Education and Training Reform Miscellaneous Amendments Act 2007

Education and Training Reform Miscellaneous Amendments Act 2007 No. 58 of 2007 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 3 Principal Act 2 PART 2—AMENDMENT OF EDUCATION AND TRAINING REFORM ACT 2006 3 4 Definition 3 5 Employment or engagement of teachers and other staff in schools 3 6 Membership of Merit Protection Boards 3 7 Establishment of committees 3 8 Non-practising registration 4 9 New section 2.6.22A inserted 4 2.6.22A Routine criminal record check 4 10 New Division 7A of Part 2.6 inserted 5 Division 7A—Details of teachers in schools 5 2.6.26A Institute may request details of teachers in schools 5 11 Employer to notify Institute of action against teacher 5 12 Functions of the Commission 6 13 Performance agreements and financial powers 6 14 Incorporation of TAFE institute boards 6 15 Functions of TAFE institute boards 7 16 Board directorship 7 17 Reserve powers of Minister 7 18 Membership of the Board 7 19 Chief Executive Officer—adult education institution 7 20 Section 3.3.43 substituted 8 3.3.43 Chief executive officers 8 21 Functions of Authority 9 22 Membership of Authority 9 23 Prescribed minimum standards for registration 9 24 Authority to register students for home schooling 9 i -- 1 of 29 -- Section Page 25 Registration of education and training organisations 10 26 Criteria for registration 10 27 Approvals to enable delegation of powers 10 28 Who can issue qualifications? 11 29 Approval to provide courses for overseas students 11 30 Process for approval to provide courses for overseas students 12 31 New Part 4.5A inserted 12 PART 4.5A—OVERSEAS EXCHANGE STUDENTS 12 4.5.4A Approval of overseas secondary student exchange organisations 12 4.5.4B Conditions of approval 13 4.5.4C Application for approval 13 4.5.4D Duration and renewal of approval 13 4.5.4E Application for renewal of approval 14 4.5.4F Suspension or cancellation of approval 14 32 Division of education and training organisations 14 33 Offence in relation to qualifications 15 34 Review by VCAT 15 35 Delegations by Minister 15 36 Minister's powers to fix fees 16 37 Delegation of Secretary's powers 16 38 Compensation for personal injuries 16 39 New section 5.6.2A inserted 17 5.6.2A Cessation of benefits 17 40 Authority to represent the Crown 17 41 Scholarships at Government schools 17 42 Powers of authorised officers 18 43 Scope of regulations 18 44 New section 6.1.4 inserted 19 6.1.4 Transitional provision—Teaching Service Act 19 45 New section 6.1.5 to 6.1.7 inserted 19 6.1.5 Transitional provision—Government teaching service 19 6.1.6 Transitional provision—directors of TAFE institute boards 20 6.1.7 Transitional provision—operators of student exchange programs 20 46 Amendments to Schedule 2 20 47 Regulations 21 48 Transitional and saving provisions 21 PART 3—AMENDMENT OF OTHER ACTS 22 49 Accident Compensation (WorkCover Insurance) Act 1993 22 50 Child Employment Act 2003 22 51 Child Wellbeing and Safety Act 2005 22 ii -- 2 of 29 -- Section Page 52 Children's Services Act 1996 23 52A Delegation by Secretary 23 53 Forests Act 1958 23 54 Public Administration Act 2004 24 55 Transport Act 1983 24 PART 4—REPEALS 25 56 Vocational Education and Training (Amendment) Act 1994 25 57 Repeal of Act 25 ═══════════════ ENDNOTES 26 iii -- 3 of 29 -- Victoria Education and Training Reform Miscellaneous Amendments Act 2007† No. 58 of 2007 [Assented to 27 November 2007] 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 provide for the approval of providers of overseas student exchange programs; and 1 -- 4 of 29 -- Part 1—Preliminary Education and Training Reform Miscellaneous Amendments Act 2007 No. 58 of 2007 s. 2 (ii) to prevent double payments in respect of personal injury for volunteer school workers; and (iii) to permit registration of home schooling students up to 18 years of age; and (iv) to make further provision as to criminal record checks for registered teachers; and (v) to improve generally the operation of that Act; and (b) to amend the Children's Services Act 1996 and the Public Administration Act 2004 and other Acts; and (c) to repeal the Vocational Education and Training (Amendment) Act 1994. 2 Commencement (1) This Act, other than sections 6, 8, 38, 44, 48, 50, 54(1) and 54(2), comes into operation on the day after the day on which it receives the Royal Assent. (2) Sections 6, 8, 38, 44, 48, 50, 54(1) and 54(2) are deemed to have come into operation on 1 July 2007. 