Part 5Aof the **Child Wellbeing and Safety Act 2005**, that the applicant has committed reportable conduct and the reasons for the finding.

Part 5A of the **Child Wellbeing and Safety Act 2005**, that the applicant has committed reportable conduct and the reasons for the finding. (4) The Institute may require an applicant for registration to— S. 2.6.7(4)(a) amended by No. 19/2014 s. 5(5). (a) provide information about criminal records; S. 2.6.7(4)(ab) inserted by No. 27/2010 s. 14(1), substituted by No. 14/2013 s. 9(2). (ab) provide information about— (i) any current or previous right to teach or to be employed as a teacher in another jurisdiction; or (ii) any refusal, including the cancellation, of the right to teach or to be employed as a teacher in another jurisdiction and the reasons, including those given by the body responsible in that jurisdiction for any such refusal or cancellation, for the refusal or cancellation; S. 2.6.7(4)(ac) inserted by No. 14/2013 s. 9(2). (ac) provide information about any previous refusal to register the applicant, or any cancellation of the applicant's registration, to carry out a profession in Victoria or in another jurisdiction and the reasons, including those given by the body responsible in that jurisdiction for any such refusal or cancellation, for the refusal or cancellation; S. 2.6.7(4)(ad) inserted by No. 31/2018 s. 6(2). (ad) provide information about any previous or current work involving children (including as a volunteer) engaged in by the applicant; S. 2.6.7(4)(b) amended by No. 27/2010 s. 14(2). (b) submit to any tests or provide any references or reports to determine the suitability of the person to teach; (c) submit to any medical or psychiatric examination that the Institute considers appropriate and, if required by the Institute, to provide any results or reports of the examination. S. 2.6.7(5) inserted by No. 19/2014 s. 45(3). (5) If the applicant is a registered early childhood teacher on whom a national criminal history check has been conducted in the previous 5 years— (b) the application is not required to comply with subsection (2)(b)(iv) to (vi). S. 2.6.8 amended by No. 27/2010 s. 15, substituted by No. 28/2010 s. 7. 2.6.8 Qualification for registration as a teacher A natural person is qualified to be registered as a teacher— (a) if the person— S. 2.6.8(a)(i) substituted by No. 10/2021 s. 8. (i) has satisfactorily completed an initial teacher education program or a program or course of study leading to qualifications for entry to teaching that is determined by the Institute to be equivalent to an initial teacher education program and obtained a qualification that is appropriate for entry to teaching; and (ii) produces evidence that the person satisfies the criteria approved by the Minister about— (A) suitability to be a teacher; and (B) competence in speaking or communicating in the English language for the person to teach in a school; and (iii) produces evidence that the person has achieved the standards of professional practice required for registration that are approved by the Minister; or (b) if the person is currently registered as a non‑practising teacher. S. 2.6.9 (Heading) amended by No. 31/2018 s. 7(1). 2.6.9 Registration as a teacher (1) The Institute may register an applicant as a teacher if— (a) the applicant is qualified for registration under section 2.6.8; and S. 2.6.9(1)(b) substituted by No. 31/2018 s. 7(2). (b) there are no grounds under subsection (1A) or (2) under which the Institute must or may refuse to grant registration to the applicant; and S. 2.6.9(1)(c) amended by No. 19/2014 s. 15(1). (c) the applicant has satisfied the requirements of section 2.6.7. S. 2.6.9(1A) inserted by No. 31/2018 s. 7(3). (1A) The Institute must refuse to grant registration to an applicant on any one or more of the following grounds— (a) the applicant is currently charged with, or has been convicted or found guilty of, a category A offence in Victoria or an equivalent offence in another jurisdiction; (b) the applicant is currently charged with, or has been convicted or found guilty of, a category B offence in Victoria or an equivalent offence in another jurisdiction, and the Institute considers that the applicant poses an unjustifiable risk to children; S. 2.6.9(1A)(c) amended by No. 34/2020 s. 218. (c) the applicant has been given a WWC exclusion. Under section 2.6.14A, if the Institute proposes to refuse registration of the applicant under section 2.6.9(1A)(a), (b*)* or (c), it must notify the applicant of the proposal and the applicant may make submissions about the proposal. The time for making submissions must be at least 14 days if the refusal is based on a ground under section 2.6.9(1A)(a) or (c) and 28 days for a ground under section 2.6.9(1A)(b). (2) The Institute may refuse to grant registration to an applicant on any one or more of the following grounds— (a) that the character of the applicant is such that it would not be in the public interest to allow the applicant to teach in a school; S. 2.6.9(2)(b) repealed by No. 31/2018 s. 7(4)(a). S. 2.6.9(2)(c) substituted by No. 31/2018 s. 7(4)(b). (c) that the applicant has engaged in category C conduct and— (i) the ability of the applicant to teach in a school is likely to be affected because of the conduct engaged in; or (ii) it is not in the public interest to allow the applicant to teach in a school because of the conduct engaged in; S. 2.6.9(2)(ca) inserted by No. 4/2017 s. 12(2). (ca) that the applicant has been found, under Part 5A of the **Child Wellbeing and Safety Act 2005**, to have committed reportable conduct; (d) that the applicant has previously held a right to teach (being the equivalent of registration as a teacher under this Act), or been employed as a teacher, in a school in another State or Territory or another country and that right or employment has been cancelled or suspended and not restored because of conduct which, if committed within Victoria, would entitle the Institute to suspend or cancel the registration; (e) that the applicant has been seriously incompetent in their teaching practice when employed as a teacher in a school in Victoria or in any other State or Territory or country; S. 2.6.9(2)(f) amended by No. 27/2010 s. 16(1). (f) that the applicant has not produced evidence which satisfies the Institute of his or her suitability to teach. Note to s. 2.6.9(2) inserted by No. 31/2018 s. 7(5). Under section 2.6.15, if the Institute proposes to refuse registration of the applicant under section 2.6.9(2), it must notify the applicant of the proposal and the applicant may make submissions about the proposal. The time for making submissions must be at least 28 days. (3) The Institute may impose any condition, limitation or restriction it thinks appropriate on the registration of a teacher under this section including a condition that the teacher provide information about criminal records within the period specified by the Institute. S. 2.6.9(4) inserted by No. 27/2010 s. 16(2). (4) The Institute may, on application by a person granted registration, amend, vary or revoke any condition, limitation or restriction imposed under subsection (3). S. 2.6.9(5) inserted by No. 19/2014 s. 6. (5) The Institute may, from time to time, arrange for the conduct of a State police record check on a registered teacher during the period of registration of the teacher. 2.6.10 Provisional registration S. 2.6.10(1) amended by No. 10/2021 s. 10(1). (1) Subject to subsection (6), an applicant who is qualified in accordance with section 2.6.8 except that the applicant has not achieved to the satisfaction of the Institute the standard of professional practice required for registration under section 2.6.8 is eligible to be provisionally registered. S. 2.6.10(2) amended by No. 27/2010 s. 17(1). (2) Provisional registration is subject to the condition that the registered person will before the end of the second year after the registration or within any further period not exceeding 3 months authorised by the Institute achieve the standard of professional practice required for registration under section 2.6.8. S. 2.6.10(3) amended by No. 27/2010 s. 17(2). (3) The provisional registration of a teacher continues in force for the period not exceeding 2 years that is specified by the Institute or for a further period not exceeding 3 months that is specified by the Institute or until the registered teacher achieves the standard of professional practice required for registration under section 2.6.8, whichever occurs first. (4) The Institute may impose any condition, limitation or restriction it thinks appropriate on the provisional registration of a teacher including a condition that the teacher provide information about criminal records within the period specified by the Institute. (5) The Institute may, upon application by the registered teacher, amend, vary or revoke any condition, limitation or restriction imposed under subsection (4). S. 2.6.10(6) inserted by No. 10/2021 s. 10(2). (6) A teacher who is provisionally registered under this section is not eligible for a further grant of provisional registration if the teacher has been provisionally registered for a period of 6 years unless the Institute is satisfied that special circumstances exist. S. 2.6.10(7) inserted by No. 10/2021 s. 10(2). (7) For the purposes of subsection (6), the period of 6 years may consist of consecutive or non‑consecutive periods of provisional registration. 2.6.11 Non-practising registration S. 2.6.11(1) amended by No. 19/2014 s. 15(2). (1) A person who is entitled to or eligible for registration under section 2.6.8(a)(i) and (ii) but who does not intend to undertake the duties of a teacher in a school may apply to be registered as a non-practising teacher under this section. S. 2.6.11(2) amended by No. 58/2007 s. 8. (2) A person who is registered as a teacher under this Act and would be eligible for renewal of registration under section 2.6.18 except that the person does not satisfy the requirements of section 2.6.18(1)(b)(i) may apply to be registered as a non-practising teacher under this section if that person does not intend to undertake the duties of a teacher in a school. (3) The Institute may register a person as a non-practising teacher subject to any condition imposed by the Institute. S. 2.6.11(4) amended by No. 27/2010 s. 18. (4) Registration under this section remains in force for the period fixed by the Institute. 