Education and Training Reform Amendment Act 2010

i Education and Training Reform Amendment Act 2010 No. 27 of 2010 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 2 3 Principal Act 3 PART 2—AMENDMENTS TO EDUCATION AND TRAINING REFORM ACT 2006 4 4 Purpose of Act 4 5 Merit Protection Boards 4 6 Sections 2.4.45 and 2.4.46 substituted 4 2.4.45 Membership of Boards 4 2.4.45A Pool of appointed persons 5 2.4.45B Terms and conditions of appointment of pool members 5 2.4.46 Resignation and removal from office of pool members 6 7 Repeal of section 2.4.47 6 8 Allocation of work amongst the Boards 6 9 New section 2.4.49A inserted 6 2.4.49A Member unable to perform duties 6 10 Establishment of Disciplinary Appeals Board 7 11 New definition in Part 2.6 7 12 Functions of Institute 8 13 Substitution of section 2.6.6 8 2.6.6 Council of the Victorian Institute of Teaching 8 2.6.6A Appointed members 9 2.6.6B Elected members 10 2.6.6C Governor to appoint Deputy Chairperson 11 14 Application for registration 11 15 Qualification for registration as a teacher 11 16 Registration 11 17 Provisional registration 12 18 Non-practising registration 12 19 Application for permission to teach 12 -- 1 of 48 -- Section Page ii 20 Permission to teach 13 21 Entitlement of applicant to make submissions 13 22 Notification of outcome of application 13 23 Duration and renewal of registration 14 24 Application for renewal of registration 14 25 Refusal to renew registration 14 26 New Division 9A inserted in Part 2.6 15 Division 9A—Voluntary suspension or cancellation of registration 15 2.6.29A Request for conditions on or suspension of registration 15 2.6.29B Agreements to amend, vary or revoke conditions or revoke suspensions 16 2.6.29C Cancellation by agreement 16 27 Powers of inquiry 16 28 Employer to notify Institute of action against teacher 17 29 When matters are to be investigated 17 30 New sections 2.6.33A, 2.6.33B, 2.6.33C and 2.6.33D inserted 18 2.6.33A Investigations without complaint or notification 18 2.6.33B Institute to notify the teacher of an investigation 18 2.6.33C Powers of investigator 19 2.6.33D Investigation to be conducted expeditiously 20 31 Outcome of investigation 21 32 New Division 11A inserted into Part 2.6 22 Division 11A—Health assessments 22 2.6.35A Definitions 22 2.6.35B Health assessments 22 2.6.35C Report of health assessment 23 2.6.35D Refusal to attend or cooperate 24 2.6.35E Health assessments required by a medical panel 24 33 Division 12 of Part 2.6 heading substituted 25 34 New Subdivision 1 of Division 12 of Part 2.6 inserted and heading to Subdivision 2 inserted 25 Subdivision 1—Pool of persons to sit on hearing panels 25 2.6.35F Pool of approved persons who may sit on hearing panels 25 35 Establishment and notification of an informal hearing 26 36 Section 2.6.37 substituted 26 2.6.37 Constitution of informal hearing panel 26 37 Notice of an informal hearing 27 38 Conduct of an informal hearing 27 39 Findings and determinations of an informal hearing 27 -- 2 of 48 -- Section Page iii 40 Section 2.6.41 substituted 28 2.6.41 Change of informal hearing to formal or medical panel hearing during course of hearing 28 41 New Subdivision 3 of Division 12 of Part 2.6 inserted 29 Subdivision 3—Medical panel hearings 29 2.6.41A Appointment and notification of medical panel hearing 29 2.6.41B Constitution of medical hearing panel 30 2.6.41C Notice of medical panel hearing 30 2.6.41D Conduct of a medical panel hearing 31 2.6.41E Findings and determinations of medical panel hearing 31 2.6.41F Referral to a health assessment 32 2.6.41G Referral to formal hearing 33 42 New Subdivision heading inserted in Division 12 of Part 2.6 33 43 Establishment and notification of formal hearing 33 44 Constitution of a hearing panel for a formal hearing 34 45 Conduct of a formal hearing 34 46 Findings and determinations of a formal hearing 34 47 Procedure at hearings of hearing panels 35 48 Determinations 36 49 Notice of cancellations and determinations of informal hearing panel 36 50 Notifications 36 51 Offence to disclose information identifying complainant, witness or teacher 36 52 Review by VCAT 36 53 Delegation 37 54 Repeal of section 2.6.69 37 55 Terms of Office 37 56 Procedure of committee, panel or body 38 57 Immunity 38 58 Interpretation 38 59 Terms of registration 38 60 New sections 6.1.12, 6.1.13 and 6.1.14 inserted 40 6.1.12 Transitional provisions—Education and Training Reform Amendment Act 2010 40 6.1.13 Transitional provisions—Education and Training Reform Amendment Act 2010 40 6.1.14 Transitional provisions—Education and Training Reform Amendment Act 2010 40 61 New section 6.1.15 inserted 41 6.1.15 Transitional provision—Education and Training Reform Amendment Act 2010 41 -- 3 of 48 -- Section Page iv 62 Substitution of Schedule 1 42 SCHEDULE 1—Learning Areas Subject to Free Instruction 42 PART 3—REPEAL OF AMENDING ACT 43 63 Repeal of amending Act 43 ═══════════════ ENDNOTES 44 -- 4 of 48 -- 1 Education and Training Reform Amendment Act 2010 † No. 27 of 2010 [Assented to 8 June 2010] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purpose The purpose of this Act is to amend the Education and Training Reform Act 2006— (a) to make changes relating to the investigation of registered teachers including the requirement to have a health assessment and the widening of the grounds on which teachers may be investigated; and Victoria -- 5 of 48 -- Part 1—Preliminary Education and Training Reform Amendment Act 2010 No. 27 of 2010 2 (b) to provide for the widening of informal panel hearing powers and the appointment of a medical panel to deal with complaints against registered teachers; and (c) to widen the sanctions available to hearing panels; and (d) to provide for the annual registration of teachers who are registered under section 2.6.9 of that Act; and (e) to alter the constitution of Merit Protection Boards and the Council of the Victorian Institute of Teaching; and (f) to provide for registered schools to have ongoing registration with respect to accredited senior secondary courses; and (g) to make consequential and miscellaneous amendments to that Act. 2 Commencement (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. s. 2 -- 6 of 48 -- Part 1—Preliminary Education and Training Reform Amendment Act 2010 No. 27 of 2010 3 3 Principal Act In this Act, the Education and Training Reform Act 2006 is called the Principal Act. __________________ s. 3 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 and 69/2009. LawToday: www. legislation. vic.gov.au -- 7 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 4 PART 2—AMENDMENTS TO EDUCATION AND TRAINING REFORM ACT 2006 4 Purpose of Act For section 1.1.1(2)(f) of the Principal Act substitute— "(f) the recognition and regulation of the teaching profession and the maintenance of standards of professional practice for that profession;". 