Education and Training Reform Further Amendment Act 2008

i Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 3 Principal Act 3 PART 2—AMENDMENTS TO THE EDUCATION AND TRAINING REFORM ACT 2006 4 4 Definitions in Part 2.4 4 5 Employment of teachers, principals and other staff 4 6 New section 2.4.3A inserted 4 2.4.3A Remuneration range for executives 4 7 Termination of a contract of employment 5 8 New Division 3A of Part 2.4 inserted 5 Division 3A—The Executive Class 5 2.4.23A Definitions 5 2.4.23B Classification of positions in the Executive Class 5 2.4.23C Contract of employment 6 2.4.23D Matters regulated by a contract of employment 6 2.4.23E Travelling and subsistence allowances etc. 7 2.4.23F Termination of a contract of employment 7 2.4.23G Vacancy of Executive Class position 8 2.4.23H Contracts prevail in certain circumstances 9 2.4.23I Division 5 of Part 3 of Public Administration Act 2004 not to apply 9 9 Section 2.4.43 substituted 9 2.4.43 Employment of members of the Principal Class or the Executive Class 9 10 Reviews 10 11 Review of appointment of principal 10 -- 1 of 37 -- Section Page ii 12 New Division 9A of Part 2.4 inserted 10 Division 9A—Unsatisfactory performance 10 2.4.59A Definitions 10 2.4.59B Secretary to establish procedures for the purposes of this Division 11 2.4.59C Defects in procedures will not invalidate determinations 12 2.4.59D Secretary's options on receiving a report 12 2.4.59E Notice to employee relating to determination 13 2.4.59F Determination of Secretary 14 2.4.59G Notice of determination 14 2.4.59H Conduct dealt with under this Division cannot form basis for Division 10 action 15 13 Amendment to Division heading 15 14 Grounds for action 15 15 New Division heading inserted 15 Division 10A—Appeals against determinations under Divisions 9A and 10 15 16 Appeal 15 17 Section 2.4.69 substituted 16 2.4.69 Reinstatement and payments after allowance of appeal against termination 16 18 Insertion of definition of TVET in Chapter 4 17 19 Delegation of Authority's power 17 20 New sections 4.2.7A and 4.2.7B inserted 18 4.2.7A Delegation of Authority's functions to TVET 18 4.2.7B Authority may enter into arrangements or agreements with TVET 20 21 Action after review 20 22 Amending, suspending or cancelling registration without application 20 23 Registering body to register amendment, suspension or cancellation 20 24 New section 4.3.37 inserted 21 4.3.37 Approval by Authority of training organisations to be managed by TVET 21 25 Investigation of a course or part of a course by Authority 23 26 Accreditation of a course or part of a course 23 27 Cancellation or suspension of accreditation 24 28 Review of higher education courses 24 29 Offences by unregistered persons 24 30 Offences in relation to courses and qualifications 24 31 Information may be made available 24 32 Section 5.2.6 substituted 25 5.2.6 Vesting of land in Minister administering this Act 25 -- 2 of 37 -- Section Page iii 33 Minister's power to fix fees 26 34 Amendment to Division heading 26 35 Arrangements for students from interstate 26 36 New section 6.1.9 inserted 26 6.1.9 Transitional provisions—Education and Training Reform Further Amendment Act 2008 26 37 New section 6.1.10 inserted 28 6.1.10 Transitional provision—Education and Training Reform Further Amendment Act 2008 28 38 New section 6.1.11 inserted 28 6.1.11 Transitional provision—Education and Training Reform Further Amendment Act 2008 28 39 Statute law revision amendments 29 40 Schedule 6—Ministerial orders 30 41 New Schedule 9 inserted 30 SCHEDULE 9—Names of registered proprietors of land acquired for education purposes 30 PART 3—AMENDMENT TO STATE SUPERANNUATION ACT 1988 32 42 Definitions 32 PART 4—REPEAL OF AMENDING ACT 33 43 Repeal of amending Act 33 ═══════════════ ENDNOTES 34 -- 3 of 37 -- 1 Education and Training Reform Further Amendment Act 2008 † No. 70 of 2008 [Assented to 25 November 2008] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The purposes of this Act are— (a) to amend the Education and Training Reform Act 2006— (i) to provide for the employment of executives in the teaching service and matters relating to that employment; and Victoria -- 4 of 37 -- Part 1—Preliminary Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 2 (ii) to provide for a process to deal with the unsatisfactory performance of employees in the teaching service; and (iii) to enable the Victorian Registration and Qualifications Authority to delegate certain functions relating to the registration of training organisations; and (iv) to clarify the registration of land acquired under various Education Acts for education purposes; and (v) to improve generally the operation of that Act; and (b) to amend the State Superannuation Act 1988 in relation to executives employed under the Education and Training Reform Act 2006. 