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 and 28/2007. LawToday: www. legislation. vic.gov.au __________________ 2 -- 5 of 29 -- Part 2—Amendment of Education and Training Reform Act 2006 Education and Training Reform Miscellaneous Amendments Act 2007 No. 58 of 2007 s. 4 PART 2—AMENDMENT OF EDUCATION AND TRAINING REFORM ACT 2006 4 Definition In section 1.1.3(1) of the Principal Act, for the definition of higher education award substitute— "higher education award means a qualification described as a higher education award in the AQF but does not include a graduate certificate if the course of study relating to that certificate is an accredited vocational education and training course included in the State Register;". 5 Employment or engagement of teachers and other staff in schools In section 2.3.8(3) of the Principal Act, for "Part 2.4 applies" substitute "Sections 5.10.4 and 5.10.5 and clause 8 of Schedule 6 apply". 6 Membership of Merit Protection Boards In section 2.4.45(1) of the Principal Act, for "employed" substitute "appointed". 7 Establishment of committees (1) For section 2.5.7(3) of the Principal Act substitute— "(3) The Authority may, to facilitate its functioning, establish any other committee and appoint members to it including any person who is not a member of the Authority.". (2) For section 2.5.7(4)(b) of the Principal Act substitute— "(b) 2 other persons, who need not be members of the Authority.". 3 -- 6 of 29 -- Part 2—Amendment of Education and Training Reform Act 2006 Education and Training Reform Miscellaneous Amendments Act 2007 No. 58 of 2007 s. 8 (3) Section 2.5.7(6) of the Principal Act is repealed. (4) In section 2.5.7(7) of the Principal Act omit "after approval by the Minister under subsection (6)". 8 Non-practising registration In section 2.6.11(2) of the Principal Act, for "section 2.6.8" substitute "section 2.6.18". 9 New section 2.6.22A inserted After section 2.6.22 of the Principal Act insert— "2.6.22A Routine criminal record check (1) Without limiting section 2.6.22, the Institute must ensure that a criminal record check is carried out under that section in respect of each registered teacher before the end of the 5 years after the last criminal record check carried out in respect of that teacher under this Part or any corresponding previous enactment. (2) The Institute may recover from a registered teacher the fee for a criminal record check that has been, or is to be, carried out in compliance with this section in respect of that teacher. (3) The registered teacher must pay the fee for the criminal record check at the request of the Institute by the date fixed by the Institute and notified to the teacher. (4) If a registered teacher fails to pay the fee for a criminal record check without reasonable excuse by the date fixed by the Institute and notified to the teacher, the Institute may suspend the registration of the teacher or their permission to teach. 4 -- 7 of 29 -- Part 2—Amendment of Education and Training Reform Act 2006 Education and Training Reform Miscellaneous Amendments Act 2007 No. 58 of 2007 s. 10 (5) The Institute may revoke a suspension under subsection (4) if the person concerned gives a satisfactory explanation of the failure and pays the criminal record check fee together with any additional fee fixed by the Minister.". 10 New Division 7A of Part 2.6 inserted After Division 7 of Part 2.6 of the Principal Act insert— "Division 7A—Details of teachers in schools 2.6.26A Institute may request details of teachers in schools (1) The Institute may in writing request a person or body who employs teachers in a school to provide (within 28 days of the request) details of the name, registration number and date of birth of all or any of those teachers in respect of the date or dates and in the manner determined by the Institute. (2) A person or body to whom a request is made under subsection (1) must comply with that request. Penalty: 60 penalty units for a natural person and 300 penalty units for a body corporate.". 