Education and Training Reform Act 2006

1 I Education and Training Reform Act 2006 Act No. 24/2006 TABLE OF PROVISIONS Section Page CHAPTER 1 GENERAL 1 PART PRELIMINARY 1 Purpose 1 Commencement 3 Definitions 3 Binding of Crown 10 Extra-territorial operation of this Act 11 PART PRINCIPLES 12 Principles underlying the enactment of this Act 12 Principles underlying the Government Education and Training system 13 Principles not to give rise to civil cause of action 14 CHAPTER 2 SCHOOL Education 15 PART COMPULSORY Education 15 Division 1 Attendance at

2 School 15 Attendance at school 15 Offence for parent to fail to comply with duty 15 What is a reasonable excuse? 15 Parent to notify school of absence 16 Exemption from attendance at school 17 Obligations of parents 17 Division 2 Enforcement of Attendance 17 Appointment of school attendance officers 17 Identity card 17 Production of identity card 17 Powers of school attendance officers 18 Offence to hinder or obstruct school attendance officer 18 Power to bring proceedings 18 Certificate to be evidence as to attendance of child 18 Onus of proof 18 Section Page ii PART GOVERNMENT SCHOOLS 19 Division 1 Establishment of Government Schools 19 Establishment of Government schools and educational services

3 19 Discontinuation of Government schools limitation of judicial review 19 Limitation on occupier's liability for discontinued Government schools 20 Division 2 Instruction in Government Schools 21 Instruction in specified learning areas to be free to students under 20 21 Students over 20 may be charged fees 21 Parent not required to contribute to cost of additional support 22 Voluntary financial contributions 22 Overseas students to be required to pay fees 23 Overseas students fees Order 23 Education in Government schools to be secular 24 Special religious instruction 24 Ceremony in relation to being Australian citizens 25 Division 3 Admission to Government Schools 26 Admission to designated neighbourhood Government school 26 Admission to other Government school 26 Refusal of admission generally 27 Minister may approve admission criteria 27 Refusal of admission for safety reasons 27 Age requirements for enrolment at Government schools 28 Division 4 Discipline of Students 28 Discipline of students 28 Division 5 Assistance for Students with Special Needs 29 Assistance for students with special needs 29 PART GOVERNMENT SCHOOL COUNCILS 30 Division 1 Definitions 30 Definitions 30 Division 2 Constitution of School Councils 30 Minister may constitute school council by Order 30 Minister entitled to act if no school council 34 Section Page iii

4 Division 3 Objectives, Functions and Powers of School Councils 34 Objectives of a school council 34 Functions of a school council 34 Powers of a school council 36 Accountability 37 Division 4 Employment of Staff 38 Employment or engagement of teachers and other staff in schools 38 Eligibility of person to be employed as a teacher 39 Dismissal, suspension and termination of employment 39 Division 5 Further Powers of School Councils 40 Use of school buildings and grounds for activities 40 School council may carry out works 41 Public bodies authorised to perform works for school council 43 School council may form sub-committee 43 School council may delegate powers, duties or functions 43 School council may form committees to manage joint facilities 44 School council may delegate powers.

5 Duties or functions to members of committee 44 School council may sell property 44 Division 6 Preschool Programs 45 Application of Division 45 School councils may provide for preschool programs 45 Council may grant lease or licence over preschool land 46 Fees for preschool programs 46 Application of, and accounting for, money received 47 Division 7 Reporting and Accountability Requirements 47 School plan 47 Status of school plan 48 Termination of school plan 48 School council to prepare annual report 48 Powers of Auditor-General regarding council accounts 49 Use of funds by school council 49 Annual reports 50 Division 8 General 50 Limitation on commencement of legal proceedings 50 Indemnity for school council members 51 Section Page iv PART GOVERNMENT TEACHING SERVICE 52 Division 1 Preliminary 52 Definitions 52 Division 2 Employment in teaching service 53 Application of Federal awards and