2 Commencement (1) This Act (other than sections 4 to 16, 18 to 20, 24, 31, 33, 37, 40 and 42) comes into operation on the day after the day on which it receives the Royal Assent. (2) Subject to subsection (3), sections 4 to 16, 18 to 20, 24, 31, 33, 37, 40 and 42 come into operation on a day or days to be proclaimed. (3) If a provision referred to in subsection (2) does not come into operation before 1 November 2009, it comes into operation on that day. s. 2 -- 5 of 37 -- Part 1—Preliminary Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 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 No. 12/2008. LawToday: www. legislation. vic.gov.au -- 6 of 37 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 4 PART 2—AMENDMENTS TO THE EDUCATION AND TRAINING REFORM ACT 2006 4 Definitions in Part 2.4 (1) Insert the following definitions in section 2.4.1 of the Principal Act— "executive means a person employed in the teaching service as an executive; member of the Executive Class means a member of the teaching service who holds a position which has been classified to be a position in the Executive Class by the Secretary;". (2) In section 2.4.1 of the Principal Act, in the definition of member of the Principal Class, for "holds an on-going" substitute "is an on-going employee who holds a". 5 Employment of teachers, principals and other staff (1) After section 2.4.3(1)(b) of the Principal Act insert— "(ba) executives to perform duties in or outside a school; and". (2) In section 2.4.3(3)(f) of the Principal Act, before "determine" insert "subject to section 2.4.3A,". 6 New section 2.4.3A inserted After section 2.4.3 of the Principal Act insert— "2.4.3A Remuneration range for executives (1) The Minister, by Order, may fix a range of remuneration for executives, including a different range for each grade or class of executive. s. 4 -- 7 of 37 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 5 (2) The remuneration of an executive determined by the Secretary under section 2.4.3(3)(f) must fall within the range fixed by the Minister under this section for the grade or class of that executive.". 7 Termination of a contract of employment In section 2.4.19 of the Principal Act— (a) in subsection (3)— (i) for "an on-going position" substitute "a position"; (ii) for "other on-going position" substitute "other position"; (b) in subsection (4), for " an on-going position" substitute "a position". 8 New Division 3A of Part 2.4 inserted After Division 3 of Part 2.4 of the Principal Act insert— "Division 3A—The Executive Class 2.4.23A Definitions In this Division contract of employment means a contract of employment under this Division between a member of the Executive Class and the Secretary. 2.4.23B Classification of positions in the Executive Class There is established within the teaching service an Executive Class consisting of members of the teaching service who hold positions which have been declared by Ministerial Order to be positions in the Executive Class. s. 7 -- 8 of 37 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 6 2.4.23C Contract of employment (1) Subject to this Act, the employment of a member of the Executive Class must be governed by a contract of employment between the member and the Secretary. (2) The contract must be in writing and be signed by or on behalf of the Secretary and by the member. (3) A contract of employment must specify the date on which it expires which must not be more than 5 years after the date on which it came into force. (4) Subject to this Act, a member of the Executive Class— (a) holds a position in the Executive Class while a contract of employment to which he or she is a party remains in force for that position; and (b) continues to hold that position if a subsequent contract of employment is entered into for that position by him or her and the Secretary. (5) A contract of employment may be varied at any time by a further contract between the parties. (6) The term of the contract may not be increased beyond 5 years. 2.4.23D Matters regulated by a contract of employment A contract of employment between a member of the Executive Class and the Secretary may contain provisions concerning some or all of the terms and conditions of employment. s. 8 -- 9 of 37 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 7 2.4.23E Travelling and subsistence allowances etc. A member of the Executive Class is entitled to be paid— (a) any travelling or subsistence allowances; and (b) any allowances in relation to relocation expenses; and (c) any other allowances in relation to expenses incurred in the discharge of his or her duties— in accordance with a Ministerial Order. 