11 Employer to notify Institute of action against teacher For section 2.6.31(4) of the Principal Act substitute— "(4) The Chief Commissioner of Police must immediately notify the Institute if the Chief Commissioner becomes aware that a registered teacher has been charged with, or committed for trial for, or found guilty of— 5 -- 8 of 29 -- Part 2—Amendment of Education and Training Reform Act 2006 Education and Training Reform Miscellaneous Amendments Act 2007 No. 58 of 2007 s. 12 (a) a sexual offence; or (b) an offence specified in clause 2 of Schedule 1 to the Sentencing Act 1991; or (c) an offence specified in clause 4 of Schedule 1 to the Sentencing Act 1991; or (d) an offence against section 71AB or 71B of the Drugs, Poisons and Controlled Substances Act 1981.". 12 Functions of the Commission Before section 3.1.2(2)(a) of the Principal Act insert— "(aa) have regard to the functions conferred on the boards of TAFE institutes by or under this Act; and". 13 Performance agreements and financial powers In section 3.1.4(4) of the Principal Act— (a) for "council" (where twice occurring) substitute "board"; and (b) for paragraph (d) substitute— "(d) make payments to a local learning and employment network in accordance with a performance management agreement with the committee of management of the network; and". 14 Incorporation of TAFE institute boards In section 3.1.12(1)(f) of the Principal Act, for "government" substitute "governance". 6 -- 9 of 29 -- Part 2—Amendment of Education and Training Reform Act 2006 Education and Training Reform Miscellaneous Amendments Act 2007 No. 58 of 2007 s. 15 15 Functions of TAFE institute boards (1) In section 3.1.13(1)(a) of the Principal Act, for "management plans" substitute "operational business plans". (2) For section 3.1.13(2)(b) of the Principal Act substitute— "(b) undertake research, development, education, training delivery or other services on a commercial basis for other organisations;". 16 Board directorship In section 3.1.16(3) of the Principal Act, after "persons" insert "with knowledge of, or experience in, any industry in which the TAFE institute provides training". 17 Reserve powers of Minister (1) In section 3.1.19(1)(a) of the Principal Act, for "managing" substitute "governing". (2) In section 3.1.19(1)(d)(i) of the Principal Act, for "management" substitute "governance". 18 Membership of the Board In section 3.3.10(1) of the Principal Act— (a) in paragraph (b), for "Deputy Chairperson; and" substitute "Deputy Chairperson."; and (b) paragraph (c) is repealed. 19 Chief Executive Officer—adult education institution (1) In sections 3.3.33(1)(d), 3.3.35(1)(d)(i) and 3.3.37(2) of the Principal Act, for "director" substitute "chief executive officer". (2) In sections 3.3.40(1)(a) and 3.3.41(3) of the Principal Act, for "an institution director" substitute "a chief executive officer of the institution". 7 -- 10 of 29 -- Part 2—Amendment of Education and Training Reform Act 2006 Education and Training Reform Miscellaneous Amendments Act 2007 No. 58 of 2007 s. 20 (3) In sections 3.3.40(3) and 3.3.41(1) of the Principal Act, for "institution director" substitute "chief executive officer of the institution". (4) For the heading to section 3.3.41 of the Principal Act substitute— "Minister may object to chief executive officer appointment". 20 Section 3.3.43 substituted For section 3.3.43 of the Principal Act substitute— "3.3.43 Chief executive officers (1) The chief executive officer of an institution— (a) is the chief executive officer of the governing board of the institution; and (b) is responsible for the day to day administration and management of the institution in accordance with any policies or directions of the governing board of the institution and with the requirements of this Act. (2) The chief executive officer of an institution must satisfy the governing board that— (a) funds are spent; and (b) staff are carrying out functions; and (c) the institution is generally managed and administered— in accordance with the requirements of this Act.". 8 -- 11 of 29 -- Part 2—Amendment of Education and Training Reform Act 2006 Education and Training Reform Miscellaneous Amendments Act 2007 No. 58 of 2007 s. 21 21 Functions of Authority After section 4.2.2(1)(f) of the Principal Act insert— "(fa) approve persons, organisations (including education or training organisations) and registered schools to operate student exchange programs;". 