Victorian Curriculum and Assessment Authority (Amendment) Act 2003 (Vic)

Victorian Curriculum and Assessment Authority

(Amendment) Act 2003

ts	Act No. 88/2003
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u	TABLE OF PROVISIONS
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o Section Page

1. Purpose 1

D	2.	Commencement	2
ry	3.	Principal Act	2
4.	Part headings inserted	2
ta	5.	Definitions inserted	2
n	6.	Functions of Authority	3
e	7.	Powers of the Authority	3
8.	Committees	4
m	9.	New Part 3 inserted	5
ia
rl	PART 3—ASSESSMENT REVIEW	5
a	18A.	Authority may investigate certain matters	5
18B.	Decision to proceed to hearing	6
P	18C.	Assessment may be withheld pending decision	6
d	18D.	Notice of hearing	7
n	18E.	Procedure of review committee	7
a	18F.	Review committee may summon witnesses	8
18G.	Cross-examination of witnesses	8
n	18H.	Legal representation	8
o
ti	18I.	Decision of review committee	9
18J.	Notification of decision	10
la	18K.	Student may appeal against school decisions etc.	10
is	18L.	Review by appeals committee	12
18M.	Appointment of appeals committee	13
g	18N.	Notification of alteration of record of student
e	assessment	14
L	10.	New section 20A inserted	15
n	20A.	Transitional—2003 amendments	15
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o	Victoria
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n	No. 88 of 2003
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rl	Victorian Curriculum and Assessment
a	Authority (Amendment) Act 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	Victorian Curriculum and Assessment
n	Authority Act 2000 to provide for a process to
a	deal with alleged contraventions by students of the
ri	Authority's examination rules and assessment
to	rules.
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Victorian Curriculum and Assessment Authority (Amendment)

Act 2003

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Act No. 88/2003

2. Commencement

This Act comes into operation on the day after the

ts	day on which it receives the Royal Assent.
n	3. Principal Act

e	See:	In this Act, the Victorian Curriculum and
m	Act No.
96/2000.	Assessment Authority Act 2000 is called the
u	LawToday:
c
Principal Act.
o	dpc.vic. gov.au
D

ry	4. Part headings inserted
ta
n	In the Principal Act—
e	(a) before section 1 insert—
m
ia	"PART 1—PRELIMINARY";
rl	(b) after section 3 insert—
a
P	"PART 2—VICTORIAN CURRICULUM
d	AND ASSESSMENT AUTHORITY";
n
a	(c) before section 19 insert—
n
o
ti

"PART 4—GENERAL".

la	5. Definitions inserted
is	In section 3 of the Principal Act insert the
g	following definitions—
e
L	' "accredited" has the same meaning as in the Victorian Qualifications Authority Act
n
a	2000;
ri	"contravention", in relation to a rule, includes a
to	failure to comply with the rule;
ic	"review committee" means a committee referred
V	to in section 12(3A);'.

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6. Functions of Authority

(1) After section 6(1)(c) of the Principal Act insert—

ts	"(ca) conduct assessments of students in years 11
n	and 12 undertaking accredited courses;
e

(cb) arrange with schools and other persons,

m

u	bodies or agencies providing accredited
c	courses to conduct, on behalf of the
o	Authority, school-based assessments of
D	students in those courses;
ry	(cc) approve the establishment of examination
ta	centres for the conduct of examinations in
accredited courses and to withdraw approval
n
e	of examination centres;

(cd) set rules for the conduct of assessments,

m

ia	including examinations, referred to in
rl	paragraphs (ca) and (cb);".
a	(2) After section 6(1)(f) of the Principal Act insert—
P

"(fa) conduct investigations and hearings in

d	accordance with Part 3 and, if necessary,
n
a	amend or cancel assessments in accordance with that Part;
n
o	(fb) provide records of students' assessments to
ti	the Victorian Qualifications Authority
la	established under the Victorian
is	Qualifications Authority Act 2000;".
g	7. Powers of the Authority
e
L	After section 7(1) of the Principal Act insert—
n	"(1A) The Authority may require schools and other
a
ri	persons, bodies or agencies providing
accredited courses—
to	(a) to submit to the Authority school-based
ic	assessments of students in those
V	courses;