2.4.23F Termination of a contract of employment (1) A contract of employment of a member of the Executive Class may be terminated— (a) in accordance with the terms of the contract; or (b) if the member's position is abolished or the member is dismissed or removed from the position or the member's employment is terminated or the member is reduced to a lower division, class, subdivision or grade or the member retires or resigns or has his or her services dispensed with in accordance with this Act or the Public Administration Act 2004; or (c) if the member ceases to be a member of the teaching service; or (d) in the absence of anything to the contrary in the contract, by either party to the contract giving 12 weeks notice of termination to the other party. s. 8 -- 10 of 37 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 8 (2) If a contract of employment of a member of the Executive Class expires or is terminated and the member does not enter into a further contract of employment, the member ceases to hold the position as a member of the Executive Class on the expiry or termination of the contract. (3) If a member of the Executive Class is an on- going employee, the Secretary may direct the employee to carry out any of the duties of a position in the Executive Class or may transfer the employee to any other position in the teaching service (including a position with terms and conditions of employment less favourable to the employee) that the Secretary considers appropriate and the terms and conditions of employment applicable to that position apply to the employee. (4) A person is not entitled to any compensation for termination of a contract of employment under subsection (1). 2.4.23G Vacancy of Executive Class position (1) The position of a member of the Executive Class becomes vacant if— (a) the employment to that position expires or is terminated or the member's contract of employment expires or is terminated, without a subsequent contract having been entered into for that position; or (b) the member is removed from that position or is dismissed from the teaching service or has his or her services dispensed with under this Act s. 8 -- 11 of 37 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 9 or the Public Administration Act 2004; or (c) the member retires or resigns in writing addressed to the Secretary. (2) This section does not affect any other provision by or under which a member of the Executive Class vacates his or her position. 2.4.23H Contracts prevail in certain circumstances If a member of the Executive Class enters into a contract of employment, the contract prevails to the extent of any inconsistency between— (a) the contract and sections 2.4.24 to 2.4.27; (b) the contract and any Ministerial Order except a Ministerial Order specifying remuneration packages. 2.4.23I Division 5 of Part 3 of Public Administration Act 2004 not to apply Nothing in Division 5 of Part 3 of the Public Administration Act 2004 applies to a position in the Executive Class declared under this Act or to a member of the Executive Class.". 9 Section 2.4.43 substituted For section 2.4.43 of the Principal Act substitute— "2.4.43 Employment of members of the Principal Class or the Executive Class Employment by transfer or promotion to a position in the Principal Class or the Executive Class must be made under a contract of employment under Division 3 or Division 3A respectively.". s. 9 -- 12 of 37 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 10 10 Reviews In section 2.4.51(1) of the Principal Act, after "principal" insert "or executive". 11 Review of appointment of principal In section 2.4.54(1)(b) of the Principal Act, after "principal in a school" insert "(other than as an executive)". 12 New Division 9A of Part 2.4 inserted After Division 9 of Part 2.4 of the Principal Act insert— "Division 9A—Unsatisfactory performance 2.4.59A Definitions In this Division— determination means a determination under section 2.4.59F; procedures means the procedures established by the Secretary under section 2.4.59B; report means a report prepared under the procedures; unsatisfactory performance, in relation to an employee, means the repeated failure of the employee to discharge his or her duties in the manner expected of the employee at his or her level in his or her position as evidenced by one or more of the following— (a) the negligent, inefficient or incompetent discharge by the employee of his or her duties; s. 10 -- 13 of 37 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 11 (b) the failure by the employee— (i) to exercise care and diligence in performing his or her duties; or (ii) to perform any of his or her duties; (c) the employee engaging in unsatisfactory conduct that impacts on the discharge of his or her duties including, without reasonable excuse— (i) contravening or failing to comply with a lawful direction given to the employee by a person with authority to give the direction; or (ii) being absent from his or her duties without permission. 