Education and Training Reform Amendment Act 2008

Education and Training Reform Amendment Act 2008 No. 19 of 2008 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 2 3 Principal Act 2 4 Definitions 3 5 Functions of Victorian Curriculum and Assessment Authority 3 6 Decision on report 5 7 New section 2.5.21A inserted 5 2.5.21A Review of reprimand by nominated appeals committee member 5 8 Minister to nominate member of appeals committee 7 9 Functions of Victorian Registration and Qualifications Authority 7 10 Delegation of Secretary's powers 7 11 New Part 5.3A inserted 8 PART 5.3A—VICTORIAN STUDENT NUMBERS AND STUDENT REGISTER 8 Division 1—Introductory 8 5.3A.1 Definitions 8 5.3A.2 Application of Part 8 Division 2—Victorian student numbers and the Student Register 9 5.3A.3 Requirements for allocation or verification of Victorian student numbers 9 5.3A.4 Information to be provided to Secretary 9 5.3A.5 Secretary must allocate or verify Victorian student number 10 5.3A.6 Secretary to notify provider or Authority of Victorian student number 10 5.3A.7 Secretary must establish Student Register 11 5.3A.8 Secretary to maintain Student Register 11 i -- 1 of 23 -- Section Page Division 3—Access, use or disclosure of Victorian student numbers and related information 11 5.3A.9 Authorisations for use of Victorian student numbers or related information 11 5.3A.10 Authorised users must only act in accordance with authorisation 13 5.3A.11 Student, parent or guardian may access Student Register information 13 5.3A.12 Secretary to provide copy of information to students, parents or guardians 14 5.3A.13 Student may use or disclose his or her Victorian student number 14 5.3A.14 Prohibition on Secretary's use or disclosure 14 5.3A.15 False representation 15 Division 4—Implementation of allocation of Victorian student numbers 15 5.3A.16 Definition 15 5.3A.17 Secretary to allocate current students with Victorian student numbers 15 5.3A.18 Secretary may request information relating to students 16 12 Regulations 17 8A Victorian student numbers 17 13 Repeal of spent provisions 17 14 Correction of numbering 18 15 New section 6.1.8 inserted 18 6.1.8 Transitional provision—overseas exchange students 18 16 Amendment to Swinburne University of Technology Act 1992 19 17 Amendment to Victoria University of Technology Act 1990 19 18 Amendment to Working with Children Act 2005 19 19 Repeal of amending Act 20 ═══════════════ ENDNOTES 21 ii -- 2 of 23 -- Victoria Education and Training Reform Amendment Act 2008† No. 19 of 2008 [Assented to 21 May 2008] The Parliament of Victoria enacts: 1 Purpose The main purpose of this Act is to amend the Education and Training Reform Act 2006— (a) to provide for students to be allocated with Victorian student numbers; and (b) to establish and provide for the maintenance of a Student Register; and 1 -- 3 of 23 -- Education and Training Reform Amendment Act 2008 No. 19 of 2008 s. 2 (c) to enable the chief executive officer of the Victorian Curriculum and Assessment Authority to issue reprimands to students in relation to minor breaches of examination rules; and (d) to make changes to the functions of the Victorian Curriculum and Assessment Authority relating to early childhood and testing of students; and (e) to make other amendments to improve the operation of the Education and Training Reform Act 2006. 2 Commencement (1) Sections 1, 2, 3 and 13 to 18 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision of this Act does not come into operation before 1 January 2009, 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. See: Act No. 24/2006 and amending Act Nos 80/2006, 28/2007 and 58/2007. LawToday: www. legislation. vic.gov.au 2 -- 4 of 23 -- Education and Training Reform Amendment Act 2008 No. 19 of 2008 s. 4 4 Definitions In section 1.1.3(1) of the Principal Act insert the following definitions— "early childhood means the period of childhood up to 6 years of age; Student Register means the Student Register established under Part 5.3A; Victorian student number means the number allocated to a student by the Secretary under Part 5.3A;". 5 Functions of Victorian Curriculum and Assessment Authority (1) After section 2.5.3(2)(a) of the Principal Act insert— "(ab) develop policies, criteria and standards for learning, development and assessments, which relate to early childhood;". (2) After section 2.5.3(2)(i) of the Principal Act insert— "(ia) conduct assessments against national standards for measuring and reporting on student performance; (ib) develop and maintain standards for measuring and reporting on early childhood learning and development; (ic) arrange for other persons, bodies or agencies to conduct assessments against the standards for measuring and reporting on early childhood learning and development;". 