Education and Training Reform Further Amendment Act 2010

i Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 3 3 Principal Act 3 PART 2—AMENDMENTS TO THE EDUCATION AND TRAINING REFORM ACT 2006 4 4 Definitions 4 5 Functions of Institute 4 6 Application for registration 4 7 Substitution of section 2.6.8 5 2.6.8 Qualification for registration as a teacher 5 8 Application for permission to teach 6 9 Application for renewal of registration 6 10 Annual fees 7 11 The Register 7 12 Notifications 7 13 Fees 8 14 Vesting of land in Minister administering this Act 8 15 Substitution of definition of education or training provider in Part 5.3A 8 16 Authorisations for use of Victorian student numbers or related information 9 17 New Part 5.7A inserted 9 PART 5.7A—MILDURA SCHOOLS LAND 9 Division 1—Introductory 9 5.7A.1 Purpose of this Part 9 5.7A.2 Definitions 10 5.7A.3 Mildura schools land 11 5.7A.4 Land purchased under this Part to vest in the Minister administering this Part 12 5.7A.5 Variation to Mildura schools land by Order 12 -- 1 of 36 -- Section Page ii 5.7A.6 First Order declaring beneficiary schools 14 5.7A.7 Further Orders varying beneficiary schools 15 5.7A.8 Orders to be tabled in Parliament 16 Division 2—Dealings with Mildura schools land 17 Subdivision 1—Leasing of land 17 5.7A.9 Power of Minister to lease Mildura schools land 17 5.7A.10 Rent to be determined on basis of valuation of land 17 5.7A.11 Valuation of land to include value of improvements 18 5.7A.12 Leaseholder may apply for review to VCAT 18 5.7A.13 Ownership of improvements on leased land 19 Subdivision 2—Easements over land 19 5.7A.14 Power of Minister to grant easements over Mildura schools land 19 Subdivision 3—Sale and purchase of land 20 5.7A.15 Minister holds Mildura schools land on trust for sale 20 5.7A.16 Power of Minister to purchase additional land 20 Subdivision 4—Subdivision or consolidation of land 20 5.7A.17 Power of Minister to subdivide or consolidate land 20 Division 3—Distribution and use of rents and profits 21 5.7A.18 Power of Minister to enter agreement with trustee 21 5.7A.19 Agreement to provide for establishment of funds for rents and profits 21 5.7A.20 Agreement to provide for costs to be paid out of funds 21 5.7A.21 Agreement to provide for money in funds to be distributed to beneficiary schools 22 5.7A.22 School councils may recommend that distribution of income be varied 23 5.7A.23 Agreement to provide for reports by trustee company 23 5.7A.24 Distribution amount to be paid to school 23 5.7A.25 Use of distributed money by school councils and governing bodies 24 Division 4—Proceeds derived from disposition of land or creation of easement over land 25 5.7A.26 Proceeds of dispositions of land and easements to be paid into special fund 25 5.7A.27 Income derived from proceeds treated as rent and profits 26 5.7A.28 Division has effect despite contrary law 26 -- 2 of 36 -- Section Page iii 18 New section 6.1.16 inserted 26 6.1.16 Transitional provision—Education and Training Reform Further Amendment Act 2010 26 19 New sections 6.1.17 and 6.1.18 inserted 27 6.1.17 Transitional provisions—Education and Training Reform Amendment Act 2010 27 6.1.18 Transitional provisions—Education and Training Reform Further Amendment Act 2010 28 20 Acting appointments 30 21 Statute law revision 30 PART 3—AMENDMENTS AND REPEALS 31 Division 1—Amendments to other Act 31 22 Amendment to Education and Training Reform Amendment Act 2010 31 Division 2—Repeal of various Acts 31 23 Repeal of Mildura College Lands Act 1916 31 24 Repeal of Mildura College Land (Ranfurly) Act 1992 31 25 Repeal of Institute of Educational Administration (Repeal) Act 1993 32 26 Repeal of Mildura College Lands (Amendment) Act 1995 32 Division 3—Repeal of amending Act 32 27 Repeal of amending Act 32 ═══════════════ ENDNOTES 33 -- 3 of 36 -- 1 Education and Training Reform Further Amendment Act 2010 † No. 28 of 2010 [Assented to 8 June 2010] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to amend the Education and Training Reform Act 2006— (i) to enlarge the functions of the Victorian Institute of Teaching to include developing standards for higher levels Victoria -- 4 of 36 -- Part 1—Preliminary Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 2 of professional practice by teachers; and (ii) to provide for police record checks to be carried out on teachers before and during registration; and (iii) to streamline the qualification requirements for non-practising teachers who wish to return to full registration; and (iv) to provide for additional particulars relating to sanctions placed on teachers to be contained in the Register of Teachers; and (v) to require the Victorian Institute of Teaching to notify the Director of Public Transport of certain determinations made by a formal hearing panel relating to teachers; and (vi) to make consequential and miscellaneous amendments to that Act; and (b) to re-enact the Mildura College Lands Act 1916 in the Education and Training Reform Act 2006; and (c) to repeal the Mildura College Lands Act 1916, the Mildura College Land (Ranfurly) Act 1992, the Institute of Educational Administration (Repeal) Act 1993 and the Mildura College Lands (Amendment) Act 1995. s. 1 -- 5 of 36 -- Part 1—Preliminary Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 3 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. 