2.4.59B Secretary to establish procedures for the purposes of this Division (1) The Secretary must establish procedures for— (a) the improvement and management of alleged unsatisfactory performance by employees; and (b) making determinations in respect of the unsatisfactory performance of employees and other related decisions under this Division. s. 12 -- 14 of 37 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 12 (2) The procedures must provide that a report may be prepared on any alleged unsatisfactory performance of an employee and for the report to be submitted to the Secretary for consideration under this Division. (3) The procedures established by the Secretary must comply with the principles of natural justice and must include or provide for— (a) the right of an employee to be informed of the nature of any alleged unsatisfactory performance in a report; and (b) the right of an employee to be heard in respect of his or her alleged unsatisfactory performance; and (c) the right of an employee to be treated fairly; and (d) fairness and good faith in decision making. 2.4.59C Defects in procedures will not invalidate determinations An inadvertent failure to comply with the procedures does not of itself affect any determination or action of the Secretary under this Division, unless that failure has resulted in an unfair or unjust determination. 2.4.59D Secretary's options on receiving a report (1) The Secretary must consider any report received under the procedures and may make any of the following decisions— (a) to defer a determination in respect of the employee until the Secretary receives a further report in relation to the employee; s. 12 -- 15 of 37 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 13 (b) to make a determination in respect of the employee; (c) to investigate any or all of the matters in the report under Division 10; (d) to proceed no further with any of the matters in the report. (2) If the Secretary decides to investigate any or all of the matters in a report under Division 10, the Secretary must not proceed further under this Division in relation to any of those matters investigated under Division 10. 2.4.59E Notice to employee relating to determination (1) Before making a determination the Secretary must give a notice to the employee in writing— (a) advising the employee of the allegation of unsatisfactory performance; and (b) advising the employee of the actions that may be taken by the Secretary under this Division; and (c) advising the employee that he or she may make a submission in writing addressing the matters in the report and the actions that may be taken by the Secretary; and (d) which is accompanied by a copy of the report and any further report. (2) A submission by an employee relating to a report must be received by the Secretary no later than 14 days after the employee is given notice under this section or any longer period permitted by the Secretary. s. 12 -- 16 of 37 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 14 2.4.59F Determination of Secretary (1) After giving notice under section 2.4.59E, the Secretary may make a determination as to whether or not there has been unsatisfactory performance by an employee. (2) In making a determination, the Secretary must— (a) take into account any report or further report received under section 2.4.59D; and (b) take into account any submission by the employee made in accordance with section 2.4.59E; and (c) comply with the procedures. (3) If the Secretary determines that there has been unsatisfactory performance by an employee, the Secretary may take any of the following actions against the employee— (a) a reprimand; (b) a reduction in the employee's classification; (c) termination of the employee's employment. 2.4.59G Notice of determination The Secretary must give notice in writing to an employee— (a) advising the employee of a determination made in respect of that employee including any action that the Secretary has taken against the employee; and s. 12 -- 17 of 37 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 15 (b) if the Secretary has taken any such action against the employee, advising the employee of his or her right of appeal to a Disciplinary Appeals Board. 2.4.59H Conduct dealt with under this Division cannot form basis for Division 10 action (1) Any conduct of an employee dealt with by a determination must not form a ground for any action that may be taken by the Secretary under Division 10. (2) Nothing in this section prevents the Secretary from taking an action under Division 10 based on conduct that is related or connected to the conduct dealt with by a determination, but which was not expressly stated or referred to in the report specifying the conduct dealt with under the determination.". 13 Amendment to Division heading In the heading to Division 10 of Part 2.4 of the Principal Act omit "and inefficiency". 14 Grounds for action In section 2.4.60(1)(d) of the Principal Act omit ", inefficient". 15 New Division heading inserted Before section 2.4.68 of the Principal Act insert the following heading— "Division 10A—Appeals against determinations under Divisions 9A and 10". 