Education and Training Reform Amendment (Teacher Registration and Other Matters) Act 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Education and Training Reform Amendment (Teacher Registration and Other Matters) Act 2013 No. 14 of 2013 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 2 3 Definitions 3 4 New section 2.4.47 inserted 4 2.4.47 Acting senior chairperson 4 5 Appeal to Merit Protection Board 5 6 Senior chairperson 5 7 Functions of Authority 5 8 Part 2.6 definitions 5 9 Application for registration 6 10 Application for permission to teach 6 11 New section 2.6.21A inserted 7 2.6.21A Change in correspondence address 7 12 Pool of approved persons who may sit on hearing panels 7 13 New section 2.6.41EA inserted 7 2.6.41EA Findings on referral by formal panel 7 14 Conduct of a formal hearing 8 15 New section 2.6.45A inserted 8 2.6.45A Panel may adjourn hearing 8 16 Findings and determinations of a formal hearing 8 17 Disallowance of notices 9 18 Orders to be tabled in Parliament 9 19 Ministerial Orders—disallowance 9 20 Statute law revision amendments 10 21 Repeal of amending Act 10 ═══════════════ ENDNOTES 11 -- 1 of 12 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Education and Training Reform Amendment (Teacher Registration and Other Matters) Act 2013 † No. 14 of 2013 [Assented to 26 March 2013] The Parliament of Victoria enacts: 1 Purpose The main purpose of this Act is to amend the Education and Training Reform Act 2006— (a) to amend the definition of sexual offence to include certain offences under the Criminal Code of the Commonwealth; and (b) to provide for an acting senior chairperson of the Merit Protection Boards; and Victoria -- 2 of 12 -- Education and Training Reform Amendment (Teacher Registration and Other Matters) Act 2013 No. 14 of 2013 2 Authorised by the Chief Parliamentary Counsel (c) to provide for further functions of the Victorian Curriculum and Assessment Authority; and (d) to provide for further requirements relating to applications for registration of a teacher; and (e) to provide that the panel of a formal hearing into the conduct of a teacher may refer a matter to a medical panel hearing in certain circumstances; and (f) to make miscellaneous amendments to provisions dealing with hearing panels; and (g) to make other miscellaneous amendments to that Act. 2 Commencement (1) Section 1 and this section come into operation on the day after the day on which this Act receives the Royal Assent. (2) Section 20(1) 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 1 February 2014, it comes into operation on that day. s. 2 -- 3 of 12 -- Education and Training Reform Amendment (Teacher Registration and Other Matters) Act 2013 No. 14 of 2013 3 Authorised by the Chief Parliamentary Counsel 3 Definitions In section 1.1.3(1) of the Education and Training Reform Act 2006 in the definition of sexual offence— (a) in paragraph (a) omit "60,"; (b) after paragraph (d) insert— "(da) an offence against any of the following sections of the Criminal Code of the Commonwealth— (i) section 271.4 (trafficking in children) or section 271.7 (domestic trafficking in children) in circumstances where the purpose of the exploitation is to provide sexual services within the meaning of that section; (ii) section 474.19(1) (using a carriage service for child pornography material); (iii) section 474.20(1) (possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service); (iv) section 474.22(1) (using a carriage service for child abuse material); (v) section 474.23(1) (possessing, controlling, producing, supplying or obtaining child abuse material through a carriage service); (vi) section 474.26 (using a carriage service to procure persons under 16 years of age); s. 3 See: Act No. 24/2006. Reprint No. 3 as at 2 April 2012 and amending Act Nos 71/2010, 76/2011, 20/2012, 27/2012, 39/2012, 43/2012 and 73/2012. LawToday: www. legislation. vic.gov.au -- 4 of 12 -- Education and Training Reform Amendment (Teacher Registration and Other Matters) Act 2013 No. 14 of 2013 4 Authorised by the Chief Parliamentary Counsel (vii) section 474.27 (using a carriage service to "groom" persons under 16 years of age); or"; (c) in paragraph (e), for "(c) or (d)" substitute "(c), (d) or (da)"; (d) in paragraph (f), after "(d)" insert ", (da)". 