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(b) to provide to all students in years 11 and 12 undertaking accredited

ts	courses—
n	(i) the Authority's rules for the
e	conduct of assessments; and
m	(ii) any other information specified by
u	the Authority.".
c
o	8. Committees
D	(1) In section 12(3) of the Principal Act, after
ry	"members" insert "and other persons approved by
ta	the Minister".
n	(2) After section 12(3) of the Principal Act insert—
e	"(3A) A committee or committees established to
m	hear matters under Part 3, to be known as a
ia	review committee, must each consist of—
rl	(a) a member of the Authority who is to be
a
P	chairperson of the committee; and
d	(b) 2 other persons, who need not be
n	members of the Authority, approved by
a	the Minister.".
n	(3) After section 12(4) of the Principal Act insert—
o
ti	"(5) The Minister may approve the appointment
la	of any person who is not a member of the
is	Authority to be a member of a committee,
g	other than the executive committee,
e	established under this section.
L	(6) A person appointed to a committee after
n	approval by the Minister under sub-section
a
ri	(5), other than a person referred to in sub-
section (7), is entitled to be paid—
to	(a) any remuneration that is fixed from
ic	time to time by the Governor in
V	Council; and

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(b) allowances for travelling and personal expenses at the rates and on the conditions applicable to officers of the

ts	public service.
n
e	(7) Sub-section (6) does not apply to a person
m	who holds a full-time government office or a
u	full-time office in the public service,
c	teaching service or with a statutory authority
o	and whose travelling and personal expenses
D	are met through that office.".
ry	9. New Part 3 inserted
ta	After section 18 of the Principal Act insert—
n
e	"PART 3—ASSESSMENT REVIEW
m	18A. Authority may investigate certain matters
ia
rl	(1) The Authority may conduct an investigation
a	into—
P	(a) a suspected contravention of the
d	examination rules of the Authority; or
n
a	(b) an allegation that a student's assessment

by the Authority was obtained by

n	fraudulent, illegal or unfair means.
o
ti	(2) In conducting an investigation under sub-
la	section (1), the Authority may nominate a
is	person on its behalf to interview any student
g	enrolled in an accredited course.
e	(3) A person nominated to interview a student must give notice of the interview to the
L
n
a	student not less than 24 hours before the
ri	interview.
to	(4) Notice of an interview—
ic	(a) need not be in writing; and
V	(b) may nominate a time and place for the interview; and

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(c) must give particulars of the matter under investigation.

ts	(5) In addition to any other matter discussed at
n	the interview, the student must be informed
e	of possible further action by the Authority
m	and possible consequences to the student.
u	(6) The person who conducts an interview must
c	submit a written report of the interview to
o	the chief executive officer of the Authority
D	as soon as practicable after the interview.
ry	18B. Decision to proceed to hearing
ta	(1) The chief executive officer of the Authority
n	may, after considering a report submitted in
e	accordance with section 18A(6), make a
m	request to the Authority that a review
ia
rl	committee conduct a hearing.
a	(2) A person who has participated in the
P	investigation of a matter is not entitled to be a member of the review committee hearing
d
n	the matter.
a	(3) A student who is required to attend a hearing
n	before a review committee must have been
o
ti	interviewed in accordance with section 18A.
la	18C. Assessment may be withheld pending
is	decision
g	The Authority may withhold the assessment
e	of a student who is required to attend a
L	hearing before a review committee until the
n	later of—
a
ri	(a) the decision of the review committee

and the expiry of the period referred to

to	in section 18L(2); or
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(b) if the student applies to an appeals committee for review of the decision, notification to the Authority by the

ts	appeals committee of its determination
n	of the application.
e

18D. Notice of hearing

m

u	The chief executive officer of the Authority
c	must give a student who is required to attend
o	a hearing before a review committee—
D

(a) written notice of the hearing not less

ry	than 7 working days before the hearing
ta	is due to commence; and
n	(b) copies of the information and
e	documents on which the Authority
m	intends to rely at the hearing not less
ia	than 5 working days before the hearing
rl	is due to commence.
a
P	18E. Procedure of review committee
d	At a hearing—
n	(a) subject to this Act, the procedure of a
a

review committee is in its discretion;

n	and
o
ti	(b) the proceedings must be conducted
la	with as little formality and technicality
is	as the requirements of this Act and the
g	proper consideration of the matter
e	permit; and
L	(c) a review committee is not bound by
n	rules of evidence but may inform itself
a
ri	in any way it thinks fit; and
to	(d) a review committee is bound by the
ic	rules of natural justice.
V

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18F. Review committee may summon witnesses