16 Appeal In section 2.4.68(1) of the Principal Act, for "this Division" substitute "Division 9A or 10". s. 13 -- 18 of 37 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 16 17 Section 2.4.69 substituted For section 2.4.69 of the Principal Act substitute— "2.4.69 Reinstatement and payments after allowance of appeal against termination (1) If an appeal is allowed in respect of an employee whose employment in the teaching service has been terminated, the Disciplinary Appeals Board may— (a) order that the employee be re-instated in the teaching service; and (b) order that an employee who is re- instated under this section be paid an amount that the Board considers appropriate in the circumstances to compensate for any loss of salary as a result of the termination; and (c) in the case of an employee who is not re-instated in the teaching service, order that the employee be paid an amount not exceeding the greater of— (i) the remuneration received by the employee during the period of 6 months immediately before the termination; or (ii) the remuneration to which the employee was entitled for the period of 6 months immediately before the termination. (2) In deciding an amount that is appropriate under subsection (1)(b), the Board may have regard to any relevant circumstances including whether the employee had obtained other employment before being re-instated. s. 17 -- 19 of 37 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 17 (3) An amount paid under subsection (1)(b) must not exceed the amount of remuneration that the employee would have been entitled to receive if he or she had not been terminated. (4) An employee who is re-instated in the teaching service must be treated as having had continuous service in the teaching service. (5) In the case of an employee who is re-instated in the teaching service, any period during which the employee was not performing the duties of his or her position due to having his or her employment terminated must be treated as leave without pay unless an order is made under subsection (1)(b) to compensate for the loss of salary during that period.". 18 Insertion of definition of TVET in Chapter 4 Insert the following definitions in section 4.1.1(1) of the Principal Act— "senior secondary course means a course leading to a senior secondary qualification; TVET means Technical and Vocational Education and Training Australia Limited ACN 062 758 632 and any successor in law of that body;". 19 Delegation of Authority's power In section 4.2.7(3)(a) of the Principal Act, for "Part 4.3" substitute "Part 4.4". s. 18 -- 20 of 37 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 18 20 New sections 4.2.7A and 4.2.7B inserted After section 4.2.7 of the Principal Act insert— "4.2.7A Delegation of Authority's functions to TVET (1) The Authority, by instrument under its common seal, may delegate— (a) any of the following functions of the Authority to TVET— (i) the functions under Divisions 3 and 4 of Part 4.3 relating to the registration of training organisations except— (A) the function under section 4.3.10 of registering a school with respect to a senior secondary course or a senior secondary qualification; or (B) the function under section 4.3.11(3); (ii) the functions under Division 4 of Part 4.3 relating to the suspension or cancellation, or the suspension of part of the scope, of the registration of an RTO; (iii) the functions under Division 4 of Part 4.3 relating to the amendment of the scope or conditions of, or the imposition of new conditions on, the registration of an RTO; (iv) the functions under Division 4 of Part 4.3 relating to the auditing of an RTO; s. 20 -- 21 of 37 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 19 (v) the functions under Division 2 of Part 4.4 relating to the recognition of completion of an accredited course or part of a course and the awarding, conferral or issuing of a registered qualification; (vi) the functions under Part 4.5 relating to the approval of an RTO to provide a course to overseas students, the review of that approval and the suspension, cancellation or revocation of, or imposition of a condition on, that approval, except the function under section 4.5.1(3); (vii) the functions under section 4.6.4 relating to the inclusion of RTOs on the National Register; and (b) any power of the Authority under section 4.2.3 for the purpose of performing a function delegated under this subsection. (2) A function delegated under subsection (1) may only be carried out by TVET in respect of a training organisation approved by the Authority under section 4.3.37. (3) Any fee charged by TVET for or in connection with a thing done by TVET under a function delegated under this section— (a) does not form part of money received by the Authority for the purposes of section 4.2.8(2)(c); and (b) may be retained by TVET. (4) In this section function includes power, authority or duty. s. 20 -- 22 of 37 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 20 4.2.7B Authority may enter into arrangements or agreements with TVET The Authority may enter into an arrangement or agreement with TVET in respect of matters connected with any delegation of a function by the Authority to TVET under section 4.2.7A.". 