Education and Training Reform Further Amendment Act 2010

Education and Training Reform Further Amendment Act 2010

No. 28 of 2010

table of provisions

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 3

3 Principal Act 3

Part 2—Amendments to the Education and Training Reform Act 2006 4

4 Definitions 4

5 Functions of Institute 4

6 Application for registration 4

7 Substitution of section 2.6.8 5

2.6.8 Qualification for registration as a teacher 5

8 Application for permission to teach 6

9 Application for renewal of registration 6

10 Annual fees 7

11 The Register 7

12 Notifications 7

13 Fees 8

14 Vesting of land in Minister administering this Act 8

15 Substitution of definition of education or training provider in Part 5.3A 8

16 Authorisations for use of Victorian student numbers or related information 9

17 New Part 5.7A inserted 9

Part 5.7A—Mildura Schools Land 9

Division 1—Introductory 9

5.7A.1 Purpose of this Part 9

5.7A.2 Definitions 10

5.7A.3 Mildura schools land 11

5.7A.4 Land purchased under this Part to vest in the Minister administering this Part 12

5.7A.5 Variation to Mildura schools land by Order 12

5.7A.6 First Order declaring beneficiary schools 14

5.7A.7 Further Orders varying beneficiary schools 15

5.7A.8 Orders to be tabled in Parliament 16

Division 2—Dealings with Mildura schools land 17

Subdivision 1—Leasing of land 17

5.7A.9 Power of Minister to lease Mildura schools land 17

5.7A.10 Rent to be determined on basis of valuation of land 17

5.7A.11 Valuation of land to include value of improvements 18

5.7A.12 Leaseholder may apply for review to VCAT 18

5.7A.13 Ownership of improvements on leased land 19

Subdivision 2—Easements over land 19

5.7A.14 Power of Minister to grant easements over Mildura schools land 19

Subdivision 3—Sale and purchase of land 20

5.7A.15 Minister holds Mildura schools land on trust for sale 20

5.7A.16 Power of Minister to purchase additional land 20

Subdivision 4—Subdivision or consolidation of land 20

5.7A.17 Power of Minister to subdivide or consolidate land 20

Division 3—Distribution and use of rents and profits 21

5.7A.18 Power of Minister to enter agreement with trustee 21

5.7A.19 Agreement to provide for establishment of funds for rents and profits 21

5.7A.20 Agreement to provide for costs to be paid out of
funds 21

5.7A.21 Agreement to provide for money in funds to be distributed to beneficiary schools 22

5.7A.22 School councils may recommend that distribution of income be varied 23

5.7A.23 Agreement to provide for reports by trustee company 23

5.7A.24 Distribution amount to be paid to school 23

5.7A.25 Use of distributed money by school councils and governing bodies 24

Division 4—Proceeds derived from disposition of land or creation of easement over land 25

5.7A.26 Proceeds of dispositions of land and easements to be paid into special fund 25

5.7A.27 Income derived from proceeds treated as rent and profits 26

5.7A.28 Division has effect despite contrary law 26

18 New section 6.1.16 inserted 26

6.1.16 Transitional provision—Education and Training Reform Further Amendment Act 2010 26

19 New sections 6.1.17 and 6.1.18 inserted 27

6.1.17 Transitional provisions—Education and Training Reform Amendment Act2010 27

6.1.18 Transitional provisions—Education and Training Reform Further Amendment Act2010 28

20 Acting appointments 30

21 Statute law revision 30

Part 3—Amendments and Repeals 31

Division 1—Amendments to other Act 31

22 Amendment to Education and Training Reform
Amendment Act2010 31

Division 2—Repeal of various Acts 31

23 Repeal of Mildura College Lands Act 1916 31

24 Repeal of Mildura College Land (Ranfurly) Act1992 31

25 Repeal of Institute of Educational Administration
(Repeal) Act1993 32

26 Repeal of Mildura College Lands (Amendment) Act1995 32

Division 3—Repeal of amending Act 32

27 Repeal of amending Act 32

═══════════════

Endnotes 33

iii

Section Page

Victoria

iii

Section Page

iii

Section Page

Education and Training Reform Further Amendment Act 2010[(]