2.6.12 Interim registration (1) An applicant for registration or permission to teach may be granted interim approval to undertake the duties of a teacher in a school if the person is entitled to that registration or permission but it is not practicable to wait until the Institute can consider the application. (2) The person appointed to act as chief executive officer of the Institute may grant interim approval to an applicant to undertake the duties of a teacher in a school until the next meeting of the Institute. S. 2.6.12(3) amended by No. 19/2014 s. 46. (3) Interim approval granted under this section by the chief executive officer is to be treated during the period of approval as being registration under this Division or permission to teach (as the case requires) granted by the Institute under this Part. Pt 2.6 Div. 3A (Heading and ss 2.6.12A–2.6.12G) inserted by No. 19/2014 s. 47. Division 3A—Registration of early childhood teachers S. 2.6.12A inserted by No. 19/2014 s. 47. 2.6.12A Application for registration (1) An application for registration as an early childhood teacher may be made to the Institute. S. 2.6.12A(1A) inserted by No. 31/2018 s. 8(1), substituted by No. 34/2020 s. 219. (1A) A person may not apply for registration as an early childhood teacher within 5 years after having been given a WWC exclusion under the **Worker Screening Act 2020** unless, since the person was given the WWC exclusion, the WWC exclusion has been set aside or the person has been given a WWC clearance under that Act. (a) made in the form approved by the Institute; and (b) subject to section 2.6.12B, accompanied by— (i) evidence that the person is qualified for registration in accordance with section 2.6.12C; and (iv) a consent signed by the applicant for the Institute to conduct a national criminal history check; and (v) the information specified in the application form relating to the identity of the applicant required for the purposes of the national criminal history check; and (vi) the fee fixed by the Minister for the national criminal history check. (3) The application must include an authorisation by the applicant for the Institute to arrange for the conduct of a State police record check— (b) if registration is granted, on the early childhood teacher from time to time during the period that the registration, if granted, remains in force. (4) The application must include an address for the applicant to be used by the Institute in corresponding with the applicant. (5) The Institute may require an applicant to provide further information or material in respect of the application. (6) In considering an application for registration, the Institute— (a) subject to section 2.6.12B, must conduct a national criminal history check on the applicant; and S. 2.6.12A(6)(b) amended by No. 4/2017 s. 12(3)(a). S. 2.6.12A(6)(c) inserted by No. 4/2017 s. 12(3)(b). Part 5A of the **Child Wellbeing and Safety Act 2005**, that the applicant has committed reportable conduct and the reasons for the finding. (7) Subject to section 2.6.12B, the Institute may require an applicant for registration to— (a) provide information about criminal records; (b) provide information about— (i) any current or previous right to teach or to be employed as a teacher or an early childhood teacher in another jurisdiction; or (ii) any refusal, including the cancellation, of the right to teach or to be employed as a teacher or an early childhood teacher in another jurisdiction and the reasons, including those given by the body responsible in that jurisdiction for any such refusal or cancellation, for the refusal or cancellation; (c) provide information about any previous refusal to register the applicant, or any cancellation of the applicant's registration, to carry out a profession in Victoria or in another jurisdiction and the reasons, including those given by the body responsible in that jurisdiction for any such refusal or cancellation, for the refusal or cancellation; S. 2.6.12A(7)(ca) inserted by No. 31/2018 s. 8(2). (ca) provide information about any previous or current work involving children (including as a volunteer) engaged in by the applicant; (d) submit to any tests or provide any references or reports to determine the suitability of the person to teach; (e) submit to any medical or psychiatric examination that the Institute considers appropriate and, if required by the Institute, to provide any results or reports of the examination. S. 2.6.12B inserted by No. 19/2014 s. 47. 2.6.12B National criminal history checks and information and testing—registered teachers and applications for registration under Division 3 and this Division (1) If the applicant is a teacher registered under Division 3 or 4 on whom a national criminal history check has been conducted in the previous 5 years— (b) the requirements of section 2.6.12A(2)(b)(iv), (v) and (vi) do not apply to the application for registration. (2) If the applicant makes, at the same time as the application under section 2.6.12A, an application for registration as a teacher under Division 3— (a) the requirements of section 2.6.12A(2)(b)(iv), (v) and (vi) do not apply to the application for registration under this Division; and (b) the applicant is not required to provide information or submit to testing under section 2.6.12A(7) if that information or testing has been provided or submitted to in relation to the application under section 2.6.7(4). (3) In considering an application for registration under this Division made at the same time as an application for registration under Division 3, the Institute— (a) must take into account a national criminal history check conducted under section 2.6.7(3A); and S. 2.6.12B(3)(b) amended by No. 4/2017 s. 12(4)(a). (b) may take into account any information provided or testing submitted to under section 2.6.7(4); and S. 2.6.12B(3)(c) inserted by No. 4/2017 s. 12(4)(b). (c) may take into account a finding, under Part 5A of the **Child Wellbeing and Safety Act 2005**, that the applicant has committed reportable conduct. S. 2.6.12C inserted by No. 19/2014 s. 47. 2.6.12C Qualification for registration as an early childhood teacher A natural person is qualified to be registered as an early childhood teacher— (a) if the person— (i) has obtained an approved early childhood teaching qualification, or is taken under the national regulations to hold an approved early childhood teaching qualification; and (ii) produces evidence that the person satisfies the criteria approved by the Minister about— (A) suitability to be an early childhood teacher; and (B) competence in speaking or communicating in the English language for the person to teach in an early childhood service; and (iii) produces evidence that the person has achieved the standards of professional practice required for registration as an early childhood teacher that are approved by the Minister; or (b) if the person is currently registered as a non‑practising early childhood teacher. S. 2.6.12D inserted by No. 19/2014 s. 47. 2.6.12D Registration as an early childhood teacher (1) The Institute may register an applicant as an early childhood teacher if— (a) the applicant is qualified for registration under section 2.6.12C; and (1)(b) substituted by No. 31/2018 s. 9(1). (b) there are no grounds under subsection (1A) or (2) under which the Institute must or may refuse to grant registration to the applicant; and (c) the applicant has satisfied the requirements of section 2.6.12A. S. 2.6.12D(1A) inserted by No. 31/2018 s. 9(2). (1A) The Institute must refuse to grant registration to an applicant on any one or more of the following grounds— (a) the applicant is currently charged with, or has been convicted or found guilty of, a category A offence in Victoria or an equivalent offence in another jurisdiction; (b) the applicant is currently charged with, or has been convicted or found guilty of, a category B offence in Victoria or an equivalent offence in another jurisdiction, and the Institute considers that the applicant poses an unjustifiable risk to children; (1A)(c) amended by No. 34/2020 s. 220. (c) the applicant has been given a WWC exclusion. Under section 2.6.14A, if the Institute proposes to refuse registration of the applicant under section 2.6.12D(1A)(a), (b) or (c), it must notify the applicant of the proposal and the applicant may make submissions about the proposal. The time for making submissions must be at least 14 days if the refusal is based on a ground under section 2.6.12D(1A)(a) or (c) and 28 days for a ground under section 2.6.12D(1A)(b). (2) The Institute may refuse to grant registration to an applicant on any one or more of the following grounds— (a) that the character of the applicant is such that it would not be in the public interest to allow the applicant to teach in an early childhood service; (2)(b) repealed by No. 31/2018 s. 9(3)(a). (2)(c) substituted by No. 31/2018 s. 9(3)(b). (c) that the applicant has engaged in category C conduct and— (i) the ability of the applicant to teach in an early childhood service is likely to be affected because of the conduct engaged in; or (ii) it is not in the public interest to allow the applicant to teach in an early childhood service because of the conduct engaged in; S. 2.6.12D(2)(ca) inserted by No. 4/2017 s. 12(5). (ca) that the applicant has been found, under Part 5A of the **Child Wellbeing and Safety Act 2005**, to have committed reportable conduct; (d) that— (i) the applicant has previously held a right to teach (being the equivalent of registration under this Part), or been employed as a teacher or an early childhood teacher, in a school or an early childhood service (or equivalent) in another State or Territory or another country; and (ii) that right or employment has been cancelled or suspended and not restored because of conduct which, if committed within Victoria, would entitle the Institute to suspend or cancel the registration; (e) that the applicant has been seriously incompetent in their teaching practice when employed as a teacher or early childhood teacher in a school or an early childhood service (or equivalent) in Victoria or in any other State or Territory or country; (f) that the applicant has not produced evidence which satisfies the Institute of his or her suitability to teach. Note to s. 2.6.12D(2) inserted by No. 31/2018 s. 9(4). Under section 2.6.15, if the Institute proposes to refuse registration of the applicant under section 2.6.12D(2), it must notify the applicant of the proposal and the applicant may make submissions about the proposal. The time for making submissions is at least 28 days if the refusal is based on a ground under section 2.6.12D(2). (3) The Institute may impose any condition, limitation or restriction it thinks appropriate on the registration of an early childhood teacher under this section including a condition that the teacher provide information about criminal records within the period specified by the Institute. (4) The Institute may, on application by a person granted registration, amend, vary or revoke any condition, limitation or restriction imposed under subsection (3). (5) The Institute may arrange for the conduct of a State police record check on a registered early childhood teacher during the period of registration as an early childhood teacher. S. 2.6.12E inserted by No. 19/2014 s. 47. 