22 Membership of Authority In section 4.2.4(1) of the Principal Act— (a) for "not more than 12 members" substitute "not more than 13 members"; and (b) after paragraph (b) insert— "(ba) one is to be the Secretary to the Department of Innovation, Industry and Regional Development or his or her nominee;". 23 Prescribed minimum standards for registration In sections 4.3.2 and 4.3.3 of the Principal Act, for "prescribed standards" (wherever occurring) substitute "prescribed minimum standards". 24 Authority to register students for home schooling At the end of section 4.3.9 of the Principal Act, insert— "(2) In this section— student means a child— (a) who is, or will be, at least 6 years old during the year that he or she is registered for home schooling; and (b) who is under the age of 18 years.". 9 -- 12 of 29 -- Part 2—Amendment of Education and Training Reform Act 2006 Education and Training Reform Miscellaneous Amendments Act 2007 No. 58 of 2007 s. 25 25 Registration of education and training organisations In section 4.3.10(2)(d) of the Principal Act, for "award or issue" (where twice occurring) substitute "award, confer or issue". 26 Criteria for registration (1) In section 4.3.11(1)(e) of the Principal Act, for "processes;" substitute "processes.". (2) Section 4.3.11(1)(f) of the Principal Act is repealed. (3) After section 4.3.11(1) of the Principal Act insert— "(1A) Without limiting subsection (1), the prescribed minimum standards for registration may require a person, body or school to comply with any guidelines issued by the Authority under this Division.". (4) In section 4.3.11(2) of the Principal Act, for "under this section" (where twice occurring) substitute "under this Division". 27 Approvals to enable delegation of powers After section 4.3.36(5) of the Principal Act insert— "(6) The Authority may authorise the payment of fees under this section by periodic instalment amounts fixed by the Authority. (7) If the Authority authorises the payment of fees by instalments for an investigation under this section, the Authority may take that action and may make any determination in respect of the application on payment of the first instalment of the fee. 10 -- 13 of 29 -- Part 2—Amendment of Education and Training Reform Act 2006 Education and Training Reform Miscellaneous Amendments Act 2007 No. 58 of 2007 s. 28 (8) The organisation, University or institution required to pay fees under this section must pay each instalment by the date that it is due to be paid. (9) Any instalment that is not paid by the due date for that instalment is a debt due to the Authority.". 28 Who can issue qualifications? In section 4.4.5(1)(b) of the Principal Act— (a) for "award or issue" (where first occurring) substitute "award, conferral or issue"; and (b) for "award or issue" (where secondly occurring) substitute "award, confer or issue". 29 Approval to provide courses for overseas students (1) In section 4.5.1(1) of the Principal Act, after "education or training organisation" insert "or institution". (2) In section 4.5.1(2) of the Principal Act— (a) for "school, University or institution where the course is to be provided" (where twice occurring) substitute "school, University, education or training organisation or institution where, or by whom, the course is to be provided"; (b) after paragraph (a) insert— "(ab) the suitability of the course for overseas students;". 11 -- 14 of 29 -- Part 2—Amendment of Education and Training Reform Act 2006 Education and Training Reform Miscellaneous Amendments Act 2007 No. 58 of 2007 s. 30 30 Process for approval to provide courses for overseas students For section 4.5.2(1) of the Principal Act substitute— "(1) A person authorised by a registered school, University or another education or training organisation or institution may apply in the form approved by the Authority for approval of the school, University, organisation or institution to provide a specified course.". 