5 Merit Protection Boards In section 2.4.44(2)(b) of the Principal Act, after "Division" insert "9A and". 6 Sections 2.4.45 and 2.4.46 substituted For sections 2.4.45 and 2.4.46 of the Principal Act substitute— "2.4.45 Membership of Boards (1) A Merit Protection Board consists of 3 members of whom— (a) one is to be the chairperson who is to be selected by the senior chairperson from the pool of persons referred to in section 2.4.45A(1)(a); and (b) one is to be selected by the senior chairperson from the pool of persons referred to in section 2.4.45A(1)(b); and (c) one is to be selected by the senior chairperson from the pool of persons referred to in section 2.4.45A(1)(c). (2) In this section, senior chairperson means the person appointed under section 2.4.45A(2). s. 4 -- 8 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 5 2.4.45A Pool of appointed persons (1) The Governor in Council may appoint to a pool— (a) persons who have been nominated by the Minister to be chairpersons of Merit Protection Boards; and (b) persons who have been nominated by the Secretary; and (c) persons who are employees in the teaching service who have been nominated by the Minister after calling for expressions of interest from all employees in the teaching service. (2) The Governor in Council must appoint a person referred to in subsection (1)(a) to be the senior chairperson of the Merit Protection Boards. 2.4.45B Terms and conditions of appointment of pool members (1) A member of the pool appointed under section 2.4.45A holds office for the period, not exceeding 3 years, specified in the instrument of appointment and is eligible for re-appointment. (2) A member other than a public servant or an employee is entitled to the remuneration and allowances (if any) fixed in respect of him or her from time to time by the Minister. (3) A member is appointed subject to any terms and conditions that are specified in the instrument of appointment and that are not inconsistent with this Act. s. 6 -- 9 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 6 2.4.46 Resignation and removal from office of pool members (1) A member of the pool appointed under section 2.4.45A may resign from office by sending to the Governor a signed letter of resignation. (2) The Governor in Council may at any time remove a member of the pool from office.". 7 Repeal of section 2.4.47 Section 2.4.47 of the Principal Act is repealed. 8 Allocation of work amongst the Boards In section 2.4.48 of the Principal Act, after "chairperson" insert "appointed under section 2.4.45A". 9 New section 2.4.49A inserted After section 2.4.49 of the Principal Act insert— "2.4.49A Member unable to perform duties (1) If— (a) the hearing of a review or an appeal before a Merit Protection Board has commenced but not concluded; and (b) a member of the Board is absent or for any other reason is unable to perform the duties of office— the remaining members of the Board may continue to hear and determine the appeal in the absence of that member. (2) The decision of the remaining members in relation to the review or appeal must be unanimous.". s. 7 -- 10 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 7 10 Establishment of Disciplinary Appeals Board In section 2.4.72(2) of the Principal Act, after "section" insert "2.4.59F or". 11 New definition in Part 2.6 Insert the following definitions in section 2.6.1 of the Principal Act— "fitness to teach, in relation to a person, means whether the character, reputation and conduct of a person are such that the person should be allowed to teach in a school; hearing panel means— (a) a panel appointed under Division 12 to hold an informal or formal hearing into a registered teacher's competence or fitness to teach or the conduct of the registered teacher; or (b) a medical panel appointed under Division 12 to hold a hearing into a registered teacher's ability to practise as a teacher; impairment, in relation to a person, means the person has a physical or mental impairment, disability, condition or disorder including substance abuse or dependence; misconduct, in relation to a teacher, includes— (a) conduct of the teacher occurring in connection with the practice of teaching that is of a lesser standard than a member of the public or members of the teaching profession are entitled to expect from a reasonably proficient teacher; and s. 10 -- 11 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 8 (b) the contravention of, or failure to comply with a condition imposed on the registration of the teacher by or under this Part; and (c) the breach of an agreement made under this Act between the teacher and the Institute; suitability to teach in relation to a person means— (a) whether the person is fit to teach; and (b) whether the person is physically or mentally able to teach;". 12 Functions of Institute In section 2.6.3(1) of the Principal Act— (a) in paragraph (a) omit "promote the profession of teaching and"; (b) in paragraph (i), after "registered teachers" insert "and whether a registered teacher's ability to practise as a teacher is seriously detrimentally affected or likely to be seriously detrimentally affected because of an impairment"; (c) after paragraph (l) insert— "(la) recognise and promote the role and activities of the Institute;". 13 Substitution of section 2.6.6 For section 2.6.6 of the Principal Act substitute— "2.6.6 Council of the Victorian Institute of Teaching (1) The Institute is to be governed by the Council of the Victorian Institute of Teaching established under the Victorian Institute of Teaching Act 2001 and s. 12 -- 12 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 9 continued in operation under and subject to this Act. (2) The Council— (a) is responsible for the management of the affairs of the Institute; and (b) may exercise the powers of the Institute. (3) The Council is to consist of not more than 12 members of whom— (a) 5 are to be appointed by the Governor in Council in accordance with section 2.6.6A; and (b) 6 are to be elected in accordance with section 2.6.6B; and (c) one is to be the Secretary or the nominee of the Secretary. 