6 Agreements 53 Employment of teachers, principals and other staff 53 Filling of vacant positions 55 Public notices 55 Secretary to consider recommendation of school council 56 Eligibility for employment 56 Employment to be on probation 57 Term of employment 57 Reclassification of a position 58 Progression of salary or wages 58 Division 3 The Principal Class 59 Definitions 59 Classification of positions in the Principal Class 60 Contract of employment 60 Matters regulated by a contract of employment 61 Monetary remuneration and employment benefits 62 Travelling and subsistence allowances etc. 64 Performance review of a member of the Principal Class 64 Termination of a contract of employment 65 Vacancy of Principal Class position 67 Contracts prevail in certain circumstances 67 Certain legal proceedings excluded 68 Division 5 of Part 3 of Public Administration Act 2004 not to apply 68 Division 4 Leave and Other Entitlements 68 Leave of absence and pay in lieu 68 Long service leave 69 Payment instead of long service leave 72 Work of a higher or lower class or grade 72 Gratuity 73 Rent charged to employees 73 Restriction on employees doing other work 73 Saving of rights of persons holding Government office 74 Retirement through ill-health long service leave 75 Retirement 75 Absence from duty 75 Fines to be stopped from salary 75 No claim for compensation 76 Section

7 Page v Division 5 Transfers Between Teaching Service and Public Service 76 Transfer etc. from teaching service to public service 76 Transfer etc. from public service to teaching service 76 Rights in the public service preserved 76 Rights under this Act preserved 77 Division 6 Transfers and Promotions within the Teaching Service 77 Transfer or promotion of an on-going employee 77 Term of employment 79 Employment of members of the Principal Class 79 Division 7 Appeals 79 Merit Protection Boards 79 Membership of Boards 80 Terms and conditions of appointment 81 Acting appointments 81 Allocation of work amongst the Boards 81 Oath of office 82 Decisions of Board 82 Reviews 82 Determination of Board 83 Review of Secretary's decision not to appoint 84 Review of appointment of principal 85 Relevant criteria 86 Division 8 Termination due to incapacity 87 Termination due to physical or mental incapacity 87 Appeal to Merit Protection Board 89 Division 9 Dismissal

8 And Suspension 90 Dismissal of disqualified and unregistered teachers 90 Suspension and dismissal of unregistered teachers 90 Division 10 Misconduct and Inefficiency 92 Grounds for action 92 Action against employee 93 Procedures for investigation and determination of allegations 93 Quashing etc. of conviction or finding of guilt 94 Suspension from duty 94 Investigation 96 Employee may make submissions 96 Secretary need not hold oral hearing 97 Appeal 98 Re-instatement or payment instead 98 Address for service 99 Section Page vi Division 11 Disciplinary Appeals Boards 99 Senior chairperson 99 Establishment of Disciplinary Appeals Boards 99 Membership of Boards 100 Terms and conditions of appointment of members 100 Resignation and removal from office 101 Allocation of work 101 Oath of office 101 Member unable to perform duties 101 Decisions of Board 102 Conduct of proceedings 102 Division 12

9 General 102 Medical examination 102 Immunity 103 Publication requirements 103 PART VICTORIAN CURRICULUM AND ASSESSMENT AUTHORITY 104 Division 1 Preliminary 104 Definitions 104 Division 2 Victorian Curriculum and Assessment Authority 105 Establishment of Authority 105 Functions of Authority 106 Cancellation or alteration of statements 109 Powers of Authority 110 Membership of Authority 111 Establishment of committees 112 Schedule 2 113 Delegation of Authority's power 113 Victorian Curriculum and Assessment Authority Fund 114 Division 3 Assessments and Assessment Reviews 114 Special provision in assessments 114 Authority may investigate certain matters 116 Decision to proceed to hearing 117 Assessment may be withheld pending decision 117 Notice of hearing 118 Procedure of review committee 118 Cross-examination of witnesses 119 Legal representation 119 Decision of review committee 119 Notification of decision 120 Student may appeal against school decisions etc.

10 121 Section Page vii Review by appeals committee 123 Appointment of appeals committee 124 Notification of alteration of record of student assessment 125 PART VICTORIAN INSTITUTE OF TEACHING 126 Division 1 Preliminary 126 Definitions 126 Division 2 Victorian Institute of Teaching 127 Continuation of existing Institute 127 Functions of Institute 127 Powers of Institute 129 Ministerial advice 130 Membership of the Council 130 Division 3 Registration of Teachers 134 Application for registration 134 Qualification for registration as a teacher 135 Registration 135 Provisional registration 137 Non-practising registration 138 Interim registration 138 Division 4 Permission to teach 139 Application for permission to teach 139 Permission to teach 139 Division 5 General Provisions 140 Entitlement of applicant to make submissions 140 Notification of outcome of application 140 Duration and renewal of registration 141 Application for renewal of registration 142 Refusal to renew registration 143 Registration obtained by fraud 143 Annual fees 144 Division 6 Criminal Record Checks 144 Criminal record checks 144 Employer to disclose whether criminal record check conducted