Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian

Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014

No. 19 of 2014

table of provisions

SectionPage

Part 1—Preliminary

1Purposes

2Commencement

3Principal Act

Part 2—Amendments relating to Police and Criminal History Checks on Teachers

4Definitions

5Application for registration

6Registration

7Application for permission to teach

8Permission to teach

9Application for renewal of registration

10Heading to Division 6 of Part 2.6 substituted

11Criminal record checks

12Sections 2.6.22A and 2.6.23 substituted

2.6.22ANational criminal history checks

2.6.23VIT may request information about criminal records
of registered teacher

13Secretary may request check of criminal record of employee

14New section 6.1.35 inserted

6.1.35Transitional and savings provision—theEducation
and Training Reform Amendment (Registration
of Early Childhood Teachers and Victorian
Institute of Teaching) Act2014

15Statute law revision amendments

Part 3—The Register of Disciplinary Action and Other Matters

16Definitions

17Functions of Institute

18New section 2.6.21A substituted

2.6.21AChange in teacher's name or correspondence address must be notified

19Amendment of heading to Division 7 of Part 2.6

20The Register of Registered Teachers

21Publication of Register of Registered Teachers

22Insertion of new section 2.6.29BA

2.6.29BADiscretion to record suspension or condition in Register of Disciplinary Action

23Notice of formal hearing

24Conduct of a formal hearing

25Findings and determinations of a formal hearing

26New section 2.6.49A inserted

2.6.49APublication of determinations of formal hearing
panels

27Substitution of section 2.6.52

2.6.52Offence to publish or broadcast information
identifying a complainant or contravening a determination of the panel

28Insertion of new Division 13A in Part 2.6—Register of Disciplinary Action

Division 13A—Register of Disciplinary Action

2.6.54AThe Register of Disciplinary Action

2.6.54BInstitute to maintain the Register of Disciplinary
Action

2.6.54CWhat the Register must contain

2.6.54DWhich particulars must not be recorded on the
Register of Disciplinary Action

2.6.54EInstitute may decide that particulars be removed
from or excluded from the Register of Disciplinary Action

2.6.54FAt what time can particulars be recorded in the
Register

2.6.54GRetention period of particulars contained in Register
of Disciplinary Action

2.6.54HRemoval of particulars contained in Register of Disciplinary Action

2.6.54JUpdating and correcting particulars contained in the Register of Disciplinary Action

Part 4—Membership of the Council of the Victorian Institute of Teaching

29Council of the Victorian Institute of Teaching

30Sections 2.6.6A and 2.6.6B repealed and substituted

2.6.6AMinister's recommendations of persons for
appointment as members of the Council

2.6.6BMinister must consider certain persons for
appointment as members of the Council

31Repeal of section 2.6.63—Elected members

32Insertion of new section 6.1.36

6.1.36Transitional and savings provision—theEducation and Training Reform Amendment (Registration
of Early Childhood Teachers and Victorian
Institute of Teaching) Act2014

33Schedule 2—General provisions for authorities

34Schedule 5—Regulations

Part 5—Amendments Relating to Registration
of Early Childhood Teachers

35Definitions

36Definitions

37Eligibility of person to be employed as a teacher

38Dismissal, suspension and termination of employment

39New section 2.3.10A inserted

2.3.10AEmployment, dismissal and termination of holders
of temporary approvals

40Definitions

41Definitions

42Definitions

43Functions of Institute

44Minister must consider certain persons for appointment as members of the council

45Application for registration

46Interim registration

47New Division 3A inserted

Division 3A—Registration of early childhood teachers

2.6.12AApplication for registration

2.6.12BNational criminal history checks and information
and testing—registered teachers and applications
for registration under Division3 and this Division

2.6.12CQualification for registration as an early childhood teacher

2.6.12DRegistration as an early childhood teacher

2.6.12EProvisional registration as an early childhood teacher

2.6.12FNon-practising registration as an early childhood teacher

2.6.12GInterim registration

48Application for permission to teach

49New section 2.6.13A inserted

2.6.13ANational criminal history checks and information—registered early childhood teachers and applicants
for registration under Division3A and this Division

50Permission to teach

51Notification of outcome of application

52Duration and renewal of registration

53Application for renewal of registration

54Registration obtained by fraud

55Annual fees

56National criminal history checks

57VIT may request information about criminal records of
registered teacher

58The Register of Registered Teachers

59Use of certificate as evidence

60Heading to Division 7A amended

61New section 2.6.26B inserted

2.6.26BInstitute may request details of early childhood
teachers in early childhood services

