Victorian Curriculum and Assessment Authority Act 2000

i Victorian Curriculum and Assessment Authority Act 2000 Act No. 96/2000 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 1 3. Definitions 2 4. Establishment of Authority 4 5. Objectives of the Authority 4 6. Functions of Authority 5 7. Powers of Authority 7 8. Ministerial directions 8 9. Membership of Authority 9 10. Terms and conditions of appointment 10 11. Acting appointments 11 12. Establishment of committees 11 13. Staff of Authority 12 14. Meetings of Authority 12 15. Delegation of Authority's power 13 16. Delegation of Minister's power 13 17. Victorian Curriculum and Assessment Authority Fund 14 18. Investment powers 14 19. Repeal 14 20. Transitional provisions 14 21. Saving of existing Board members 16 22. Borrowing and Investment Powers Act 1987 16 ═══════════════ ENDNOTES 17 -- 1 of 18 -- 1 Victorian Curriculum and Assessment Authority Act 2000 † [Assented to 5 December 2000] The Parliament of Victoria enacts as follows: 1. Purpose The main purpose of this Act is to establish the Victorian Curriculum and Assessment Authority. 2. Commencement (1) Subject to sub-section (2), the provisions of this Act come into operation on a day or days to be proclaimed. Victoria No. 96 of 2000 -- 2 of 18 -- Act No. 96/2000 Victorian Curriculum and Assessment Authority Act 2000 2 (2) If a provision referred to in sub-section (1) does not come into operation before 1 December 2001, it comes into operation on that day. 3. Definitions In this Act— "Authority" means the Victorian Curriculum and Assessment Authority established by this Act; "Board" means the Board of Studies established by the Board of Studies Act 1993; "chairperson" means chairperson of the Authority; "course" means— (a) a course normally undertaken in, or designed to be undertaken in a school in the years from the preparatory year to year 12 including a course leading to the issue of the VCE; or (b) a program of study or training leading to the award or issue of a particular qualification; or (c) a subject or other part of a program of study or training leading to the award or issue of a particular qualification; or (d) any other study or training notified by the Minister in the Government Gazette and in accordance with section 78 of the Education Act 1958 to be a course for the purposes of this Act; "curriculum" means the course design including content, support materials and other learning resources in accordance with course accreditation; s. 3 -- 3 of 18 -- Act No. 96/2000 Victorian Curriculum and Assessment Authority Act 2000 3 "Department" means the Department of Education, Employment and Training; "Fund" means Victorian Curriculum and Assessment Authority Fund established under section 17; "learning outcome", in relation to a course, means a written statement of what a student will know and be able to do as a result of successfully undertaking the course; "member" means member of the Authority and includes the chairperson; "qualification" means the recognition, by the award or issue of a certificate or otherwise, that a student has achieved specified learning outcomes or competencies through the completion of a course; "recognised qualification" means a qualification that is registered on the State Register of Accredited Courses and Recognised Qualifications under section 19 of the Victorian Qualifications Authority Act 2000; "school" means a State school within the meaning of the Education Act 1958 or a school registered under Part III of that Act; "VCE" means the Victorian Certificate of Education; "VET in Schools course" means a course that— (a) is designated by the Authority to be a VET in Schools course; and (b) leads to the award of a qualification in vocational education and training that is approved by the Authority to be credited towards the VCE. s. 3 -- 4 of 18 -- Act No. 96/2000 Victorian Curriculum and Assessment Authority Act 2000 4 4. Establishment of Authority (1) There is established a Victorian Curriculum and Assessment Authority. (2) The Authority— (a) is a body corporate with perpetual succession; (b) has a common seal; (c) may sue and be sued in its corporate name; (d) may acquire, hold and dispose of real and personal property; (e) may do and suffer all acts and things that a body corporate may by law do and suffer. (3) The common seal must be kept as directed by the Authority and must only be used as authorised by the Authority. (4) All courts must take judicial notice of the imprint of the common seal on a document and, until the contrary is proved, must presume that the document was properly sealed. 5. Objectives of the Authority The objectives of the Authority are— (a) to develop high quality courses and curriculum and assessment products and services; (b) to develop courses normally undertaken in, or designed to be undertaken in the school years 11 and 12 including courses leading to the issue of the VCE that will prepare students for successful transition to employment, tertiary education, vocational education and training and further education; s. 4 -- 5 of 18 -- Act No. 96/2000 Victorian Curriculum and Assessment Authority Act 2000 5 (c) provide linkages that will facilitate movement between those courses and other courses. 