2.6.12E Provisional registration as an early childhood teacher S. 2.6.12E(1) amended by No. 10/2021 s. 11(1). (1) Subject to subsection (6), an applicant who is qualified in accordance with section 2.6.12C except that the applicant has not achieved to the satisfaction of the Institute the standard of professional practice required for registration under section 2.6.12C is eligible to be provisionally registered. (2) Provisional registration is subject to the condition that the registered person will before the end of the second year after the registration or within any further period not exceeding 3 months authorised by the Institute achieve the standard of professional practice required for registration under section 2.6.12C. (3) The provisional registration of an early childhood teacher continues in force for the period not exceeding 2 years that is specified by the Institute or for a further period not exceeding 3 months that is specified by the Institute or until the registered early childhood teacher achieves the standard of professional practice required for registration under section 2.6.12C, whichever occurs first. (4) The Institute may impose any condition, limitation or restriction it thinks appropriate on the provisional registration of an early childhood teacher including a condition that the teacher provide information about criminal records within the period specified by the Institute. (5) The Institute may, upon application by the registered early childhood teacher, amend, vary or revoke any condition, limitation or restriction imposed under subsection (4). S. 2.6.12E(6) inserted by No. 10/2021 s. 11(2). (6) An early childhood teacher who is provisionally registered under this section is not eligible for a further grant of provisional registration if the early childhood teacher has been provisionally registered for a period of 6 years unless the Institute is satisfied that special circumstances exist. S. 2.6.12E(7) inserted by No. 10/2021 s. 11(2). (7) For the purposes of subsection (6), the period of 6 years may consist of consecutive or non‑consecutive periods of provisional registration. S. 2.6.12F inserted by No. 19/2014 s. 47. 2.6.12F Non-practising registration as an early childhood teacher (1) A person who is entitled to or eligible for registration under section 2.6.12C(a)(i) and (ii) but who does not intend to undertake the duties of an early childhood teacher in an early childhood service may apply to be registered as a non-practising early childhood teacher under this section. (2) A person who is registered as an early childhood teacher under this Act and would be eligible for renewal of registration under section 2.6.18 except that the person does not satisfy the requirements of section 2.6.18(1)(b)(i) may apply to be registered as a non-practising early childhood teacher under this section if that person does not intend to undertake the duties of an early childhood teacher in an early childhood service. (3) The Institute may register a person as a non‑practising early childhood teacher subject to any condition imposed by the Institute. (4) Registration under this section remains in force for the period fixed by the Institute. S. 2.6.12G inserted by No. 19/2014 s. 47. 2.6.12G Interim registration (1) An applicant for registration may be granted interim approval to be employed or engaged as an early childhood teacher in an early childhood service if the person is entitled to that registration but it is not practicable to wait until the Institute can consider the application. (2) The person appointed to act as chief executive officer of the Institute may grant interim approval to an applicant to be employed or engaged as an early childhood teacher in an early childhood service until the next meeting of the Institute. (3) Interim approval granted under this section by the chief executive officer is to be treated during the period of approval as being registration under this Division granted by the Institute under this Part. Division 4—Permission to teach 2.6.13 Application for permission to teach (1) An application for permission to teach may be made to the Institute. S. 2.6.13(1A) inserted by No. 31/2018 s. 10(1), substituted by No. 34/2020 s. 221. (1A) A person may not apply for permission to teach within 5 years after having been given a WWC exclusion under the **Worker Screening Act 2020** unless, since the person was given the WWC exclusion, the WWC exclusion has been set aside or the person has been given a WWC clearance under that Act. (a) in the form approved by the Institute and contain particulars of the person or body who intends to employ or engage the applicant; and S. 2.6.13 (2)(ab) inserted by No. 27/2010 s. 19(1), repealed by No. 19/2014 s. 7(1). S. 2.6.13(2)(b) substituted by No. 19/2014 s. 7(1), amended by No. 19/2014 s. 48(1)(a). (b) subject to section 2.6.13A, accompanied by— S. 2.6.13 (2)(b)(i) amended by No. 19/2014 s. 48(1)(b). (i) subject to subsection (4), evidence satisfactory to the Institute that the person or body intending to employ or engage the applicant had first attempted to employ or engage a teacher registered under Division 3 of this Part to fill the teaching position relating to the application; and (ii) the application fee fixed by the Minister; and (iii) a consent signed by the applicant for the Institute to conduct a national criminal history check on the applicant; and (iv) the information specified in the application form relating to the identity of the applicant required for the purposes of the national criminal history check; and (v) the fee fixed by the Minister for the national criminal history check. S. 2.6.13(2A) inserted by No. 28/2010 s. 8(1), substituted by No. 19/2014 s. 7(2). (2A) The application must include an authorisation by the applicant for the Institute to arrange for the conduct of a State police record check— (b) if permission to teach is granted, on the teacher from time to time during the period for which the permission remains in force. S. 2.6.13(2AB) inserted by No. 14/2013 s. 10. (2AB) The application must include an address for the applicant to be used by the Institute in corresponding with the applicant. S. 2.6.13(2B) inserted by No. 28/2010 s. 8(1), substituted by No. 19/2014 s. 7(3). (2B) In considering an application under this section, the Institute— S. 2.6.13 (2B)(a) amended by No. 19/2014 s. 48(2). (a) subject to section 2.6.13A, must conduct a national criminal history check on the applicant; and S. 2.6.13(2B)(b) amended by No. 4/2017 s. 12(6)(a). S. 2.6.13(2B)(c) inserted by No. 4/2017 s. 12(6)(b). Part 5A of the **Child Wellbeing and Safety Act 2005**, that the applicant has committed reportable conduct and the reasons for the finding. S. 2.6.13(3) amended by No. 19/2014 s. 7(4), substituted by No. 31/2018 s. 10(2). (3) The Institute may require an applicant to provide further information or material in respect of the application including information about— (a) criminal records; and (b) any previous or current work involving children (including as a volunteer) engaged in by the applicant. S. 2.6.13(4) inserted by No. 27/2010 s. 19(2), amended by No. 19/2014 s. 7(5). (4) The Institute may give a written exemption to an applicant under this section from having to provide the evidentiary material required under subsection (2)(b)(i). S. 2.6.13A inserted by No. 19/2014 s. 49. 2.6.13A National criminal history checks and information—registered early childhood teachers and applicants for registration under Division 3A and this Division (1) If the applicant is a registered early childhood teacher on whom a national criminal history check has been conducted in the previous 5 years— (b) the requirements of section 2.6.13(2)(b)(iv), (v) and (vi) do not apply to the application for permission to teach. (2) If the applicant makes, at the same time as the application under section 2.6.13, an application for registration as an early childhood teacher— (a) the requirements of section 2.6.13(2)(b)(iv), (v) and (vi) do not apply to the application for permission to teach; and (b) the applicant is not required to provide information under section 2.6.13(3) if that information has been provided in relation to the application under section 2.6.12A(7). (3) In considering an application for permission to teach made at the same time as an application for registration under Division 3A, the Institute— (a) must take into account a national criminal history check conducted under section 2.6.12A(6); and S. 2.6.13A(3)(b) amended by No. 4/2017 s. 12(7)(a). (b) may take into account any information provided or testing submitted to under section 2.6.12A(7); and S. 2.6.13A(3)(c) inserted by No. 4/2017 s. 12(7)(b). (c) may take into account a finding, under Part 5A of the **Child Wellbeing and Safety Act 2005**, that the applicant has committed reportable conduct and the reasons for the finding. 