Sections 14, 15, 16 and 21A of the Evidence

ts	Act 1958 apply to a review committee in the
n	conduct of a hearing as if it were a board or
e	the chairman of a board appointed by the
m	Governor in Council.
u	18G. Cross-examination of witnesses
c
o	(1) The cross-examination of witnesses in a
D	hearing before a review committee is in the
ry	discretion of the review committee.
ta	(2) An exercise of the discretion under sub-

section (1) must be consistent with the rules

n

e	of natural justice.
m	18H. Legal representation
ia	(1) A student may be represented by a legal
rl	practitioner at a hearing before a review
a	committee.
P

(2) A review committee may be assisted by a

d	person nominated by the Authority.
n
a	(3) A person assisting a review committee under
n	this section—
o
ti	(a) is entitled to be present during the
la	whole of the proceedings; and
is	(b) must ensure that all relevant
g	information is put before the review
e	committee but must not act as
L	prosecutor; and
n	(c) must advise the review committee on
a
ri	any matter on which it seeks to be
advised but must not adjudicate on the
to	matter before the review committee.
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18I. Decision of review committee

If a review committee is satisfied on the

ts	balance of probabilities that a student—
n	(a) has contravened the examination rules
e	of the Authority; or
m	(b) has obtained an assessment by the
u
c	Authority by fraudulent, illegal or
o	unfair means—
D	the review committee may—
ry	(c) reprimand the student; or
ta	(d) amend or cancel the student's grade for
n	the examination in which the
e	contravention occurred; or
m
ia
rl

(e) both—

(i) amend or cancel the student's

a	grade for the examination in
P	which the contravention occurred;
d	and
n	(ii) amend or cancel any or all of the
a	student's assessments in the same
n	study, including cancellation of
o
ti	satisfactory completion of the
la	study; or
is	(f) amend or cancel the student's grades for
g	examinations or other assessments in
e	one or more other studies, including
L	cancellation of satisfactory completion
n	of a study; or
a
ri	(g) cancel all the student's grades for

examinations and other assessments

to	conducted by the Authority during the
ic	year in which the contravention
V	occurred or the assessment was

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obtained, including cancellation of

satisfactory completion of the course.

ts	18J. Notification of decision
n	(1) A review committee must give its decision—
e

(a) orally at the hearing; and

m

u	(b) in writing to the student concerned not
c	later than 7 days after the hearing.
o
D	(2) A review committee must set out in its
ry	written decision—

(a) the reasons for its decision; and

ta	(b) the findings on material questions of
n
e	fact that led to the decision.
m	(3) A review committee must notify the
ia	Authority without delay of its decision.
rl	18K. Student may appeal against school
a	decisions etc.
P

(1) A student at a school may appeal to the

d

n	Authority against a decision by the school,
a	and any penalty imposed, in respect of a
n	contravention of the assessment rules of the
o	Authority relating to school-based
ti	assessments.
la	(2) An appeal under sub-section (1) must be
is	made by notice in writing to the chief
g	executive officer of the Authority not later
e	than 14 days after the student receives
L	written notice of the decision from the
n	school.
a
ri	(3) On receipt of a notice of appeal, the chief
to	executive officer of the Authority must
nominate an employee of the Authority to
ic	interview the parties to the appeal and
V	attempt to resolve the matter.

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(4) Not later than 7 days after the interview, the
school must, by notice in writing, advise the

student and the Authority that in relation to

ts	the student—
n
e	(a) it has rescinded its decision and any
m	penalty imposed; or
u	(b) it has rescinded the penalty imposed; or
c
o	(c) it has reduced the penalty imposed; or
D	(d) it confirms both the decision and the
ry	penalty imposed.
ta	(5) If the school rescinds its decision and any
n	penalty imposed in relation to the student,
e	the student's appeal is taken to have been
m	withdrawn.
ia	(6) On receipt of a notice under sub-section
rl	(4)(b), (c) or (d), the Authority must request
a	the student to elect either—
P

(a) to withdraw the appeal; or

d

n	(b) to confirm that the appeal is to proceed.
a	(7) If a student elects to proceed with an appeal,
n	the chief executive officer of the Authority
o
ti	must refer the appeal to a review committee
la	for hearing and determination.
is	(8) An appeal under this section must be
g	conducted as a re-hearing.
e	(9) Sections 18D, 18E, 18F, 18G, 18H and 18J
L	apply to the hearing of an appeal under this
n	section.
a
ri	(10) If a review committee is satisfied on the
to	balance of probabilities that the student has
contravened the assessment rules of the
ic	Authority relating to school-based
V	assessments, the review committee may—

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(a) reprimand the student; or