3 Principal Act In this Act, the Education and Training Reform Act 2006 is called the Principal Act. __________________ s. 2 See: Act No. 24/2006. Reprint No. 1 as at 14 July 2008 and amending Act Nos 12/2008, 62/2008, 70/2008, 4/2009, 45/2009, 62/2009, 68/2009, 69/2009 and 85/2009. LawToday: www. legislation. vic.gov.au -- 6 of 36 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 4 PART 2—AMENDMENTS TO THE EDUCATION AND TRAINING REFORM ACT 2006 4 Definitions Insert the following definition in section 1.1.3(1) of the Principal Act— "Catholic Education Commission means the Catholic Education Commission of Victoria Limited ACN 119 459 853;". 5 Functions of Institute (1) In section 2.6.3(1)(c) of the Principal Act, after "renewal of registration of" insert ", or for the recognition of higher levels of professional practice attained by,". (2) For section 2.6.3(1)(d) of the Principal Act substitute— "(d) develop, establish and maintain— (i) standards of professional practice for entry into and remaining in the teaching profession; and (ii) standards for the recognition of higher levels of professional practice attained by teachers in Victorian schools;". (3) In section 2.6.3(2) of the Principal Act, after "renewal of registration of" insert ", or for the recognition of higher levels of professional practice attained by,". 6 Application for registration (1) After section 2.6.7(2) of the Principal Act insert— "(2A) The application must include an authorisation by the applicant for the Institute to conduct a police record check— s. 4 -- 7 of 36 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 5 (a) in connection with the consideration of the application; and (b) if registration is granted, from time to time during the period for which the registration remains in force.". (2) After section 2.6.7(3) of the Principal Act insert— "(3A) In considering an application under this section, the Institute may arrange for the conduct of a police record check on the applicant.". 7 Substitution of section 2.6.8 For section 2.6.8 of the Principal Act substitute— "2.6.8 Qualification for registration as a teacher A natural person is qualified to be registered as a teacher— (a) if the person— (i) has obtained a qualification that is appropriate for entry to teaching approved by the Minister or obtained a qualification which is determined by the Institute to be equivalent to an approved qualification; and (ii) produces evidence that the person satisfies the criteria approved by the Minister about— (A) suitability to be a teacher; and (B) competence in speaking or communicating in the English language for the person to teach in a school; and s. 7 -- 8 of 36 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 6 (iii) produces evidence that the person has achieved the standards of professional practice required for registration that are approved by the Minister; or (b) if the person is currently registered as a non-practising teacher.". 8 Application for permission to teach (1) After section 2.6.13(2) of the Principal Act insert— "(2A) The application must include an authorisation by the applicant for the Institute to conduct a police record check— (a) in connection with consideration of the application; and (b) if permission to teach is granted, from time to time during the period for which the permission remains in force. (2B) In considering an application under this section, the Institute may arrange for the conduct of a police record check on the applicant.". 9 Application for renewal of registration (1) After section 2.6.18(1)(a) of the Principal Act insert— "(ab) must be in the form approved by the Institute; and". (2) After section 2.6.18(1) of the Principal Act insert— "(1A) The application must include an authorisation by the applicant for the Institute to conduct a police record check— s. 8 -- 9 of 36 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 7 (a) in connection with consideration of the application; and (b) if renewal of registration is granted, from time to time during the period for which the registration remains in force. (1B) In considering an application under this section, the Institute may arrange for the conduct of a police record check on the applicant.". 10 Annual fees After section 2.6.21(1) of the Principal Act insert— "(1A) Despite subsection (1), if the fee payable under subsection (1) is for a period of less than 12 months it must be calculated on a pro rata basis to the nearest month.". 11 The Register For section 2.6.24(d) of the Principal Act substitute— "(d) whether, due to an adverse finding by a formal hearing panel under Division 12 or by virtue of section 2.6.29, the registration of the teacher— (i) is subject to a condition, limitation or restriction; or (ii) has been suspended or cancelled;". 