21 Action after review After section 4.3.4(2) of the Principal Act insert— "(2A) The Authority may substitute an action (other than the cancellation of registration) under subsection (2) in relation to a school with another action that is less onerous if the Authority considers that— (a) the school has partially complied with the requirements of the original action; and (b) the substituted action is sufficient to ensure that the school will comply with the prescribed minimum standards.". 22 Amending, suspending or cancelling registration without application In sections 4.3.21(2)(a) and 4.3.21(2)(b) of the Principal Act, after "registered conditions" insert ", or impose a new condition on the registration,". 23 Registering body to register amendment, suspension or cancellation In section 4.3.24(a) of the Principal Act, after "registered conditions" (where first occurring) insert "or the imposition of a new condition". s. 21 -- 23 of 37 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 21 24 New section 4.3.37 inserted After section 4.3.36 of the Principal Act insert— "4.3.37 Approval by Authority of training organisations to be managed by TVET (1) The Authority may, on the application of a training organisation, assess that organisation to determine whether it should be approved— (a) to apply to TVET— (i) to be registered on the State Register and the National Register; and (ii) for TVET to manage the registration of the organisation; or (b) if the organisation is an RTO, to apply to TVET to transfer the management of the RTO's registration to TVET. (2) An application for an approval under this section must be in the form approved by the Authority. (3) The applicant must give the Authority any further information it requires to investigate and decide the application. (4) The Authority must not approve an organisation under this section unless it is satisfied that the organisation meets the criteria published by the Authority for the purposes of this section. (5) The Authority may revoke an approval under this section if— (a) the Authority is no longer satisfied that the holder of the approval meets the criteria published by the Authority for the purposes of this section; or s. 24 -- 24 of 37 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 22 (b) the Authority revokes the delegation under section 4.2.7A of its functions to TVET; or (c) the holder of the approval requests that the approval be revoked; or (d) the Authority considers, in the circumstances, that it is in the public interest to revoke the approval. (6) The Authority must give notice in writing to the holder of an approval that the Authority has revoked the approval. (7) The revocation of an approval takes effect— (a) when notice of the revocation is given to the holder of that approval; or (b) if a later date is specified in the notice, on that date. (8) On revocation of an approval of an organisation under this section, the functions relating to the registration of the organisation or the management of that registration revert to the Authority. (9) In this section, manage, in relation to the registration of a training organisation approved under this section, means the performance of any function that may be delegated to TVET by the Authority under section 4.2.7A. Note The type of training organisation that may be approved under this section will typically be an organisation that currently or will principally operate in Victoria and also operate in at least one other Australian jurisdiction.". s. 24 -- 25 of 37 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 23 25 Investigation of a course or part of a course by Authority In section 4.4.1 of the Principal Act— (a) in subsection (4), after "the course" insert "or part of the course"; (b) in subsections (6) and (7), after "the course" insert "or part of the course". 26 Accreditation of a course or part of a course In section 4.4.2 of the Principal Act— (a) in subsection (1), after "may accredit a course" insert "or a part of a course"; (b) in subsection (1)(a), after "which the course" insert "or part of the course"; (c) in subsection (1)(a)(i), for "of a course" substitute "of the course"; (d) in subsection (1)(a)(ii), for "of a course" (where secondly occurring) substitute "of the course"; (e) in subsections (1)(b) and (1)(c), for "of a course" (where twice occurring) substitute "of the course"; (f) in subsections (3)(b) and (3)(c), after "course of study" (wherever occurring) insert "or part of the course"; (g) in subsection (5), after "course" insert "or part of a course"; (h) in subsections (6) and (7), after "course" insert "or part of the course"; (i) in subsection (8), after "course" insert "or part of a course". s. 25 -- 26 of 37 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 24 27 Cancellation or suspension of accreditation In section 4.4.3 of the Principal Act— (a) in subsection (1)— (i) after "accreditation of a course" insert "or part of a course; (ii) after "that the course" insert "or part of the course". (b) in subsection (2), after "course" insert "or part of such a course". 