2.6.6A Appointed members For the purposes of section 2.6.6(3)(a), of the appointed members of the Council— (a) one is to be appointed as the Chairperson on the nomination of the Minister and must be a registered teacher or a principal; (b) one is to be the parent of a student in a school nominated by the Minister following the Minister's consideration of names submitted to the Minister from organisations representing parents of students in those schools; s. 13 -- 13 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 10 (c) 2 are to be persons nominated by the Minister following the Minister's consideration of names submitted to the Minister from persons or bodies employing teachers in non-Government schools or bodies or organisations representing those employers; (d) one is to be a person nominated by the Minister following the Minister's consideration of names submitted to the Minister from tertiary institutions that prepare people to be teachers. 2.6.6B Elected members For the purposes of section 2.6.6(3)(b), of the elected members 6 are to be registered teachers of whom— (a) 3 are to be elected by and from registered teachers who are currently teaching in a Government school; (b) one is to be elected by and from registered teachers who are currently teaching in a Government school for students with disabilities or impairments; (c) one is to be elected by and from registered teachers who are currently teaching in a non-Government school operating under the auspices of the Catholic Education Commission; (d) one is to be elected by and from registered teachers who are currently teaching in a non-Government school (other than a school operating under the auspices of the Catholic Education Commission). s. 13 -- 14 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 11 2.6.6C Governor to appoint Deputy Chairperson The Governor in Council, on the nomination of the Minister, may appoint a member of the Council (other than the Chairperson, Secretary or the Secretary's nominee) as a Deputy Chairperson.". 14 Application for registration (1) After section 2.6.7(4)(a) of the Principal Act insert— "(ab) provide information about any current or previous right to teach or to be employed as a teacher, or the refusal of the right to teach or to be employed as a teacher, in another jurisdiction, and the reasons given by the body responsible in that jurisdiction for any such refusal;". (2) In section 2.6.7(4)(b) of the Principal Act omit "or fitness". 15 Qualification for registration as a teacher In section 2.6.8(b)(i) of the Principal Act, for "fitness" substitute "suitability". 16 Registration (1) In section 2.6.9(2)(f) of the Principal Act, for "fitness" substitute "suitability". (2) After section 2.6.9(3) of the Principal Act insert— "(4) The Institute may, on application by a person granted registration, amend, vary or revoke any condition, limitation or restriction imposed under subsection (3)." s. 14 -- 15 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 12 17 Provisional registration (1) In section 2.6.10(2) of the Principal Act— (a) for "first year" substitute "second year"; (b) for "one year" substitute "3 months". (2) In section 2.6.10(3) of the Principal Act— (a) for "one year" (where first occurring) substitute "2 years"; (b) for "one year" (where secondly occurring) substitute "3 months". 18 Non-practising registration In section 2.6.11(4) of the Principal Act omit "not exceeding 5 years from the date of registration". 19 Application for permission to teach (1) After section 2.6.13(2)(a) of the Principal Act insert— "(ab) subject to subsection (4), accompanied by 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". (2) After section 2.6.13(3) of the Principal Act insert— "(4) The Institute may give a written exemption to an applicant under this section from having to provide the evidentiary material required under subsection (2)(ab).". s. 17 -- 16 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 13 20 Permission to teach (1) In 2.6.14(2)(a) of the Principal Act, after "in force" insert ", which may not exceed 3 years from the date of the grant of the permission". (2) After section 2.6.14(2) of the Principal Act insert— "(3) The Institute may, on application by a person granted permission to teach, amend, vary or revoke any condition, limitation or restriction imposed under subsection (2).". 21 Entitlement of applicant to make submissions In section 2.6.15 of the Principal Act, after "permission to teach" (where first occurring) insert "or renewal of registration". 22 Notification of outcome of application In section 2.6.16 of the Principal Act— (a) in subsection (1), after "permission to teach" insert "or renewal of registration"; (b) in subsection (2), after "for registration" insert "or renewal of registration"; (c) in subsection (2)(a), after "the registration" (where first occurring) insert "or renewal of registration"; (d) in subsection (2)(a)(i), after "period of registration" insert "or renewal of registration"; (e) in subsection (2)(b), after "the registration" insert "or renewal of registration"; (f) in subsection (2)(b)(ii), after "registration" insert "or renewal of registration". s. 20 -- 17 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 14 23 Duration and renewal of registration (1) For sections 2.6.17(1) and 2.6.17(2) of the Principal Act substitute— "(1) The registration of a teacher continues in force until the first occurrence of 30 September after the date of the grant of registration. (2) The renewal of registration of a teacher continues in force until the first anniversary of the date of renewal of registration.". (2) After section 2.6.17(3) of the Principal Act insert— "(4) In this section registration does not include provisional registration under section 2.6.10, non-practising registration under section 2.6.11, interim registration under section 2.6.12 or permission to teach under 2.6.14.". 24 Application for renewal of registration In section 2.6.18(1)(b)(i) of the Principal Act, for "5 years" substitute "period of registration". 25 Refusal to renew registration (1) In section 2.6.19(a) of the Principal Act, for "5 years" substitute "period of registration". (2) At the foot of section 2.6.19 of the Principal Act insert— "Note If the Institute is proposing to refuse an application for renewal of registration, the applicant is entitled to make submissions to the Institute under section 2.6.15.". s. 23 -- 18 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 15 26 New Division 9A inserted in Part 2.6 After Division 9 in Part 2.6 of the Principal Act insert— "Division 9A—Voluntary suspension or cancellation of registration 2.6.29A Request for conditions on or suspension of registration (1) A registered teacher may ask the Institute to suspend his or her registration or to impose a condition on the registration or to do both of those things if the teacher believes that— (a) he or she is seriously incompetent; or (b) he or she has engaged in misconduct or serious misconduct; or (c) he or she is not fit to teach; or (d) his or her ability to practise as a teacher is seriously detrimentally affected or likely to be seriously detrimentally affected because of an