12 Notifications (1) After section 2.6.51(1)(g) of the Principal Act insert— "(ga) to the Director of Public Transport within the meaning of the Transport Act 1983; and". (2) In section 2.6.51(3) of the Principal Act, for "(g) and (h)" substitute "(g), (ga) and (h)". s. 10 -- 10 of 36 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 8 13 Fees After section 2.6.77(2) of the Principal Act insert— "(3) Despite subsection (2)(a), if the period for which the fee is payable is less than 12 months, it must be calculated on a pro rata basis to the nearest month.". 14 Vesting of land in Minister administering this Act (1) In section 5.2.6(1) of the Principal Act, after "purposes of this Act" insert "(except land purchased for the purposes of Part 5.7A)". (2) After section 5.2.6(5) of the Principal Act insert— "(5A) Subsection (5) does not apply to the proceeds of the sale or other disposition of any part of the Mildura schools land under Part 5.7A or a disposition in fee simple of any part of that land that has otherwise occurred.". 15 Substitution of definition of education or training provider in Part 5.3A For the definition of education or training provider in section 5.3A.1 of the Principal Act substitute— "education or training provider means— (a) a person, body or school registered by the Authority under Division 1 or Division 3 of Part 4.3 but does not include a university, except the TAFE Division of a university; or (b) a person or body receiving a grant, subsidy or loan by the Adult, Community and Further Education Board (within the meaning of Part 3.3) s. 13 -- 11 of 36 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 9 in relation to the provision of adult, community and further education;". 16 Authorisations for use of Victorian student numbers or related information (1) After section 5.3A.9(1)(c) of the Principal Act insert— "(ca) any employee of the Catholic Education Commission or of a Catholic education agency acting on behalf of the Catholic Education Commission, whose duties include the analysis and evaluation of information relating to students;". (2) In section 5.3A.9(1)(d) of the Principal Act, after "Department" insert ", the Department of Innovation, Industry and Regional Development or the Department of Planning and Community Development". 17 New Part 5.7A inserted After Part 5.7 of the Principal Act insert— "PART 5.7A—MILDURA SCHOOLS LAND Division 1—Introductory 5.7A.1 Purpose of this Part (1) The purpose of this Part is to re-enact and modernise the provisions of the Mildura College Lands Act 1916. (2) The provisions of the Mildura College Lands Act 1916 gave legislative force to a trust over certain land in the Mildura region, the trust being set up by George and William Chaffey in 1887 to benefit an agricultural college to be built in that region, but which ultimately benefited the Mildura Agricultural s. 16 -- 12 of 36 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 10 High School and its successors and subsequently other schools in that region. 5.7A.2 Definitions In this Part— beneficiary schools means the schools declared to be beneficiary schools in the Order made under section 5.7A.6 and any Order made under section 5.7A.7; Note Section 6.1.18(9) is a transitional provision, which provides that, until an Order is made under section 5.7A.6, a beneficiary school is taken to be any school listed as a beneficiary in Schedule 2 to the Mildura College Lands Act 1916 before its repeal. beneficiary schools region means that part of the municipal district of the Mildura Rural City Council that is bounded by the Murray River, Meridian Road, Wood Road and the imaginary extension of Meridian Road in a direct line north to the Murray River, the imaginary extension of Wood Road in a direct line to Wilga Road, Wilga Road until it intersects with the Calder Highway, the Calder Highway from Wilga Road until it intersects with Castle Crossings Road, Castle Crossings Road from the Calder Highway until it intersects with Kulkyne Way and the imaginary extension of Castle Crossings Road from that intersection in a direct line east to the Murray River; Central Plan Office means the Central Plan Office of the Department of Sustainability and Environment; s. 17 -- 13 of 36 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 11 Mildura schools land has the meaning set out in section 5.7A.3; school means a registered school; special fund means the fund established under Division 4; trustee agreement means an agreement referred to in section 5.7A.18; trustee company means the trustee company that enters into a trustee agreement with the Minister under section 5.7A.18; valuer-general means the valuer-general within the meaning of the Valuation of Land Act 1960; 5.7A.3 Mildura schools land For the purposes of this Part, the Mildura schools land means— (a) all the parcels of land shown as the Mildura schools land on the plans numbered LEGL./09–397 and LEGL./09–398 and lodged in the Central Plan Office; and (b) any additional land purchased and held by the Minister for the purposes of this Part— but does not include any part of the Mildura schools land sold by the Minister under this Part or otherwise disposed of in fee simple. Note Under section 5.7A.5, Orders are made varying the Mildura schools land when any of that land is sold or additional land is purchased by the Minister under this Part, or any of the lots of land comprising the Mildura schools land are subdivided or consolidated. Each Order will approve a consolidated plan or plans, which must incorporate all variations to the land as at the date of the Order. The plan or s. 17 -- 14 of 36 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 12 plans will replace the original plans referred to in this section and any subsequent consolidated plans. 