Victorian Curriculum and Assessment Authority (Amendment) Act 2003

Victorian Legislation and Parliamentary Documents i Victorian Curriculum and Assessment Authority (Amendment) Act 2003 Act No. 88/2003 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 2 3. Principal Act 2 4. Part headings inserted 2 5. Definitions inserted 2 6. Functions of Authority 3 7. Powers of the Authority 3 8. Committees 4 9. New Part 3 inserted 5 PART 3—ASSESSMENT REVIEW 5 18A. Authority may investigate certain matters 5 18B. Decision to proceed to hearing 6 18C. Assessment may be withheld pending decision 6 18D. Notice of hearing 7 18E. Procedure of review committee 7 18F. Review committee may summon witnesses 8 18G. Cross-examination of witnesses 8 18H. Legal representation 8 18I. Decision of review committee 9 18J. Notification of decision 10 18K. Student may appeal against school decisions etc. 10 18L. Review by appeals committee 12 18M. Appointment of appeals committee 13 18N. Notification of alteration of record of student assessment 14 10. New section 20A inserted 15 20A. Transitional—2003 amendments 15 ═══════════════ ENDNOTES 16 -- 1 of 17 -- Victorian Legislation and Parliamentary Documents 1 Victorian Curriculum and Assessment Authority (Amendment) 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 Victorian Curriculum and Assessment Authority Act 2000 to provide for a process to deal with alleged contraventions by students of the Authority's examination rules and assessment rules. Victoria No. 88 of 2003 -- 2 of 17 -- Victorian Legislation and Parliamentary Documents Act No. 88/2003 Victorian Curriculum and Assessment Authority (Amendment) Act 2003 2 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3. Principal Act In this Act, the Victorian Curriculum and Assessment Authority Act 2000 is called the Principal Act. 4. Part headings inserted In the Principal Act— (a) before section 1 insert— "PART 1—PRELIMINARY"; (b) after section 3 insert— "PART 2—VICTORIAN CURRICULUM AND ASSESSMENT AUTHORITY"; (c) before section 19 insert— "PART 4—GENERAL". 5. Definitions inserted In section 3 of the Principal Act insert the following definitions— ' "accredited" has the same meaning as in the Victorian Qualifications Authority Act 2000; "contravention", in relation to a rule, includes a failure to comply with the rule; "review committee" means a committee referred to in section 12(3A);'. s. 2 See: Act No. 96/2000. LawToday: www.dms. dpc.vic. gov.au -- 3 of 17 -- Victorian Legislation and Parliamentary Documents Act No. 88/2003 Victorian Curriculum and Assessment Authority (Amendment) Act 2003 3 6. Functions of Authority (1) After section 6(1)(c) of the Principal Act insert— "(ca) conduct assessments of students in years 11 and 12 undertaking accredited courses; (cb) arrange with schools and other persons, bodies or agencies providing accredited courses to conduct, on behalf of the Authority, school-based assessments of students in those courses; (cc) approve the establishment of examination centres for the conduct of examinations in accredited courses and to withdraw approval of examination centres; (cd) set rules for the conduct of assessments, including examinations, referred to in paragraphs (ca) and (cb);". (2) After section 6(1)(f) of the Principal Act insert— "(fa) conduct investigations and hearings in accordance with Part 3 and, if necessary, amend or cancel assessments in accordance with that Part; (fb) provide records of students' assessments to the Victorian Qualifications Authority established under the Victorian Qualifications Authority Act 2000;". 7. Powers of the Authority After section 7(1) of the Principal Act insert— "(1A) The Authority may require schools and other persons, bodies or agencies providing accredited courses— (a) to submit to the Authority school-based assessments of students in those courses; s. 6 -- 4 of 17 -- Victorian Legislation and Parliamentary Documents Act No. 88/2003 Victorian Curriculum and Assessment Authority (Amendment) Act 2003 4 (b) to provide to all students in years 11 and 12 undertaking accredited courses— (i) the Authority's rules for the conduct of assessments; and (ii) any other information specified by the Authority.". 