Education Legislation (Miscellaneous Amendments) Act 2003
Victorian Legislation and Parliamentary Documents
i
Education Legislation (Miscellaneous Amendments)
Act 2003
Act No. 83/2003
TABLE OF PROVISIONS
Section Page
1. Purpose 1
2. Commencement 1
3. Children and Young Persons Act 1989—teachers 2
4. Delegations 2
5. Teachers in schools 3
Employment or engagement of teachers in schools". 3
6. Courses of study 5
7. Notices 5
8. Definition 5
9. Appointments to the teaching service 6
10. New Part IVA inserted 8
PART IVA—DISMISSAL AND SUSPENSION 8
65A. Dismissal of disqualified and unregistered teachers 8
65B. Suspension and dismissal of unregistered teachers 8
11. New sections 76 and 77 substituted 9
76. Minister may delegate powers 9
77. Secretary may delegate powers 9
12. Disqualified teachers 10
13. Notification 10
14. Statute law revision 10
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ENDNOTES 12
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Victorian Legislation and Parliamentary Documents
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Education Legislation (Miscellaneous
Amendments) Act 2003†
[Assented to 11 November 2003]
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Children and Young Persons Act 1989, the
Education Act 1958, the Teaching Service Act
1981 and the Victorian Institute of Teaching
Act 2001.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
Victoria
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3. Children and Young Persons Act 1989—teachers
For section 64(1C)(d), (da) and (db) of the
Children and Young Persons Act 1989
substitute—
"(d) a person who is registered as a teacher under
the Victorian Institute of Teaching Act
2001 or has been granted permission to teach
under that Act;".
4. Delegations
(1) For section 4(12) of the Education Act 1958
substitute—
"(12) The Secretary by instrument may delegate to
any person any power or function of the
Secretary under this Act, other than this
power of delegation and the Secretary's
powers under section 5A.".
(2) In section 5A(4) of the Education Act 1958, for
"delegate to a sub-committee" substitute
"delegate to a member or the members of a sub-
committee".
(3) For section 8(1) of the Education Act 1958
substitute—
"(1) The Minister by instrument may delegate to
any person any power or function of the
Minister under this Act other than—
(a) this power of delegation;
(b) a power to give directions or issue
guidelines under this Act;
(c) the Minister's powers under sections
19A and 68.".
s. 3
See:
Act No.
56/1989.
Reprint No. 7
as at
1 March 2002
and
amending
Act Nos
11/2002 and
35/2002.
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See:
Act No.
6240.
Reprint No. 8
as at
24 February
2000
and
amending
Act Nos
8/2000,
67/2000,
97/2000,
27/2001,
44/2001 and
96/2001.
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5. Teachers in schools
(1) Insert the following heading to section 15B of the
Education Act 1958—
"Employment or engagement of teachers in
schools".
(2) After section 15B(3) of the Education Act 1958
insert—
"(4) A person who has, at any time, in Victoria or
elsewhere, been convicted or found guilty of
a sexual offence within the meaning of the
Victorian Institute of Teaching Act 2001 is
not eligible to be employed by a school
council as a teacher within the meaning of
that Act.
(5) A person is not eligible to be employed by a
school council as a teacher within the
meaning of the Victorian Institute of
Teaching Act 2001 unless the person is
registered or permitted to teach under that
Act.
(6) A school council must dismiss or remove a
person who is employed or engaged by the
school council as a teacher within the
meaning of the Victorian Institute of
Teaching Act 2001 and who has, at any
time, in Victoria or elsewhere, been
convicted or found guilty of a sexual offence
within the meaning of that Act.
(7) If a person who is employed or engaged by a
school council as a teacher within the
meaning of the Victorian Institute of
Teaching Act 2001 is refused registration or
permission to teach under that Act or has had
his or her registration or permission to teach
cancelled or suspended under that Act, the
school council may suspend the person
s. 5
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without pay from duty as a teacher for the
period that the person's registration or
permission to teach is refused, cancelled or
suspended.