5.7A.4 Land purchased under this Part to vest in the Minister administering this Part (1) All land purchased for the purposes of this Part by the Minister is vested in the Minister administering Part 5.7A of the Education and Training Reform Act 2006 and that Minister is deemed to be the registered proprietor of the land. (2) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title and any other documentation that the Registrar of Titles considers necessary, must make any amendments in the Register that are necessary because of the operation of subsection (1). 5.7A.5 Variation to Mildura schools land by Order (1) The Governor in Council may by Order vary the Mildura schools land by doing any one or more of the following— (a) removing land from the Mildura schools land that has been sold by the Minister under this Part or otherwise disposed of in fee simple; (b) adding land to the Mildura schools land that has been purchased by the Minister for the purposes of this Part; (c) changing the number of lots of land that comprise the Mildura schools land because of a subdivision or consolidation of any part or parts of that land. s. 17 -- 15 of 36 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 13 (2) An Order under this section varying the Mildura schools land must approve a consolidated plan or plans of that land incorporating all variations to the land made under this section up to the date of the Order. (3) An Order under this section must be made on the recommendation of the Minister. (4) The Minister must not make a recommendation under subsection (3) unless the Minister has received the appropriate consolidated plan or plans and any other necessary plan, which has been— (a) signed by the Surveyor-General; and (b) lodged at the Central Plan Office. (5) An Order under this section must be made as soon as practicable— (a) after any part of the Mildura schools land is sold by the Minister under this Part or otherwise disposed of in fee simple; or (b) land is purchased by the Minister for the purposes of this Part; or (c) the number of the lots of land that comprise the Mildura schools land is changed because of a subdivision or consolidation of any part or parts of that land. (6) An Order under this section— (a) must be published as soon as practicable after it is made in— (i) the Government Gazette; and (ii) a newspaper circulating generally throughout the beneficiary schools region; and s. 17 -- 16 of 36 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 14 (b) takes effect on the day that it is published in the Government Gazette or, if a later day is specified in the Order, on that day. (7) An Order under this section approving a consolidated plan or plans of the Mildura schools land revokes and replaces any existing approved consolidated plan or plans for the Mildura schools land. 5.7A.6 First Order declaring beneficiary schools (1) Subject to subsection (2), the Governor in Council must by Order declare every school listed as a beneficiary in Schedule 2 to the Mildura College Lands Act 1916, which is operating as a school immediately before the repeal of that Act, to be a beneficiary school for the purposes of this Part. (2) If the name of a school listed as a beneficiary in Schedule 2 to the Mildura College Lands Act 1916 immediately before the repeal of that Act has changed before that repeal, the declaration of that school in subsection (1) must refer to the new name of the school. (3) The Order under this section— (a) must be published as soon as practicable after it is made in— (i) the Government Gazette; and (ii) a newspaper circulating generally throughout the beneficiary schools region; and s. 17 -- 17 of 36 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 15 (b) takes effect on the day that it is published in the Government Gazette or, if a later day is specified in the Order, on that day. Note Section 6.1.18(9) is a transitional provision, which provides that, until an Order is made under section 5.7A.6, a beneficiary school is taken to be any school listed as a beneficiary in Schedule 2 to the Mildura College Lands Act 1916 before its repeal. 