8. Committees (1) In section 12(3) of the Principal Act, after "members" insert "and other persons approved by the Minister". (2) After section 12(3) of the Principal Act insert— "(3A) A committee or committees established to hear matters under Part 3, to be known as a review committee, must each consist of— (a) a member of the Authority who is to be chairperson of the committee; and (b) 2 other persons, who need not be members of the Authority, approved by the Minister.". (3) After section 12(4) of the Principal Act insert— "(5) The Minister may approve the appointment of any person who is not a member of the Authority to be a member of a committee, other than the executive committee, established under this section. (6) A person appointed to a committee after approval by the Minister under sub-section (5), other than a person referred to in sub- section (7), is entitled to be paid— (a) any remuneration that is fixed from time to time by the Governor in Council; and s. 8 -- 5 of 17 -- Victorian Legislation and Parliamentary Documents Act No. 88/2003 Victorian Curriculum and Assessment Authority (Amendment) Act 2003 5 (b) allowances for travelling and personal expenses at the rates and on the conditions applicable to officers of the public service. (7) Sub-section (6) does not apply to a person who holds a full-time government office or a full-time office in the public service, teaching service or with a statutory authority and whose travelling and personal expenses are met through that office.". 9. New Part 3 inserted After section 18 of the Principal Act insert— "PART 3—ASSESSMENT REVIEW 18A. Authority may investigate certain matters (1) The Authority may conduct an investigation into— (a) a suspected contravention of the examination rules of the Authority; or (b) an allegation that a student's assessment by the Authority was obtained by fraudulent, illegal or unfair means. (2) In conducting an investigation under sub- section (1), the Authority may nominate a person on its behalf to interview any student enrolled in an accredited course. (3) A person nominated to interview a student must give notice of the interview to the student not less than 24 hours before the interview. (4) Notice of an interview— (a) need not be in writing; and (b) may nominate a time and place for the interview; and s. 9 -- 6 of 17 -- Victorian Legislation and Parliamentary Documents Act No. 88/2003 Victorian Curriculum and Assessment Authority (Amendment) Act 2003 6 (c) must give particulars of the matter under investigation. (5) In addition to any other matter discussed at the interview, the student must be informed of possible further action by the Authority and possible consequences to the student. (6) The person who conducts an interview must submit a written report of the interview to the chief executive officer of the Authority as soon as practicable after the interview. 18B. Decision to proceed to hearing (1) The chief executive officer of the Authority may, after considering a report submitted in accordance with section 18A(6), make a request to the Authority that a review committee conduct a hearing. (2) A person who has participated in the investigation of a matter is not entitled to be a member of the review committee hearing the matter. (3) A student who is required to attend a hearing before a review committee must have been interviewed in accordance with section 18A. 18C. Assessment may be withheld pending decision The Authority may withhold the assessment of a student who is required to attend a hearing before a review committee until the later of— (a) the decision of the review committee and the expiry of the period referred to in section 18L(2); or s. 9 -- 7 of 17 -- Victorian Legislation and Parliamentary Documents Act No. 88/2003 Victorian Curriculum and Assessment Authority (Amendment) Act 2003 7 (b) if the student applies to an appeals committee for review of the decision, notification to the Authority by the appeals committee of its determination of the application. 18D. Notice of hearing The chief executive officer of the Authority must give a student who is required to attend a hearing before a review committee— (a) written notice of the hearing not less than 7 working days before the hearing is due to commence; and (b) copies of the information and documents on which the Authority intends to rely at the hearing not less than 5 working days before the hearing is due to commence. 18E. Procedure of review committee At a hearing— (a) subject to this Act, the procedure of a review committee is in its discretion; and (b) the proceedings must be conducted with as little formality and technicality as the requirements of this Act and the proper consideration of the matter permit; and (c) a review committee is not bound by rules of evidence but may inform itself in any way it thinks fit; and (d) a review committee is bound by the rules of natural justice. s. 9 -- 8 of 17 -- Victorian Legislation and Parliamentary Documents Act No. 88/2003 Victorian Curriculum and Assessment Authority (Amendment) Act 2003 8 18F. Review committee may summon witnesses Sections 14, 15, 16 and 21A of the Evidence Act 1958 apply to a review committee in the conduct of a hearing as if it were a board or the chairman of a board appointed by the Governor in Council. 18G. Cross-examination of witnesses (1) The cross-examination of witnesses in a hearing before a review committee is in the discretion of the review committee. (2) An exercise of the discretion under sub- section (1) must be consistent with the rules of natural justice. 