31 New Part 4.5A inserted After section 4.5.4 of the Principal Act, insert— "PART 4.5A—OVERSEAS EXCHANGE STUDENTS 4.5.4A Approval of overseas secondary student exchange organisations (1) The Authority may approve a person, an organisation (including an education or training organisation) or a registered school as suitable to operate a student exchange program. (2) In deciding whether to grant approval, the Authority may have regard to all or any of the following matters in relation to the person, organisation or registered school— (a) the suitability of the person, organisation or registered school to operate a student exchange program; (b) guidelines issued by the Authority; (c) any other matter relating to the management or operations of the person, organisation or registered 12 -- 15 of 29 -- Part 2—Amendment of Education and Training Reform Act 2006 Education and Training Reform Miscellaneous Amendments Act 2007 No. 58 of 2007 s. 31 school proposing to operate the student exchange program. (3) The Authority may from time to time issue guidelines for the purposes of determining whether a person, organisation or registered school is suitable to operate a student exchange program. (4) Any guidelines issued under subsection (3) must be published as soon as practicable in the Government Gazette. 4.5.4B Conditions of approval The approval of a person, organisation or registered school to operate a student exchange program under section 4.5.4A is subject to any conditions imposed by the Authority. 4.5.4C Application for approval (1) A person, or a person authorised by an organisation or registered school, may apply in the form approved by the Authority and published in the Government Gazette for approval of the person, organisation or school to operate a student exchange program. (2) The Authority may require the applicant to provide further information or material in respect of the application for approval. (3) An application under subsection (1) must be accompanied by the fee (if any) fixed by the Minister. 4.5.4D Duration and renewal of approval (1) An approval under section 4.5.4A continues in force for a period, not exceeding 6 years, specified by the Authority unless sooner suspended or cancelled by the Authority. 13 -- 16 of 29 -- Part 2—Amendment of Education and Training Reform Act 2006 Education and Training Reform Miscellaneous Amendments Act 2007 No. 58 of 2007 s. 32 (2) The renewal of an approval to operate a student exchange program continues in force for a period, not exceeding 6 years, specified by the Authority unless sooner suspended or cancelled by the Authority. (3) Sections 4.5.4A, 4.5.4B and 4.5.4F apply to a renewal of an approval in the same way as they apply to an approval. 4.5.4E Application for renewal of approval (1) A person, or a person authorised by an organisation or registered school, may apply in the form approved by the Authority and published in the Government Gazette for renewal of an approval to operate a student exchange program before the existing approval expires. (2) The Authority may require the applicant to provide further information or material in respect of the application for renewal of an approval. (3) An application under subsection (1) must be accompanied by the fee (if any) fixed by the Minister. 4.5.4F Suspension or cancellation of approval The Authority may suspend or cancel, or impose any condition on, the approval of a person, organisation or registered school to operate a student exchange program if the person, organisation or school breaches a condition of its approval imposed under section 4.5.4B or this section.". 32 Division of education and training organisations In section 4.6.2 of the Principal Act, for "award or issue" (where twice occurring) substitute "award, confer or issue". 14 -- 17 of 29 -- Part 2—Amendment of Education and Training Reform Act 2006 Education and Training Reform Miscellaneous Amendments Act 2007 No. 58 of 2007 s. 33 33 Offence in relation to qualifications In section 4.7.9 of the Principal Act, for "award or issue" (wherever occurring) substitute "award, confer or issue". 34 Review by VCAT (1) In section 4.8.1(1)(h) of the Principal Act, for "Part 4.5." substitute "Part 4.5; or". (2) After section 4.8.1(1)(h) of the Principal Act insert— "(i) not to approve a person, organisation (including an education or training organisation) or registered school to operate a student exchange program under Part 4.5A; or (j) to suspend or cancel the approval of a person, organisation (including an education or training organisation) or registered school to operate a student exchange program under Part 4.5A.". 35 Delegations by Minister In section 5.2.9 of the Principal Act— (a) after "member of the Parliament of Victoria" insert ", any person holding office under this Act"; and (b) in paragraph (d), for "Chairperson, member or acting member" substitute "Chairperson or member". 