Education Acts (Amendment) Act 2000

i Education Acts (Amendment) Act 2000 Act No. 8/2000 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 2 3. Repeal of provisions relating to self-governing schools 2 4. New sections inserted 3 15ZD. Secretary's power to transfer staff 3 15ZE. Secretary to notify staff regarding transfers 3 15ZF. Secretary to make individual offers 4 15ZG. Employee may elect to transfer 4 15ZH. Secretary to transfer staff 5 15ZI. Transfers to teaching service 5 15ZJ. Transfer of staff other than teachers and principals 6 15ZK. Staff who do not transfer 7 15ZL. Ministerial orders in respect of non-transferred staff 8 15ZM. Continuing certain powers in relation to property 8 15ZN. Continuation of certain partnerships, associations and joint ventures 8 15ZO. Termination of educational services agreements 9 5. Amendment of the Teaching Service Act 1981 9 ═══════════════ NOTES 10 -- 1 of 11 -- 1 Education Acts (Amendment) Act 2000 † [Assented to 18 April 2000] The Parliament of Victoria enacts as follows: 1. Purpose The main purpose of this Act is to amend the Education Act 1958 and the Teaching Service Act 1981 to— (a) revoke special functions and powers given to certain school councils; (b) provide for the transfer of staff employed by those councils; Victoria No. 8 of 2000 -- 2 of 11 -- Act No. 8/2000 Education Acts (Amendment) Act 2000 2 (c) make transitional provisions for other agreements and arrangements entered into by those school councils. 2. Commencement (1) Section 1 and this section come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in sub-section (2) does not come into operation before 1 July 2001, it comes into operation on that day. 3. Repeal of provisions relating to self-governing schools (1) In the Education Act 1958— (a) section 15BA is repealed; (b) sections 15R and 15S and sections 15U to 15ZB are repealed; (c) in section 16, sub-section (8) is repealed. (2) Section 15T of the Education Act 1958 is repealed. (3) The Education (Self-Governing Schools) Act 1998 is repealed. (4) The notices under section 15S of the Education Act 1958 published in the Government Gazette dated 31 December 1998 and the Government Gazette dated 16 June 1999 cease to have effect. s. 2 No. 6240. Reprint No. 8 as at 24 February 2000. -- 3 of 11 -- Act No. 8/2000 Education Acts (Amendment) Act 2000 3 4. New sections 15ZD to 15ZO inserted After section 15ZC of the Education Act 1958 insert— '15ZD. Secretary's power to transfer staff (1) The Secretary may transfer a school council employee who has elected to be transferred to employment under the Teaching Service Act 1981 or section 5 of this Act in accordance with this Division to that employment. (2) The Secretary may only transfer a school council employee on the terms and conditions notified to that employee. (3) In this section and sections 15ZE to 15ZL "school council employee" means a person who, immediately before the commencement of section 3(2) of the Education Acts (Amendment) Act 2000, was employed or engaged by a school council under section 15T as in force immediately before its repeal. 15ZE. Secretary to notify staff regarding transfers (1) The Secretary must take reasonable steps to— (a) notify all school council employees of the provisions of this Division; and (b) request expressions of interests from those employees who wish to elect to transfer to employment in the teaching service established under the Teaching Service Act 1981 or to employment under section 5 of this Act. s. 4 -- 4 of 11 -- Act No. 8/2000 Education Acts (Amendment) Act 2000 4 (2) A school council employee who wishes to elect to transfer to employment in the teaching service established under the Teaching Service Act 1981 or to employment under section 5 of this Act must notify the Secretary within 14 days after receipt of the notice under sub-section (1), that the employee wishes to receive an offer under section 15ZF of the terms and conditions of employment that would apply to that employee on transfer. 15ZF. Secretary to make individual offers (1) The Secretary, within 30 days of receiving a notice from a school council employee under section 15ZE(2), must give that employee an offer of employment specifying the terms and conditions of that employment. (2) An offer under sub-section (1) must specify a period, being not less than 28 days after receipt of the notice, within which the school council employee must notify the Secretary of his or her election to transfer to employment in accordance with the terms and conditions specified in that offer. 15ZG. Employee may elect to transfer (1) A school council employee who has received an offer of employment under section 15ZF may elect to transfer to that employment by notifying the Secretary in writing of his or her election to transfer within the period specified by the Secretary under section 15ZF. (2) The Secretary may accept an election to transfer under sub-section (1) from a school council employee whose election is not received within the period specified in the s. 4 -- 5 of 11 -- Act No. 8/2000 Education Acts (Amendment) Act 2000 5 offer made by the Secretary under section 15ZF, if the Secretary is satisfied that it is reasonable to do so in the circumstances. 15ZH. Secretary to transfer staff (1) The Secretary, by notice in writing to a school council employee who has elected to transfer in accordance with section 15ZG, may transfer that employee— (a) in the case of a school council employee employed or engaged as a teacher or principal (however designated), to the teaching service established under the Teaching Service Act 1981; or (b) in any other case, to employment under section 5 of this Act. (2) The Secretary must specify a date in the notice under sub-section (1) from which the transfer is effective. 