5.7A.7 Further Orders varying beneficiary schools (1) The Governor in Council may by Order vary the beneficiary schools declared in the Order under section 5.7A.6 or in an Order under this section by doing any or all of the following— (a) declaring an additional school to be a beneficiary school for the purposes of this Part; (b) revoking a previous declaration of a school as a beneficiary school for the purposes of this Part; (c) changing the name of a school declared to be a beneficiary school for the purposes of this Part. (2) An Order under this section varying the beneficiary schools must approve a consolidated list of schools declared to be beneficiary schools for the purposes of this Part incorporating all variations to those schools made under this section up to the date of the Order. s. 17 -- 18 of 36 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 16 (3) An Order under this section approving a consolidated list of beneficiary schools revokes and replaces any existing approved consolidated list of beneficiary schools. (4) An Order under this section must be made on the recommendation of the Minister. (5) An Order under this section— (a) must be published as soon as practicable after it is made in— (i) the Government Gazette; and (ii) a newspaper circulating generally throughout the beneficiary schools region; and (b) takes effect on the day that it is published in the Government Gazette or, if a later day is specified in the Order, on that day. (6) The Minister must not make a recommendation under subsection (4) unless the Minister is of the opinion that the school is in the beneficiary schools region. (7) If the name of a beneficiary school is varied, the variation of the name does not affect the school's entitlement to be paid an amount under section 5.7A.21. 5.7A.8 Orders to be tabled in Parliament (1) The Minister must cause a copy of any Order under this Division to be laid before each House of the Parliament. (2) Section 15 of the Subordinate Legislation Act 1994 applies for the purposes of subsection (1) as though— (a) the Order were a statutory rule (within the meaning of that Act); and s. 17 -- 19 of 36 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 17 (b) notice of the making of the statutory rule had been published in the Government Gazette when the Order was published in the Government Gazette. Division 2—Dealings with Mildura schools land Subdivision 1—Leasing of land 5.7A.9 Power of Minister to lease Mildura schools land (1) Subject to this Subdivision, the Minister may grant a lease of any part of the Mildura schools land. (2) A lease granted under this section— (a) must be for a specific term determined by the Minister; and (b) subject to this Subdivision, is subject to the terms, rent, covenants, conditions and restrictions determined by the Minister. 5.7A.10 Rent to be determined on basis of valuation of land Rent on a lease of land granted under this Subdivision must— (a) be determined on the basis of a valuation of the land by the valuer- general; and (b) be reviewed according to whichever of the following methods of review is provided for by the lease— (i) at the end of every third year on the basis of a further valuation of the land by the valuer-general; or s. 17 -- 20 of 36 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 18 (ii) at the end of each year by the application of the all groups consumer price index for Melbourne published by the Australian Statistician. 5.7A.11 Valuation of land to include value of improvements Any valuation by the valuer-general made for the purposes of this Subdivision must include in the valuation any improvements on the land unless— (a) those improvements were made by the current leaseholder; or (b) a payment in respect of those improvements was made by the current leaseholder to the previous leaseholder upon assignment of the lease to the current leaseholder. 5.7A.12 Leaseholder may apply for review to VCAT (1) The holder of a lease of land granted under this Subdivision may apply to VCAT for review of a decision made by the valuer- general with respect to the valuation of the land for the purposes of this Subdivision. (2) An application for review must be made within 28 days after the later of— (a) the day on which the decision is made; (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed s. 17 -- 21 of 36 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 19 under section 46(5) of that Act that a statement of reasons will not be given. 5.7A.13 Ownership of improvements on leased land (1) The ownership of any improvements on any land leased under this Subdivision remains with the current leaseholder if that leaseholder— (a) made the improvements; or (b) paid the previous leaseholder for the improvements on assignment of the lease to the leaseholder. (2) If a leaseholder owns improvements on land leased under this Subdivision and— (a) the lease is terminated; and (b) there are no lawful assignees of the lease; and (c) the leaseholder does not remove the improvements— the improvements become the property of the Minister. Subdivision 2—Easements over land 5.7A.14 Power of Minister to grant easements over Mildura schools land The Minister may grant or create in favour of any person an easement over or in respect of any part of the Mildura schools land for the periods and on the terms and conditions determined by the Minister. s. 17 -- 22 of 36 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 20 Subdivision 3—Sale and purchase of land 5.7A.15 Minister holds Mildura schools land on trust for sale The Mildura schools land is held by the Minister on trust for sale or other disposition of that land for the benefit of the beneficiary schools with power to postpone the sale or other disposition for an indefinite period. 