Education and Training Reform Amendment (Victorian Institute of Teaching) Act 2016
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Education and Training Reform Amendment
(Victorian Institute of Teaching) Act 2016
No. 9 of 2016
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purpose 1
2 Commencement 2
3 Principal Act 2
Part 2—Interim suspension of registration of registered teachers 3
4 Effect of suspension on registration 3
5 New Division 8A inserted 3
6 Powers of inquiry 8
7 Change of informal hearing to formal or medical panel hearing
during course of hearing 9
8 Notice of cancellations and determinations of panel 10
9 Removal of particulars contained in Register of Disciplinary
Action 11
10 New Division 13B inserted 11
11 Delegation 11
12 Statute law revision 12
13 Consequential amendment of the Working with Children
Act 2005 12
Part 3—Membership of the Council of the Victorian Institute of
Teaching 13
14 Definitions 13
15 Council of the Victorian Institute of Teaching 13
16 New sections 2.6.6AB, 2.6.6AC, 2.6.6AD and 2.6.6AE inserted 14
17 New section 6.1.41 inserted 16
Part 4—Repeal of amending Act 18
18 Repeal of amending Act 18
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Endnotes 19
1 General information 19
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Education and Training Reform
Amendment (Victorian Institute of
Teaching) Act 2016†
No. 9 of 2016
[Assented to 15 March 2016]
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purpose
The main purpose of this Act is to amend the
Education and Training Reform Act 2006—
(a) to provide power for the Victorian Institute
of Teaching to suspend the registration of a
registered teacher if there is an unacceptable
risk of harm to children; and
Victoria
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Part 1—Preliminary
Education and Training Reform Amendment (Victorian Institute of
Teaching) Act 2016
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(b) to change the membership requirements of
the Council of the Victorian Institute of
Teaching.
2 Commencement
(1) This Act (except Part 3) comes into operation on
the day after the day on which it receives the
Royal Assent.
(2) Subject to subsection (3), Part 3 comes into
operation on a day to be proclaimed.
(3) If Part 3 does not come into operation before
1 December 2016, it comes into operation on that
day.
3 Principal Act
In this Act, the Education and Training Reform
Act 2006 is called the Principal Act.
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Part 2—Interim suspension of registration of registered teachers
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Teaching) Act 2016
No. 9 of 2016
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Authorised by the Chief Parliamentary Counsel
Part 2—Interim suspension of registration of
registered teachers
4 Effect of suspension on registration
Section 2.6.28 of the Principal Act is repealed.
5 New Division 8A inserted
After Division 8 of Part 2.6 of the Principal Act
insert—
"Division 8A—Interim suspension of
registration
2.6.28 Institute may suspend registration where
unacceptable risk of harm to children
(1) The Institute may suspend any or all
registrations held by a person under this Part
if the Institute reasonably believes that—
(a) the person poses an unacceptable risk
of harm to children; and
(b) the suspension is necessary to protect
children.
(2) A suspension under this Division takes effect
on the day the person is served with a written
notice under section 2.6.28A or, if any later
day is specified in the notice, on that day.
2.6.28A Notice of interim suspension of
registration
If the Institute decides to suspend a person's
registration under this Division it must serve
a written notice on the person containing the
following—
(a) that the person's registration is
suspended;
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Part 2—Interim suspension of registration of registered teachers
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(b) the date on which the suspension takes
effect (which must be no earlier that the
date that the notice is served);
(c) the reasons for the suspension and the
information on which the Institute has
based its decision;
(d) the date on which the Institute will
review the basis of the suspension;
(e) that the Institute must under
section 2.6.28E review the basis
for the suspension at least every
30 days after the date of the first
review;
(f) that the person may make written
submissions to the Institute at any
time regarding the continuation of the
suspension.
2.6.28B Institute must notify employer of person
subject to interim suspension
(1) The Institute must serve a written notice on
any person employing the person subject to a
suspension under this Division as a teacher
or an early childhood teacher containing the
following—
(a) that the employed person's registration
is suspended;
(b) the date on which the suspension takes
effect.
(2) A notice under subsection (1) must be served
on the same day a notice is served on the
employed person under section 2.6.28A or, if
it is not reasonably possible to do so, as soon
as practicable after that day.
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Part 2—Interim suspension of registration of registered teachers
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(3) The validity of a suspension under this
Division is not affected by any failure to
serve a notice under subsection (1).