15 -- 18 of 29 -- Part 2—Amendment of Education and Training Reform Act 2006 Education and Training Reform Miscellaneous Amendments Act 2007 No. 58 of 2007 s. 36 36 Minister's powers to fix fees After section 5.2.13(2) of the Principal Act insert— "(3) If the Minister fixes a fee by Order under this section, the Minister may in the Order authorise the payment of the fee by periodic instalment amounts fixed by the Minister. (4) Despite anything to the contrary in this Act, if the Minister authorises the payment of a fee by instalments in respect of an application or investigation, the body considering the application or undertaking the investigation may take that action and may make any determination in respect of the application on payment of the first instalment of the fee. (5) The person required to pay the fee that is authorised to be paid by instalments must pay each instalment by the date that it is due to be paid. (6) Any instalment that is not paid by the due date for that instalment is a debt due to the body charging the fee.". 37 Delegation of Secretary's powers In section 5.3.3(2) of the Principal Act, after "school council" insert "or any other person". 38 Compensation for personal injuries In section 5.6.2(4) of the Principal Act, for "subject to that Act" substitute "subject to the Accident Compensation Act 1985". 16 -- 19 of 29 -- Part 2—Amendment of Education and Training Reform Act 2006 Education and Training Reform Miscellaneous Amendments Act 2007 No. 58 of 2007 s. 39 39 New section 5.6.2A inserted After section 5.6.2 of the Principal Act, insert— "5.6.2A Cessation of benefits (1) If judgment is obtained, or a compromise or settlement is made, in respect of proceedings referred to in section 134AB(1) of the Accident Compensation Act 1985 in respect of an injury, the Authority or the Crown as the employer is not liable— (a) where pecuniary loss damages (within the meaning of section 134AB of the Accident Compensation Act 1985) are awarded, to make payments under section 93CA, 93CB, 93CC, 93E or 93EA of that Act in respect of the injury; or (b) where pain and suffering damages (within the meaning of section 134AB of the Accident Compensation Act 1985) are awarded, to make payments under section 98C or 98E of that Act in respect of the injury. (2) This section applies only in respect of proceedings issued after the commencement of section 39 of the Education and Training Reform Miscellaneous Amendments Act 2007.". 40 Authority to represent the Crown In section 5.6.5 of the Principal Act, for "or VCAT" substitute ", VCAT or the Accident Compensation Conciliation Service or a Medical Panel". 41 Scholarships at Government schools In section 5.7.1(3) of the Principal Act, for "liable to for" substitute "liable for". 17 -- 20 of 29 -- Part 2—Amendment of Education and Training Reform Act 2006 Education and Training Reform Miscellaneous Amendments Act 2007 No. 58 of 2007 s. 42 42 Powers of authorised officers In section 5.8.3(3) of the Principal Act— (a) after paragraph (e) insert— "(ea) where, or where the officer has reasonable cause to believe that, a person, organisation or registered school approved under Part 4.5A to operate a student exchange program is operating a student exchange program; and"; (b) in paragraph (k), for "those documents." substitute "those documents; and"; (c) after paragraph (k) insert— "(l) in the case of a place referred to in paragraph (ea), may make any inquiries or inspect and examine any documents relating to the matters referred to in section 4.5.4A or guidelines made under that section about those matters and take copies or extracts from those documents.". 43 Scope of regulations In section 5.10.2(4)(c) of the Principal Act— (a) in subparagraph (ii), for "at any time before then;" substitute "at any time before then; or"; and (b) after subparagraph (ii), insert— "(iii) as amended from time to time;". 18 -- 21 of 29 -- Part 2—Amendment of Education and Training Reform Act 2006 Education and Training Reform Miscellaneous Amendments Act 2007 No. 58 of 2007 s. 44 44 New section 6.1.4 inserted After section 6.1.3 of the Principal Act insert— "6.1.4 Transitional provision—Teaching Service Act Despite its repeal, the Teaching Service Act 1981 as in force immediately before 1 July 2007 continues to apply to— (a) an inquiry under section 45 or Part V of that Act that has commenced but has not been finally determined before 1 July 2007; and (b) any action under section 9 of that Act that has commenced but not concluded before 1 July 2007; and (c) any action under section 65A or 65B of that Act that has commenced but not concluded before 1 July 2007.". 