28 Review of higher education courses In section 4.4.4 of the Principal Act— (a) after "course of study" (where first and secondly occurring) insert "or part of the course"; (b) after "higher education course of study" insert "or part of such a course". 29 Offences by unregistered persons Section 4.7.2(3)(a) of the Principal Act is repealed. 30 Offences in relation to courses and qualifications Section 4.7.4(3) of the Principal Act is repealed. 31 Information may be made available (1) After section 4.9.4(1) of the Principal Act insert— "(1A) The Authority may disclose to a person, who has been delegated functions of the Authority under section 4.2.7A, any information it has about the performance of an RTO.". (2) In section 4.9.4(2) of the Principal Act, for "subsection (1)" (where twice occurring) substitute "subsection (1) or (1A)". s. 27 -- 27 of 37 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 25 32 Section 5.2.6 substituted For section 5.2.6 of the Principal Act substitute— "5.2.6 Vesting of land in Minister administering this Act (1) All land acquired for the purposes of this Act by a Minister administering this Act is vested in the Minister administering the Education and Training Reform Act 2006. (2) The Minister administering the Education and Training Reform Act 2006 is deemed to be the registered proprietor of land that is vested in the Minister under subsection (1). (3) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title, must make any amendments in the Register that are necessary because of the operation of subsection (1) or (2). (4) The Minister administering the Education and Training Reform Act 2006 may sell or otherwise dispose of any land vested in the Minister and may do all things necessary and execute all necessary documents for that purpose. (5) The proceeds of every sale or disposition of an interest in fee simple in land must be paid into the Consolidated Fund. (6) In this section the Minister administering the Education and Training Reform Act 2006 means any Minister of the Crown for the time being administering this section.". s. 32 -- 28 of 37 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 26 33 Minister's power to fix fees After section 5.2.13(1) of the Principal Act insert— "(1A) The Minister, when fixing a fee under subsection (1) that may be charged by, or is required to be paid to, the Authority for or in connection with a thing done by the Authority, may fix a different higher fee if the thing is to be done by a person performing a function delegated by the Authority under section 4.2.7A.". 34 Amendment to Division heading In the heading to Division 1 of Part 5.4 of the Principal Act, after "experience" insert "and structured workplace learning arrangements". 35 Arrangements for students from interstate Section 5.4.12(3) of the Principal Act is repealed. 36 New section 6.1.9 inserted After section 6.1.8 of the Principal Act insert— "6.1.9 Transitional provisions—Education and Training Reform Further Amendment Act 2008 (1) The following land acquired before the commencement of section 32 of the Education and Training Reform Further Amendment Act 2008 for the purposes of this Act or a corresponding previous enactment is vested in the Minister administering the Education and Training Reform Act 2006— (a) land held in any of the names listed in Schedule 9; s. 33 -- 29 of 37 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 27 (b) land held in the name of a Minister administering an Education Act (however described); (c) land held in the name of the Minister administering the Tertiary Education Act or any corresponding previous enactment (however described); (d) land held in the name of a Minister for Education (however described); (e) land held in the name of the Minister for Skills and Workforce Participation in relation only to the land described in the following folios of the register— (i) Vol. 11036 Folio 884; (ii) Vol. 11036 Folio 885; (f) land held in a name that is substantially the same as any name referred to in paragraphs (a) to (d). (2) The Minister administering the Education and Training Reform Act 2006 is deemed to be the registered proprietor of all land that is vested in the 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 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, must make any amendments in the Register that are necessary because of the operation of this section. s. 36 -- 30 of 37 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 28 (5) In this section the Minister administering the Education and Training Reform Act 2006 means any Minister of the Crown for the time being administering section 5.2.6.". 