6. Functions of Authority (1) The functions of the Authority are to— (a) develop policies, criteria and standards for curriculum, assessments and courses for school students, including courses leading to recognised qualifications; (b) develop, evaluate and approve— (i) curriculum for courses normally undertaken in, or designed to be undertaken in the school years 11 and 12 which are accredited under the Victorian Qualifications Authority Act 2000 or which could be accredited under that Act and assessment procedures for those courses; and (ii) courses for students at other school years; (c) oversee the delivery of, and conduct assessments for, the VCE and any other qualification available to a student in a school except a qualification in vocational education and training or further education that is a recognised qualification; (d) develop and maintain the Curriculum Standards Framework and other standards for measuring and reporting on student performance; (e) conduct assessments against the Curriculum Standards Framework and other standards for measuring and reporting on student performance; s. 6 -- 6 of 18 -- Act No. 96/2000 Victorian Curriculum and Assessment Authority Act 2000 6 (f) do any of the following by arrangement with other persons, bodies or agencies— (i) design, develop and evaluate a curriculum or course (whether leading to a recognised qualification or not) and an assessment or assessment method for the course or any other course (whether leading to a recognised qualification or not); (ii) oversee the delivery of the course and conduct assessments of students undertaking the course; (iii) design, develop and evaluate curriculum and assessment products and services; (g) monitor— (i) patterns of participation by school students in courses including VET in Schools courses; and (ii) the quality of outcomes of courses including VET in Schools courses for school students; (h) advise the Victorian Qualifications Authority about patterns of participation and quality of outcomes referred to in paragraph (g) relating to courses in schools normally undertaken in years 11 to 12 including VET in Schools courses and the qualifications relating to those courses; (i) give advice or make recommendations to the Minister about any educational policy or strategy relating to its objective or functions; s. 6 -- 7 of 18 -- Act No. 96/2000 Victorian Curriculum and Assessment Authority Act 2000 7 (j) prepare and maintain records of student assessment and, on request, provide a copy of a student's record to the student or a person authorised by the student to receive it; (k) make available to the general public information collected by the Authority on results of schooling as measured by assessments of student performance; and other statistical information relating to its functions; (l) commission or conduct research on matters related to its functions; (m) provide professional development activities related to its functions; (n) provide information services about its practices and functions; (o) report on student performance to the Minister, the Secretary to the Department and relevant bodies; (p) any other function conferred on or delegated to the Authority under this or any other Act. (2) The Authority may issue a qualification relating to any course undertaken by a school student in any year up to and including year 10. 7. Powers of Authority (1) For the purpose of performing its functions, the Authority may— (a) enter into contracts, agreements or arrangements; (b) charge fees (not exceeding any amount fixed for the purpose by an Order made by the Governor in Council and published in the s. 7 -- 8 of 18 -- Act No. 96/2000 Victorian Curriculum and Assessment Authority Act 2000 8 Government Gazette) for services provided by it; (c) publish and sell any information acquired by it; (d) apply for, obtain and hold, whether on its own behalf or jointly with any other person, any intellectual property rights; (e) enter into agreements or arrangements for the commercial exploitation of the rights referred to in paragraph (d), whether by assignment, licensing or otherwise; (f) do any other thing that is necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions including any function delegated to it. (2) This section does not limit any other power given to the Authority by any other provision of this Act or any other Act. 8. Ministerial directions (1) The Minister may give to the Authority written directions in relation to the exercise of its powers or the performance of its functions, including discretionary powers and functions. (2) The Minister may not give any direction in relation to the awarding of a certificate or qualification to any particular student or the assessment contained in a certificate or qualification to be awarded to any particular student. (3) The Authority must comply with any directions given under sub-section (1). s. 8 -- 9 of 18 -- Act No. 96/2000 Victorian Curriculum and Assessment Authority Act 2000 9 (4) The Authority must include in its annual report a copy of each direction given to it under sub- section (1) in the period to which the report relates. 