impairment. (2) If the Institute and the registered teacher agree on the suspension of the registration or a condition to be imposed on the registration or to both of those things occurring, the Institute may suspend the registration or impose the condition on the registration (as the case requires). (3) If the Institute and the registered teacher do not agree on the suspension of the registration or a condition to be imposed on the registration under this section, the Institute must refer the matter to an investigation under Division 11. s. 26 -- 19 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 16 2.6.29B Agreements to amend, vary or revoke conditions or revoke suspensions (1) The Institute may, if the registered teacher so agrees— (a) amend, vary or revoke any condition imposed on the teacher's registration by the Institute under this Division without a hearing by a hearing panel; or (b) revoke a suspension of the teacher's registration imposed by the Institute under this Division and impose a condition on the registration without a hearing by a hearing panel; or (c) revoke a suspension of the teacher's registration imposed by the Institute under this Division without a hearing by a hearing panel if the teacher satisfies the Institute that his or her ability to practise as a teacher is no longer affected. (2) If the Institute and the registered teacher fail to agree under subsection (1), the Institute may refer the matter to a hearing of a hearing panel. 2.6.29C Cancellation by agreement (1) A registered teacher may, on surrender of his or her registration, ask the Institute to cancel his or her registration. (2) The Institute may at the request of a registered teacher cancel the registration of the teacher.". 27 Powers of inquiry (1) In section 2.6.30(1)(b)(ii) of the Principal Act, for "serious misconduct" substitute "misconduct or serious misconduct". s. 26 -- 20 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 17 (2) After section 2.6.30(1)(b)(iii) of the Principal Act insert— "(iv) that a registered teacher's ability to practise as a teacher is seriously detrimentally affected or likely to be seriously detrimentally affected because of an impairment;". 28 Employer to notify Institute of action against teacher For section 2.6.31(1) of the Principal Act substitute— "(1) The employer of a registered teacher must inform the Institute if the employer has taken— (a) any action against the registered teacher in response to allegations— (i) of serious incompetence of the registered teacher; or (ii) of serious misconduct of the registered teacher; or (iii) that the registered teacher is unfit to be a teacher; or (iv) that the registered teacher's ability to practise as a teacher is seriously detrimentally affected or likely to be seriously detrimentally affected because of an impairment; or (b) any other actions against the registered teacher that may be relevant to the teacher's fitness to teach.". 29 When matters are to be investigated (1) In section 2.6.33(1)(a) of the Principal Act, for "serious misconduct" substitute "misconduct or serious misconduct". s. 28 -- 21 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 18 (2) After section 2.6.33(1)(b) of the Principal Act insert— "(ba) a complaint involving a registered teacher's ability to practise as a teacher being seriously detrimentally affected or likely to be seriously detrimentally affected because of an impairment;". 30 New sections 2.6.33A, 2.6.33B, 2.6.33C and 2.6.33D inserted After section 2.6.33 of the Principal Act insert— "2.6.33A Investigations without complaint or notification The Institute may investigate a matter relating to a registered teacher without a complaint or being informed of a matter under section 2.6.33(1) if the Institute reasonably believes that— (a) the teacher is seriously incompetent; or (b) the teacher has engaged in misconduct or serious misconduct; or (c) the teacher is unfit to teach; or (d) the teacher's ability to practise as a teacher has been seriously detrimentally affected or is likely to be seriously detrimentally affected because of an impairment. 2.6.33B Institute to notify the teacher of an investigation (1) The Institute must give notice of an investigation into a matter to the registered teacher who is the subject of the investigation. s. 30 -- 22 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 19 (2) A notice under subsection (1) must— (a) be in writing; and (b) be sent by post within 14 days after the Institute's decision to conduct an investigation has been made; and (c) advise the registered teacher of the nature of the matter to be investigated; and (d) advise the registered teacher of the procedures that can be taken under this Division or Divisions 12 to 14. (3) A notice under subsection (1) may also, in the case of an investigation into the ability of the registered teacher to practise as a teacher under section 2.6.33A(d), ask the teacher to advise the Institute within 28 days after receiving the notice as to whether or not he or she will agree to undergo a health assessment in accordance with Division 11A to assess his or her ability to practise as a teacher. 2.6.33C Powers of investigator An investigator may— (a) by written notice given to a person, require the person to do either or both of the following— (i) to give stated information to the investigator within a stated reasonable time and in a stated reasonable way; (ii) to attend before the investigator at a stated reasonable time and place to answer questions or to produce a stated thing; and s. 30 -- 23 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 20 (b) ask the registered teacher to undergo a health assessment in accordance with Division 11A within 28 days after receiving the notice; and (c) conduct an investigation in the manner determined by the investigator. 