4 New section 2.4.47 inserted After section 2.4.46 of the Education and Training Reform Act 2006 insert— "2.4.47 Acting senior chairperson (1) The Minister may appoint a member of the pool appointed under section 2.4.45A to act in the place of the senior chairperson appointed under section 2.4.45A(2) who is absent or for any other reason is unable to perform the duties of office. (2) Subject to this section, a person appointed under subsection (1)— (a) has all the powers and may perform all the functions and duties of the senior chairperson; and (b) is entitled to the remuneration and allowances (if any) to which the senior chairperson would have been entitled for performing those duties; and (c) is subject to the same terms and conditions of appointment as the senior chairperson. (3) A person appointed under subsection (1) may not sit as a member of a Merit Protection Board in place of the senior chairperson at a hearing of a review or an appeal which had commenced but had not s. 4 -- 5 of 12 -- Education and Training Reform Amendment (Teacher Registration and Other Matters) Act 2013 No. 14 of 2013 5 Authorised by the Chief Parliamentary Counsel concluded before the absence or inability of the senior chairperson commenced.". 5 Appeal to Merit Protection Board In section 2.4.57(2) of the Education and Training Reform Act 2006, after "Boards" insert "appointed under section 2.4.45A(2)". 6 Senior chairperson In section 2.4.71 of the Education and Training Reform Act 2006, in the definition of senior chairperson after "Boards" insert "appointed under section 2.4.45A(2)". 7 Functions of Authority After section 2.5.3(2)(ta) of the Education and Training Reform Act 2006 insert— "(tab) receive information about, and investigate or coordinate the investigation of, alleged breaches of national protocols or guidelines published from time to time pursuant to an Act of the Commonwealth for the conduct of assessments against national standards for measuring and reporting on student performance; (tac) report on the outcome of investigations referred to in paragraph (tab) to a person or body approved by the Minister;". 8 Part 2.6 definitions In section 2.6.1 of the Education and Training Reform Act 2006, in paragraph (b) of the definition of teacher, after "any school" insert ", whether the school was within or outside of Australia,". s. 5 -- 6 of 12 -- Education and Training Reform Amendment (Teacher Registration and Other Matters) Act 2013 No. 14 of 2013 6 Authorised by the Chief Parliamentary Counsel 9 Application for registration (1) After section 2.6.7(2A) of the Education and Training Reform Act 2006 insert— "(2B) The application must include an address for the applicant to be used by the Institute in corresponding with the applicant.". (2) For section 2.6.7(4)(ab) of the Education and Training Reform Act 2006 substitute— "(ab) provide information about— (i) any current or previous right to teach or to be employed as a teacher in another jurisdiction; or (ii) any refusal, including the cancellation, of the right to teach or to be employed as a teacher in another jurisdiction and the reasons, including those given by the body responsible in that jurisdiction for any such refusal or cancellation, for the refusal or cancellation; (ac) provide information about any previous refusal to register the applicant, or any cancellation of the applicant's registration, to carry out a profession in Victoria or in another jurisdiction and the reasons, including those given by the body responsible in that jurisdiction for any such refusal or cancellation, for the refusal or cancellation;". 10 Application for permission to teach After section 2.6.13(2A) of the Education and Training Reform Act 2006 insert— "(2AB) The application must include an address for the applicant to be used by the Institute in corresponding with the applicant.". s. 9 -- 7 of 12 -- Education and Training Reform Amendment (Teacher Registration and Other Matters) Act 2013 No. 14 of 2013 7 Authorised by the Chief Parliamentary Counsel 11 New section 2.6.21A inserted After section 2.6.21 of the Education and Training Reform Act 2006 insert— "2.6.21A Change in correspondence address A registered teacher must notify the Institute in writing within 30 days of any change in the address provided by the teacher to be used by the Institute in corresponding with the teacher.". 12 Pool of approved persons who may sit on hearing panels Section 2.6.35F(2) of the Education and Training Reform Act 2006 is repealed. 