No. 28 of 2010

[Assented to 8 June 2010]

iii

Education and Training Reform Further Amendment Act 2010
No. 28 of 2010

The Parliament of Victoria enacts:

Part 3—Amendments and Repeals

Education and Training Reform Further Amendment Act 2010
No. 28 of 2010

Part 1—Preliminary

1 Purposes

The main purposes of this Act are—

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

(i) to enlarge the functions of the Victorian Institute of Teaching to include developing standards for higher levels of professional practice by teachers; and

(ii) to provide for police record checks to be carried out on teachers before and during registration; and

(iii) to streamline the qualification requirements for non-practising teachers who wish to return to full registration; and

(iv) to provide for additional particulars relating to sanctions placed on teachers to be contained in the Register of Teachers; and

s. 1

(v) to require the Victorian Institute of Teaching to notify the Director of Public Transport of certain determinations made by a formal hearing panel relating to teachers; and

(vi) to make consequential and miscellaneous amendments to that Act; and

(b) to re-enact the Mildura College Lands Act 1916 in the Education and Training Reform Act 2006; and

(c) to repeal the Mildura College Lands Act 1916, the Mildura College Land (Ranfurly) Act 1992, the Institute of Educational Administration (Repeal) Act 1993 and the Mildura College Lands (Amendment) Act 1995.

2 Commencement

s. 2

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 January 2011, it comes into operation on that day.

3 Principal Act

See:
Act No.
24/2006.
Reprint No. 1
as at
14 July 2008
and amending
Act Nos
12/2008, 62/2008, 70/2008, 4/2009, 45/2009, 62/2009, 68/2009, 69/2009 and 85/2009.
LawToday:
www.
legislation.
vic.gov.au

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

______

Part 2—Amendments to the Education and Training Reform Act 2006

4 Definitions

s. 4

Insert the following definition in section 1.1.3(1) of the Principal Act—

"Catholic Education Commission means the Catholic Education Commission of Victoria Limited ACN 119 459 853;".

5 Functions of Institute

(1) In section 2.6.3(1)(c) of the Principal Act, after "renewal of registration of" insert ", or for the recognition of higher levels of professional practice attained by,".

(2) For section 2.6.3(1)(d) of the Principal Act substitute—

"(d) develop, establish and maintain—

(i) standards of professional practice for entry into and remaining in the teaching profession; and

(ii) standards for the recognition of higher levels of professional practice attained by teachers in Victorian schools;".

(3) In section 2.6.3(2) of the Principal Act, after "renewal of registration of" insert ", or for the recognition of higher levels of professional practice attained by,".

6 Application for registration

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

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

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

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

(2) After section 2.6.7(3) of the Principal Act insert—

"(3A) In considering an application under this section, the Institute may arrange for the conduct of a police record check on the applicant.".

7 Substitution of section 2.6.8

s. 7

For section 2.6.8 of the Principal Act substitute—

"2.6.8 Qualification for registration as a teacher

A natural person is qualified to be registered as a teacher—

(a) if the person—

(i) has obtained a qualification that is appropriate for entry to teaching approved by the Minister or obtained a qualification which is determined by the Institute to be equivalent to an approved qualification; and

(ii) produces evidence that the person satisfies the criteria approved by the Minister about—

(A) suitability to be a teacher; and

(B) competence in speaking or communicating in the English language for the person to teach in a school; and

(iii) produces evidence that the person has achieved the standards of professional practice required for registration that are approved by the Minister; or

(b) if the person is currently registered as a non-practising teacher.".

8 Application for permission to teach

s. 8

(1) After section 2.6.13(2) of the Principal Act insert—

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

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

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

(2B) In considering an application under this section, the Institute may arrange for the conduct of a police record check on the applicant.".

9 Application for renewal of registration

(1) After section 2.6.18(1)(a) of the Principal Act insert—

"(ab) must be in the form approved by the Institute; and".

(2) After section 2.6.18(1) of the Principal Act insert—

"(1A) The application must include an authorisation by the applicant for the Institute to conduct a police record check—

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

(b) if renewal of registration is granted, from time to time during the period for which the registration remains in force.

(1B) In considering an application under this section, the Institute may arrange for the conduct of a police record check on the applicant.".