2.6.14 Permission to teach (1) The Institute may grant an applicant permission to teach if— S. 2.6.14(1)(a) amended by No. 14/2013 s. 20(1). (a) the applicant has the appropriate skills and experience to teach and satisfies the requirements of section 2.6.8(a)(ii); and S. 2.6.14(1)(b) substituted by No. 31/2018 s. 11. (b) there are no grounds under section 2.6.9(1A) or (2) under which the Institute must or may refuse to grant registration to the applicant; and (c) the applicant has provided any information or material required under section 2.6.13; and (d) the applicant has paid the fee fixed by the Minister. (2) The Institute may impose any condition, limitation or restriction it thinks appropriate on the permission to teach including— S. 2.6.14(2)(a) amended by No. 27/2010 s. 20(1). (a) the period for which the permission remains in force, which may not exceed 3 years from the date of the grant of the permission; (b) any subject that the person is permitted to teach; (c) the school where the person is permitted to be employed or engaged at and teach; (d) that the teacher provide information about criminal records within the period specified by the Institute. S. 2.6.14(3) inserted by No. 27/2010 s. 20(2). (3) The Institute may, on application by a person granted permission to teach, amend, vary or revoke any condition, limitation or restriction imposed under subsection (2). S. 2.6.14(4) inserted by No. 19/2014 s. 8. (4) The Institute may, from time to time, conduct a State police record check on a person granted permission to teach during the period that the permission to teach remains in force. S. 2.6.14(5) inserted by No. 19/2014 s. 50. (5) Permission to teach does not permit a person to be employed by or engaged in an early childhood service as an early childhood teacher. Division 5—General provisions S. 2.6.14A (Heading) amended by No. 10/2021 s. 13(1). S. 2.6.14A inserted by No. 31/2018 s. 12. 2.6.14A Notice of intention to refuse, renew or reinstate registration under grounds relating to a category A offence or a category B offence S. 2.6.14A(1) amended by No. 10/2021 s. 13(2). (1) If the Institute is proposing to refuse an application for registration, renewal of registration or reinstatement of registration under this Part on any ground under section 2.6.9(1A) or 2.6.12D(1A), the Institute must serve a notice of intention on the applicant that states the following— (a) that the Institute proposes to refuse the application; (b) the ground on which the proposal to refuse the application is based; (c) any category A offence or category B offence, with which the applicant is currently charged, or of which the applicant has been convicted or found guilty, that forms the basis for the ground on which the proposal is based (the ***relevant offence***); (d) if the relevant offence is a category B offence, the reasons why the Institute believes that the applicant would pose an unjustifiable risk to children if the application were granted; (e) that the applicant is entitled to show, within the period specified in the notice (the ***show cause period***), why the Institute should not refuse the application; (f) any requirements of the Institute relating to the form or content of a submission made by the applicant. (2) An applicant who has been served with a notice under subsection (1) may, within the show cause period, make written submissions to the Institute about the proposal to refuse an application. (3) Before the Institute makes a decision on the proposal it must take into account any submissions made to the Institute by an applicant within the show cause period. (4) The show cause period specified in the notice of intention by the Institute must be— (a) in the case of a refusal of an application on a ground under section 2.6.9(1A)(a) or (c) or 2.6.12D(1A)(a) or (c), not less than 14 days after the notice of intention is served on the applicant; and (b) in the case of a refusal of an application on a ground under section 2.6.9(1A)(b) or 2.6.12D(1A)(b)*,* not less than 28 days after the notice of intention is served on the applicant. S. 2.6.15 amended by Nos 27/2010 s. 21, 31/2018 s. 13 (1)(a)(b)(2) (ILA s. 39B(1)). 2.6.15 Entitlement of applicant to make submissions S. 2.6.15(1) amended by No. 10/2021 s. 14. (1) If the Institute is proposing to refuse an application for registration, renewal of registration or reinstatement of registration, other than in relation to an application to which section 2.6.14A applies, or to impose conditions, limitations or restrictions on the registration of an applicant, the Institute must not do so until— (a) it has given the applicant notice of this proposal; and S. 2.6.15(1)(b) amended by No. 31/2018 s. 13(1)(c). (b) it has given the applicant an opportunity to make submissions to the Institute about the proposal; and S. 2.6.15(1)(c) inserted by No. 31/2018 s. 13(1)(d). (c) it has taken any submissions made by the applicant into account. S. 2.6.15(2) inserted by No. 31/2018 s. 13(2). (2) An applicant who has been given notice under subsection (1), may make written submissions to the Institute about the proposal to refuse the application. S. 2.6.15(3) inserted by No. 31/2018 s. 13(2). (3) Submissions under subsection (2) must be made within the period for making submissions specified in the notice under subsection (1), which must be no less than 28 days after the notice is given to the applicant. 2.6.16 Notification of outcome of application S. 2.6.16(1) amended by No. 27/2010 s. 22(a). (1) Upon determining an application under this Part, the Institute must notify the applicant as to whether or not registration or permission to teach or renewal of registration has been granted to the applicant. S. 2.6.16(2) amended by No. 27/2010 s. 22(b). (2) A notice under subsection (1) about an application for registration or renewal of registration must include the following information— S. 2.6.16(2)(a) amended by No. 27/2010 s. 22(c). (a) if the registration or renewal of registration has been granted— S. 2.6.16 (2)(a)(i) amended by Nos 27/2010 s. 22(d), 19/2014 s. 51. (i) the Division of this Part under which registration has been granted, the type of registration granted and the period of registration or renewal of registration; (ii) whether or not any conditions, limitations or restrictions have been imposed on the registration and, if so, the reasons for imposing those conditions, limitations or restrictions; S. 2.6.16(2)(b) amended by No. 27/2010 s. 22(e). (b) if the registration or renewal of registration has not been granted— (i) the reasons why it has not been granted; and S. 2.6.16 (2)(b)(ii) amended by No. 27/2010 s. 22(f). (ii) a statement that the applicant has a right to obtain a review of the decision not to grant registration or renewal of registration. S. 2.6.17 (Heading) amended by Nos 10/2021 s. 12(1), 13/2022 s. 15(1). 2.6.17 Duration, renewal, reinstatement and extension of registration S. 2.6.17(1) substituted by No. 27/2010 s. 23(1), amended by No. 19/2014 s. 52(1). (1) The registration of a teacher or an early childhood teacher continues in force until the first occurrence of 30 September after the date of the grant of registration. S. 2.6.17(2) substituted by No. 27/2010 s. 23(1), amended by No. 19/2014 s. 52(1). (2) The renewal of registration of a teacher or an early childhood teacher continues in force until the first anniversary of the date of renewal of registration. S. 2.6.17(2A) inserted by No. 10/2021 s. 12(2). (2A) The reinstatement of registration of a teacher or an early childhood teacher continues in force until the first occurrence of 30 September after the date of reinstatement. S. 2.6.17(3) amended by No. 13/2022 s. 15(2). (3) The Institute may, before any registration under this Part expires, extend the registration for a period not exceeding 12 months if the Institute is satisfied that there are special circumstances making it necessary to do so. S. 2.6.17(4) inserted by No. 27/2010 s. 23(2), amended by No. 19/2014 s. 52(2), substituted by No. 13/2022 s. 15(3). (4) In this section ***registration*** does not include interim registration under section 2.6.12 or 2.6.12G. 2.6.18 Application for renewal of registration (1) An application for renewal of registration— (a) must be made to the Institute before the existing registration expires; and S. 2.6.18 (1)(ab) inserted by No. 28/2010 s. 9(1). (ab) must be in the form approved by the Institute; and (b) must be accompanied by— S. 2.6.18 (1)(b)(i) amended by No. 27/2010 s. 24. (i) evidence satisfactory to the Institute that the applicant has maintained an appropriate level of professional practice in the preceding period of registration; (ii) details of any information required by section 2.6.57; S. 2.6.18 (1)(b)(iii) amended by No. 19/2014 s. 9(1). (iii) the application fee fixed by the Minister. S. 2.6.18(1A) inserted by No. 28/2010 s. 9(2), substituted by No. 19/2014 s. 9(2). (1A) If a national criminal history check has not been conducted on the applicant within 4 years before the existing registration is due to expire— S. 2.6.18 (1A)(a) amended by No. 19/2014 s. 53(1). (a) subject to subsection (1D), the application for renewal of registration must be accompanied by— (i) a consent signed by the applicant for the Institute to conduct a national criminal history check on the applicant; and (ii) the information specified in the application form relating to the identity of the applicant required for the purposes of the national criminal history check; and (iii) the fee fixed by the Minister for the national criminal history check; and (b) in considering the application for renewal of registration, the Institute must conduct a national criminal history check on the applicant. S. 2.6.18(1B) inserted by No. 28/2010 s. 9(2), substituted by No. 19/2014 s. 9(2). (1B) The application for renewal of registration must include an authorisation by the applicant for the Institute to arrange for the conduct of a State police record check— (b) if renewal of registration is granted, on the teacher from time to time during the period of that registration. S. 2.6.18(1C) inserted by No. 19/2014 s. 9(2). (1C) The Institute may arrange for the conduct of a State record police check— (a) on the applicant in considering an application under this section; and (b) if renewal of registration is granted, on the registered teacher from time to time during the period of registration of the teacher. S. 2.6.18(1D) inserted by No. 19/2014 s. 53(2). (1D) An application for renewal of registration under Division 3A is not required to comply with subsection (1A)(a)(ii) and (iii) if made at the same time as an application by the applicant for renewal of registration under Division 3. S. 2.6.18(1E) inserted by No. 4/2017 s. 12(8). (1E) In considering an application for renewal of registration, the Institute may have regard to a finding, under Part 5A of the **Child Wellbeing and Safety Act 2005**, that the applicant has committed reportable conduct and the reasons for the finding. (2) If a person does not apply for renewal of registration before the end of the existing registration period, the Institute may renew that person's registration if the application is made within 3 months after the end of the registration period and if the applicant pays an additional fee fixed by the Minister which must not be more than 50% of the fee for renewal of registration. (3) If a person's registration has expired without being renewed that person is deemed to be registered for 3 months after that expiry or, if an application for renewal has been made in accordance with subsection (2), for 3 months after that application is made, whichever is the later and if, at the end of that period of 3 months, the Institute has not renewed his or her registration, the Institute must remove that person's name from the register. S. 2.6.18A inserted by No. 10/2021 s. 15. 