(b) if practicable, permit the student to re-

ts	submit to the school work required
n	for—
e	(i) assessment in the study or the
m	course; or
u
c	(ii) satisfactory completion of the
o	study or the course; or
D	(c) refuse to accept part of the work and
ry	request the school to assess the student
ta	on the remainder of the work
submitted; or
n

e	(d)	amend the student's school-based
m	assessment.

ia	18L. Review by appeals committee
rl	(1) A student affected by a decision of a review
a
P	committee, other than a decision under section 18K, may apply for review of the
d	decision by an appeals committee on one or
n
a	both of the following grounds—
n	(a) the decision was unreasonable;
o
ti	(b) the penalty imposed was too harsh.
la	(2) An application under sub-section (1) must be
is	made by notice in writing to the chief
g	executive officer of the Authority not later
e	than 14 days after the day on which the
L	review committee gave its decision orally at
n	the hearing.
a
ri	(3) The chief executive officer of the Authority

must refer an application under sub-section

to	(1) to an appeals committee for
ic	determination.
V

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(4) A student may make a written submission to

the appeals committee but is not entitled to
be heard in support of the written submission

ts	or to appear before the appeals committee.
n
e	(5) An appeals committee must review a
m	decision made by a review committee having
u	regard to all the documents before the review
c	committee, the written decision of the review
o	committee and any written submission made
D	by the student.
ry	(6) In determining an application for review of a
ta	decision made by a review committee, an
appeals committee may—
n
e	(a) affirm the decision under review; or
m	(b) vary the decision under review; or
ia
rl	(c) set aside the decision under review.
a	(7) An appeals committee must notify the
P	Authority without delay of its determination
d	of an application for review under this
n	section.
a

(8) The Minister may, by order published in the

n	Government Gazette, fix rules with respect
o
ti	to the procedure to be followed on
la	applications for review under this section.
is	18M. Appointment of appeals committee
g	(1) An appeals committee consists of 3 members
e	appointed by the Minister to determine
L	applications for review under section 18L.
n
a	(2) The Minister may appoint more than one
ri	appeals committee at any time.
to	(3) A member of an appeals committee must not
ic	be a member of the Authority, a member of a
V	committee of the Authority or an employee of the Authority.

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(4) The members of an appeals committee must have between them—

ts	(a)	knowledge of the assessment programs
n	of the Authority; and

e	(b) knowledge of this Act; and
m	(c) knowledge of the field of secondary
u
c	education.
o	(5) A member of an appeals committee holds
D	office for the term not exceeding 12 months
ry	that is specified in the instrument of
ta	appointment, and is eligible for re-
appointment.
n
e	(6) A member of an appeals committee, other
m	than a person who holds a full-time
ia	government office or a full-time office in the
rl	public service, teaching service or with a
a	statutory authority and whose travelling and
P	personal expenses are met through that office, is entitled to be paid any
d
n	remuneration and allowances that are
a	specified in the instrument of appointment.
n	18N. Notification of alteration of record of
o
ti	student assessment
la	If a student's assessment is amended or
is	cancelled under this Part, the Authority—

(a) must give written notice to the student

g

e	concerned; and
L	(b) may give written notice to any other
n	person to whom a copy of the student's
a
ri	record has previously been provided—
to	that the record of assessment has been so
ic	amended or cancelled, as the case requires.".
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10. New section 20A inserted

After section 20 of the Principal Act insert—

ts	"20A. Transitional—2003 amendments
n
e	This Act as amended by the Victorian Curriculum and Assessment Authority
m
u	(Amendment) Act 2003 applies to—
c	(a) all student assessments provided to or
o	calculated by the Authority on or after
D	1 October 2003; and
ry	(b) all decisions made by schools and
ta	penalties imposed in respect of a
n	contravention of the Authority's
e	assessment rules relating to school-
m	based assessments—
ia	(i) on or after the commencement of
rl	the Victorian Curriculum and
a	Assessment Authority
P	(Amendment) Act 2003; and
d	(ii) made before the commencement
n
a	of the Victorian Curriculum and Assessment Authority
n	(Amendment) Act 2003, if the
o
ti	student has lodged a notice of
la	appeal within 14 days after being
advised of the school's decision
is	and the appeal has not been
g	heard.".
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Victorian Curriculum and Assessment Authority (Amendment)

Act 2003

Endnotes

Act No. 88/2003

ENDNOTES

ts †

Minister's second reading speech—

n	Legislative Assembly: 15 October 2003
e
Legislative Council: 5 November 2003
m
u	The long title for the Bill for this Act was "to amend the Victorian
c	Curriculum and Assessment Authority Act 2000 and for other
o	purposes."
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