18H. Legal representation (1) A student may be represented by a legal practitioner at a hearing before a review committee. (2) A review committee may be assisted by a person nominated by the Authority. (3) A person assisting a review committee under this section— (a) is entitled to be present during the whole of the proceedings; and (b) must ensure that all relevant information is put before the review committee but must not act as prosecutor; and (c) must advise the review committee on any matter on which it seeks to be advised but must not adjudicate on the matter before the review committee. s. 9 -- 9 of 17 -- Victorian Legislation and Parliamentary Documents Act No. 88/2003 Victorian Curriculum and Assessment Authority (Amendment) Act 2003 9 18I. Decision of review committee If a review committee is satisfied on the balance of probabilities that a student— (a) has contravened the examination rules of the Authority; or (b) has obtained an assessment by the Authority by fraudulent, illegal or unfair means— the review committee may— (c) reprimand the student; or (d) amend or cancel the student's grade for the examination in which the contravention occurred; or (e) both— (i) amend or cancel the student's grade for the examination in which the contravention occurred; and (ii) amend or cancel any or all of the student's assessments in the same study, including cancellation of satisfactory completion of the study; or (f) amend or cancel the student's grades for examinations or other assessments in one or more other studies, including cancellation of satisfactory completion of a study; or (g) cancel all the student's grades for examinations and other assessments conducted by the Authority during the year in which the contravention occurred or the assessment was s. 9 -- 10 of 17 -- Victorian Legislation and Parliamentary Documents Act No. 88/2003 Victorian Curriculum and Assessment Authority (Amendment) Act 2003 10 obtained, including cancellation of satisfactory completion of the course. 18J. Notification of decision (1) A review committee must give its decision— (a) orally at the hearing; and (b) in writing to the student concerned not later than 7 days after the hearing. (2) A review committee must set out in its written decision— (a) the reasons for its decision; and (b) the findings on material questions of fact that led to the decision. (3) A review committee must notify the Authority without delay of its decision. 18K. Student may appeal against school decisions etc. (1) A student at a school may appeal to the Authority against a decision by the school, and any penalty imposed, in respect of a contravention of the assessment rules of the Authority relating to school-based assessments. (2) An appeal under sub-section (1) must be made by notice in writing to the chief executive officer of the Authority not later than 14 days after the student receives written notice of the decision from the school. (3) On receipt of a notice of appeal, the chief executive officer of the Authority must nominate an employee of the Authority to interview the parties to the appeal and attempt to resolve the matter. s. 9 -- 11 of 17 -- Victorian Legislation and Parliamentary Documents Act No. 88/2003 Victorian Curriculum and Assessment Authority (Amendment) Act 2003 11 (4) Not later than 7 days after the interview, the school must, by notice in writing, advise the student and the Authority that in relation to the student— (a) it has rescinded its decision and any penalty imposed; or (b) it has rescinded the penalty imposed; or (c) it has reduced the penalty imposed; or (d) it confirms both the decision and the penalty imposed. (5) If the school rescinds its decision and any penalty imposed in relation to the student, the student's appeal is taken to have been withdrawn. (6) On receipt of a notice under sub-section (4)(b), (c) or (d), the Authority must request the student to elect either— (a) to withdraw the appeal; or (b) to confirm that the appeal is to proceed. (7) If a student elects to proceed with an appeal, the chief executive officer of the Authority must refer the appeal to a review committee for hearing and determination. (8) An appeal under this section must be conducted as a re-hearing. (9) Sections 18D, 18E, 18F, 18G, 18H and 18J apply to the hearing of an appeal under this section. (10) If a review committee is satisfied on the balance of probabilities that the student has contravened the assessment rules of the Authority relating to school-based assessments, the review committee may— s. 9 -- 12 of 17 -- Victorian Legislation and Parliamentary Documents Act No. 88/2003 Victorian Curriculum and Assessment Authority (Amendment) Act 2003 12 (a) reprimand the student; or (b) if practicable, permit the student to re- submit to the school work required for— (i) assessment in the study or the course; or (ii) satisfactory completion of the study or the course; or (c) refuse to accept part of the work and request the school to assess the student on the remainder of the work submitted; or (d) amend the student's school-based assessment. 