10 Annual fees

s. 10

After section 2.6.21(1) of the Principal Act insert—

"(1A) Despite subsection (1), if the fee payable under subsection (1) is for a period of less than 12 months it must be calculated on a pro rata basis to the nearest month.".

11 The Register

For section 2.6.24(d) of the Principal Act substitute—

"(d) whether, due to an adverse finding by a formal hearing panel under Division 12 or by virtue of section 2.6.29, the registration of the teacher—

(i) is subject to a condition, limitation or restriction; or

(ii) has been suspended or cancelled;".

12 Notifications

(1) After section 2.6.51(1)(g) of the Principal Act insert—

"(ga) to the Director of Public Transport within the meaning of the Transport Act 1983; and".

(2) In section 2.6.51(3) of the Principal Act, for "(g)and (h)" substitute "(g), (ga) and (h)".

13 Fees

s. 13

After section 2.6.77(2) of the Principal Act insert—

"(3) Despite subsection (2)(a), if the period for which the fee is payable is less than 12months, it must be calculated on a prorata basis to the nearest month.".

14 Vesting of land in Minister administering this Act

(1) In section 5.2.6(1) of the Principal Act, after "purposes of this Act" insert "(except land purchased for the purposes of Part 5.7A)".

(2) After section 5.2.6(5) of the Principal Act insert—

"(5A) Subsection (5) does not apply to the proceeds of the sale or other disposition of any part of the Mildura schools land under Part 5.7A or a disposition in fee simple of any part of that land that has otherwise occurred.".

15 Substitution of definition of education or training provider in Part 5.3A

For the definition of education or training provider in section 5.3A.1 of the Principal Act substitute—

"education or training provider means—

(a) a person, body or school registered by the Authority under Division 1 or Division3 of Part 4.3 but does not include a university, except the TAFE Division of a university; or

(b) a person or body receiving a grant, subsidy or loan by the Adult, Community and Further Education Board (within the meaning of Part 3.3) in relation to the provision of adult, community and further education;".

16 Authorisations for use of Victorian student numbers or related information

s. 16

(1) After section 5.3A.9(1)(c) of the Principal Act insert—

"(ca) any employee of the Catholic Education Commission or of a Catholic education agency acting on behalf of the Catholic Education Commission, whose duties include the analysis and evaluation of information relating to students;".

(2) In section 5.3A.9(1)(d) of the Principal Act, after "Department" insert ", the Department of Innovation, Industry and Regional Development or the Department of Planning and Community Development".

17 New Part 5.7A inserted

After Part 5.7 of the Principal Act insert—

"Part 5.7A—Mildura Schools Land

Division 1—Introductory

5.7A.1 Purpose of this Part

(1) The purpose of this Part is to re-enact and modernise the provisions of the Mildura College Lands Act 1916.

(2) The provisions of the Mildura College Lands Act 1916 gave legislative force to a trust over certain land in the Mildura region, the trust being set up by George and William Chaffey in 1887 to benefit an agricultural college to be built in that region, but which ultimately benefited the Mildura Agricultural High School and its successors and subsequently other schools in that region.

5.7A.2 Definitions

In this Part—

beneficiary schools means the schools declared to be beneficiary schools in the Order made under section 5.7A.6 and any Order made under section5.7A.7;

Note

Section 6.1.18(9) is a transitional provision, which provides that, until an Order is made under section 5.7A.6, a beneficiary school is taken to be any school listed as a beneficiary in Schedule 2 to the Mildura College Lands Act 1916 before its repeal.

s. 17

beneficiary schools region means that part of the municipal district of the Mildura Rural City Council that is bounded by the Murray River, Meridian Road, Wood Road and the imaginary extension of Meridian Road in a direct line north to the Murray River, the imaginary extension of Wood Road in a direct line to Wilga Road, Wilga Road until it intersects with the Calder Highway, the Calder Highway from Wilga Road until it intersects with Castle Crossings Road, Castle Crossings Road from the Calder Highway until it intersects with Kulkyne Way and the imaginary extension of Castle Crossings Road from that intersection in a direct line east to the Murray River;

Central Plan Office means the Central Plan Office of the Department of Sustainability and Environment;

Mildura schools land has the meaning set out in section 5.7A.3;

school means a registered school;