3 -- 5 of 23 -- Education and Training Reform Amendment Act 2008 No. 19 of 2008 s. 5 (3) For section 2.5.3(2)(p) of the Principal Act substitute— "(p) make available to the general public information collected by the Authority on— (i) results of schooling as measured by assessments of student performance; and (ii) early childhood learning and development; and (iii) other statistical information relating to the Authority's functions;". (4) In section 2.5.3(2)(t) of the Principal Act, after "performance" insert "as measured by assessments conducted against standards (including national standards)". (5) After section 2.5.3(2)(t) of the Principal Act insert— "(ta) with the approval of the Minister, report on student performance as measured by assessments conducted against national standards to a body or person approved by the Minister; (tb) report on the results of assessments relating to early childhood learning and development to the Minister, the Secretary and relevant bodies;". (6) After section 2.5.3(4) of the Principal Act insert— "(5) Any information made available to the general public by the Authority in carrying out its function under subsection (2)(p) must not include any personal information relating to any individual student or child.". 4 -- 6 of 23 -- Education and Training Reform Amendment Act 2008 No. 19 of 2008 s. 6 6 Decision on report (1) For the heading to section 2.5.13 of the Principal Act substitute— "Decision on report". (2) For section 2.5.13(1) of the Principal Act substitute— "(1) The chief executive officer of the Authority, after considering a report submitted in accordance with section 2.5.12(6), may— (a) if the report relates to a student's suspected contravention of the examination rules of the Authority, which the chief executive officer considers to be of a minor nature, issue a written reprimand to the student; or (b) make a request to the Authority that a review committee conduct a hearing into the matter under investigation. (1A) If the chief executive officer of the Authority issues a written reprimand under subsection (1)(a), the chief executive officer must also provide in writing to the student his or her reasons for issuing the reprimand.". 7 New section 2.5.21A inserted After section 2.5.21 of the Principal Act insert— "2.5.21A Review of reprimand by nominated appeals committee member (1) A student affected by a decision of the chief executive officer of the Authority under section 2.5.13(1)(a), may apply for review, by the nominated member, of the decision on one or both of the following grounds— (a) the decision to issue the reprimand was unreasonable; 5 -- 7 of 23 -- Education and Training Reform Amendment Act 2008 No. 19 of 2008 s. 7 (b) the decision to issue the reprimand was too harsh. (2) An application under subsection (1) must be made by notice in writing to the chief executive officer of the Authority not later than 10 days after the day on which the affected student received the reprimand. (3) The chief executive officer of the Authority must refer an application under subsection (1) to the nominated member for determination. (4) A student may make a written submission to the nominated member but is not entitled to be heard in support of the written submission or to appear before the nominated member. (5) The nominated member must review the decision made by the chief executive officer of the Authority having regard to— (a) all the documents before the chief executive officer of the Authority; and (b) the written decision of the chief executive officer of the Authority; and (c) any written submission made by the student. (6) In determining an application for review of a decision made by the chief executive officer of the Authority under section 2.5.13(1)(a), the nominated member may— (a) affirm the decision to issue the reprimand; or (b) set aside the decision to issue the reprimand. 6 -- 8 of 23 -- Education and Training Reform Amendment Act 2008 No. 19 of 2008 s. 8 (7) The nominated member must notify the Authority without delay of his or her determination of an application for review under this section. (8) The Minister may, by Order published in the Government Gazette, fix rules with respect to the procedure to be followed on applications for review under this section. (9) In this section nominated member means the member of an appeals committee nominated by the Minister under section 2.5.23(7).". 8 Minister to nominate member of appeals committee After section 2.5.23(6) of the Principal Act insert— "(7) The Minister must nominate a member of an appeals committee for the purposes of section 2.5.21A. (8) The Minister must ensure that there is a member of an appeals committee nominated under subsection (7) at all times.". 9 Functions of Victorian Registration and Qualifications Authority For section 4.2.2(1)(o) of the Principal Act substitute— "(o) perform any other function conferred on or delegated to the Authority by or under this or any other Act.". 10 Delegation of Secretary's powers In section 5.3.3(1) of the Principal Act, after "person" insert "(including a statutory authority established or continued under this Act)". 