2.6.18A Reinstatement of registration in certain circumstances (1) A person may apply for reinstatement of their registration, including non-practising registration, as a teacher or an early childhood teacher under this section if— (a) the person's registration is no longer in force in accordance with— (i) section 2.6.17(1); or (ii) section 2.6.11(4); or (iii) section 2.6.12F(4); and (b) the person did not apply for their registration to be renewed under section 2.6.18(1) or (2); and (c) an application for reinstatement of the person's registration is made under this section within 12 months after the registration has expired under section 2.6.17(1), 2.6.11(4) or 2.6.12F(4); and (d) special circumstances exist that led to the person not applying for a renewal of registration under section 2.6.18(1) or (2). S. 2.6.18A(1A) inserted by No. 6/2024 s. 15(1). (1A) A person may apply for reinstatement of their registration under this section if their registration expires after their registration is suspended in any of the following circumstances— (a) the person is suspended under Division 8, and that suspension is revoked under section 2.6.27F(1)(a); (b) the person is suspended under Division 8A, and that suspension is revoked under section 2.6.28G(1); (c) following a request for suspension of their registration by the person, the person and Institute agree to the suspension under section 2.6.29A and that suspension is subsequently revoked under section 2.6.29B; (d) the person's registration is suspended by agreement following a recommendation made under section 2.6.34(1)(b) or (c) and that suspension is subsequently revoked in accordance with that agreement. S. 2.6.18A(2) amended by No. 6/2024 s. 15(2)(a). (2) An applicant's application for reinstatement of registration under subsection (1) or (1A) must— (a) be in the form approved by the Institute; and (b) be accompanied by— (i) evidence satisfactory to the Institute that the applicant has maintained an appropriate level of professional practice in the preceding period of registration; and (iv) a statement specifying the reasons why the applicant was unable to apply for renewal of their registration; and S. 2.6.18A (2)(c) amended by No. 6/2024 s. 15(2)(b). (c) include or be accompanied by any other information or material required by section 2.6.18B to enable the Institute to conduct checks in respect of the applicant; and S. 2.6.18A (2)(d) inserted by No. 6/2024 s. 15(2)(c). (d) in the case of an application made under subsection (1A), be made no later than 6 months after the applicant's registration expires. (3) An applicant for reinstatement of registration must comply with a request made by the Institute under section 2.6.18C. (4) The Institute must conduct a national criminal history check on the applicant in considering an application for reinstatement of registration under this section. (5) The Institute may have regard to a finding that the applicant has committed reportable conduct and the reasons for the finding under Part 5A of the **Child Wellbeing and Safety Act 2005** in considering an application for reinstatement of registration under this section. (6) If the Institute reinstates the applicant's registration as a teacher or early childhood teacher, the Institute must determine whether the registration is a grant of non-practising registration. S. 2.6.18B inserted by No. 10/2021 s. 15. 2.6.18B Checks to be conducted in respect of applicant for reinstatement (1) For the purposes of section 2.6.18A(4), an applicant's application for reinstatement of registration must be accompanied by— (a) a consent signed by the applicant for the Institute to conduct a national criminal history check on the applicant; and (b) subject to subsection (2)— (i) the information specified in the application form relating to the identity of the applicant required for the purposes of the national criminal history check; and (ii) the fee fixed by the Minister for the national criminal history check. (2) An applicant applying for reinstatement of registration as an early childhood teacher is not required to comply with subsection (1)(b) if the applicant applies for reinstatement of registration as a teacher at the same time. (3) An applicant's application for reinstatement of registration must include an authorisation by the applicant for the Institute to arrange for the conduct of a State police record check— (a) on the applicant in connection with consideration of the application; and (b) if reinstatement of registration is granted, on the teacher or early childhood teacher from time to time during the period of that registration. S. 2.6.18C inserted by No. 10/2021 s. 15. 2.6.18C VIT may request information about criminal records of applicant for reinstatement of registration For the purposes of determining whether to grant an application for reinstatement under section 2.6.18A, the Institute may require an applicant to provide information about any criminal records relating to the applicant. S. 2.6.18D inserted by No. 10/2021 s. 15. 2.6.18D Grant of reinstatement of registration Subject to section 2.6.19, the Institute may grant a reinstatement of registration following an application made under section 2.6.18A. S. 2.6.19 (Heading) amended by No. 10/2021 s. 16(1). S. 2.6.19 amended by No. 27/2010 s. 25, substituted by No. 31/2018 s. 14, amended by No. 10/2021 s. 16(2) (ILA s. 39B(1)). 2.6.19 Refusal to renew or reinstate registration (1) The Institute— (a) may refuse to renew the registration of an applicant— (i) if the Institute is satisfied that the applicant has not maintained an appropriate level of professional practice in the preceding period of registration having regard to the standards of professional practice approved by the Minister; or (ii) on any other ground on which the Institute may refuse to grant registration; and (b) must refuse to renew the registration of an applicant on any ground on which the Institute must refuse to grant registration. S. 2.6.19(2) inserted by No. 10/2021 s. 16(2). (2) The Institute— (a) may refuse to reinstate the registration of an applicant— (i) if the Institute is satisfied that the applicant has not maintained an appropriate level of professional practice in the preceding period of registration having regard to the standards of professional practice approved by the Minister; or (ii) if the Institute is not satisfied that special circumstances exist for reinstating the applicant's registration; or (iii) on any other ground on which the Institute may refuse to grant registration; and (b) must refuse to reinstate the registration of an applicant on any ground on which the Institute must refuse to grant registration. Note to s. 2.6.19 amended by No. 10/2021 s. 16(3). If the Institute is proposing to refuse an application for renewal of registration or for reinstatement of registration, the applicant is entitled to make submissions to the Institute under section 2.6.14A or 2.6.15 depending on the ground on which the refusal is based. 2.6.20 Registration obtained by fraud S. 2.6.20(1) amended by No. 19/2014 s. 54. (1) If the Institute believes that the registration of a teacher or an early childhood teacher has been obtained by fraud or misrepresentation or that the qualifications upon which the teacher or early childhood teacher relied for registration have been withdrawn the Institute must conduct a hearing into the matter. (2) The Institute must give notice of the time and place of the hearing to the teacher. (3) The provisions applying to the conduct of a formal hearing under Division 12 apply to a hearing under this section as if the hearing under this section were a formal hearing. (4) If, at the end of the hearing, the Institute determines that the registration of the teacher has been obtained by fraud or misrepresentation or that the qualifications upon which the teacher has relied for registration have been withdrawn, the Institute may cancel the registration of the teacher or take any other action that may be taken under Division 12. 