Education and Training Reform Act 2006

The Act directly affects the following groups:

• Parents and students: Compulsory schooling obligations, home schooling registration, rights to free instruction in learning areas listed in Schedule 1.
• Teachers and early childhood teachers: Registration and regulatory obligations through VIT under Part 2.6 and Division 3A; ongoing registration requirements; criminal record checks under Division 6.
• Government school staff: Employment in the Government Teaching Service under Part 2.4, including classification structures (Principal Class under Division 3, Executive Class under Division 3A), leave entitlements (Division 4), and disciplinary processes (Divisions 9 to 11).
• School councils: Bodies corporate constituted by the Minister under section 2.3.2 to govern government schools; subject to functions, powers and reporting obligations under Part 2.3.
• Non-government schools and proprietors: Registration obligations under Part 4.3 Division 1, including criteria relating to staff qualifications, curriculum delivery, and facilities.
• School boarding premises operators: Registration obligations under Part 4.3 Division 1A.
• TAFE institutes and their councils: Governance, funding, and accountability obligations under Part 3.1 Division 2.
• Registered training organisations: Registration and compliance obligations under Part 4.3 Division 4.
• Higher education providers: Registration requirements under Part 4.3 Division 5.
• Adult and community education providers: Regulatory framework under Part 3.3.
• Government early learning centre operators and staff: Employment and operational framework under Chapter 2A.
• Members of school communities: Protection under Part 2.1A through school community safety orders.

Parental obligations (Part 2.1): Parents must enrol and ensure the attendance of children aged 6 to 17 at a registered school. Where a school enrolment notice is issued under section 2.1.15, the parent must respond in accordance with section 2.1.19. Where a school attendance notice is issued under section 2.1.16, the parent must respond in accordance with section 2.1.20.

Home schooling (Division 2, Part 4.3): Parents who elect home schooling must register the child with VRQA and provide instruction in accordance with the registration requirements. Section 2.1.2A creates an offence for failing without reasonable excuse to provide the required instruction.

Teacher registration (Part 2.6): Teachers must be registered with VIT before teaching in a Victorian school. Early childhood teachers must be registered under Division 3A. Applications for registration, renewal, and change of status must be made to VIT. Teachers are subject to criminal record check requirements under Division 6.

School institution registration: Non-government schools must be registered with VRQA under Part 4.3 Division 1 before operating. School boarding premises must be separately registered under Division 1A. Failure to maintain registration or to meet registration conditions triggers suspension or cancellation powers.

RTO obligations (Part 4.3 Division 4): RTOs must be registered with VRQA (or an equivalent national registration authority). Registration is for up to five years and subject to conditions. RTOs must comply with the Australian Quality Training Framework (AQTF) standards or equivalent national standards.

Information supply (s 5.1.2): The council or governing body of any education or training institution must supply the Minister with any information reasonably required for monitoring, development and planning of education and training.

Authorised officer compliance (Part 5.8): Persons must not obstruct or hinder authorised officers exercising their powers under Part 5.8.

Minister's powers (Part 5.2): Section 5.2.1 confers broad powers on the Minister to set overall policy for education and training, issue policies, guidelines, advice and directions to education or training institutions, and establish, name, modify, merge or close government schools. The Minister may also issue directions to TAFE institutes about activities conducted outside Victoria.

School community safety orders (Part 2.1A): A principal or the Secretary may apply for an immediate or ongoing school community safety order to protect members of the school community from harmful, threatening or abusive behaviour. Division 2 deals with immediate orders and Division 3 with ongoing orders. VCAT reviews are available under Division 4.

VIT investigative and regulatory powers (Part 2.6): VIT has powers to investigate complaints and notifications concerning registered teachers and early childhood teachers (Division 11), convene hearing panel hearings (Division 12), suspend registration on an interim basis under Division 8A (before a hearing), and cancel registration under Division 9 on specified grounds. The Register of Disciplinary Action (Division 13A) records adverse determinations.

VRQA powers (Part 4.2): VRQA may impose, vary or revoke conditions on registrations, suspend or cancel registrations (including of non-government schools, RTOs, and higher education providers), issue compliance notices, and conduct investigations. VRQA must give notice and afford procedural fairness before adverse decisions.

Secretary's enforcement powers (Part 5.8): Authorised officers appointed by the Secretary or VRQA may enter premises, inspect and copy records, take samples, and issue notices to produce (Division 5) and notices to comply (Division 6). The Secretary may also accept enforceable undertakings (Division 9) and seek adverse publicity orders (Division 10) against non-compliant parties.