15ZI. Transfers to teaching service (1) On the date specified by the Secretary under section 15ZH, a school council employee referred to in section 15ZH(1)(a)— (a) ceases to be employed or engaged by a school council under section 15T; and (b) is transferred to the teaching service established under the Teaching Service Act 1981; and (c) is entitled to long service leave, annual leave, sick leave, maternity leave and other leave which have accrued to that employee as if the period of employment or engagement under section 15T had been service in the s. 4 -- 6 of 11 -- Act No. 8/2000 Education Acts (Amendment) Act 2000 6 teaching service established under the Teaching Service Act 1981 and those entitlements had accrued in accordance with that Act. (2) The service of a school council employee during a period of employment or engagement by a school council under section 15T is to be treated for the purposes of the Teaching Service Act 1981 and the State Superannuation Act 1988 as being continuous with the service of that employee as a member of the teaching service. 15ZJ. Transfer of staff other than teachers and principals (1) On the date specified by the Secretary under section 15ZH, a school council employee referred to in section 15ZH(1)(b)— (a) ceases to be employed or engaged by a school council under section 15T; and (b) is transferred to employment under section 5; and (c) is entitled to long service leave, annual leave, sick leave, maternity leave and other leave which have accrued to that employee as if the period of employment or engagement under section 15T had been employment under section 5 and those entitlements had accrued in accordance with this Act. (2) The service of a school council employee during a period of employment or engagement by a school council under section 15T is to be treated for the purposes of employment under section 5 of this Act s. 4 -- 7 of 11 -- Act No. 8/2000 Education Acts (Amendment) Act 2000 7 and for the purposes of the State Superannuation Act 1988 as being continuous with the service of that employee under section 5. 15ZK. Staff who do not transfer (1) A school council employee who has not elected to transfer to the teaching service established under the Teaching Service Act 1981 or to employment under section 5 of this Act in accordance with section 15ZG— (a) continues, subject to his or her agreement or arrangement relating to employment or engagement with the school council, to be employed or engaged by the school council pursuant to that agreement or arrangement until the agreement or arrangement expires or otherwise ceases to have effect, despite the repeal of section 15T; and (b) on the expiry of that agreement or arrangement or when the agreement or arrangement ceases to have effect, ceases to be employed or engaged by the school council. (2) A school council must not extend the term of or the operation of an agreement or arrangement relating to the employment or engagement of any person to whom this section applies. (3) A school council may continue to deal with a school council employee whose employment or engagement is continued by virtue of this section as if section 15T had not been repealed until the expiry of the agreement or arrangement relating to the employment or s. 4 -- 8 of 11 -- Act No. 8/2000 Education Acts (Amendment) Act 2000 8 engagement or when the agreement or arrangement ceases to have effect. 15ZL. Ministerial orders in respect of non- transferred staff The Minister may continue to make Orders under section 15T(5)(b) in relation to any school council employee whose employment continues under section 15ZK as if section 15T(5)(b) had not been repealed. 15ZM. Continuing certain powers in relation to property (1) A school council that, immediately before the commencement of section 3(1) of the Education Acts (Amendment) Act 2000, had accrued any rights or incurred any obligations in exercising its powers under section 15W of this Act may continue to exercise the powers under section 15W, as in force immediately before that commencement, in relation to those rights and obligations as if section 15W had not been repealed. (2) Nothing in this section limits the power of a school council under section 13(2) of this Act or under an Order made by the Minister under section 13 of this Act. 15ZN. Continuation of certain partnerships, associations and joint ventures (1) A school council that had become a member of a partnership or association or entered into a joint venture under and in accordance with section 15X before the commencement of section 3(1) of the Education Acts (Amendment) Act 2000 may continue to exercise its powers under that section, as in s. 4 -- 9 of 11 -- Act No. 8/2000 Education Acts (Amendment) Act 2000 9 force immediately before that commencement, except those powers referred to in sub-section (2), in relation to that partnership, association or joint venture. (2) A school council that had become or purported to become a member of a partnership or association or had entered into a joint venture under section 15X before the commencement of section 3(1) of the Education Acts (Amendment) Act 2000 does not have power to extend the term of operation of the partnership, association or joint venture. 15ZO. Termination of educational services agreements An educational services agreement that was entered into under section 15Y and that was in force immediately before the commencement of section 3(1) of the Education Acts (Amendment) Act 2000 is, by force of this section, terminated on the date of that commencement and all rights, entitlements, liabilities and obligations under any such agreement cease on that date.'. 5. Amendment of the Teaching Service Act 1981 In section 77(1) of the Teaching Service Act 1981, omit "or to a school council constituted under section 13 of the Education Act 1958". ═══════════════ s. 5 No. 9714. Reprint No. 4 as at 1 July 1997. Further amended by Nos 28/1998, 46/1998, 12/1999 and 15/1999. -- 10 of 11 -- Act No. 8/2000 Education Acts (Amendment) Act 2000 10 NOTES † Minister's second reading speech— Legislative Assembly: 16 March 2000 Legislative Council: 11 April 2000 The long title for the Bill for this Act was "to amend the Education Act 1958 and the Teaching Service Act 1981 to revoke special functions and powers given to certain school councils, to provide for the transfer of staff employed by those councils and to make transitional provisions for other agreements and arrangements entered into by those school councils and for other purposes." Notes -- 11 of 11 --