9. Membership of Authority (1) The Authority consists of not less than 8 and not more than 15 members of whom— (a) one must be the Secretary to the Department or the person nominated from time to time by the Secretary; (b) one must be the Chairperson of the Victorian Qualifications Authority or the person nominated from time to time by the Chairperson; (c) the remaining members must be appointed by the Governor in Council on the nomination of the Minister. (2) The Governor in Council must appoint as chairperson of the Authority, the member of the Authority nominated by the Minister to be chairperson of the Authority. (3) The Minister must have regard to a person's experience relevant to the functions of the Authority in nominating persons for appointment under sub-section (1)(c). (4) The members hold office on a part-time basis. (5) A member may resign from office by delivering to the Governor in Council a signed letter of resignation. (6) The Governor in Council may at any time remove a member from office. s. 9 -- 10 of 18 -- Act No. 96/2000 Victorian Curriculum and Assessment Authority Act 2000 10 10. Terms and conditions of appointment (1) An appointed member holds office for the term, not exceeding 3 years, that is specified in the instrument of appointment, and is eligible for re- appointment. (2) The office of an appointed member becomes vacant if— (a) the member becomes bankrupt; or (b) the member is found guilty of an offence which is, or which would if committed in Victoria be, an indictable offence; or (c) the member is absent from 3 consecutive meetings of the Authority without the leave of the chairperson, or in the case of the chairperson without the Minister's leave; (3) A member must in the exercise of his or her functions— (a) act honestly; and (b) exercise reasonable care and diligence; and (c) not make improper use of any information acquired as a member of the Authority; and (d) disclose to the Authority any conflict of interest or duties except those arising directly out of the person's qualification for membership of the Authority. (4) An appointed member, 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— (a) any remuneration that is specified in the instrument of appointment or that is fixed s. 10 -- 11 of 18 -- Act No. 96/2000 Victorian Curriculum and Assessment Authority Act 2000 11 from time to time by the Governor in Council; and (b) allowances for travelling and personal expenses at the rates and on the conditions applicable to officers of the public service. (5) A member is appointed subject to any other terms and conditions that are specified in the instrument of appointment and that are not inconsistent with this Act. 11. Acting appointments (1) The Minister may appoint a person to act in the place of a member who is absent or who is, for any other reason, unable to perform the duties of the office. (2) A person appointed under sub-section (1)— (a) has all the powers and may perform all the duties of the member for whom he or she is acting; (b) is entitled to the remuneration and allowances (if any) to which the member for whom he or she is acting would have been entitled for performing those duties; (c) subject to this section, is subject to the same terms and conditions of appointment as the member for whom he or she is acting. 12. Establishment of committees (1) The Authority must establish a committee to be known as the executive committee. (2) The executive committee consists of the chairperson of the Authority, the Chief Executive Officer of the Authority and 3 other members nominated by the Minister. s. 11 -- 12 of 18 -- Act No. 96/2000 Victorian Curriculum and Assessment Authority Act 2000 12 (3) With the approval of the Minister as to establishment and membership, the Authority may, to facilitate its functioning, establish any other committee and appoint members to it. (4) A committee may exercise any power delegated to the members of the committee by the Authority. 13. Staff of Authority (1) A chief executive officer and as many other employees as are necessary for the proper functioning of the Authority are to be employed under Part 3 of the Public Sector Management and Employment Act 1998. (2) The chief executive officer is responsible to the Authority for policy and operational matters and to the Secretary of the Department for budgetary, personnel and other administrative matters. 14. Meetings of Authority (1) Meetings of the Authority (of which there must be at least 6 in each year) shall be held at the times and places determined by the Authority or directed by the chairperson. (2) The chairperson must preside at any meeting of the Authority at which he or she is present. (3) If the chairperson and any person nominated by the chairperson to act in the Chairperson's absence is absent, a member elected by the members present must preside. (4) A majority of the members in office at the time constitutes a quorum for a meeting of the Authority. (5) A question arising at a meeting of the Authority must be determined by a majority of votes of the members present and voting on that question and, s. 13 -- 13 of 18 -- Act No. 96/2000 Victorian Curriculum and Assessment Authority Act 2000 13 if the votes are equal, the person presiding has a casting vote as well as a deliberative vote. (6) The Authority may permit members to participate in a particular meeting, or all meetings, by telephone, closed circuit television or other means of communication. (7) An act or decision of the Authority is not invalid only because— (a) of a vacancy in the office of a member; or (b) of a defect or irregularity in or in connection with the appointment of a member; or (c) the occasion for a person to be appointed to act in the place of a member, or for a person to act for a member, had ceased to exist or had not arisen. (8) The Minister is entitled to attend any meeting of the Authority. (9) Subject to this Act, the Authority may regulate its own meeting procedure. 