2.6.33D Investigation to be conducted expeditiously (1) An investigation under this Division must be conducted as quickly as practicable having regard to the nature of the matter being investigated. (2) Until the investigation is completed and a determination is made under section 2.6.34 by the Institute about the matter being investigated, the Institute must, at intervals of not more than 3 months, report to the following persons about the progress of the investigation— (a) any person who made a complaint in relation to the matter being investigated; (b) the registered teacher being investigated. (3) If a matter has been referred to an investigator to investigate, that investigator must give the Institute any information the Institute reasonably requires to enable the Institute to comply with subsection (2).". s. 30 -- 24 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 21 31 Outcome of investigation For section 2.6.34(1) of the Principal Act substitute— "(1) On completing an investigation, the person or persons conducting the investigation may make one of the following recommendations— (a) that no further action be required; or (b) that the matter or part of the matter be settled by agreement between the Institute and the registered teacher who has been investigated; or (c) that the matter or part of the matter be settled by agreement between the Institute, the registered teacher who has been investigated and the complainant; or (d) that the registered teacher agree to the cancellation of his or her registration; or (e) that an informal, formal or medical panel hearing be held into the matter; or (f) if the matter raises issues, which in the investigator's opinion require investigation by another person, organisation or agency, refer the matter to that person, organisation or agency.". s. 31 -- 25 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 22 32 New Division 11A inserted into Part 2.6 After Division 11 of the Principal Act insert— "Division 11A—Health assessments 2.6.35A Definitions In this Division— health assessment means an assessment of a person to determine whether the person has an impairment and includes a medical, physical, psychiatric or psychological examination or test of the person; registered health practitioner has the same meaning as in section 3(1) of the Health Professions Registration Act 2005; registered medical practitioner has the same meaning as in section 3(1) of the Health Professions Registration Act 2005. 2.6.35B Health assessments (1) If a registered teacher agrees to undergo a health assessment, the teacher must be assessed by a registered health practitioner who is agreed on by the Institute and the teacher. (2) If the Institute and the registered teacher are unable to agree on a registered health practitioner to conduct the assessment, the Chairperson of the Council must appoint a registered health practitioner to perform the assessment. (3) The Institute must pay for the assessment. s. 32 -- 26 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 23 2.6.35C Report of health assessment (1) The assessing health practitioner must give a report of his or her assessment to the investigator. (2) The investigator must— (a) give a copy of the report to the registered teacher within 7 days after receiving the report unless subsection (3) applies; and (b) discuss the report with the registered teacher, and, in the case of an adverse finding in the report, the possible ways of dealing with that finding. (3) If the report contains information of a medical or psychiatric nature concerning the registered teacher and it appears to the investigator that the disclosure of that information to the teacher might be prejudicial to the physical or mental health or wellbeing of the teacher, the investigator may decide not to give that information to the teacher but to give it instead to a registered medical practitioner or a registered health practitioner nominated by that teacher. (4) Before acting under subsection (3), the investigator must report to the Institute and, if the investigator is not a registered health practitioner and the Institute is of the opinion that it is necessary for the investigation of the matter to be continued by a registered health practitioner, the Institute may appoint a registered health practitioner as an investigator to continue the investigation. s. 32 -- 27 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 24 2.6.35D Refusal to attend or cooperate (1) If a registered teacher, who is the subject of an investigation under this Part— (a) does not agree to undergo a health assessment; or (b) does not abide by an agreement to undergo a health assessment— the investigator must report on the matter to the Institute together with any recommendations of the investigator to the Institute. (2) After receiving a report from the investigator under subsection (1), the Institute may refer the matter to a hearing by a medical panel. 2.6.35E Health assessments required by a medical panel (1) If a medical panel appointed under this Part requires a registered teacher to undergo a health assessment, the teacher must be assessed by a registered health practitioner who is appointed by the panel. Note Under section 2.6.41F, a medical panel may direct a registered teacher to undergo a health assessment to assess the teacher's ability to practise as a teacher if the panel believes that the teacher may have an impairment. (2) The Institute must pay for the assessment. (3) The assessing health practitioner must give a report of his or her assessment to the panel. (4) The panel may discuss the report with the registered teacher, and, in the case of an adverse finding in the report, the possible ways of dealing with that finding.". s. 32 -- 28 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 25 33 Division 12 of Part 2.6 heading substituted For the heading to Division 12 of Part 2.6 of the Principal Act substitute— "Division 12—Hearing panel hearings". 34 New Subdivision 1 of Division 12 of Part 2.6 inserted and heading to Subdivision 2 inserted In Division 12 of Part 2.6 of the Principal Act, before section 2.6.36 insert— "Subdivision 1—Pool of persons to sit on hearing panels 2.6.35F Pool of approved persons who may sit on hearing panels (1) The Governor in Council, on the recommendation of the Minister, may approve a pool of persons who may be appointed to a hearing panel under this Division. (2) The number of persons in the pool must not exceed 30. (3) Any of the following persons may be approved for a pool under this section— (a) persons who have been admitted to legal practice in Victoria for not less than 5 years; (b) persons who are current or former members of the Council; (c) registered teachers; s. 33 -- 29 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 26 (d) medical practitioners registered under the Health Professions Registration Act 2005; (e) psychologists registered under the Health Professions Registration Act 2005; (f) persons who have knowledge of or experience in health and community services. (4) The Governor in Council, on the recommendation of the Minister, may revoke the approval of a person under this section. Subdivision 2—Informal hearings". 35 Establishment and notification of an informal hearing (1) In section 2.6.36 of the Principal Act, after "registered teacher" (where first occurring) insert "or the ability of the registered teacher to practise as a teacher". (2) For section 2.6.36(a) of the Principal Act substitute— "(a) appoint a panel from the pool of persons approved under section 2.6.35F to hold the informal hearing; and". 