62Institute may suspend registration or permission to teach

63Effect of suspension of registration

64Cancellation of registration or permission to teach without inquiry

65Request for conditions on or suspension of registration

66Discretion to record suspension or condition in Register of Disciplinary Action

67Powers of inquiry

68Institute to notify the teacher of an investigation

69Outcome of investigation

70Notice of an informal hearing

71Notice of medical panel hearing

72Findings and determinations of medical panel hearing

73Notice of a formal hearing

74Findings and determinations of a formal hearing

75What the Register must contain

76Review by VCAT

77Unregistered teachers

78New sections 2.6.56A and 2.6.56B inserted

2.6.56AUnregistered early childhood teachers

2.6.56BOffence to employ unregistered person for early childhood teacher requirements

79False representation

80Return of document

81New Division 15A inserted

Division 15A—Early childhood service exemptions and temporary approvals

2.6.60ASecretary may exempt early childhood service from funding requirements for registered early childhood teacher

2.6.60BApplication for a temporary approval to be employed or engaged as an early childhood teacher

2.6.60CGrant of temporary approval

2.6.60DDuration and conditions of temporary approvals

2.6.60ERevocation of exemptions and temporary approvals

2.6.60FProvision of information to the Secretary

82Accreditation Committee

83New section 2.6.77A inserted

2.6.77AFixing of fees for second registrations

84Scope of regulations

85Ministerial orders—general provisions

86Schedule 5—Regulations

87New clause 5A of Schedule 5 inserted

5ATemporary approvals

88New sections 6.1.37 and 6.1.38 inserted

6.1.37Transitional and savings provision—Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute
of Teaching) Act 2014—registration of early childhood teachers

6.1.38Transitional and savings provision—Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute
of Teaching) Act 2014—VIT Council

Part 6—Consequential Amendments to Other
Acts

89Amendments to Children, Youth and Families Act2005

90Amendments to Child Employment Act 2003

91Amendments to Fundraising Act 1998

92Amendments to Working with Children Act 2005

Part 7—Repeal of Amending Act

93Repeal of amending Act

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Endnotes

SectionPage

Victoria

SectionPage

Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014[†]

No. 19 of 2014

[Assented to 1 April 2014]

Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014
No. 19 of 2014

The Parliament of Victoriaenacts:

Part 7—Repeal of Amending Act

Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014
No. 19 of 2014

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to amend the Education and Training Reform Act 2006—

(i) to make further provision for police record andcriminal history checks on teachers; and

(ii) to make further provision for the conduct of formal hearings; and

(iii) to establish a register ofdisciplinary actions imposed in relation to teachers; and

(iv) to provide for registration of early childhood teachers; and

(v)to change the membership requirements of the Council of the Victorian Institute of Teaching; and

(vi)to approve in general the operation of that Act; and

(b)to make related consequential amendments to the Children, Youth and Families Act 2005,the Child Employment Act 2003, the Fundraising Act 1998andtheWorking with Children Act 2005.

2Commencement

s. 2

(1)Part 1 comes into operation on the day after the day on which this Act receives the Royal Assent.

(2)Section 15(2) 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 31 December 2015, it comes into operation on that day.

3Principal Act

s. 3

See:
Act No.
24/2006.
Reprint No. 4
as at
17 January 2013
and amending
Act Nos
71/2010, 76/2011, 39/2012, 14/2013, 47/2013, 50/2013, 67/2013 and 76/2013.
LawToday:
www.
legislation.
vic.gov.au

In this Act, the Education and Training Reform Act 2006 is called the Principal Act.

______

Part 2—Amendments Relating to Police and Criminal History Checks on Teachers

4Definitions

s. 4

(1)In section 1.1.3(1) of the Principal Act insert the following definitions—

"nationalcriminal history check,in relation to a person, means a check of thecriminal history of the person in or outside of Australia with or through a police force or other authority of Victoria, another State, a Territory or the Commonwealth;

Note

See section 1.1.3(4) for an interpretive provision relating tothe meaning of the criminal history of a person.

State police record check,in relation to a person, means a check of the records held by Victoria Police in relation to that person;".

(2)After section 1.1.3(3) of the Principal Act insert—

"(4)For the purposes of the definition of national criminal history check, the criminal history of a person includes any of the following—

(a) findings of guilt against the person with or without conviction;

(b) anycharges outstanding against the person;

(d) convictions against the person that are spent.".