5.7A.16 Power of Minister to purchase additional land The Minister may purchase land in fee simple for the purposes of this Part with money standing to the credit of the special fund. Subdivision 4—Subdivision or consolidation of land 5.7A.17 Power of Minister to subdivide or consolidate land The Minister may subdivide or consolidate any part or parts of the Mildura schools land for the purpose of— (a) leasing any part of the land under this Part; or (b) selling any part of the land under this Part; or (c) any other disposition of the land in fee simple. s. 17 -- 23 of 36 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 21 Division 3—Distribution and use of rents and profits 5.7A.18 Power of Minister to enter agreement with trustee Without limiting any other power of the Minister, he or she may enter into an agreement with a trustee company within the meaning of the Trustee Companies Act 1984 for the provision by that company of services with respect to all or any part of the Mildura schools land or the management and administration of— (a) any rents and profits arising from the granting of a lease of any part of that land; or (b) the special fund. 5.7A.19 Agreement to provide for establishment of funds for rents and profits A trustee agreement must provide for one or more funds to be established by the trustee company for the benefit of the beneficiary schools into which the rents and profits referred to in section 5.7A.18(a) must be paid. 5.7A.20 Agreement to provide for costs to be paid out of funds A trustee agreement must provide for the following costs to be paid out of the fund or funds referred to in section 5.7A.19— (a) the costs incurred in connection with any subdivision or consolidation of any part or parts of the Mildura schools land, for the purpose of leasing or selling any part of the land or for the purpose of any other disposition of any s. 17 -- 24 of 36 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 22 part of the land in fee simple, including the laying out and construction of any roads and streets; (b) the costs incurred by the Minister in connection with the administration of this Part. 5.7A.21 Agreement to provide for money in funds to be distributed to beneficiary schools (1) A trustee agreement must provide that, after costs have been deducted in accordance with section 5.7A.20 from the fund or funds referred to in section 5.7A.19, the remaining money standing to the credit of the fund or funds must be set aside and paid, subject to subsection (2), to each beneficiary school at the end of every quarter in accordance with the following— (a) if no direction is given by the Minister under section 5.7A.22, the following formula— C B A D × = where— A is the number of students enrolled in the beneficiary school as at the preceding 28 February; B is the total number of students enrolled in all beneficiary schools as at the preceding 28 February; C is the total amount to be distributed from the fund or funds; D is the amount to be paid to the school; (b) any direction given by the Minister under section 5.7A.22. s. 17 -- 25 of 36 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 23 (2) If the number of students enrolled in a beneficiary school that is entitled to be paid an amount under subsection (1) has not been ascertained by the trustee company by the end of the first quarter, the agreement is taken to provide that the trustee company is to pay that amount as soon as possible after ascertaining the number of students. 5.7A.22 School councils may recommend that distribution of income be varied If the school councils and governing bodies of all the beneficiary schools recommend to the Minister that the distribution of income amongst them be varied in a specified manner, the Minister may direct the trustee company to act in accordance with any such recommendation until superseded by a subsequent direction by the Minister under this section. 5.7A.23 Agreement to provide for reports by trustee company A trustee agreement must provide for the submission of quarterly financial reports by the trustee company to the Minister. 5.7A.24 Distribution amount to be paid to school (1) The school council or governing body of a beneficiary school entitled to be paid an amount under section 5.7A.21 may request that the Minister give approval for the amount to be paid in parts as requested from time to time by the council or body. (2) The Minister may approve a request under subsection (1). s. 17 -- 26 of 36 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 24 (3) The trustee company must pay to the school council or governing body of a beneficiary school or a person or body acting on behalf of that council or governing body— (i) if there is no approval given under subsection (2), the whole amount that the school is entitled to be paid under section 5.7A.21; or (ii) the part of that amount that is from time to time requested in accordance with an approval under subsection (2). 