36 Section 2.6.37 substituted For section 2.6.37 of the Principal Act substitute— "2.6.37 Constitution of informal hearing panel (1) A panel appointed to hold an informal hearing must consist of not less than 3 persons who are approved under section 2.6.35F, of whom— s. 35 -- 30 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 27 (a) one is to be the Chairperson, who must be a member or former member of the Council; and (b) one must be a registered teacher. (2) A person who has made a complaint or undertaken an investigation of the matter is not entitled to be a member of the informal hearing panel.". 37 Notice of an informal hearing In section 2.6.38(f) of the Principal Act, for "Professional Practice and Conduct Committee" substitute "informal hearing panel". 38 Conduct of an informal hearing For section 2.6.39(a) of the Principal Act substitute— "(a) the informal hearing panel must hear and determine the matter before it; and". 39 Findings and determinations of an informal hearing (1) For section 2.6.40(1) of the Principal Act substitute— "(1) After considering all the submissions made to the hearing, the informal hearing panel may make findings about whether or not— (a) the teacher has by act or omission engaged in misconduct; or (b) the matter should be referred to a formal hearing. (1A) If the panel finds that the teacher has engaged in misconduct, the panel may make one or more of the following determinations— s. 37 -- 31 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 28 (a) that the matter be referred to a medical panel hearing, if the panel is of the opinion that the teacher's ability to teach is seriously detrimentally affected or likely to be seriously detrimentally affected because of an impairment; (b) that the teacher be cautioned; (c) that the teacher be reprimanded; (d) that any condition be placed on the teacher's registration including a condition— (i) that the teacher undertake and complete specified further education or training within a specified period; or (ii) that the teacher undergo counselling.". (2) In section 2.6.40(2) of the Principal Act for "Committee" (wherever occurring) substitute "panel". 40 Section 2.6.41 substituted For section 2.6.41 of the Principal Act substitute— "2.6.41 Change of informal hearing to formal or medical panel hearing during course of hearing If, before the end of the informal hearing— (a) the teacher requests that a formal hearing be held; or (b) the informal hearing panel is of the opinion that a formal hearing should be held; or s. 40 -- 32 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 29 (c) the matter is referred to a medical panel because the informal hearing panel is of the opinion that the teacher's ability to teach is seriously detrimentally affected or likely to be seriously detrimentally affected because of an impairment— the panel must abandon the informal hearing and refer the matter to a formal hearing or a medical panel hearing (as the case requires).". 41 New Subdivision 3 of Division 12 of Part 2.6 inserted After section 2.6.41 of the Principal Act insert— "Subdivision 3—Medical panel hearings 2.6.41A Appointment and notification of medical panel hearing If the Institute has determined under section 2.6.34 or 2.6.35D that a medical panel hearing be held into a registered teacher's ability to practise as a teacher or an informal or formal hearing panel has referred a matter to a medical panel hearing in relation to a registered teacher's ability to practice as a teacher, the Institute must— (a) appoint a medical panel from the pool of persons approved under section 2.6.35F to hold the hearing; and (b) fix a time and place for the hearing to be held; and (c) serve a notice by post on the registered teacher under section 2.6.41C; and (d) serve notice on any complainant by post which complies with sections 2.6.41C(a) and 2.6.41C(b). s. 41 -- 33 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 30 2.6.41B Constitution of medical hearing panel (1) A medical panel appointed to hold a hearing must consist of not less than 3 persons who are approved under section 2.6.35F, of whom— (a) one must be a person who has been admitted to legal practice in Victoria for not less than 5 years; and (b) one must be a medical practitioner or psychologist registered under the Health Professions Registration Act 2005; and (c) one must be a registered teacher. (2) A person is not entitled to be a member of the medical panel if the person has made a complaint or been involved in any proceedings under this Division relating to the matter to be referred to the panel. 2.6.41C Notice of medical panel hearing A notice of a medical panel hearing must— (a) state the nature of the hearing and the complaint or allegations made against the teacher; and (b) give the time and place of the hearing; and (c) state that there is a right to legal representation at the hearing; and (d) state that the teacher is entitled to be present and to make submissions and to be accompanied by another person; and (e) state that the hearing is not open to the public; and s. 41 -- 34 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 31 (f) list the findings the panel can make; and (g) state that there is a right of review of the panel's determinations. 2.6.41D Conduct of a medical panel hearing At a medical panel hearing— (a) the panel must hear and determine the matter before it; and (b) the teacher who is the subject of the hearing is entitled to be present, to make submissions and be accompanied by another person; and (c) the teacher has a right to legal representation at the hearing; and (d) the proceedings of the hearing must not be open to the public. 2.6.41E Findings and determinations of medical panel hearing (1) After considering all the submissions made to a hearing into the ability of a registered teacher to practise as a teacher, a medical panel may find that— (a) the ability of the teacher to practise as a teacher is seriously detrimentally affected or likely to be seriously detrimentally affected because of an impairment; or (b) the ability of the teacher to practise as a teacher is not affected. s. 41 -- 35 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 32 (2) If the medical panel makes a finding under subsection (1)(a), the panel may make one or more of the following determinations— (a) to impose any condition on the registration of the teacher; (b) to suspend the registration of the teacher for the period and subject to any condition specified in the determination. (3) Without limiting the powers of the medical panel under subsection (2)(a), the panel may determine to impose all or any of the following conditions on the registration of a teacher— (a) that the teacher undergo counselling; (b) that the teacher undertake and complete specified further education or training within a specified period; (c) that the teacher work under the supervision of another registered teacher; (d) that the teacher attend a health practitioner registered under the Health Professions Registration Act 2005 for treatment. (4) If the health panel makes a finding under subsection (1)(b), the panel may determine that no further action be taken. 