(8) Without limiting any of its other powers, a
school council may dismiss or remove a
person who is employed or engaged by the
school council as a teacher within the
meaning of the Victorian Institute of
Teaching Act 2001 if the person is refused
registration or permission to teach under the
Victorian Institute of Teaching Act 2001
or has his or her registration or permission to
teach cancelled or suspended under that Act.
(9) If a person employed or engaged by a school
council as a teacher within the meaning of
the Victorian Institute of Teaching Act
2001—
(a) is refused registration or permission to
teach under that Act or has his or her
registration or permission to teach
cancelled or suspended under that Act;
and
(b) remains unregistered or without
permission to teach for a continuous
period of 12 months—
the employment or engagement of that
person ceases, by virtue of this sub-section,
at the end of that period of 12 months.
(10) For the purposes of sub-section (9)(b), any
period during which a person remains
unregistered or without permission to teach
does not include any period during which the
person is on leave approved by the school
council.
s. 5
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(11) The school council must notify in writing a
person whose employment or engagement
has ceased under sub-section (9).".
6. Courses of study
Division 2 of Part II of the Education Act 1958 is
repealed.
7. Notices
In the Teaching Service Act 1981—
(a) in section 2(1), the definition of "public
notice" is repealed;
(b) for section 10(a) substitute—
"(a) notice of the vacancy in the office or
proposed office has been published at
least once; and";
(c) in section 62(5) and (6), for "in the
prescribed manner" substitute "at least
once";
(d) in section 77A, omit "in a publication
circulating".
8. Definition
In section 2(1) of the Teaching Service Act 1981
insert the following definition—
' "registered", in relation to a person employed in
the teaching service, includes permitted to
teach under the Victorian Institute of
Teaching Act 2001;'.
s. 6
See:
Act No.
9714.
Reprint No. 5
as at
24 May 2000
and
amending
Act No.
96/2001.
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9. Appointments to the teaching service
(1) After section 5(2) of the Teaching Service Act
1981 insert—
"(2A) A person who has, at any time, in Victoria or
elsewhere, been convicted or found guilty of
a sexual offence within the meaning of the
Victorian Institute of Teaching Act 2001 is
not eligible for appointment to an office in
the teaching service.
(2B) A person is not eligible for appointment to
an office in the teaching service unless the
person is registered under the Victorian
Institute of Teaching Act 2001.".
(2) After section 9(2) of the Teaching Service Act
1981 insert—
"(2A) A person who has, at any time, in Victoria or
elsewhere, been convicted or found guilty of
a sexual offence within the meaning of the
Victorian Institute of Teaching Act 2001 is
not eligible to be selected for appointment to
the teaching service.
(2B) A person is not eligible to be selected for
appointment to the teaching service unless
the person is registered under the Victorian
Institute of Teaching Act 2001.".
(3) After section 9(8) of the Teaching Service Act
1981 insert—
"(9) The Secretary must dismiss or remove a
person who is employed under this section if
the person has, at any time, in Victoria or
elsewhere, been convicted or found guilty of
a sexual offence within the meaning of the
Victorian Institute of Teaching Act 2001.
s. 9
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(10) If a person who is employed under this
section is refused registration under the
Victorian Institute of Teaching Act 2001
or has had his or her registration suspended
or cancelled under that Act, the Secretary
may suspend the person without pay for the
period that the person's registration is
refused, suspended or cancelled.
(11) Without limiting sub-section (8), the
Secretary may dismiss or remove a person
employed under this section if the person has
been refused registration under the Victorian
Institute of Teaching Act 2001 or has had
his or her registration suspended or cancelled
under that Act.
(12) If a person employed under this section—
(a) has been refused registration under the
Victorian Institute of Teaching Act
2001 or has had his or her registration
suspended or cancelled under that Act;
and
(b) remains unregistered for a continuous
period of 12 months—
the employment of that person ceases, by
virtue of this sub-section, at the end of that
period of 12 months.