2.6.21 Annual fees (1) A registered teacher must pay an annual registration fee fixed by the Minister to the Institute on the date fixed by the Institute and notified to that teacher by the Institute. S. 2.6.21(1A) inserted by No. 28/2010 s. 10. (1A) Despite subsection (1), if the fee payable under subsection (1) is for a period of less than 12 months it must be calculated on a pro rata basis to the nearest month. S. 2.6.21(2) amended by No. 19/2014 s. 55(1). (2) If a registered teacher fails to pay the annual registration fee without reasonable excuse by the date fixed by the Institute and notified to the teacher, the Institute may suspend all registrations under this Part held by the teacher. S. 2.6.21(2A) inserted by No. 19/2014 s. 55(2). (2A) Despite subsection (2), if the registered teacher fails to pay the annual registration fee for the teacher's second registration without reasonable excuse by the date fixed by the Institute and notified to the teacher, the Institute may suspend the second registration of the teacher. S. 2.6.21(3) amended by No. 19/2014 s. 55(3). (3) The Institute may revoke a suspension under subsection (2) or (2A) if the person concerned gives a satisfactory explanation of the failure and pays the annual registration fee together with any additional fee fixed by the Minister. S. 2.6.21(4) inserted by No. 19/2014 s. 55(4). ***second registration*** means— (a) if the teacher holds registration under Divisions 3 and 3A, whichever registration was granted later; (b) if the teacher holds registration under Division 3A and has been granted permission to teach, the permission to teach. S. 2.6.21A inserted by No. 14/2013 s. 11, substituted by No. 19/2014 s. 18, amended by No. 31/2018 s. 15. 2.6.21A Change in teacher's name or correspondence address must be notified A registered teacher must notify the Institute in writing within 30 days of any change in— (a) the name of the teacher; or (b) the address provided by the teacher to be used by the Institute in corresponding with the teacher. S. 2.6.21B inserted by No. 10/2021 s. 18. 2.6.21B Disclosure and collection of information (1) The Institute may disclose information in respect of a registered teacher or former registered teacher, or a provider of a program, unit or course of study, for a purpose specified in subsection (4), to— (a) any State or Territory Government department; or (b) any Government department of the Commonwealth; or (c) any Commonwealth, State or Territory public authority; or (d) any municipal council or any equivalent body in another State or Territory of the Commonwealth; or (e) a former or current employer of a registered teacher. (2) The Institute may collect information in respect of a registered teacher or former registered teacher or a provider of a program, unit or course of study for a purpose specified in subsection (4), from— (a) any State or Territory Government department; or (b) any State or Territory public authority; or (c) any Government department of the Commonwealth if the department is able to make the disclosure in accordance with a law of the Commonwealth; or (d) any Commonwealth public authority if the public authority is able to make the disclosure in accordance with a law of the Commonwealth; or (e) any municipal council or any equivalent body in another State or Territory of the Commonwealth; or (f) a former or current employer of a registered teacher. (3) An entity specified in subsection (2)(a), (b), (c), (d), (e) or (f) may disclose information to the Institute in respect of a registered teacher or former registered teacher, or a provider of a program, unit or course of study, for a purpose specified in subsection (4). (4) The purposes for disclosure and collection of information under this section are— (a) the disclosure or collection is reasonably necessary for the purposes of enabling the Institute to perform its functions and duties or exercise its powers; or (b) the disclosure or collection is reasonably necessary for the purposes of regulating and registering schools, early childhood services or other services related to children; or (c) the disclosure or collection is reasonably necessary for the purposes of regulating and registering teachers and early childhood teachers; or (d) the disclosure or collection is reasonably necessary for the purposes of screening persons who work or intend to work with children or vulnerable people; or (e) the disclosure or collection is reasonably necessary for the purposes of regulating disability services; or (f) the disclosure or collection is reasonably necessary to promote the safety and wellbeing of a child or group of children; or (g) the disclosure or collection is for the purposes of research or development of national, State or Territory policy in respect of the regulation and registration of teachers; or (h) the disclosure or collection is reasonably necessary for any other prescribed purpose. (5) Information disclosed or collected for the purposes of research or development of national, State or Territory policy in respect of the regulation and registration of teachers under subsection (4)(g) must not include— (a) personal information; or (b) sensitive information; or (c) health information. (6) A former or current employer who is given information under subsection (1)(e) must ensure the information— (a) is collected, stored and used by the employer in a way that ensures the privacy of the person to whom it relates; and (b) is not used for a purpose other than the purpose for which it was disclosed. (7) In this section— ***information***, unless the contrary intention appears, includes personal information, sensitive information and health information. Pt 2.6 Div. 6 (Heading) substituted by No. 19/2014 s. 10. Division 6—Criminal record and history checks 2.6.22 Criminal record checks S. 2.6.22(1) amended by No. 19/2014 s. 11. (1) The chief executive officer of the Institute may, at any time, request the Chief Commissioner of Police to give to the chief executive officer information concerning the criminal record, if any, of a registered teacher and, for that purpose, may disclose to the Chief Commissioner the information concerning the registered teacher that is necessary to conduct a check on any criminal record of the teacher. (2) The chief executive officer may make a request under subsection (1) without the consent of the registered teacher named in the request but must give notice of the request to that teacher. (3) The Chief Commissioner of Police must, not more than 14 days after receiving a request under subsection (1), enquire into and report to the chief executive officer on the criminal record, if any, of the registered teacher named in the request. S. 2.6.22A inserted by No. 58/2007 s. 9, substituted by No. 19/2014 s. 12. 2.6.22A National criminal history checks (1) The Institute must ensure that a national criminal history check is conducted in respect of each registered teacher— (a) before the end of 5 years after the last national criminal history check was conducted in respect of that teacher under this Part or any corresponding previous enactment; or (b) if such a check has never been conducted on the teacher, as soon as is reasonably practicable. (2) In addition to conducting a national criminal history check under subsection (1), the Institute may conduct a national criminal history check on a registered teacher at any other time if the Institute reasonably suspects that there are circumstances that warrant the check being conducted at that time. (3) A registered teacher, at the request of the Institute and by the date notified to the teacher by the Institute, must— (a) provide to the Institute a consent signed by the teacher for the Institute to conduct a national criminal history check on the teacher under this section; and (b) provide to the Institute information specified by the Institute relating to the identity of the teacher required for the purposes of the national criminal history check; and (c) if the national criminal history check is conducted under subsection (1), pay the fee fixed by the Minister for the national criminal history check. S. 2.6.22A(4) amended by No. 19/2014 s. 56. (4) If a registered teacher, without reasonable excuse, fails to comply with the requirements in subsection (3) relating to a national criminal history check, the Institute may suspend all registrations under this Part held by the teacher. (5) The Institute may revoke a suspension under subsection (4) if the person concerned— (a) gives a satisfactory explanation of the failure to comply with the requirements of subsection (3); and (b) provides to the Institute the consent or identification information required under subsection (3), if it was not provided by the notified date; and (c) if the national criminal history check is conducted under subsection (1), pays the fee fixed by the Minister for the national criminal history check if it was not paid by the notified date; and (d) pays any additional fee fixed by the Minister. S. 2.6.23 substituted by No. 19/2014 s. 12. 2.6.23 VIT may request information about criminal records of registered teacher S. 2.6.23(1) amended by No. 19/2014 s. 57(1). (1) The Institute, at any time during the period of registration of a teacher or an early childhood teacher, may require the registered teacher to provide information about any criminal records relating to the teacher, by the date notified to the teacher by the Institute. S. 2.6.23(2) amended by No. 19/2014 s. 57(2). (2) If the registered teacher, without reasonable excuse, fails to provide the information by the notified date, the Institute may suspend all registrations under this Part held by the teacher. (3) The Institute may revoke a suspension under subsection (2) if the person concerned— (a) gives a satisfactory explanation of the failure to comply with subsection (1); and (b) provides to the Institute the required information. Pt 2.6 Div. 7 (Heading) amended by No. 19/2014 s. 19. Division 7—The Register of Registered Teachers S. 2.6.24 (Heading) amended by No. 19/2014 s. 20(1). 2.6.24 The Register of Registered Teachers S. 2.6.24 amended by No. 19/2014 ss 20(2), 58(1). There shall be a Register of Registered Teachers containing the following particulars in relation to each registered teacher and each registration held by the teacher— (a) the teacher's name; S. 2.6.24(ab) inserted by No. 19/2014 s. 58(2). (ab) the Division of this Part under which the teacher is registered; (b) the registration status of the teacher including details as to the type of registration held; (c) the teacher's qualifications; S. 2.6.24(d) substituted by No. 28/2010 s. 11. (d) whether, due to an adverse finding by a formal hearing panel under Division 12 or by virtue of section 2.6.29, the registration of the teacher— (i) is subject to a condition, limitation or restriction; or (ii) has been suspended or cancelled; (e) the date of registration; (f) the registration number. S. 2.6.25 (Heading) amended by No. 19/2014 s. 21(1). S. 2.6.25 amended by No. 19/2014 s. 21(2)(3) (ILA s. 39B(1)). 