37 New section 6.1.10 inserted After section 6.1.9 of the Principal Act insert— "6.1.10 Transitional provision—Education and Training Reform Further Amendment Act 2008 Division 9A inserted by section 12 of the Education and Training Reform Further Amendment Act 2008 may apply in respect of the conduct of an employee in the teaching service that occurred before the commencement of section 12 of that Act unless before that commencement an investigation or an inquiry under Division 10 into that conduct has been commenced.". 38 New section 6.1.11 inserted At the end of Chapter 6 of the Principal Act insert— "6.1.11 Transitional provision—Education and Training Reform Further Amendment Act 2008 (1) Despite the repeal of sections 4.7.2(3)(a) and 4.7.4(3) by sections 29 and 30 of the Education and Training Reform Further Amendment Act 2008 respectively, sections 4.7.2(3)(a) and 4.7.4(3) as in force immediately before the commencement day continue to apply in respect of a school, that is deemed under clause 1.5 of Schedule 8 to be registered as a school under this Act, until 1 July 2012 or, if any of the following events occurs before that date, until that event occurs— s. 37 -- 31 of 37 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 29 (a) the Authority suspends or cancels the school's registration; (b) in the case of a school that offered either the VCE, VCAL or the International Baccalaureate Diploma or more than one of those courses, before the commencement day, the school is no longer able to continue to provide that course or any of those courses so offered because of one or more of the following— (i) the Victorian Curriculum and Assessment Authority withdraws its acceptance of the school's ability to offer the course or courses; (ii) the International Baccalaureate Organisation withdraws its approval of the school's ability to offer the International Baccalaureate Diploma. (2) In this section commencement day means the date of commencement of sections 29 and 30 of the Education and Training Reform Further Amendment Act 2008.". 39 Statute law revision amendments (1) In sections 5.3A.4 and 5.3A.18 of the Principal Act omit "and (g)" (wherever occurring). (2) In section 5.8.3(3)(b) of the Principal Act omit "section". s. 39 -- 32 of 37 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 30 40 Schedule 6—Ministerial orders (1) For clause 8.1 in Schedule 6 to the Principal Act substitute— "8.1 Specifying or providing for ranges of remuneration packages for— (a) members of the Principal Class or a class of members of the Principal Class; or (b) members of the Executive Class or a class of members of the Executive Class.". (2) After clause 8.1 in Schedule 6 to the Principal Act insert— "8.1A Fixing a range of remuneration for executives, including a different range for each grade or class of executive.". (3) In clause 8.4 in Schedule 6 to the Principal Act after "Principal Class" insert "or the Executive Class". 41 New Schedule 9 inserted After Schedule 8 to the Principal Act insert— "SCHEDULE 9 Section 6.1.9 NAMES OF REGISTERED PROPRIETORS OF LAND ACQUIRED FOR EDUCATION PURPOSES Department of Education. Minister for Education and Training. Minister for the Crown administering the Education and Training Reform Act 2006. s. 40 -- 33 of 37 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 31 Office of the Crown administering the Education Acts. The Board of Education. The Minister of Public Education. The Minister of Public Instruction. The Minister of School Education. ". __________________ s. 41 -- 34 of 37 -- Part 3—Amendment to State Superannuation Act 1988 Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 32 PART 3—AMENDMENT TO STATE SUPERANNUATION ACT 1988 42 Definitions For section 3(2)(e) of the State Superannuation Act 1988 substitute— "(e) if a person to whom paragraph (d) applies is a member of the Principal Class within the meaning of Part 2.4 of the Education and Training Reform Act 2006, or a member of the Executive Class within the meaning of that Part and immediately before becoming a member of the Executive Class was a member of the Principal Class, the salary specified for the purpose of paragraph (d) must not exceed— (i) in the case of a person who was a member of the new scheme on 31 January 1995, a maximum of 90⋅9 per cent of the person's remuneration package; or (ii) in any other case, a maximum of 82⋅3 per cent of the person's remuneration package.". __________________ s. 42 See: Act No. 50/1988. Reprint No. 6 as at 1 December 2005 and amending Act Nos 97/2005, 24/2006, 37/2007, 12/2008 and 43/2008. LawToday: www. legislation. vic.gov.au -- 35 of 37 -- Part 4—Repeal of Amending Act Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 33 PART 4—REPEAL OF AMENDING ACT 43 Repeal of amending Act This Act is repealed on 1 November 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). ═══════════════ s. 43 -- 36 of 37 -- Education and Training Reform Further Amendment Act 2008 No. 70 of 2008 34 ENDNOTES † Minister's second reading speech— Legislative Assembly: 9 October 2008 Legislative Council: 30 October 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 the State Superannuation Act 1988 and for other purposes." Endnotes -- 37 of 37 --