5Application for registration

s. 5

(1)For section 2.6.7(2)(b)(iii) of the Principal Act substitute—

"(iii)theapplication fee fixed by the Minister; and".

(2)After section 2.6.7(2)(b)(iii) of the Principal Act insert—

"(iv)a consent signed by the applicant for the Institute to conduct a national criminal history check on the applicant; and

(v)the information specified in the application form relating to the identity of the applicant required for the purposes of the national criminal history check; and

(vi)the fee fixed by the Ministerfor the national criminal history check.".

(3)For section 2.6.7(2A) of the Principal Act substitute—

"(2A) The application must include an authorisation by the applicant for the Institute to arrange for the conduct of a State police record check—

(a)on the applicant in connection with the consideration of the application; and

(b) if registration is granted, on the teacher from time to time during the periodof that registration.".

(4)For section 2.6.7(3A) of the Principal Act substitute—

"(3A) In considering an application for registration, the Institute—

(a)must conduct a national criminal history check on the applicant; and

(b)may arrange for the conduct of a State police record check on the applicant.".

(5)In section 2.6.7(4)(a) of the Principal Actomit "undergo a criminal record check or".

6Registration

s. 6

After section 2.6.9(4) of the Principal Act insert—

"(5)The Institute may, from time to time, arrange for the conduct of a State police record check on a registered teacher during the period of registration of the teacher.".

7Application for permission to teach

(1)For section 2.6.13(2)(ab) and (b) of the Principal Act substitute—

"(b)accompanied by—

(i) subject to subsection (4), evidence satisfactory to the Institute that the person or body intending to employ or engage the applicant had first attempted to employ or engage a registered teacher to fill the teaching position relating to the application; and

(ii)theapplicationfee fixed by the Minister; and

(iii)a consent signed by the applicant for the Institute to conduct a national criminal history check on the applicant; and

(iv)the information specified in the application form relating to the identity of the applicant required for the purposes of the national criminal history check; and

(v)the feefixed by the Minister for the national criminal history check.".

(2)For section 2.6.13(2A) of the Principal Act substitute—

"(2A) The application must include an authorisation by the applicant for the Institute to arrange for the conduct of a State police record check—

(a)on the applicant in connection with the consideration of the application; and

(b) if permission to teach is granted, on the teacher from time to time during the period for which the permission remains in force.".

(3)For section 2.6.13(2B) of the Principal Act substitute—

s. 7

"(2B) In considering an application under this section, the Institute—

(a)must conduct a national criminal history check on the applicant; and

(b)may arrange for the conduct of a State police record check on the applicant.".

(4) In section 2.6.13(3) of the Principal Act, after "application" insert "including information about criminal records".

(5)In section 2.6.13(4) of the Principal Act, for "subsection (2)(ab)" substitute "subsection (2)(b)(i)".

8Permission to teach

s. 8

After section 2.6.14(3) of the Principal Act insert—

"(4) The Institute may, from time to time, conduct a State police record check on a person granted permission to teach during the period that the permission to teach remains in force.".

9Application for renewal of registration

(1)In section 2.6.18(1)(b)(iii) of the Principal Act, for "fee" substitute "application fee".

(2)For section 2.6.18(1A) and (1B) of the Principal Act substitute—

"(1A) Ifa national criminal history check has not been conducted on the applicant within 4years before the existing registration is due to expire—

(a)the application for renewal of registration must be accompanied by—

(i) a consent signed by the applicant for the Institute to conduct a national criminal history check on the applicant; and

(ii) the information specified in the application form relating to the identity of the applicant required for the purposes of the national criminal history check; and

(iii) the fee fixed by the Minister for the national criminal history check; and

(b) in considering the application for renewal of registration, the Institute must conduct a national criminal history check on the applicant.

(1B) The application for renewal of registration must include an authorisation by the applicant for the Institute to arrange for the conduct of a State police record check—

(a)on the applicant in connection with the consideration of the application; and

(b) ifrenewal of registration is granted, on the teacher from time to time during the period of that registration.

(1C) The Institute may arrange for the conduct of a State record police check—

(a)on the applicant in considering an application under this section; and

(b)if renewal of registration is granted, on the registered teacher from time to time during the period of registration of the teacher.".

10Heading to Division 6 of Part 2.6 substituted

s. 10

For the heading to Division 6 of Part 2.6 of the Principal Act substitute—

"Division 6—Criminal record and history checks".