7 -- 9 of 23 -- Education and Training Reform Amendment Act 2008 No. 19 of 2008 s. 11 11 New Part 5.3A inserted After Part 5.3 of the Principal Act insert— "PART 5.3A—VICTORIAN STUDENT NUMBERS AND STUDENT REGISTER Division 1—Introductory 5.3A.1 Definitions In this Part— authorised user means a person or body or class of person or body authorised under section 5.3A.9; disclose in relation to related information includes divulge or communicate to any person or body; education or training provider means 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; related information means, in respect of a Victorian student number, the information contained in the Student Register relating to the student allocated with that number; student includes a child. 5.3A.2 Application of Part This Part applies to students of less than 25 years of age. 8 -- 10 of 23 -- Education and Training Reform Amendment Act 2008 No. 19 of 2008 s. 11 Division 2—Victorian student numbers and the Student Register 5.3A.3 Requirements for allocation or verification of Victorian student numbers (1) An education or training provider must, at the time of enrolling a student in a course or program of study or training, apply to the Secretary— (a) to allocate a Victorian student number to the student; or (b) if a Victorian student number has previously been allocated to the student, to verify that number. (2) The Authority must, at the time of registering a student for home schooling, apply to the Secretary— (a) to allocate a Victorian student number to the student; or (b) if a Victorian student number has previously been allocated to the student, to verify that number. 5.3A.4 Information to be provided to Secretary (1) An education or training provider or the Authority must— (a) provide to the Secretary, with an application under section 5.3A.3(1)(a) or 5.3A.3(2)(a), the information set out in paragraphs (b) to (e) and (g) of section 5.3A.7; and (b) provide to the Secretary, with an application under section 5.3A.3(1)(b) or 5.3A.3(2)(b), the information set out in paragraphs (a) to (e) and (g) of section 5.3A.7. 9 -- 11 of 23 -- Education and Training Reform Amendment Act 2008 No. 19 of 2008 s. 11 (2) The relevant education or training provider or the Authority must notify the Secretary of any changes to the information provided under this section, including any cancellation of enrolment or registration for home schooling of the student, as soon as possible after the change. 5.3A.5 Secretary must allocate or verify Victorian student number (1) The Secretary must allocate a Victorian student number to a student— (a) on receiving an application from an education or training provider under section 5.3A.3(1)(a) relating to the enrolment of the student; or (b) on receiving an application from the Authority under section 5.3A.3(2)(a) relating to the registration of the student for home schooling. (2) Subsection (1) does not apply if the Secretary has previously allocated a Victorian student number to the student. (3) The Secretary must verify the Victorian student number previously allocated to a student on receiving an application from an education or training provider under section 5.3A.3(1)(b) or from the Authority under section 5.3A.3(2)(b) in relation to the student. 5.3A.6 Secretary to notify provider or Authority of Victorian student number The Secretary must notify the relevant education or training provider or the Authority (as the case requires) of the Victorian student number allocated to a student under section 5.3A.5(1). 10 -- 12 of 23 -- Education and Training Reform Amendment Act 2008 No. 19 of 2008 s. 11 5.3A.7 Secretary must establish Student Register The Secretary must establish and maintain a Student Register containing the following information received by the Secretary under this Part relating to any student allocated with a Victorian student number— (a) the student's Victorian student number; (b) the student's full name; (c) the student's date of birth; (d) the gender of the student; (e) the date of enrolment of the student by an education or training provider or registration of the student for home schooling (as the case requires); (f) the date of cancellation of enrolment of the student by an education or training provider or cancellation of registration of the student for home schooling (as the case requires). 5.3A.8 Secretary to maintain Student Register The Secretary must ensure that any information recorded in the Student Register that relates to a student is corrected if the Secretary is informed of any change to that information under section 5.3A.4(2). Division 3—Access, use or disclosure of Victorian student numbers and related information 5.3A.9 Authorisations for use of Victorian student numbers or related information (1) The Secretary may authorise any of the following persons, bodies or classes of person or body to access, use or disclose one 11 -- 13 of 23 -- Education and Training Reform Amendment Act 2008 No. 19 of 2008 s. 11 or more Victorian student numbers or related information— (a) the Victorian Curriculum and Assessment Authority; (b) the