2.6.41F Referral to a health assessment The medical panel, at any time during the panel's hearing into a registered teacher's ability to practise, may direct the teacher to undergo a health assessment in accordance with Division 11A to assess the teacher's ability to practise as a teacher if the panel s. 41 -- 36 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 33 believes that the teacher may have an impairment. 2.6.41G Referral to formal hearing (1) The medical panel must refer a matter arising out of a hearing to a formal hearing if the panel is of the opinion that the registered teacher's ability to practise as a teacher is affected to such an extent that there is a reasonable likelihood that a formal hearing panel may determine to cancel the registration of the teacher. (2) A medical panel may cease a hearing into a registered teacher's ability to practise as a teacher and refer the matter to a formal hearing if the panel is of the opinion that the teacher is seriously incompetent in his or her teaching practice or has engaged in misconduct or serious misconduct. (3) If a matter is referred to a formal hearing under this section, any hearing by a medical panel into the registered teacher's ability to practise as a teacher must be abandoned.". 42 New Subdivision heading inserted in Division 12 of Part 2.6 In Division 12 of Part 2.6, before section 2.6.42 of the Principal Act insert— "Subdivision 4—Formal hearings". 43 Establishment and notification of formal hearing (1) In section 2.6.42(b) of the Principal Act, for "Professional Practice and Conduct Committee" substitute "informal hearing panel or medical panel". s. 42 -- 37 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 34 (2) In section 2.6.42(c) of the Principal Act, after "panel" insert "from the pool of persons approved under section 2.6.35F". 44 Constitution of a hearing panel for a formal hearing (1) In section 2.6.43(1)(a) of the Principal Act, after "member" insert "or a former member". (2) Section 2.6.43(2) of the Principal Act is repealed. (3) For section 2.6.43(3)(b) of the Principal Act substitute— "(b) a person who has been a member of a medical panel or an informal hearing panel, which held a hearing into the matter;". 45 Conduct of a formal hearing In section 2.6.45(a) of the Principal Act omit "hearing". 46 Findings and determinations of a formal hearing (1) In the heading to section 2.6.46 of the Principal Act omit "into conduct". (2) In section 2.6.46(1)(a) of the Principal Act, for "serious misconduct" substitute "misconduct of serious misconduct". (3) In section 2.6.46(2) of the Principal Act— (a) in paragraph (c), for "serious misconduct" substitute "misconduct or serious misconduct"; (b) for paragraph (h) substitute— "(h) impose conditions, limitations or restrictions on the registration of the teacher including a condition that the teacher— (i) undergo counselling; or s. 44 -- 38 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 35 (ii) undertake and complete specified further education or training within a specified period; (ha) caution the teacher; (hb) reprimand the teacher; (hc) refer the matter to a medical panel hearing, if the panel is of the opinion that the teacher's ability to teach is seriously detrimentally affected or likely to be seriously detrimentally affected because of an impairment;"; (c) in paragraph (j), for "teacher." substitute "teacher;"; (d) after paragraph (j) insert— "(k) disqualify the teacher from applying for registration under Division 3 or 4 within a specified period if the teacher's registration is cancelled by the panel.". 47 Procedure at hearings of hearing panels (1) For the heading to section 2.6.48 of the Principal Act substitute— "Procedure at hearing panel hearings". (2) In section 2.6.48 of the Principal Act— (a) for "formal or informal hearing" substitute "hearing of a hearing panel"; (b) for "the procedure of the Professional Practice and Conduct Committee or a" substitute "a hearing"; (c) in paragraphs (c) and (d) for "Committee or a" substitute "hearing". s. 47 -- 39 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 36 48 Determinations In section 2.6.49 of the Principal Act for "a panel" (wherever occurring) substitute "a hearing panel". 49 Notice of cancellations and determinations of informal hearing panel In section 2.6.50 of the Principal Act, for "the Professional Practice and Conduct Committee or a panel" substitute "a hearing panel". 50 Notifications (1) In section 2.6.51(1) of the Principal Act, for "panel" substitute "formal hearing panel". (2) In section 2.6.51(4) of the Principal Act— (a) in paragraph (a), after "informal hearing" insert "or a medical panel hearing"; (b) in paragraph (b), omit "in the case of a formal or informal hearing,". 51 Offence to disclose information identifying complainant, witness or teacher (1) In section 2.6.52 of the Principal Act omit "formal". (2) In section 2.6.52 of the Principal Act, for "panel" (wherever occurring) substitute "hearing panel". 52 Review by VCAT (1) In section 2.6.55(1)(c) of the Principal Act, for "registration." substitute "registration; or". (2) After section 2.6.55(1)(c) of the Principal Act insert— "(d) a determination made under Divisions 12 and 13— (i) cautioning a registered teacher; (ii) reprimanding a registered teacher; s. 48 -- 40 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 37 (iii) disqualifying a registered teacher from applying for registration under Division 3 or 4 within a specified period if his or her registration is cancelled.". 53 Delegation (1) In section 2.6.67 of the Principal Act, for "The Council may" substitute "The Institute may". (2) After section 2.6.67(f) of the Principal Act insert— "(fa) the power to refer a matter to a medical panel hearing under section 2.6.34 or 2.6.35D; or". (3) At the end of section 2.6.67 of the Principal Act insert— "(2) Despite subsection (1), the Institute may, in writing, delegate to the Chief Executive Officer of the Institute its power— (a) to grant a person permission to teach; and (b) to impose or to amend, vary or revoke conditions, limitations or restrictions on a permission to teach.". 54 Repeal of section 2.6.69 Section 2.6.69 of the Principal Act is repealed. 