45 New section 6.1.5 to 6.1.7 inserted After section 6.1.4 of the Principal Act insert— "6.1.5 Transitional provision—Government teaching service This Act applies to— (a) an inquiry under section 2.4.56; and (b) any action that may or must be taken under Division 9 of Part 2.4; and (c) any investigation or inquiry under Division 10 of Part 2.4— that commences after the commencement of section 45 of the Education and Training Reform Miscellaneous Amendments Act 2007, irrespective of when the grounds for action are alleged to have occurred. 19 -- 22 of 29 -- Part 2—Amendment of Education and Training Reform Act 2006 Education and Training Reform Miscellaneous Amendments Act 2007 No. 58 of 2007 s. 46 6.1.6 Transitional provision—directors of TAFE institute boards A person who, immediately before the commencement of section 16 of the Education and Training Reform Miscellaneous Amendments Act 2007, held office as a director of a TAFE institute board, continues to hold office as a director for the balance of his or her term of appointment subject to this Act as if that section had not been enacted. 6.1.7 Transitional provision—operators of student exchange programs A school or organisation that was registered with the Department immediately before the commencement of section 31 of the Education and Training Reform Miscellaneous Amendments Act 2007 as suitable to operate a student exchange program is deemed to be approved by the Authority under Part 4.5A to operate that program for 3 years after the commencement of that section unless that approval is sooner suspended or cancelled by the Authority under that Part.". 46 Amendments to Schedule 2 (1) In clause 3 of Schedule 2 to the Principal Act— (a) in subclause (1), after "statutory authority" insert "(other than a university)"; and (b) in subclause (3), after "a director of a TAFE institute" insert "board"; and (c) in subclause (4), for "director of an Adult Education Institution" substitute "member of the governing board of an adult education institution"; and 20 -- 23 of 29 -- Part 2—Amendment of Education and Training Reform Act 2006 Education and Training Reform Miscellaneous Amendments Act 2007 No. 58 of 2007 s. 47 (d) in subclause (5), for "TAFE institute or an Adult Education Institution" substitute "TAFE institute board or members of the governing board of an adult education institution". (2) In Schedule 2 to the Principal Act, in clauses 10(1) and 11 for "Authority" (wherever occurring) substitute "authority". 47 Regulations In Schedule 5 to the Principal Act, in clauses 1.3 and 1.5, for "pupils" (wherever occurring) substitute "students". 48 Transitional and saving provisions (1) In Schedule 8 to the Principal Act— (a) in clause 1.5.2— (i) after "note" insert "on"; and (ii) for "clause 1.4.1" substitute "clause 1.5.1"; and (b) in clause 1.8(c), for "clause 1.4" substitute "clause 1.5"; and (c) in clause 1.10, for "Victorian Learning and Skills Commission" substitute "Victorian Learning and Employment Skills Commission". (2) In Schedule 8 to the Principal Act, for subclause 1.7.2 substitute— "1.7.2 The Department is deemed to be approved by the Authority to provide a course as a specified course to students from overseas under Part 4.5 for 3 years after the commencement of section 6.1.1(l).". __________________ 21 -- 24 of 29 -- Part 3—Amendment of Other Acts Education and Training Reform Miscellaneous Amendments Act 2007 No. 58 of 2007 s. 49 PART 3—AMENDMENT OF OTHER ACTS 49 Accident Compensation (WorkCover Insurance) Act 1993 See: Act No. 50/1993. Reprint No. 6 as at 1 July 2005 and amending Act No. 41/2006. LawToday: www. legislation. vic.gov.au In section 7(4B) of the Accident Compensation (WorkCover Insurance) Act 1993, for "Department of Education" (wherever occurring) substitute "Department of Education and Early Childhood Development". 50 Child Employment Act 2003 See: Act No. 81/2003 and amending Act Nos 80/2004, 108/2004, 97/2005, 24/2006, 48/2006 and 28/2007. LawToday: www. legislation. vic.gov.au In section 11 of the Child Employment Act 2003, for "section 74G of the Community Services Act 1970" substitute "section 2.1.5 of the Education and Training Reform Act 2006". 