13 New section 2.6.41EA inserted After section 2.6.41E of the Education and Training Reform Act 2006 insert— "2.6.41EA Findings on referral by formal panel (1) This section applies if a matter has been referred to a medical panel hearing by a formal hearing panel under section 2.6.45A. (2) Despite sections 2.6.41D and 2.6.41E, the medical panel may make a finding but not a determination in relation to the matter under section 2.6.41E. (3) The medical panel must notify the formal hearing panel of any finding in relation to the matter made under section 2.6.41E(1).". s. 11 -- 8 of 12 -- Education and Training Reform Amendment (Teacher Registration and Other Matters) Act 2013 No. 14 of 2013 8 Authorised by the Chief Parliamentary Counsel 14 Conduct of a formal hearing For section 2.6.45(e) of the Education and Training Reform Act 2006 substitute— "(e) the panel may determine that any information that might enable any witness giving evidence in the proceedings to be identified is not to be published or broadcast; and". 15 New section 2.6.45A inserted After section 2.6.45 of the Education and Training Reform Act 2006 insert— "2.6.45A Panel may adjourn hearing If, before the end of a formal hearing the panel is of the opinion that the teacher's ability to practise as a teacher is seriously detrimentally affected or likely to be seriously detrimentally affected because of an impairment, the panel may adjourn the hearing and refer the matter to a medical panel hearing to make findings about the teacher's ability to practise as a teacher.". 16 Findings and determinations of a formal hearing (1) In section 2.6.46(2) of the Education and Training Reform Act 2006, for "an inquiry" substitute "a formal hearing". (2) After section 2.6.46(2) of the Education and Training Reform Act 2006 insert— "(3) In making a determination under subsection (2), the panel may take into consideration any finding of a medical panel to which the matter was referred under section 2.6.45A.". s. 14 -- 9 of 12 -- Education and Training Reform Amendment (Teacher Registration and Other Matters) Act 2013 No. 14 of 2013 9 Authorised by the Chief Parliamentary Counsel 17 Disallowance of notices For section 4.3.32(3) of the Education and Training Reform Act 2006 substitute— "(3) Parts 3A and 5A of the Subordinate Legislation Act 1994 apply to a notice under section 4.3.30 or 4.3.31 as if the notice were a legislative instrument within the meaning of that Act laid before each House of the Parliament under section 16B of that Act.". 18 Orders to be tabled in Parliament (1) In section 5.7A.8(1) of the Education and Training Reform Act 2006, after "Parliament" insert "on or before the 6th sitting day after the publication of the Order in the Government Gazette". (2) For section 5.7A.8(2) of the Education and Training Reform Act 2006 substitute— "(2) Section 16B of the Subordinate Legislation Act 1994 applies to an Order under this Division as if the Order were a legislative instrument within the meaning of that Act published in the Government Gazette in accordance with section 16A of that Act.". 19 Ministerial Orders—disallowance For section 5.10.6(3) of the Education and Training Reform Act 2006 substitute— "(3) Parts 3A and 5A of the Subordinate Legislation Act 1994 apply to an Order made under this section as if the Order were a legislative instrument within the meaning of that Act laid before each House of the Parliament under section 16B of that Act.". s. 17 -- 10 of 12 -- Education and Training Reform Amendment (Teacher Registration and Other Matters) Act 2013 No. 14 of 2013 10 Authorised by the Chief Parliamentary Counsel 20 Statute law revision amendments (1) In section 2.6.14(1)(a) of the Education and Training Reform Act 2006, for "section 2.6.8(b)" substitute "section 2.6.8(a)(ii)". (2) In sections 2.6.40(1A)(a), 2.6.41(c) and 2.6.46(2)(hc) of the Education and Training Reform Act 2006, for "teach" substitute "practise as a teacher". (3) In section 2.6.41E(4) of the Education and Training Reform Act 2006, for "health panel" substitute "medical panel". (4) In section 2.6.48(a) of the Education and Training Reform Act 2006, before "a hearing" insert "the procedure of". (5) In section 3.3.34(2) of the Education and Training Reform Act 2006, after "may" omit "a". 21 Repeal of amending Act This Act is repealed on 1 February 2015. 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). ═══════════════ s. 20 -- 11 of 12 -- Education and Training Reform Amendment (Teacher Registration and Other Matters) Act 2013 No. 14 of 2013 11 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 7 February 2013 Legislative Council: 7 March 2013 The long title for the Bill for this Act was "A Bill for an Act to amend the Education and Training Reform Act 2006 and for other purposes." Endnotes -- 12 of 12 --