Victorian Registration and Qualifications Authority; (c) any education or training provider; (d) any person employed under Part 3 of the Public Administration Act 2004 in the Department whose duties include the analysis and evaluation of information relating to students. (2) An authorisation under subsection (1) may authorise the access, use or disclosure of one or more Victorian student numbers or related information for any or all of the following purposes— (a) monitoring and ensuring student enrolment and attendance; (b) ensuring education or training providers and students receive appropriate resources; (c) statistical purposes relating to education or training; (d) research purposes relating to education or training; (e) ensuring students' educational records are accurately maintained. (3) The Secretary must publish notice of an authorisation under subsection (1) in the Government Gazette. 12 -- 14 of 23 -- Education and Training Reform Amendment Act 2008 No. 19 of 2008 s. 11 (4) An authorisation under subsection (1)— (a) takes effect on the date that the notice is published in the Government Gazette or a later date specified in the notice; and (b) may be subject to conditions. (5) An authorisation under subsection (1) must not authorise the disclosure of personal information that relates to an individual student. 5.3A.10 Authorised users must only act in accordance with authorisation (1) An authorised user must not access, use or disclose the Victorian student number allocated to a student or any related information otherwise than in accordance with an authorisation under section 5.3A.9. (2) An authorised user, other than a statutory authority, who fails to comply with subsection (1) is guilty of an offence and liable to a penalty not exceeding 30 penalty units. 5.3A.11 Student, parent or guardian may access Student Register information (1) A student or a student's parent or guardian may apply to the Secretary for a copy of the information recorded in the Student Register relating to that student. (2) An application under subsection (1) must— (a) be in the manner and form approved by the Secretary; and (b) be accompanied by— (i) evidence of the applicant's identity to the satisfaction of the Secretary; and 13 -- 15 of 23 -- Education and Training Reform Amendment Act 2008 No. 19 of 2008 s. 11 (ii) in the case of a parent or guardian, evidence of the applicant's relationship to the student to the satisfaction of the Secretary. 5.3A.12 Secretary to provide copy of information to students, parents or guardians (1) If a student or the student's parent or guardian applies for a copy of the information recorded in the Student Register relating to the student in accordance with section 5.3A.11, the Secretary must provide a copy of that information to the student, parent or guardian. (2) Subsection (1) does not apply to the provision of information to a parent or guardian if an order of a court or tribunal prevents or restricts access by the parent or guardian to that student. 5.3A.13 Student may use or disclose his or her Victorian student number Despite anything to the contrary in this Part, a student may use or disclose the Victorian student number allocated to him or her for any lawful purpose. 5.3A.14 Prohibition on Secretary's use or disclosure The Secretary must not use, or disclose to any person or body, the Victorian student number allocated to a student or any related information except— (a) to an authorised user in accordance with the authorisation of that authorised user; or (b) to the student, or parent or guardian of that student under section 5.3A.12; or 14 -- 16 of 23 -- Education and Training Reform Amendment Act 2008 No. 19 of 2008 s. 11 (c) in the exercise of any other function, power or duty under this Part. 5.3A.15 False representation A person must not wilfully make or cause to be made any false or misleading statement, or provide any false or misleading information, in any matter relating to— (a) the allocation of a Victorian student number; or (b) registration on, or access to, the Student Register. Penalty: 10 penalty units. Division 4—Implementation of allocation of Victorian student numbers 5.3A.16 Definition In this Division, commencement date means the day that section 11 of the Education and Training Reform Amendment Act 2008 comes into operation. 5.3A.17 Secretary to allocate current students with Victorian student numbers (1) The Secretary must allocate the following students with a Victorian student number as soon as is practicable— (a) any student who, immediately before the commencement date, was enrolled with an education or training provider and is still enrolled with that provider; (b) any student who, immediately before the commencement date, was registered for home schooling by the Authority and is still registered for home schooling. 