2.6.25 Publication of Register of Registered Teachers (1) The Institute must maintain the Register of Registered Teachers and make an up to date copy available for inspection by any person at the Institute's offices, during normal office hours, free of charge. S. 2.6.25(2) inserted by No. 19/2014 s. 21(3). (2) The Institute may publish the whole or any part of the Register of Registered Teachers in any manner that it considers fit. 2.6.26 Use of certificate as evidence A certificate purporting to be signed by the Chairperson or any two members of the Council to the effect that— S. 2.6.26(a) amended by No. 19/2014 s. 59. (a) a person is or is not or was or was not, at any specified date, registered as a teacher or an early childhood teacher under this Part; or (b) a teacher did or did not at any specified date have the permission of the Institute to teach under this Part— is evidence, and, in the absence of evidence to the contrary, is proof of the matters stated in it. Pt 2.6 Div. 7A (Heading and s. 2.6.26A) inserted by No. 58/2007 s. 10. Pt 2.6 Div. 7A (Heading) amended by No. 19/2004 s. 60. Division 7A—Details of teachers and early childhood teachers S. 2.6.26A inserted by No. 58/2007 s. 10. 2.6.26A Institute may request details of teachers in schools (1) The Institute may in writing request a person or body who employs teachers in a school to provide (within 28 days of the request) details of the name, registration number and date of birth of all or any of those teachers in respect of the date or dates and in the manner determined by the Institute. (2) A person or body to whom a request is made under subsection (1) must comply with that request. S. 2.6.26AB inserted by No. 37/2015 s. 8. 2.6.26AB Teacher must notify Institute of change to employer S. 2.6.26AB(1) amended by No. 31/2018 s. 16. (1) A teacher must notify the Institute in writing of the name of any school at which the teacher is employed within 30 days of commencing employment at that school. S. 2.6.26AB(2) amended by No. 31/2018 s. 16. (2) A teacher must notify the Institute in writing if the teacher ceases to be employed at a school within 30 days of ceasing employment at that school. S. 2.6.26B inserted by No. 19/2014 s. 61. 2.6.26B Institute may request details of early childhood teachers in early childhood services (1) The Institute may in writing request a person or body who employs or engages persons as early childhood teachers in or for an early childhood service to provide (within 28 days of the request) details of the name, registration number and date of birth of all or any of those persons in respect of the date or dates and in the manner determined by the Institute. (2) A person or body to whom a request is made under subsection (1) must comply with that request. S. 2.6.26C inserted by No. 37/2015 s. 9. 2.6.26C Early childhood teacher must notify Institute of change to employer S. 2.6.26C(1) amended by No. 31/2018 s. 17. (1) An early childhood teacher must notify the Institute in writing of the name of any early childhood service at which the early childhood teacher is employed within 30 days of commencing employment at that early childhood service. S. 2.6.26C(2) amended by No. 31/2018 s. 17. (2) An early childhood teacher must notify the Institute in writing if the early childhood teacher ceases to be employed at an early childhood service within 30 days of ceasing employment at that early childhood service. S. 2.6.26D inserted by No. 37/2015 s. 10. 2.6.26D Secretary may disclose information to Institute If the Secretary considers it appropriate to do so, the Secretary may disclose to the Institute any information the Secretary has about, or arising from, an exemption or an application under section 2.6.60A or 2.6.60B. S. 2.6.26E (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 4.1). S. 2.6.26E inserted by No. 31/2018 s. 18, amended by Nos 34/2020 s. 222, 58/2025 s. 125(Sch. 2 item 4.2). 2.6.26E Institute may disclose information about child-related work to Social Services Regulator The Institute may disclose to the Social Services Regulator information that the Institute has received from the following persons in relation to any child-related work within the meaning of that Act undertaken or proposed to be undertaken by that person before or after being granted registration under this Part— (a) an applicant for registration as a registered teacher under this Part; (b) a registered teacher. Pt 2.6 Div. 8 (Heading) substituted by No. 10/2021 s. 19. Division 8—Suspension of registration S. 2.6.27 amended by Nos 68/2009 s. 97(Sch. items 48.4, 48.5), 19/2014 s. 62, substituted by No. 31/2018 s. 19. 2.6.27 Institute may suspend registration under this Part (1) The Institute may decide that it intends to suspend all registrations held by a person under this Part if that person is charged with a category B offence in Victoria or an equivalent offence in another jurisdiction. (2) The Institute must suspend all registrations held by a person under this Part if the person— (a) is charged with a category A offence in Victoria or an equivalent offence in another jurisdiction; or S. 2.6.27(2)(b) amended by No. 34/2020 s. 223. (b) has been given an interim WWC exclusion. S. 2.6.27A inserted by No. 31/2018 s. 19. 2.6.27A Notice of intended suspension of registration (1) The Institute must serve a notice on a person, in accordance with subsection (2), of the Institute's intention to suspend all registrations under this Part held by that person. (2) A notice served under subsection (1) must be in writing and set out the following information— (a) that the Institute intends to suspend each registration under this Part held by the person; (b) the ground for suspension; (c) in the case of a suspension under section 2.6.27(1)— (i) that the person may make written submissions to the Institute regarding the intended suspension; and (ii) that the submissions must be lodged with the Institute within 28 days after being served with the notice; (d) in the case of a suspension under section 2.6.27(2), that the person, within 14 days after being served with the notice, may lodge written information with the Institute; (e) any requirements relating to the form and content of submissions or information that may be lodged with the Institute. (3) A copy of a notice served under this section must also be served on any person employing the person subject to the intended suspension of the person's registration under this Part. S. 2.6.27B inserted by No. 31/2018 s. 19. 2.6.27B Submissions or information lodged with Institute (1) A person who has been served with a notice under section 2.6.27A of the intention to suspend the registration of the person under section 2.6.27(1) may, within 28 days after being served with the notice, make written submissions to the Institute in order to show that the person— (a) does not pose an unjustifiable risk to children; and (b) is fit to teach until the category B offence with which the person is charged is finally dealt with as described in section 2.6.27F(1)(b). (2) A person who has been served with a notice under section 2.6.27A of the intention to suspend the registration of the person under section 2.6.27(2) may, within 14 days after being served with the notice, lodge any of the following written information (if applicable) with the Institute— (a) the person is not the person charged with the category A offence referred to in the notice; S. 2.6.27B (2)(b) amended by No. 34/2020 s. 224(a). (b) the person is not the person who was given the interim WWC exclusion referred to in the notice; (c) the charge for the category A offence referred to in the notice has been withdrawn; S. 2.6.27B (2)(d) substituted by No. 34/2020 s. 224(b). (d) a decision has been made under the **Worker Screening Act 2020** in relation to the interim WWC exclusion referred to in the notice— (i) to give a WWC clearance under that Act to the person given the interim WWC exclusion; or (ii) to not revoke a WWC clearance held by the person given the interim WWC exclusion. S. 2.6.27C inserted by No. 31/2018 s. 19. 2.6.27C Institute must take into account submissions or information In deciding whether to suspend the registration of a person under this Division, the Institute must take into account any submissions or information lodged by that person in accordance with the notice served under section 2.6.27A. S. 2.6.27D inserted by No. 31/2018 s. 19. 2.6.27D Notice of suspension of registration (1) If the Institute suspends the registration of a person under this Division it must serve a written notice on the person containing the following information— (a) that the person's registration is suspended; (b) the date that the suspension takes effect (which must be no earlier than the date that the notice is served); (c) the period that the suspension may remain in force under section 2.6.27F. (2) A copy of a notice served under this section must be— (a) served on any person employing the person whose registration has been suspended under this Division; and S. 2.6.27D (2)(b) amended by Nos 34/2020 s. 225, 58/2025 s. 125(Sch. 2 item 4.3). (b) given to the Social Services Regulator. S. 2.6.27E inserted by No. 31/2018 s. 19. 2.6.27E Effect and validity of suspension (1) A suspension of registration under this Division takes effect on the date specified by the Institute in the notice served under section 2.6.27D. (2) The validity of a suspension of registration under this Division is not affected by any failure to serve or give a copy of a notice under section 2.6.27A(3) or 2.6.27D(2). S. 2.6.27F inserted by No. 31/2018 s. 19. 2.6.27F Suspension remains in force (1) A suspension of registration under this Division remains in force until the earlier of the following occurs— (a) the Institute revokes the suspension; (b) in the case of a charge against a person that forms the ground for the suspension, the charge is finally dealt with in any of the following ways— (i) the charge is withdrawn or the prosecution for the offence charged is discontinued; (ii) the person dies without the charge having been determined; (iii) the charge is dismissed by a court; (iv) the person is discharged by a court following a committal proceeding; (v) the person is acquitted of the offence by a court; (vi) the person's registration is cancelled because of being found guilty of the offence by a court; S. 2.6.27F (1)(c) substituted by No. 34/2020 s. 226. (c) in the case of an interim WWC exclusion that forms the ground for the suspension, a decision has been made under the **Worker Screening Act 2020**— (i) to give a WWC clearance under that Act to the person whose registration has been suspended under this Division; or (ii) to not revoke a WWC clearance held by that person. (2) If more than one charge forms the ground for the suspension, subsection (1)(b) does not apply until each of the charges is finally dealt with in accordance with that paragraph. S. 2.6.27G inserted by No. 31/2018 s. 19. 