55 Terms of Office In section 2.6.71(2) of the Principal Act, after "body" insert "established under this Part". s. 53 -- 41 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 38 56 Procedure of committee, panel or body In section 2.6.74(5) of the Principal Act— (a) omit "the Professional Practice and Conduct Committee or"; (b) omit "Committee or" (where twice occurring). 57 Immunity In section 2.6.76 of the Principal Act omit "established for a formal hearing". 58 Interpretation In section 4.1.1(1) of the Principal Act, for the definition of senior secondary course substitute— "senior secondary course means a course leading to a senior secondary qualification or any other course pertaining to year 11 or 12;". 59 Terms of registration (1) After section 4.3.12(1) of the Principal Act insert— "(1A) Despite subsection (1), if a registered school is registered with respect to the provision of an accredited senior secondary course, that registration remains in force until it is suspended or cancelled under subsection (3), (5) or (6).". (2) After section 4.3.12(4) of the Principal Act insert— "(5) The registration of a registered school with respect to an accredited senior secondary course is cancelled if any of the following things occur— s. 56 -- 42 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 39 (a) in the case of registration with respect to the VCE or VCAL, the Victorian Curriculum and Assessment Authority withdraws its acceptance; (b) in the case of registration with respect to the International Baccalaureate Diploma, the International Baccalaureate Organisation withdraws its approval; (c) the accreditation of the course is cancelled by the Authority under Part 4.4; (d) the Authority cancels the registration of the school under section 4.3.4; (e) the Authority imposes a condition on the registration of the school under section 4.3.4 prohibiting the school from providing education for students in years 11 and 12; (f) the school is no longer registered in respect of providing education for students in years 11 and 12. (6) The registration of a registered school with respect to an accredited senior secondary course is suspended if the Authority suspends the registration of the school under section 4.3.4, the period of suspension being the same as the period of suspension of the school's registration.". s. 59 -- 43 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 40 60 New sections 6.1.12, 6.1.13 and 6.1.14 inserted After section 6.1.11 of the Principal Act insert— "6.1.12 Transitional provisions—Education and Training Reform Amendment Act 2010 (1) Each Merit Protection Board constituted before the commencement day is abolished and its members go out of office. (2) Despite subsection (1), if before the commencement day a Merit Protection Board had begun to hear a review or an appeal, that Board may continue to hear the review or appeal as if this Act had not been amended by the Education and Training Reform Amendment Act 2010. (3) In this section commencement day means the day that section 6 of the Education and Training Reform Amendment Act 2010 comes into operation. 6.1.13 Transitional provisions—Education and Training Reform Amendment Act 2010 (1) All members of the Council of the Victorian Institute of Teaching go out of office on 28 November 2011. (2) The Council of the Victorian Institute of Teaching continues in operation despite the changes to its constitution effected under section 13 of the Education and Training Reform Amendment Act 2010. 6.1.14 Transitional provisions—Education and Training Reform Amendment Act 2010 (1) Despite the amendments made to section 2.6.11 by section 18 of the Education and Training Reform Amendment Act 2010, the period of registration of a person registered as a non-practising teacher s. 60 -- 44 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 41 immediately before the commencement of that section 18 remains in force until the expiry of that period. (2) Despite the amendments made to section 2.6.14 by section 20 of the Education and Training Reform Amendment Act 2010, the period of registration of a person granted permission to teach immediately before the commencement of that section 20 remains in force until the expiry of that period. (3) Despite the amendments made to section 2.6.17 by section 23 of the Education and Training Reform Amendment Act 2010, the period of registration of a teacher (within the meaning of section 2.6.17 as in force before the amendments made to it by that section 23) who was registered immediately before the commencement of that section 23, is taken to continue in force until the first occurrence of 30 September after the day that the registration would have expired under section 2.6.17 as in force before the amendments made to it by that section 23.". 61 New section 6.1.15 inserted At the end of Chapter 6 of the Principal Act insert— "6.1.15 Transitional provision—Education and Training Reform Amendment Act 2010 (1) This section applies to a school that is deemed under clause 1.5 of Schedule 8 to be registered as a school under this Act. (2) A school is deemed to be registered under Division 3 of Part 4.3 with respect to the following accredited senior secondary courses if immediately before 1 July 2007 the school— s. 61 -- 45 of 48 -- Part 2—Amendments to Education and Training Reform Act 2006 Education and Training Reform Amendment Act 2010 No. 27 of 2010 42 (a) in the case of the VCE or VCAL, had been accepted by the Victorian Assessment and Curriculum Authority to offer the VCE or VCAL (as the case may be); (b) in the case of the International Baccalaureate Diploma, had been approved by the International Baccalaureate Organisation to offer the International Baccalaureate Diploma.". 62 Substitution of Schedule 1 For Schedule 1 to the Principal Act substitute— "SCHEDULE 1 Sections 1.2.2(2)(b), 2.2.4(1), 2.2.7(3) LEARNING AREAS SUBJECT TO FREE INSTRUCTION English Mathematics Sciences (including physics, chemistry and biology) Humanities and social sciences (including history, geography, economics, business, civics and citizenship) The arts Languages Health and physical education Information and communication technology and design and technology __________________". __________________ s. 62 -- 46 of 48 -- Part 3—Repeal of Amending Act Education and Training Reform Amendment Act 2010 No. 27 of 2010 43 PART 3—REPEAL OF AMENDING ACT 63 Repeal of amending Act This Act is repealed on 1 January 2012. 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. 63 -- 47 of 48 -- Education and Training Reform Amendment Act 2010 No. 27 of 2010 44 ENDNOTES † Minister's second reading speech— Legislative Assembly: 10 December 2009 Legislative Council: 25 February 2010 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 -- 48 of 48 --