5.7A.25 Use of distributed money by school councils and governing bodies (1) The school council or governing body of a beneficiary school to or on behalf of which money is paid under section 5.7A.24 holds the money on trust for the benefit of that school. (2) The school council or governing body holding money for the benefit of a school under subsection (1) must use the money together with any interest earned on the money for any of the following purposes— (a) the provision, erection, re-erection, extension, repair, maintenance and renewal of buildings; (b) the maintenance of grounds; (c) the provision and maintenance of equipment (including sports equipment) for or in connection with the school. (3) The school council or governing body of a beneficiary school may invest money paid to it under section 5.7A.24, including any interest earned on that money, which is not s. 17 -- 27 of 36 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 25 for the time being required for any of the purposes referred to in subsection (2). (4) A school council or governing body must invest any money paid to it under section 5.7A.24, including any interest earned on that money— (a) in any manner in which a trustee may invest trust funds under the Trustee Act 1958; and (b) in accordance with any guidelines issued by the Minister. Division 4—Proceeds derived from disposition of land or creation of easement over land 5.7A.26 Proceeds of dispositions of land and easements to be paid into special fund (1) The following must be paid into a fund to be established for this purpose (the special fund)— (a) the proceeds arising from the sale or other disposition under this Part of any part of the Mildura schools land; (b) the proceeds arising from any other disposition in fee simple of any part of the Mildura schools land; (c) the proceeds arising from the granting of an easement over or in respect of any part of the Mildura schools land. (2) The proceeds paid into the special fund under subsection (1) must be invested in the purchase of land in fee simple for the purposes of this Part at a time to be determined by the Minister and, until so invested, must continue to be held in the special fund. s. 17 -- 28 of 36 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 26 5.7A.27 Income derived from proceeds treated as rent and profits All income derived from money standing to the credit of the special fund must be applied in the same manner that would be applicable in accordance with Division 3 as if the income were rents and profits arising from a grant of a lease under Division 2 and this Part has effect in relation to the income accordingly. 5.7A.28 Division has effect despite contrary law This Division has effect despite any rule of law to the contrary or any provision to the contrary made by or under any Act (other than the Charter of Human Rights and Responsibilities Act 2006) or by any instrument. __________________". 18 New section 6.1.16 inserted At the end of Chapter 6 of the Principal Act insert— "6.1.16 Transitional provision—Education and Training Reform Further Amendment Act 2010 The registration fee payable in respect of the period that the registration of a teacher is taken to continue in force under section 6.1.14(3) is the fee fixed by the Minister in accordance with section 2.6.77(3).". s. 18 -- 29 of 36 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 27 19 New sections 6.1.17 and 6.1.18 inserted After section 6.1.16 of the Principal Act insert— "6.1.17 Transitional provisions—Education and Training Reform Amendment Act 2010 (1) The land vested in the Minister under the Mildura College Lands Act 1916 immediately before the repeal of that Act, being all the parcels of land shown as the Mildura schools land on the plans numbered LEGL./09–397 and LEGL./09–398 and lodged in the Central Plan Office, vests in the Minister administering Part 5.7A of the Education and Training Reform Act 2006. (2) The Minister administering Part 5.7A of the Education and Training Reform Act 2006 is deemed to be the registered proprietor of all land that is vested in that Minister under subsection (1). (3) A reference in a document relating to land referred to in subsection (1) to a person or body as the registered proprietor of that land is taken to be a reference to the Minister administering Part 5.7A of the Education and Training Reform Act 2006. (4) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title and any other documents that the Registrar of Titles considers necessary, must make any amendments in the Register that are necessary because of the operation of this section. (5) This section does not apply in respect of the land described in Volume 10049 Folio 739 of the Register held in the name of Owners Corporation Plan No. PS 308692B. s. 19 -- 30 of 36 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 28 6.1.18 Transitional provisions—Education and Training Reform Further Amendment Act 2010 (1) A lease of land, or an easement over or in respect of land, granted to or in favour of any person under the Mildura College Lands Act 1916 that