18L. Review by appeals committee (1) A student affected by a decision of a review committee, other than a decision under section 18K, may apply for review of the decision by an appeals committee on one or both of the following grounds— (a) the decision was unreasonable; (b) the penalty imposed was too harsh. (2) An application under sub-section (1) must be made by notice in writing to the chief executive officer of the Authority not later than 14 days after the day on which the review committee gave its decision orally at the hearing. (3) The chief executive officer of the Authority must refer an application under sub-section (1) to an appeals committee for determination. s. 9 -- 13 of 17 -- Victorian Legislation and Parliamentary Documents Act No. 88/2003 Victorian Curriculum and Assessment Authority (Amendment) Act 2003 13 (4) A student may make a written submission to the appeals committee but is not entitled to be heard in support of the written submission or to appear before the appeals committee. (5) An appeals committee must review a decision made by a review committee having regard to all the documents before the review committee, the written decision of the review committee and any written submission made by the student. (6) In determining an application for review of a decision made by a review committee, an appeals committee may— (a) affirm the decision under review; or (b) vary the decision under review; or (c) set aside the decision under review. (7) An appeals committee must notify the Authority without delay of its determination of an application for review under this section. (8) The Minister may, by order published in the Government Gazette, fix rules with respect to the procedure to be followed on applications for review under this section. 18M. Appointment of appeals committee (1) An appeals committee consists of 3 members appointed by the Minister to determine applications for review under section 18L. (2) The Minister may appoint more than one appeals committee at any time. (3) A member of an appeals committee must not be a member of the Authority, a member of a committee of the Authority or an employee of the Authority. s. 9 -- 14 of 17 -- Victorian Legislation and Parliamentary Documents Act No. 88/2003 Victorian Curriculum and Assessment Authority (Amendment) Act 2003 14 (4) The members of an appeals committee must have between them— (a) knowledge of the assessment programs of the Authority; and (b) knowledge of this Act; and (c) knowledge of the field of secondary education. (5) A member of an appeals committee holds office for the term not exceeding 12 months that is specified in the instrument of appointment, and is eligible for re- appointment. (6) A member of an appeals committee, other than a person who holds a full-time government office or a full-time office in the public service, teaching service or with a statutory authority and whose travelling and personal expenses are met through that office, is entitled to be paid any remuneration and allowances that are specified in the instrument of appointment. 18N. Notification of alteration of record of student assessment If a student's assessment is amended or cancelled under this Part, the Authority— (a) must give written notice to the student concerned; and (b) may give written notice to any other person to whom a copy of the student's record has previously been provided— that the record of assessment has been so amended or cancelled, as the case requires.". s. 9 -- 15 of 17 -- Victorian Legislation and Parliamentary Documents Act No. 88/2003 Victorian Curriculum and Assessment Authority (Amendment) Act 2003 15 10. New section 20A inserted After section 20 of the Principal Act insert— "20A. Transitional—2003 amendments This Act as amended by the Victorian Curriculum and Assessment Authority (Amendment) Act 2003 applies to— (a) all student assessments provided to or calculated by the Authority on or after 1 October 2003; and (b) all decisions made by schools and penalties imposed in respect of a contravention of the Authority's assessment rules relating to school- based assessments— (i) on or after the commencement of the Victorian Curriculum and Assessment Authority (Amendment) Act 2003; and (ii) made before the commencement of the Victorian Curriculum and Assessment Authority (Amendment) Act 2003, if the student has lodged a notice of appeal within 14 days after being advised of the school's decision and the appeal has not been heard.". ═══════════════ s. 10 -- 16 of 17 -- Victorian Legislation and Parliamentary Documents Act No. 88/2003 Victorian Curriculum and Assessment Authority (Amendment) Act 2003 16 ENDNOTES † Minister's second reading speech— Legislative Assembly: 15 October 2003 Legislative Council: 5 November 2003 The long title for the Bill for this Act was "to amend the Victorian Curriculum and Assessment Authority Act 2000 and for other purposes." Endnotes -- 17 of 17 --