TAFE ministerial directions (Part 3.1): The Minister may give directions to TAFE institutes on specified matters; the institute council must comply. The Minister may also appoint a TAFE administrator in certain circumstances.

The Act contains penalty provisions across multiple chapters targeting different classes of conduct.

Compulsory schooling: Failure to comply with a school enrolment notice or school attendance notice carries a penalty of 5 penalty units (s 2.1.23A). Providing false information in a response to a notice carries 5 penalty units. Obstructing a school attendance officer carries 60 penalty units (s 2.1.11). Failing without reasonable excuse to provide home schooling instruction carries penalty units under section 2.1.2A.

Non-government school registration: Operating an unregistered school carries penalties of 120 penalty units for a natural person and a corresponding body corporate penalty under Part 4.3 Division 1. Operating unregistered school boarding premises carries 60 penalty units for a natural person and 300 penalty units for a body corporate.

RTO registration: Operating as an RTO without registration carries 60 penalty units for a natural person and 300 penalty units for a body corporate.

Higher education registration: Providing higher education without registration carries 10 penalty units for a natural person and 50 penalty units for a body corporate.

Enforcement: Obstructing or hindering an authorised officer in the exercise of enforcement powers (Part 5.8) carries penalties of 30 to 60 penalty units depending on the context. Failing to comply with a notice to produce carries 5 penalty units. Failing to comply with a notice to comply carries 60 penalty units for natural persons and 120 penalty units for body corporates.

Civil penalties (Part 2.1A Division 6): Breach of a school community safety order may attract civil penalty enforcement.

VIT offences (Division 15): Division 15 of Part 2.6 creates specific offences relating to teacher registration, including teaching without registration and providing false information to VIT.

Enforcement pathways include prosecution in the Magistrates' Court, VCAT review of regulatory decisions (available across multiple Parts), enforceable undertakings, adverse publicity orders, and ministerial direction powers.

Teacher registration (Part 2.6): Applications for registration are made to VIT. VIT must assess the application, conduct criminal record checks (Division 6), and either grant or refuse registration. Registration is renewable. Interim suspension may be imposed before a hearing panel sits (Division 8A). Hearing panels (Division 12) conduct formal hearings and may impose conditions, suspend or cancel registration. VCAT review is available under Division 14.

Non-government school registration (Part 4.3 Division 1): Prospective operators must apply to VRQA and satisfy criteria relating to governance, staff, curriculum and facilities. VRQA may impose conditions. Registration can be suspended or cancelled. VCAT review of VRQA decisions is available.

RTO registration (Part 4.3 Division 4): RTOs apply to VRQA for registration, which is for a maximum of five years and subject to conditions. If conditions are imposed during the registration period, the applicant receives notice immediately after the decision (s 4.3.16). Renewal applications must be lodged before expiry.

School community safety orders (Part 2.1A): An immediate order may be sought ex parte where urgent. Ongoing orders are made following an inter partes process. VCAT conducts merits review of ongoing orders.

Home schooling registration: Parents register through VRQA under Part 4.3 Division 2 and must provide evidence of the educational program proposed.

School enrolment and attendance notices (Division 3, Part 2.1): School attendance officers may issue school enrolment notices (s 2.1.15) and school attendance notices (s 2.1.16). Parents must respond within specified periods. Failure to comply or respond may result in prosecution.

TAFE governance: TAFE councils are established and modified by Order in Council. Chief executives are appointed by councils subject to ministerial approval. Annual reporting and accountability provisions apply.

Commonwealth education funding: Part 2.8 deals with debt recovery arrangements where Commonwealth funding for schools is misapplied, reflecting the interplay with Commonwealth Acts governing school funding grants.

Australian Quality Training Framework (AQTF): Section 4.1.1 defines AQTF by reference to the national policy framework endorsed by the Ministerial Council. VRQA registration of RTOs must align with AQTF standards, making the Act operate in tandem with the National Vocational Education and Training Regulator Act 2011 (Cth) and state-federal VET regulatory arrangements.

Trans-Tasman Mutual Recognition Act 1997 (Cth): The Act interacts with the mutual recognition regime for teacher registration, as illustrated by Victorian Institute of Teaching v Rachelle [2024] FCA 958, where VIT's cancellation of a teaching registration was challenged through the mutual recognition framework.

Public Administration Act 2004 (Vic): The Department of Education and Training is structured under section 5.1.1 by reference to the Public Administration Act, including appointment of the Departmental Head.

Working with Children Act 2005 (Vic): The category A, B and C offence definitions in sections 1.1.3A to 1.1.3C interact with working with children check obligations under the Working with Children Act, informing VIT registration decisions.

