Education (Workplace Learning) Act 2003

Victorian Legislation and Parliamentary Documents i Education (Workplace Learning) Act 2003 Act No. 82/2003 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 1 3. New heading substituted 2 4. Definitions 2 5. Arrangements for pupils over 21 years 3 6. Structured work place learning arrangements 3 7. Orders about structured workplace learning 3 8. Non-application of certain laws to employment for work experience 4 9. Arrangements for pupils from interstate 4 10. Conditions of employment 4 11. New section 64O substituted 5 64O. Duty of care 5 12. Payment 6 13. Ministerial Orders about work experience 6 14. Supreme Court—limitation of jurisdiction 7 ═══════════════ ENDNOTES 8 -- 1 of 9 -- Victorian Legislation and Parliamentary Documents 1 Education (Workplace Learning) 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 Education Act 1958 to make further provision for learning in the workplace. 2. Commencement This Act comes into operation on 1 January 2004. Victoria No. 82 of 2003 -- 2 of 9 -- Victorian Legislation and Parliamentary Documents Act No. 82/2003 Education (Workplace Learning) Act 2003 2 3. New heading substituted For the Heading to Part IVA of the Education Act 1958 substitute— "PART IVA—WORKPLACE LEARNING" 4. Definitions In section 64L of the Education Act 1958— (a) for the definition of "arrangement" substitute— ' "arrangement" means a work experience arrangement or a structured workplace learning arrangement;'; (b) the definition of "work placement arrangement" is repealed; (c) insert the following definition— ' "structured workplace learning arrangement" means an arrangement for structured workplace learning made under section 64LC;'. s. 3 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. LawToday: www.dms. dpc.vic. gov.au -- 3 of 9 -- Victorian Legislation and Parliamentary Documents Act No. 82/2003 Education (Workplace Learning) Act 2003 3 5. Arrangements for pupils over 21 years For section 64LB(3) and (4) of the Education Act 1958 substitute— "(3) A work experience arrangement under sub- section (1) may be made in respect of a pupil of or over the age of 21 years in the circumstances set out in a Ministerial Order made under section 64S.". 6. Structured work place learning arrangements (1) Insert the following heading to section 64LC of the Education Act 1958— "Structured workplace learning arrangements". (2) In section 64LC of the Education Act 1958— (a) in sub-section (2) for "a work placement arrangement" substitute "an arrangement under this section"; (b) in sub-section (3) for "A work placement arrangement" substitute "An arrangement for structured workplace learning". 7. Orders about structured workplace learning (1) Insert the following heading to section 64LD of the Education Act 1958— "Orders about structured workplace learning". (2) In section 64LD(2) of the Education Act 1958 for "work placement" (wherever occurring) substitute "structured workplace learning". s. 5 -- 4 of 9 -- Victorian Legislation and Parliamentary Documents Act No. 82/2003 Education (Workplace Learning) Act 2003 4 (3) After section 64LD(2)(a) of the Education Act 1958 insert— "(ab) without limiting the generality of paragraph (a), requiring pupils to undertake training in occupational health and safety relevant to the workplace where they will be employed under a structured workplace learning arrangement before the arrangement can be entered into;". 8. Non-application of certain laws to employment for work experience (1) For section 64M(1)(a) of the Education Act 1958 substitute— "(a) who is of or over 14 years of age; and". (2) In section 64M(5) of the Education Act 1958— (a) paragraph (a) is repealed; (b) in paragraph (b) omit "who has attained the age of 14 years". 9. Arrangements for pupils from interstate (1) Insert the following heading to section 64MA of the Education Act 1958— "Arrangements for pupils from interstate". (2) In section 64MA of the Education Act 1958 for "work placement" (wherever occurring) substitute "structured workplace learning". (3) In section 64MA(4)(g) of the Education Act 1958 for "work placement" substitute "structured workplace learning". 10. Conditions of employment (1) In section 64N of the Education Act 1958 for "work placement" (wherever occurring) substitute "structured workplace learning". s. 8 -- 5 of 9 -- Victorian Legislation and Parliamentary Documents Act No. 82/2003 Education (Workplace Learning) Act 2003 5 (2) For section 64N(1)(c) of the Education Act 1958 substitute— "(c) an employer must not at any time employ more than the number of pupils that employers are permitted to employ by an Order made under section 64S;". (3) For section 64N(3) of the Education Act 1958 substitute— "(3) The Principal or head teacher of a school may suspend the operation of a condition in sub-section (1)— (a) to allow a pupil to be employed under a work experience arrangement for more than 10 days but not exceeding 15 days during any school term; (b) to allow the period of employment of that pupil to exceed a total of 10 days but not to exceed a total of 15 days during any school term in respect of the arrangement— if authorised to do so by Ministerial Order under section 64S and subject to any terms or conditions required by Ministerial Order under section 64S.". 11. New section 64O substituted For section 64O of the Education Act 1958 substitute— "64O. Duty of care (1) A school or the principal, head teacher or teacher of a school does not have and is not to be deemed to have a duty relating to the care or control of a pupil of the school while that pupil is employed— (a) under an arrangement; or s. 11 -- 6 of 9 -- Victorian Legislation and Parliamentary Documents Act No. 82/2003 Education (Workplace Learning) Act 2003 6 (b) as an apprentice under a training agreement under Part 5 of the Vocational Education and Training Act 1990 if the training for the pupil under that agreement has been approved or endorsed by the principal or head teacher of the school. (2) An action does not lie against a school or the principal, head teacher or teacher of a school because of a breach of a duty referred to in sub-section (1).". 12. Payment In section 64Q(1)(b) and (3A) of the Education Act 1958 for "work placement" substitute "structured workplace learning". 13. Ministerial Orders about work experience In section 64S(2) of the Education Act 1958— (a) in paragraph (d) for "64LB(2)." substitute "64LB(2);"; (b) after paragraph (d), insert— "(e) the circumstances under which the principal or head teacher of a school can make work experience arrangements about the placement of pupils of or over the age of 21 years with an employer; (f) the terms and conditions under which the principal or head teacher of a school can make work experience arrangements about the placement of pupils of or over the age of 21 years with an employer; s. 12 -- 7 of 9 -- Victorian Legislation and Parliamentary Documents Act No. 82/2003 Education (Workplace Learning) Act 2003 7 (g) requiring that work experience arrangements cannot be made for a pupil who is a child unless the following persons have provided a check about any criminal record of that person to the principal or head teacher— (i) the employer; and (ii) any other person who will have direct supervision or control of the pupil during the placement if the supervision or control will not be directly supervised by another person; (h) requiring pupils to undertake occupational, health and safety training before undertaking work experience; (i) requiring that the Principal or head teacher ensures that he or she or a teacher at the school contacts a pupil at least once during the time the pupil is placed with an employer for work experience.". 14. Supreme Court—limitation of jurisdiction After section 81A(2) of the Education Act 1958 insert— "(3) It is the intention of section 64O to alter or vary section 85 of the Constitution Act 1975.". ═══════════════ s. 14 -- 8 of 9 -- Victorian Legislation and Parliamentary Documents Act No. 82/2003 Education (Workplace Learning) Act 2003 8 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 Education Act 1958 to make further provision for learning in the workplace and for other purposes." Constitution Act 1975: Section 85(5) statement: Legislative Assembly: 17 September 2003 Legislative Council: 28 October 2003 Absolute majorities: Legislative Assembly: 16 October 2003 Legislative Council: 29 October 2003 Endnotes -- 9 of 9 --