(13) For the purposes of sub-section (12)(b), any
period during which a person remains
unregistered does not include any period
during which the person is on leave approved
by the Secretary.
(14) The Secretary must notify in writing a person
whose employment has ceased under sub-
section (12).".
s. 9 s. 9
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10. New Part IVA inserted
After Part IV of the Teaching Service Act 1981
insert—
"PART IVA—DISMISSAL AND SUSPENSION
65A. Dismissal of disqualified and unregistered
teachers
If an officer has, at any time, in Victoria or
elsewhere, been convicted or found guilty of
a sexual offence within the meaning of the
Victorian Institute of Teaching Act 2001,
the Secretary must dismiss the officer from
the teaching service.
65B. Suspension and dismissal of unregistered
teachers
(1) If an officer in the teaching service is refused
registration under the Victorian Institute of
Teaching Act 2001 or has had his or her
registration suspended or cancelled under
that Act, the Secretary may suspend the
officer without pay from duty in the teaching
service for the period that the officer's
registration is refused, suspended or
cancelled.
(2) A suspension under sub-section (1) continues
at the Secretary's discretion until—
(a) the officer is registered under the
Victorian Institute of Teaching Act
2001; or
(b) the officer is dismissed or removed
from the teaching service.
s. 10
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(3) If an officer in the teaching service—
(a) is refused registration under the
Victorian Institute of Teaching Act
2001 or has had his or her registration
under that Act suspended or cancelled;
and
(b) remains unregistered for a continuous
period of 12 months—
the employment of that person ceases, by
virtue of this sub-section, at the end of that
period of 12 months.
(4) For the purposes of sub-section (3)(b), any
period during which a person remains
unregistered does not include any period
during which the person is on leave approved
by the Secretary.
(5) The Secretary must notify in writing a person
whose employment has ceased under sub-
section (3).".
11. New sections 76 and 77 substituted
For sections 76 and 77 of the Teaching Service
Act 1981 substitute—
"76. Minister may delegate powers
The Minister by instrument may delegate
any of his or her powers or functions under
this Act to any person, except this power of
delegation and the power to make
regulations under section 78.
77. Secretary may delegate powers
The Secretary by instrument may delegate
any of his or her powers or functions under
this Act to any person, except this power of
delegation.".
s. 11
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12. Disqualified teachers
For section 25(7) of the Victorian Institute of
Teaching Act 2001 substitute—
"(7) This section applies to any conviction or
finding of guilt of a sexual offence whether
occurring before, on or after the
commencement of section 12 of the
Education Legislation (Miscellaneous
Amendments) Act 2003.".
13. Notification
After section 27(2) of the Victorian Institute of
Teaching Act 2001 insert—
"(2A) The employer of a registered teacher must
immediately notify the Institute if the
employer becomes aware that the teacher has
been charged with or committed for trial for
a sexual offence or convicted or found guilty
of a sexual offence.
(2B) 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 a sexual offence or
convicted or found guilty of a sexual
offence.".
14. Statute law revision
(1) In section 3(1) of the Education Act 1958, in the
definition of "Secretary" after "Education" insert
"and Training".
(2) In section 2(1) of the Teaching Service Act 1981,
in the definition of "Secretary" after "Education"
insert "and Training".
(3) In section 6(3)(h) of the Tertiary Education Act
1993 for "students compliance" substitute
"student's compliance".
s. 12
See:
Act No.
96/2001
and
amending
Act No.
23/2002.
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(4) In section 3 of the Victorian Institute of
Teaching Act 2001, in the definition of
"Secretary" omit ", Employment".
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s. 14
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ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 17 September 2003
Legislative Council: 28 October 2003
The long title for the Bill for this Act was "to amend the Children and
Young Persons Act 1989, the Education Act 1958, the Teaching
Service Act 1981 and the Victorian Institute of Teaching Act 2001 and
for other purposes."
Endnotes
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