51 Child Wellbeing and Safety Act 2005 See: Act No. 83/2005 and amending Act Nos 96/2005, 97/2005, 23/2006, 80/2006 and 28/2007. LawToday: www. legislation. vic.gov.au In section 14(d) of the Child Wellbeing and Safety Act 2005, for "Department of Education" substitute "Department of Education and Early Childhood Development". 22 -- 25 of 29 -- Part 3—Amendment of Other Acts Education and Training Reform Miscellaneous Amendments Act 2007 No. 58 of 2007 s. 52 52 Children's Services Act 1996 See: Act No. 53/1996. Reprint No. 1 as at 9 December 1999 and amending Act Nos 74/2000, 108/2004, 10/2005, 24/2006 and 48/2006. LawToday: www. legislation. vic.gov.au (1) In section 3(1) of the Children's Services Act 1996— (a) for the definition of Department substitute— "Department means the Department of Education and Early Childhood Development;"; and (b) for the definition of Secretary substitute— "Secretary means the Secretary to the Department of Education and Early Childhood Development;". (2) In section 3(2) of the Children's Services Act 1996, for "Department of Human Services" substitute "Department of Education and Early Childhood Development". (3) After section 52 of the Children's Services Act 1996 insert— "52A Delegation by Secretary The Secretary, by instrument, may delegate to any employee in the Department any power or function of the Secretary under this Act other than this power of delegation.". 53 Forests Act 1958 See: Act No. 6254. Reprint No. 9 as at 18 May 2006 and amending Act Nos 60/2005, 24/2006 and 63/2006. LawToday: www. legislation. vic.gov.au In section 91 of the Forests Act 1958, for "Department of Education and Training" (wherever occurring) substitute "Department of Education and Early Childhood Development". 23 -- 26 of 29 -- Part 3—Amendment of Other Acts Education and Training Reform Miscellaneous Amendments Act 2007 No. 58 of 2007 s. 54 54 Public Administration Act 2004 See: Act No. 108/2004. Reprint No. 1 as at 11 October 2006 and amending Act Nos 23/2006, 24/2006, 43/2006 and 28/2007. LawToday: www. legislation. vic.gov.au (1) For section 5(1A)(a) of the Public Administration Act 2004 substitute— "(a) the board of a TAFE institute within the meaning of the Education and Training Reform Act 2006 (other than the TAFE division of a university);". (2) In section 5(1A)(b) of the Public Administration Act 2004, for "AMES, or the Centre for Adult Education" substitute "the Board of AMES and the Board of the Centre for Adult Education". (3) In Schedule 1 to the Public Administration Act 2004, in clause 1, in the definition of teaching service, for "Department of Education" substitute "Department of Education and Early Childhood Development". 55 Transport Act 1983 See: Act No. 9921. Reprint No. 12 as at 1 January 2007 and amending Act Nos 95/2005, 97/2005, 9/2006, 47/2006, 48/2006, 71/2006, 85/2006, 28/2007 and 30/2007. LawToday: www. legislation. vic.gov.au In section 86(1) of the Transport Act 1983, in paragraph (a) of the definition of public commercial passenger vehicle, for "Department of Education of Victoria" substitute "Department of Education and Early Childhood Development of Victoria". __________________ 24 -- 27 of 29 -- Part 4—Repeals Education and Training Reform Miscellaneous Amendments Act 2007 No. 58 of 2007 s. 56 PART 4—REPEALS 56 Vocational Education and Training (Amendment) Act 1994 See: Act No. 62/1994. The Vocational Education and Training (Amendment) Act 1994 is repealed. 57 Repeal of Act This Act is repealed on the first anniversary of the day on which it receives the Royal Assent. ═══════════════ 25 -- 28 of 29 -- Education and Training Reform Miscellaneous Amendments Act 2007 No. 58 of 2007 Endnotes ENDNOTES † Minister's second reading speech— Legislative Assembly: 20 September 2007 Legislative Council: 11 October 2007 The long title for the Bill for this Act was "A Bill for an Act to amend the Education and Training Reform Act 2006 in relation to overseas student exchange program providers, home schooling, compensation for personal injury and registration of teachers and other matters, to amend the Children's Services Act 1996 and the Public Administration Act 2004 and other Acts and for other purposes." 26 -- 29 of 29 --