days of receiving a notice from a school council employee under section 15ZE(2), must give that employee an offer of employment specifying the terms

and conditions of that employment.

(2) An offer under sub-section (1) must specify

a period, being not less than 28 days after
receipt of the notice, within which the school
council employee must notify the Secretary
of his or her election to transfer to
employment in accordance with the terms
and conditions specified in that offer.

15ZG. Employee may elect to transfer

(1) A school council employee who has received

an offer of employment under section 15ZF may elect to transfer to that employment by notifying the Secretary in writing of his or

her election to transfer within the period specified by the Secretary under section 15ZF.

(2) The Secretary may accept an election to

transfer under sub-section (1) from a school
council employee whose election is not
received within the period specified in the

Education Acts (Amendment) Act 2000

Act No. 8/2000 s. 4

offer made by the Secretary under
section 15ZF, if the Secretary is satisfied that

it is reasonable to do so in the circumstances.

15ZH. Secretary to transfer staff

(1) The Secretary, by notice in writing to a

school council employee who has elected to
transfer in accordance with section 15ZG,

may transfer that employee—

(a) employee employed or engaged as a
teacher or principal (however
designated), to the teaching service

in the case of a school council Act 1981; or

(b) in any other case, to employment under section 5 of this Act.

(2) The Secretary must specify a date in the

notice under sub-section (1) from which the

transfer is effective.

15ZI. Transfers to teaching service

(1) On the date specified by the Secretary under

section 15ZH, a school council employee
referred to in section 15ZH(1)(a)—

(a)	ceases to be employed or engaged by a school council under section 15T; and
(b)

is transferred to the teaching service Act 1981; and

(c) is entitled to long service leave, annual leave, sick leave, maternity leave and other leave which have accrued to that employee as if the period of employment or engagement under section 15T had been service in the

Education Acts (Amendment) Act 2000

s. 4	Act No. 8/2000
teaching service established under the Teaching Service Act 1981 and those entitlements had accrued in accordance with that Act.

(2) The service of a school council employee

during a period of employment or continuous with the service of that employee as a member of the teaching service.

engagement by a school council under
section 15T is to be treated for the purposes
of the Teaching Service Act 1981 and the

15ZJ. Transfer of staff other than teachers and

principals

(1) On the date specified by the Secretary under

section 15ZH, a school council employee
referred to in section 15ZH(1)(b)—

(a)	ceases to be employed or engaged by a school council under section 15T; and
(b)	is transferred to employment under section 5; and
(c)	leave, sick leave, maternity leave and other leave which have accrued to that employee as if the period of employment or engagement under section 15T had been employment

is entitled to long service leave, annual had accrued in accordance with this Act.

(2) The service of a school council employee

during a period of employment or
engagement by a school council under
section 15T is to be treated for the purposes
of employment under section 5 of this Act

Education Acts (Amendment) Act 2000

Act No. 8/2000 s. 4

and for the purposes of the State continuous with the service of that employee under section 5.

15ZK. Staff who do not transfer

(1) A school council employee who has not elected to transfer to the teaching service established under the Teaching Service Act

1981 or to employment under section 5 of

this Act in accordance with section 15ZG—

(a) agreement or arrangement relating to
employment or engagement with the
school council, to be employed or
engaged by the school council pursuant
to that agreement or arrangement until
the agreement or arrangement expires

continues, subject to his or her despite the repeal of section 15T; and

(b) on the expiry of that agreement or arrangement or when the agreement or arrangement ceases to have effect, ceases to be employed or engaged by the school council.

(2) A school council must not extend the term of

or the operation of an agreement or
arrangement relating to the employment or
engagement of any person to whom this
section applies.

(3) A school council may continue to deal with a school council employee whose employment or engagement is continued by virtue of this section as if section 15T had not been

repealed until the expiry of the agreement or
arrangement relating to the employment or

Education Acts (Amendment) Act 2000

s. 4 Act No. 8/2000

engagement or when the agreement or

arrangement ceases to have effect.

15ZL. Ministerial orders in respect of non-

transferred staff

The Minister may continue to make Orders under section 15T(5)(b) in relation to any school council employee whose employment continues under section 15ZK as if section 15T(5)(b) had not been repealed.

15ZM. Continuing certain powers in relation to

property

(1) A school council that, immediately before the commencement of section 3(1) of the Education Acts (Amendment) Act 2000,

had accrued any rights or incurred any
obligations in exercising its powers under
section 15W of this Act may continue to
exercise the powers under section 15W, as in
force immediately before that
commencement, in relation to those rights
and obligations as if section 15W had not

been repealed.

(2) Nothing in this section limits the power of a school council under section 13(2) of this under section 13 of this Act.

15ZN. Continuation of certain partnerships,

associations and joint ventures

(1) A school council that had become a member of a partnership or association or entered into a joint venture under and in accordance with section 15X before the commencement of

section 3(1) of the Education Acts
(Amendment) Act 2000 may continue to
exercise its powers under that section, as in

Education Acts (Amendment) Act 2000

Act No. 8/2000 s. 5

force immediately before that
commencement, except those powers
referred to in sub-section (2), in relation to
that partnership, association or joint venture.

(2) A school council that had become or purported to become a member of a partnership or association or had entered into

a joint venture under section 15X before the does not have power to extend the term of operation of the partnership, association or joint venture.

commencement of section 3(1) of the

15ZO. Termination of educational services

agreements

An educational services agreement that was entered into under section 15Y and that was in force immediately before the

commencement of section 3(1) of the by force of this section, terminated on the date of that commencement and all rights, entitlements, liabilities and obligations under any such agreement cease on that date.'.

5. Amendment of the Teaching Service Act 1981

No. 9714.

In section 77(1) of the Teaching Service Act	Reprint No. 4
1981, omit "or to a school council constituted	as at 1 July 1997. Further
under section 13 of the Education Act 1958".	amended by Nos 28/1998,
46/1998, 12/1999 and
15/1999.

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Education Acts (Amendment) Act 2000

Notes Act No. 8/2000

NOTES

†

Minister's second reading speech—

Legislative Assembly: 16 March 2000

Legislative Council: 11 April 2000

The long title for the Bill for this Act was "to amend the Education Act
1958 and the Teaching Service Act 1981 to revoke special functions and
powers given to certain school councils, to provide for the transfer of
staff employed by those councils and to make transitional provisions for
other agreements and arrangements entered into by those school councils
and for other purposes."