existed before the repeal of that Act is taken to be granted under Division 2 of Part 5.7A. (2) Section 5.7A.10 does not apply in respect of a lease of land referred to in subsection (1) for the duration of the lease if the lease provides for a 10 year review of the rent on that lease. (3) Any application made to VCAT under section 2(ec) of the Mildura College Lands Act 1916 before the repeal of that Act that has not begun to be heard by VCAT is taken to be an application made to VCAT under section 5.7A.12. (4) If VCAT has begun to hear but has not given the final determination on a matter for review in respect of an application under section 2(ec) of the Mildura College Lands Act 1916 before the repeal of that Act, the matter may continue to be heard and determined as if the application were made under section 5.7A.12. (5) An agreement entered into between the Minister and a trustee company under section 2(f) of the Mildura College Lands Act 1916 before the repeal of that Act is taken to be an agreement entered into between the Minister and that trustee company under Division 3 of Part 5.7A. s. 19 -- 31 of 36 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 29 (6) Any fund established under section 2(fa)(i) of the Mildura College Lands Act 1916 before the repeal of that Act is taken to be a fund established under Division 3 of Part 5.7A and the money standing to the credit of that fund before that repeal must be dealt with in accordance with Division 3 of Part 5.7A. (7) The special fund established under section 3 of the Mildura College Lands Act 1916 before the repeal of that Act is taken to be the special fund established under Division 4 of Part 5.7A. (8) Any proceeds derived from the sale of land or the granting of an easement over or in respect of land under the Mildura College Lands Act 1916 or any other disposition in fee simple of any part of the land before the repeal of that Act must be dealt with in accordance with Division 4 of Part 5.7A as if the land were sold or the easement granted under Division 2 of Part 5.7A and the income derived from those proceeds must be applied in accordance with Division 3 of Part 5.7A. (9) For the purposes of Part 5.7A, until an Order is made under section 5.7A.6, a beneficiary school is taken to be any school listed as a beneficiary in Schedule 2 to the Mildura College Lands Act 1916 before the repeal of that Act. (10) Any reference in the recited indentures referred to in the preamble to the Mildura College Lands Act 1916 to an agricultural school or college is taken to be a reference to the beneficiary schools within the meaning of Part 5.7A.". s. 19 -- 32 of 36 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 30 20 Acting appointments (1) In clause 4(1) of Schedule 2 to the Principal Act, after "member" insert ", including a chairperson,". (2) In clause 4(2) of Schedule 2 to the Principal Act, for "member of" substitute "member (including a chairperson) of the Victorian Curriculum and Assessment Authority,". 21 Statute law revision In the heading to clause 11 of Schedule 2 to the Principal Act, for "Authority's" substitute "authority's". __________________ s. 20 -- 33 of 36 -- Part 3—Amendments and Repeals Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 31 PART 3—AMENDMENTS AND REPEALS Division 1—Amendments to other Act 22 Amendment to Education and Training Reform Amendment Act 2010 In section 32 of the Education and Training Reform Amendment Act 2010, in proposed new section 2.6.35C(3), for "registered medical practitioner or a registered health practitioner nominated by" substitute "registered health practitioner nominated by the Institute or". Division 2—Repeal of various Acts 23 Repeal of Mildura College Lands Act 1916 The Mildura College Lands Act 1916 is repealed. 24 Repeal of Mildura College Land (Ranfurly) Act 1992 The Mildura College Land (Ranfurly) Act 1992 is repealed. s. 22 See: Act No. 2842 and amending Act Nos 3522, 5830, 7963, 8860, 8987, 9495, 18/1989, 58/1990, 63/1992, 26/1995, 104/1995, 52/1998, 93/2004 and 24/2006. LawToday: www. legislation. vic.gov.au See: Act No. 63/1992. LawToday: www. legislation. vic.gov.au -- 34 of 36 -- Part 3—Amendments and Repeals Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 32 25 Repeal of Institute of Educational Administration (Repeal) Act 1993 The Institute of Educational Administration (Repeal) Act 1993 is repealed. 26 Repeal of Mildura College Lands (Amendment) Act 1995 The Mildura College Lands (Amendment) Act 1995 is repealed. Division 3—Repeal of amending Act 27 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. 25 See: Act No. 45/1993. LawToday: www. legislation. vic.gov.au See: Act No. 26/1995. -- 35 of 36 -- Education and Training Reform Further Amendment Act 2010 No. 28 of 2010 33 ENDNOTES † Minister's second reading speech— Legislative Assembly: 25 March 2010 Legislative Council: 15 April 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, to repeal the Mildura College Lands Act 1916 and to repeal the Institute of Educational Administration (Repeal) Act 1993 and other spent Acts and for other purposes." Endnotes -- 36 of 36 --