15. Delegation of Authority's power The Authority may, by instrument under its common seal, delegate to the members of a committee established under section 12, a member of the Authority, the chief executive officer, or to any other person employed in the Department in the administration or execution of this Act or the Education Act 1958 any power of the Authority, other than this power of delegation. 16. Delegation of Minister's power The Minister may, by instrument, delegate to any person employed in the administration or execution of this Act or the Education Act 1958 any power of the Minister under this Act, other than this power of delegation. s. 15 -- 14 of 18 -- Act No. 96/2000 Victorian Curriculum and Assessment Authority Act 2000 14 17. Victorian Curriculum and Assessment Authority Fund (1) The Authority must establish and maintain a Fund to be known as the Victorian Curriculum and Assessment Authority Fund. (2) There must be paid into the Fund— (a) any investment income received by the Authority; and (b) the proceeds of the sale of any investment made by the Authority; and (c) any fees or other money received by the Authority. (3) There must be paid out of the Fund any payment that is authorised by the Authority to be made out of the Fund for or towards the costs and expenses of the exercise of powers or performance of functions by the Authority. 18. Investment powers The Authority has the investment powers conferred on it by the Borrowing and Investment Powers Act 1987. 19. Repeal The Board of Studies Act 1993 is repealed. 20. Transitional provisions (1) The Board of Studies continued under the Board of Studies Act 1993 is abolished and its members go out of office. (2) All rights, property and assets (except any intellectual property rights in or in relation to any trade mark relating to the VCE) that, immediately before the commencement of section 19 were vested in the Board are, by force of this sub- section, vested in the Authority. s. 17 -- 15 of 18 -- Act No. 96/2000 Victorian Curriculum and Assessment Authority Act 2000 15 (3) All intellectual property rights in or in relation to any trade mark relating to the VCE that, immediately before the commencement of section 19, were vested in the Board are, by force of this sub-section, vested in the Victorian Qualifications Authority. (4) The Board of Studies Fund established under the Board of Studies Act 1993 is abolished and all money standing to the credit of that Fund immediately before the commencement of section 19 is, by force of this sub-section, credited to the Victorian Curriculum and Assessment Authority Fund. (5) All debts, liabilities and obligations of the Board existing immediately before the commencement of section 19 become, by force of this sub-section, debts, liabilities and obligations of the Authority. (6) The Authority is, by force of this sub-section, substituted as a party to any proceedings pending in any court or tribunal to which the Board was a party immediately before the commencement of section 19. (7) The Authority is, by force of this sub-section, substituted as a party to any arrangement or contract entered into by or on behalf of the Board as a party and in force immediately before the commencement of section 19. (8) Any act, matter or thing done by or in relation to the Board before the commencement of section 19 has effect as if it had been done by or in relation to the Authority and continues to have the same effect after that commencement as it had before then. (9) Any reference to the Board in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other s. 20 -- 16 of 18 -- Act No. 96/2000 Victorian Curriculum and Assessment Authority Act 2000 16 document whatsoever must, so far as it relates to any period after the commencement of section 19 and if not inconsistent with the context or subject- matter, be construed as a reference to the Authority. (10) The Curriculum and Standards Framework established by the Board and in force immediately before the commencement of section 19 continues as the Curriculum and Standards Framework for the purposes of this Act. 21. Saving of existing Board members A person who, immediately before the commencement of section 19, held office as a member of the Board or as the chairperson of the Board is deemed to hold office as a member of the Authority or as the chairperson of the Authority subject to this Act on and after that commencement for the balance of his or her term of appointment and on the same terms and conditions as applied with respect to that appointment. 22. Borrowing and Investment Powers Act 1987 At the end of Schedule 1 to the Borrowing and Investment Powers Act 1987 insert— "40. Victorian Curriculum and Assessment Authority 20, 20A and 21". ═══════════════ s. 21 Act No. 13/1987. -- 17 of 18 -- Act No. 96/2000 Victorian Curriculum and Assessment Authority Act 2000 17 ENDNOTES † Minister's second reading speech— Legislative Assembly: 2 November 2000 Legislative Council: 23 November 2000 The long title for the Bill for this Act was "to establish the Victorian Curriculum and Assessment Authority, to abolish the Board of Studies and to repeal the Board of Studies Act 1993 and for other purposes." Endnotes -- 18 of 18 --