2.6.28C Cessation of interim suspension of
registration
A suspension under this Division remains in
force until the earliest of the following
occurs—
(a) the Institute revokes the suspension
under section 2.6.28G;
(b) the person ceases to be registered as a
teacher or an early childhood teacher
under section 2.6.29(1);
(c) the person ceases to have permission to
teach under section 2.6.29(2);
(d) the person's registration is cancelled
under section 2.6.29C or under an
agreement in accordance with
section 2.6.34(1)(d);
(e) a medical panel makes a determination
under section 2.6.41E(2) or (4) in
relation to the matter which is the basis
for the Institute's decision to suspend
the person's registration;
(f) a formal hearing panel finds under
section 2.6.46(1) that the person has not
engaged in misconduct or serious
misconduct, has not been seriously
incompetent and is fit to teach;
(g) a formal hearing panel makes a
determination under section
2.6.46(2)(h), (ha), (hb), (i), (j) or (k) in
relation to the matter which is the basis
for the Institute's decision to suspend
the person's registration.
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Part 2—Interim suspension of registration of registered teachers
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2.6.28D Person subject to interim suspension may
make submissions to Institute
A person whose registration is suspended
under this Division may make written
submissions to the Institute at any time
regarding the continuation of the suspension.
2.6.28E Periodic review of interim suspension
(1) The Institute must review the basis for the
suspension of a person's registration under
this Division within 30 days after the
suspension takes effect and within 30 days
after that review and every successive review
in order to determine whether or not to
continue that suspension.
(2) The Institute must take into account any
submission provided under section 2.6.28D
in determining whether or not to continue the
suspension.
(3) The Institute may take into account any
matter it considers to be relevant in
determining whether or not to continue the
suspension.
(4) The Institute may determine to continue the
suspension if it reasonably believes that—
(a) the person continues to pose an
unacceptable risk of harm to children;
and
(b) the suspension is necessary to protect
children.
2.6.28F Notice of determination to continue
interim suspension
If the Institute determines to continue the
suspension of the person's registration it
must serve a written notice on the person
containing the following—
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(a) that the person's registration continues
to be suspended;
(b) the reasons for continuing the
suspension and the information on
which the Institute based its decision;
(c) the date on which the Institute will next
review the suspension;
(d) that the person may make written
submissions to the Institute at any
time regarding the continuation of the
suspension.
2.6.28G Revocation of interim suspension
(1) The Institute must revoke the suspension of a
person's registration under this Division if
the Institute no longer reasonably believes
that—
(a) the person poses an unacceptable risk
of harm to children; and
(b) the suspension is necessary to protect
children.
(2) The revocation of the suspension of a
person's registration under this section does
not affect an inquiry conducted under this
Part that has commenced in relation to the
person.
2.6.28H Notice of revocation of interim suspension
If the Institute revokes the suspension of a
person's registration under this Division it
must notify the person, and any person
employing the person as a teacher or early
childhood teacher at the time the suspension
was imposed, in writing as soon as possible
after the suspension is revoked—
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Part 2—Interim suspension of registration of registered teachers
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(a) that the suspension is revoked; and
(b) the date on which the revocation takes
effect.".
6 Powers of inquiry
(1) After section 2.6.30(1) of the Principal Act
insert—
"(1A) Subject to subsection (1C), the Institute must
in accordance with this Part inquire into
whether a registered teacher, whose
registration has been suspended under
Division 8A—
(a) has engaged in misconduct or serious
misconduct; or
(b) is unfit to be a registered teacher; or
(c) has such an impairment that the
person's ability to practise as a
registered teacher is seriously
detrimentally affected or is likely to
be seriously detrimentally affected.
(1B) The Institute must commence an inquiry
into a matter referred to in subsection (1A)
as soon as practicable after the Institute
decides to suspend the registration under
Division 8A.
(1C) Subsection (1A) does not apply if the
Institute is already conducting an inquiry
into the matter which is the basis for the
Institute's decision to suspend the
registration of the registered teacher.".
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Part 2—Interim suspension of registration of registered teachers
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(2) For section 2.6.30(2) of the Principal Act
substitute—
"(2) The Institute must in writing notify—
(a) the registered teacher; and
(b) the employer of the registered teacher;
and
(c) the person who made the complaint, if
applicable—
of its determination under subsection (1) to
inquire or not to inquire, or of an inquiry
under subsection (1A), into the registered
teacher's—
(d) competence; or
(e) fitness to teach; or
(f) conduct; or
(g) ability to practise as a registered
teacher.