15 -- 17 of 23 -- Education and Training Reform Amendment Act 2008 No. 19 of 2008 s. 11 (2) On allocating a Victorian student number under subsection (1), the Secretary must notify the relevant education or training provider or the Authority (as the case requires) of the Victorian student number allocated to the student. (3) Subsection (1) does not apply if— (a) the Secretary has previously allocated the student with a Victorian student number under section 5.3A.5(1); or (b) the student— (i) is no longer enrolled with any education or training provider; or (ii) has ceased to be registered for home schooling. 5.3A.18 Secretary may request information relating to students (1) For the purposes of section 5.3A.17, the Secretary may request— (a) an education or training provider to provide the information set out in paragraphs (b) to (e) and (g) of section 5.3A.7 relating to any student who— (i) was enrolled with the provider immediately before the commencement date; and (ii) is still enrolled with that provider at the date of the request; or (b) the Authority to provide the information set out in paragraphs (b) to (e) and (g) of section 5.3A.7 relating to any student who— 16 -- 18 of 23 -- Education and Training Reform Amendment Act 2008 No. 19 of 2008 s. 12 (i) was registered for home schooling immediately before the commencement date; and (ii) is still registered for home schooling at the date of the request. (2) An education or training provider or the Authority must comply with any request under subsection (1) as soon as is practicable. 5.3A.19 Appointed days for application of section 5.3A.3 to providers (1) Despite section 5.3A.3, that section does not apply to a specific class of education or training provider until a day appointed by the Minister under this section. (2) The Minister may, by Order published in the Government Gazette, appoint a day (being a day not later than 31 December 2010) for the application of section 5.3A.3 to a class of education or training provider specified in that Order.". 12 Regulations After clause 8 of Schedule 5 to the Principal Act insert— "8A Victorian student numbers The procedures and requirements relating to the allocation of Victorian student numbers to students, including students that are home schooled.". 13 Repeal of spent provisions Sections 6.1.1 and 6.1.2 of, and Schedule 7 to, the Principal Act are repealed. 17 -- 19 of 23 -- Education and Training Reform Amendment Act 2008 No. 19 of 2008 s. 14 14 Correction of numbering The Principal Act is amended as follows— (a) in section 4.5.4A, for "4.5.4A" substitute "4.5A.1"; (b) in section 4.5.4B— (i) for "4.5.4B" substitute "4.5A.2"; (ii) for "4.5.4A" substitute "4.5A.1"; (c) in section 4.5.4C, for "4.5.4C" substitute "4.5A.3"; (d) in section 4.5.4D— (i) for "4.5.4D" substitute "4.5A.4"; (ii) in subsection (1), for "4.5.4A" substitute "4.5A.1; (iii) in subsection (3), for "4.5.4A, 4.5.4B and 4.5.4F" substitute "4.5A.1, 4.5A.2 and 4.5A.6; (e) in section 4.5.4E, for "4.5.4E" substitute "4.5A.5"; (f) in section 4.5.4F— (i) for "4.5.4F" substitute "4.5A.6"; (ii) for "4.5.4B" substitute "4.5A.2"; (g) in section 5.8.3(3)(l), for "4.5.4A" substitute "4.5A.1". 15 New section 6.1.8 inserted After section 6.1.7 of the Principal Act insert— "6.1.8 Transitional provision—overseas exchange students Anything done before the commencement of section 14 of the Education and Training Reform Amendment Act 2008 under a provision of Part 4.5A that is renumbered by 18 -- 20 of 23 -- Education and Training Reform Amendment Act 2008 No. 19 of 2008 s. 16 that section 14, is taken in respect of any period after that commencement to have been done under that provision as renumbered by that section 14.". 16 Amendment to Swinburne University of Technology Act 1992 See: Act No. 44/1992. Reprint No. 4 as at 1 August 2003 and amending Act Nos 40/2005 and 24/2006. LawToday: www. legislation. vic.gov.au In section 25(4)(d) of the Swinburne University of Technology Act 1992, for "section section" substitute "section". 17 Amendment to Victoria University of Technology Act 1990 See: Act No. 21/1990. Reprint No. 3 as at 1 August 2003 and amending Act Nos 40/2005 and 24/2006. LawToday: www. legislation. vic.gov.au In section 25(4)(d) of the Victoria University of Technology Act 1990, for "section section" substitute "section". 18 Amendment to Working with Children Act 2005 See: Act No. 57/2005. Reprint No. 1 as at 1 December 2006 and amending Act Nos 24/2006, 48/2006 and 56/2007. LawToday: www. legislation. vic.gov.au In section 30(1) of the Working with Children Act 2005 for "Victorian Institute of Teaching Act 2001" substitute "Education and Training Reform Act 2006". 19 -- 21 of 23 -- Education and Training Reform Amendment Act 2008 No. 19 of 2008 s. 19 19 Repeal of amending Act This Act is repealed on 1 January 2010. 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). ═══════════════ 20 -- 22 of 23 -- Education and Training Reform Amendment Act 2008 No. 19 of 2008 Endnotes ENDNOTES † Minister's second reading speech— Legislative Assembly: 12 March 2008 Legislative Council: 17 April 2008 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." 21 -- 23 of 23 --