11Criminal record checks

In section 2.6.22(1) of the Principal Act, for "the criminal record check" substitute "a check on any criminal record of the teacher".

12Sections 2.6.22A and 2.6.23 substituted

s. 12

For sections 2.6.22A and 2.6.23 of the Principal Act substitute—

"2.6.22A National criminal history checks

(1)The Institute must ensure that a national criminal history check is conducted in respect of each registered teacher—

(a)before the end of 5years after the last national criminal history check was conducted in respect of that teacher under this Part or any corresponding previous enactment; or

(b)ifsuch a check has never been conducted on the teacher, as soon as is reasonably practicable.

(2)In addition to conducting a national criminal history check under subsection (1), the Institute may conduct a national criminal history check on a registered teacher at any other time if the Institute reasonably suspects that there are circumstances that warrant the check being conducted at that time.

(3) A registered teacher, at the request of the Institute and by the date notified to the teacher by the Institute, must—

(a)provide to the Institute a consent signed by the teacher for the Institute to conduct a national criminal history checkon the teacher under this section; and

(b)provide to the Institute information specified by the Institute relating to the identity of the teacher required for the purposes of the national criminal history check; and

(c) if the national criminal history check is conducted under subsection (1), pay the fee fixed by the Minister for the national criminal history check.

(4) If a registered teacher, without reasonable excuse, fails to comply with the requirements in subsection (3) relating toa national criminal history check, the Institute may suspend the registration of the teacher.

(5) The Institute may revoke a suspension under subsection (4) if the person concerned—

(a)gives a satisfactory explanation of the failure to comply with the requirements of subsection (3); and

(b)provides to the Institute the consent or identification information required under subsection (3), if it was not provided by the notified date; and

(c)if the national criminal history check is conducted under subsection (1), pays the fee fixed by the Minister for the national criminal history check if it was not paid by the notified date; and

(d)paysany additional fee fixed by the Minister.

2.6.23VIT may request information about criminal records of registered teacher

s. 12

(1)The Institute, at any time during the period of registration of a teacher, may require the registered teacher to provide information about any criminal records relating to the teacher, by the date notified to the teacher by the Institute.

(2) If the registered teacher, without reasonable excuse, fails to provide the information by the notified date,the Institute may suspend the registration of the teacher.

(3)The Institute may revoke a suspension under subsection (2) if the person concerned—

(a)gives a satisfactory explanation of the failure to comply with subsection (1); and

(b)provides to the Institute the required information.".

13Secretary may request check of criminal record of employee

s. 13

(1)In the heading to section 5.3.4 of the Principal Act, after "check" insert "of employee".

(2)In section 5.3.4(2) and (3) of the Principal Act, for "criminal record check" (wherever occurring) substitute "check of the person's criminal record".

14New section 6.1.35 inserted

At the end of Chapter 6 of the Principal Act insert—

"6.1.35 Transitional and savings provision—theEducation and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act2014

A reference to anational criminal history check in section 2.6.22A(1)(a) includes a reference to a criminal record check within the meaning of Part 2.6as in force before it was amended by Part 2 of the Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014.".

15Statute law revision amendments

s. 15

(1)In section 2.6.9(1)(c) of the Principal Act, for "2.6.7;" substitute "2.6.7.".

(2)In section 2.6.11(1) of the Principal Act, for "section 2.6.8(a) and (b)" substitute "section 2.6.8(a)(i) and (ii)".

______

Part 3—The Register of Disciplinary Action and Other Matters

16Definitions

s. 16

(1)In section 1.1.3(1) of the Principal Act insert the following definition—

"Register of Registered Teachers means the Register of Registered Teachers established under section 2.6.24;".

(2)In section 2.6.1 of the Principal Act insert the following definition—

"Register of DisciplinaryAction means the Register of DisciplinaryAction established under Division 13A;".

17Functions of Institute

After section 2.6.3(1)(g) of the Principal Act insert—

"(ga) establish and maintain a Register of DisciplinaryAction in relation to registered teachers or former registered teachers;".

18New section 2.6.21A substituted

For section 2.6.21A of the Principal Act substitute—

"2.6.21A Change in teacher's name or correspondence address must be notified

A registered teacher must notify the Institute in writing within 30 days of any change in—

(a)the name of the teacher; or

(b)the address provided by the teacher to be used by the Institute in corresponding with the teacher.".