(2A) Despite subsection (2), the Institute is not
required to give notice if it reasonably
believes that doing so may—
(a) seriously prejudice the inquiry; or
(b) place at risk a person's health or safety;
or
(c) place a person at risk of harassment or
intimidation.".
7 Change of informal hearing to formal or medical
panel hearing during course of hearing
In section 2.6.41 of the Principal Act—
(a) in paragraph (c), for "impairment—"
substitute "impairment; or";
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(b) after paragraph (c) insert—
"(d) the Institute suspends the registration
of the registered teacher under
Division 8A—".
8 Notice of cancellations and determinations of panel
(1) In section 2.6.50(1) of the Principal Act, after
"teacher" insert "in writing".
(2) In section 2.6.50(2) of the Principal Act, after
"Part" insert "in writing".
(3) After section 2.6.50(2) of the Principal Act
insert—
"(3) If a finding or a determination of a hearing
panel or a suspension, cancellation or
cessation of a person's registration under this
Part has the effect of ending the suspension
of registration of a person under
Division 8A, the Institute must notify the
person, and any person employing the person
as a teacher or early childhood teacher at the
time the suspension was imposed, in
writing—
(a) that the suspension has ceased to be in
force; and
(b) the date on which the suspension
ceased to be in force; and
(c) the reason that the suspension has
ceased to be in force.".
(4) At the foot of section 2.6.50 of the Principal Act
insert the following note—
"Note
For the purposes of subsection (3), section 2.6.28C sets out
the circumstances in which a suspension of registration of a
person under Division 8A ends.".
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9 Removal of particulars contained in Register of
Disciplinary Action
After section 2.6.54H(e) of the Principal Act
insert—
"(ea) in the case of a suspension of registration
under Division 8A, when the suspension is
no longer in force;".
10 New Division 13B inserted
After Division 13A of Part 2.6 of the Principal
Act insert—
"Division 13B—Suspension of
registration under this Part
2.6.54K Effect of suspension of registration
(1) For the purposes of this Act, a teacher or an
early childhood teacher whose registration is
suspended is deemed not to be registered for
the period of that suspension.
(2) Despite subsection (1), the Institute may
conduct or continue to conduct an inquiry
into the conduct or activities of a person
whose registration has been suspended under
this Part as if the person were a registered
teacher.".
11 Delegation
(1) After section 2.6.67(1)(fa) of the Principal Act
insert—
"(fb) the power to suspend registration, continue
to suspend registration or revoke the
suspension of registration under
Division 8A; or".
(2) In section 2.6.67(2) of the Principal Act—
(a) in paragraph (b), for "teach." substitute
"teach; and";
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(b) after paragraph (b) insert—
"(c) to suspend registration, continue to
suspend registration or revoke the
suspension of registration under
Division 8A.".
12 Statute law revision
In section 2.6.54C(2)(d) of the Principal Act, for
"2.6.22A(5)" substitute "2.6.22A(4)".
13 Consequential amendment of the Working with
Children Act 2005
(1) In the note at the foot of section 30(1) of the
Working with Children Act 2005, for
"section 2.6.28" substitute "section 2.6.54K".
(2) For Note 1 at the foot of section 30(2) of the
Working with Children Act 2005 substitute—
"1 The Victorian Institute of Teaching must notify a
teacher's employer of the suspension or cancellation of
the teacher's registration: see sections 2.6.27(7),
2.6.28B and 2.6.51 of the Education and Training
Reform Act 2006.".
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Part 3—Membership of the Council of the Victorian Institute of Teaching
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Part 3—Membership of the Council of the
Victorian Institute of Teaching
14 Definitions
In section 2.6.1 of the Principal Act insert the
following definitions—
"Australian Education Union means the
Australian Education Union Victorian
Branch (ABN 44 673 398 674) or any
successor in law;
Independent Education Union means the
Independent Education Union of Australia,
Victoria Tasmania Branch trading as the
Victorian Independent Education Union
(ABN 34 532 902 687) or any successor in
law;
nominating organisation means an organisation
that may make nominations under section
2.6.6AB(1);".
15 Council of the Victorian Institute of Teaching
(1) In section 2.6.6(3) of the Principal Act—
(a) for "12" substitute "14";
(b) in paragraph (a), for "11" substitute "13".