Children, Youth and Families Act 2005 (Vic): Referenced in provisions relating to student welfare and the duty of schools to report child protection concerns.

Subordinate Legislation Act 1994 (Vic): References throughout the Act (e.g., s 5.10.4 for Part 5.10) for the status of regulations and ministerial orders as subordinate instruments.

VCAT Act 1998 (Vic): Multiple Parts confer jurisdiction on VCAT to review decisions including VIT registration decisions, VRQA decisions, school community safety order decisions, and enforcement decisions.

Principles do not create rights: Section 1.2.3 expressly provides that the guiding principles in sections 1.2.1 and 1.2.2 do not give rise to any civil cause of action. This is significant for any parent or student seeking to rely on the principles to challenge a government education decision.

Teaching without registration is an offence: Division 15 of Part 2.6 creates strict registration offences. Employing an unregistered person as a teacher or early childhood teacher, and that person working without registration, can both give rise to liability.

Interim suspension before hearing: VIT may suspend a teacher's registration on an interim basis under Division 8A before a full hearing panel hearing occurs. This can have immediate career consequences for a teacher while proceedings are pending.

Home schooling parental obligation is continuing: Registration alone is insufficient. Section 2.1.2A creates an ongoing duty to provide instruction in accordance with the registration. Failure constitutes an offence even if the child was duly registered.

Category A, B and C offences are defined narrowly and have serious consequences: A person with a category A offence cannot be registered as a teacher. Practitioners need to check section 1.1.3A carefully because the defined offences extend beyond obvious categories.

School community safety orders operate civilly: Part 2.1A enforcement (Division 6) uses civil penalties, not criminal prosecution, but the orders themselves can effectively exclude individuals from school grounds and affect employment.

Mildura schools land provisions (Part 5.7A): A specific trust regime applies to Mildura schools land acquired by the Crown for education purposes. Dealings with this land require adherence to the Part 5.7A framework, which is distinct from general Crown land dealing rules.

TAFE ministerial direction power: Section 5.2.1 allows the Minister to direct TAFE institutes. Directions can affect operations, finances and governance with limited procedural requirements, creating real governance risk for TAFE councils.

Commonwealth debt recovery (Part 2.8): Where Commonwealth funding has been misapplied, the Part 2.8 recovery mechanism can reach governing bodies even after the relevant activity has concluded, subject to the exceptions in section 2.8.3.

Example 1: Teacher registration dispute. A secondary school teacher whose registration is suspended by VIT on an interim basis under Division 8A of Part 2.6 (before a hearing) may immediately lose their ability to teach. The teacher can challenge the interim suspension through VCAT under Division 14 while the substantive hearing panel process under Division 12 proceeds. The hearing panel can impose conditions, suspend or cancel registration. If cancellation occurs, a further VCAT review is available.

Example 2: Non-government school registration. A community wanting to open a new non-government school must apply to VRQA under Part 4.3 Division 1. VRQA will assess governance arrangements, curriculum coverage, staff qualifications, and physical facilities before granting registration. Conditions may be imposed. Opening before registration is granted carries a penalty of 120 penalty units for a natural person operating the school.

Example 3: RTO compliance notice. An RTO registered under Part 4.3 Division 4 receives a notice to comply from an authorised officer under Part 5.8 Division 6 requiring it to remedy deficiencies in its assessment practices. Failure to comply within the notice period carries 60 penalty units for a natural person and 120 penalty units for a body corporate. The RTO may alternatively offer an enforceable undertaking (Division 9) to VRQA.

Example 4: School attendance enforcement. A school attendance officer issues a school enrolment notice to a parent whose child aged 8 is not enrolled at any registered school. The parent must respond within the required period. If the parent fails to respond or provides a false excuse, a penalty of 5 penalty units applies. The officer can also bring proceedings under section 2.1.12.

Example 5: Trans-Tasman teacher recognition. A teacher whose Victorian registration was cancelled by VIT applies through the Trans-Tasman mutual recognition scheme. Under Victorian Institute of Teaching v Rachelle [2024] FCA 958, the Federal Court confirmed that VIT must still apply the ETR Act's registration criteria (including s 2.6.3(1A)) when processing a mutual recognition application, and that the AAT must have regard to those criteria on review.

Example 6: School community safety order. A parent whose behaviour at school pick-up has been threatening toward staff applies for no order, but the school principal applies for an ongoing school community safety order under Part 2.1A Division 3. The order may restrict the person's entry to school grounds. VCAT merits review is available under Division 4 of Part 2.1A.