(2) For section 2.6.6(4) of the Principal Act
substitute—
"(4) Of the members appointed under
subsection (3)(a) on the recommendation
of the Minister—
(a) subject to section 2.6.6AD, 5 must be
registered teachers (of whom at least
one must be an early childhood teacher)
nominated by a nominating
organisation referred to in
section 2.6.6AB(1)(a); and
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(b) subject to section 2.6.6AD, 2 must be
registered teachers nominated by a
nominating organisation referred to in
section 2.6.6AB(1)(b); and
(c) the majority must be registered
teachers.".
16 New sections 2.6.6AB, 2.6.6AC, 2.6.6AD and
2.6.6AE inserted
After section 2.6.6A of the Principal Act insert—
"2.6.6AB Nominations for recommendation for
appointment of members to the Council
(1) For the purposes of recommending persons
for appointment to the Council to satisfy the
requirements in section 2.6.6(4)(a) and (b),
the Minister must call for nominations of
registered teachers by—
(a) the Australian Education Union or, if
the Australian Education Union ceases
to exist, an organisation designated
by a Ministerial Order under
section 2.6.6AE(1)(a); and
(b) the Independent Education Union or,
if the Independent Education Union
ceases to exist, an organisation
designated by a Ministerial Order
under section 2.6.6AE(1)(b).
(2) The nominating organisation may nominate
any number of registered teachers for
recommendation for appointment to the
Council in accordance with subsection (3).
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(3) A nomination referred to in this section must
be given to the Minister—
(a) in the manner specified by the Minister;
and
(b) on or before the date specified by the
Minister.
2.6.6AC Minister may decline nominations
The Minister may decline to recommend to
the Governor in Council for appointment to
the Council a person nominated under
section 2.6.6AB if—
(a) the nominee is not a registered teacher;
or
(b) the appointment of the nominee
would result in the requirement in
section 2.6.6(4)(a) to appoint an early
childhood teacher to the Council not
being satisfied; or
(c) in the Minister's opinion the nominee
does not possess the skills, experience
or qualifications referred to in
section 2.6.6A(a); or
(d) the appointment of the nominee
would result in the requirement in
section 2.6.6A(b) not being satisfied.
2.6.6AD Insufficient eligible nominations
If there is not a sufficient number of eligible
nominations provided to the Minister to fill a
vacancy in the office of a member of the
Council appointed to satisfy the requirements
in section 2.6.6(4)(a) or (b), the Minister
may recommend any other suitable person in
accordance with sections 2.6.6A and 2.6.6B
to fill that vacancy.
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2.6.6AE Minister may designate nominating
organisation in certain circumstances
(1) The Minister may, by Order, designate an
organisation representing the professional
and industrial interests of teachers and early
childhood teachers to be the nominating
organisation—
(a) for the purposes of section
2.6.6AB(1)(a) if the Australian
Education Union ceases to exist; or
(b) for the purposes of section
2.6.6AB(1)(b) if the Independent
Education Union ceases to exist.
(2) An Order referred to in subsection (1) must
be published in the Government Gazette as
soon as practicable after the Order is made.".
17 New section 6.1.41 inserted
After section 6.1.40 of the Principal Act insert—
"6.1.41 Transitional and savings provisions—
Education and Training Reform
Amendment (Victorian Institute of
Teaching) Act 2016
(1) On and from the commencement day the
Council is taken to be the same body as it
was before that commencement despite the
changes made to its constitution by Part 3 of
the amending Act and no decision, matter or
thing is affected by those changes.
(2) On the commencement day the members
of the Council appointed under
section 2.6.6(3)(a) in office immediately
before that day go out of office.
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(3) In this section—
amending Act means the Education and
Training Reform Amendment
(Victorian Institute of Teaching)
Act 2016;
commencement day means the day on which
Part 3 of the amending Act comes into
operation.".
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Part 4—Repeal of amending Act
Education and Training Reform Amendment (Victorian Institute of
Teaching) Act 2016
No. 9 of 2016
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Part 4—Repeal of amending Act
18 Repeal of amending Act
This Act is repealed on 1 December 2017.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Endnotes
Education and Training Reform Amendment (Victorian Institute of
Teaching) Act 2016
No. 9 of 2016
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
† Minister's second reading speech—
Legislative Assembly: 25 November 2015
Legislative Council: 11 February 2016
The long title for the Bill for this Act was "A Bill for an Act to amend the
Education and Training Reform Act 2006 to provide power for the
Victorian Institute of Teaching to suspend the registration of a registered
teacher if there is an unacceptable risk of harm to children, to change the
membership requirements of the Council of the Victorian Institute of
Teaching and for other purposes."
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