2.6.27G Revocation of suspension If the Institute revokes a suspension of registration under this Division it must immediately notify the person subject to that suspension and any other person served with, or given, a copy of a notice under section 2.6.27D(2) of the revocation. S. 2.6.28 amended by No. 19/2014 s. 63, repealed by No. 9/2016 s. 4. Pt 2.6 Div. 8A (Heading and ss 2.6.28–2.6.28H) inserted by No. 9/2016 s. 5. Division 8A—Interim suspension of registration New s. 2.6.28 inserted by No. 9/2016 s. 5. 2.6.28 Institute may suspend registration where unacceptable risk of harm to children (1) The Institute may suspend any or all registrations held by a person under this Part if the Institute reasonably believes that— (a) the person poses an unacceptable risk of harm to children; and (2) A suspension under this Division takes effect on the day the person is served with a written notice under section 2.6.28A or, if any later day is specified in the notice, on that day. S. 2.6.28A inserted by No. 9/2016 s. 5. 2.6.28A Notice of interim suspension of registration If the Institute decides to suspend a person's registration under this Division it must serve a written notice on the person containing the following— (a) that the person's registration is suspended; (b) the date on which the suspension takes effect (which must be no earlier that the date that the notice is served); (c) the reasons for the suspension and the information on which the Institute has based its decision; (d) the date on which the Institute will review the basis of the suspension; (e) that the Institute must under section 2.6.28E review the basis for the suspension at least every 30 days after the date of the first review; (f) that the person may make written submissions to the Institute at any time regarding the continuation of the suspension. S. 2.6.28B (Heading) amended by No. 31/2018 s. 20(1). S. 2.6.28B inserted by No. 9/2016 s. 5. 2.6.28B Institute must notify persons of interim suspension (1) The Institute must serve a written notice on any person employing the person subject to a suspension under this Division as a teacher or an early childhood teacher containing the following— (a) that the employed person's registration is suspended; (b) the date on which the suspension takes effect. (2) A notice under subsection (1) must be served on the same day a notice is served on the employed person under section 2.6.28A or, if it is not reasonably possible to do so, as soon as practicable after that day. (3) The validity of a suspension under this Division is not affected by any failure to serve a notice under subsection (1). S. 2.6.28B(4) inserted by No. 31/2018 s. 20(2), amended by Nos 34/2020 s. 227, 58/2025 s. 125(Sch. 2 item 4.4). (4) The Institute must give a copy of a notice served under subsection 2.6.28A to the Social Services Regulator. S. 2.6.28C inserted by No. 9/2016 s. 5. 2.6.28C Cessation of interim suspension of registration A suspension under this Division remains in force until the earliest of the following occurs— (a) the Institute revokes the suspension under section 2.6.28G; (b) the person ceases to be registered as a teacher or an early childhood teacher under section 2.6.29(1); (c) the person ceases to have permission to teach under section 2.6.29(2); (d) the person's registration is cancelled under section 2.6.29C or under an agreement in accordance with section 2.6.34(1)(d); (e) a medical panel makes a determination under section 2.6.41E(2) or (4) in relation to the matter which is the basis for the Institute's decision to suspend the person's registration; (f) a formal hearing panel finds under section 2.6.46(1) that the person has not engaged in misconduct or serious misconduct, has not been seriously incompetent and is fit to teach; (g) a formal hearing panel makes a determination under section 2.6.46(2)(h), (ha), (hb), (i), (j) or (k) in relation to the matter which is the basis for the Institute's decision to suspend the person's registration. S. 2.6.28D inserted by No. 9/2016 s. 5. 2.6.28D Person subject to interim suspension may make submissions to Institute A person whose registration is suspended under this Division may make written submissions to the Institute at any time regarding the continuation of the suspension. S. 2.6.28E inserted by No. 9/2016 s. 5. 2.6.28E Periodic review of interim suspension (1) The Institute must review the basis for the suspension of a person's registration under this Division within 30 days after the suspension takes effect and within 30 days after that review and every successive review in order to determine whether or not to continue that suspension. (2) The Institute must take into account any submission provided under section 2.6.28D in determining whether or not to continue the suspension. (3) The Institute may take into account any matter it considers to be relevant in determining whether or not to continue the suspension. (4) The Institute may determine to continue the suspension if it reasonably believes that— (a) the person continues to pose an unacceptable risk of harm to children; and S. 2.6.28F inserted by No. 9/2016 s. 5. 2.6.28F Notice of determination to continue interim suspension If the Institute determines to continue the suspension of the person's registration it must serve a written notice on the person containing the following— (a) that the person's registration continues to be suspended; (b) the reasons for continuing the suspension and the information on which the Institute based its decision; (c) the date on which the Institute will next review the suspension; (d) that the person may make written submissions to the Institute at any time regarding the continuation of the suspension. S. 2.6.28G inserted by No. 9/2016 s. 5. 2.6.28G Revocation of interim suspension (1) The Institute must revoke the suspension of a person's registration under this Division if the Institute no longer reasonably believes that— (a) the person poses an unacceptable risk of harm to children; and S. 2.6.28G(2) amended by No. 10/2021 s. 20. (2) The revocation of the suspension of a person's registration under this section does not affect an investigation conducted under this Part that has commenced in relation to the person. S. 2.6.28H inserted by No. 9/2016 s. 5, amended by Nos 31/2018 s. 21, 34/2020 s. 228, 58/2025 s. 125(Sch. 2 item 4.5). 2.6.28H Notice of revocation of interim suspension If the Institute revokes the suspension of a person's registration under this Division it must notify the person, and any person employing the person as a teacher or early childhood teacher at the time the suspension was imposed, and the Social Services Regulator, in writing as soon as possible after the suspension is revoked— (a) that the suspension is revoked; and (b) the date on which the revocation takes effect. Pt 2.6 Div. 9 (Heading) substituted by No. 10/2021 s. 21. Division 9—Cancellation of registration S. 2.6.29 (Heading) amended by Nos 31/2018 s. 22(1), 10/2021 s. 22. 2.6.29 Cancellation of registration held under this Part S. 2.6.29(1) amended by No. 19/2014 s. 64(1), substituted by No. 31/2018 s. 22(2). (1) All registrations held by a person under this Part are cancelled if the person— (a) is convicted or found guilty of a category A offence in Victoria or an equivalent offence in another jurisdiction; or S. 2.6.29(1)(b) amended by No. 34/2020 s. 229(1). (b) has been given a WWC exclusion. S. 2.6.29(2) repealed by No. 31/2018 s. 22(2). S. 2.6.29(3) amended by No. 19/2014 s. 64(2), substituted by No. 31/2018 s. 22(3). (3) A person whose registration is cancelled by the operation of subsection (1) is disqualified from teaching in a school or an early childhood service and is not entitled to apply to be registered under this Part— (a) if the registration is cancelled by the operation of subsection (1)(a), for an indefinite period; and S. 2.6.29(3)(b) amended by No. 34/2020 s. 229(1). (b) subject to subsection (3A), if the registration is cancelled by the operation of subsection (1)(b), for the period of 5 years after the date on which the WWC exclusion is given. S. 2.6.29(3A) inserted by No. 31/2018 s. 22(3), substituted by No. 34/2020 s. 229(2). (3A) If a WWC exclusion given to a person referred to in subsection (1) or (3) is set aside, or a WWC clearance is given to that person, under the **Worker Screening Act 2020**, the relevant subsection ceases to apply to the person from the date that the WWC exclusion was set aside or the WWC clearance was given to the person. S. 2.6.29(4) amended by No. 31/2018 s. 22(4). (4) For the purposes of subsections (1) and (3), a conviction or finding of guilt takes effect on the date of the conviction or finding of guilt and the lodging of an appeal against the conviction or finding does not affect the operation of those subsections. S. 2.6.29(5) amended by Nos 68/2009 s. 97(Sch. item 48.6), 31/2018 s. 22(5). (5) If a finding or conviction in relation to a person referred to in subsection (1) or (3) is quashed or set aside on appeal the relevant subsection ceases, from the date the finding or conviction was quashed or set aside, to apply to the person with respect to that particular finding or conviction. (6) Nothing in this section limits the powers of the Institute under this Part. S. 2.6.29(7) amended by Nos 31/2018 s. 22(6), 34/2020 s. 229(1). (7) This section applies to any conviction or finding of guilt of a category A offence or the giving of a WWC exclusion whether occurring before, on or after the commencement of this Chapter. Pt 2.6 Div. 9A (Heading and ss 2.6.29A–2.6.29C) inserted by No. 27/2010 s. 26. Division 9A—Voluntary suspension or cancellation of registration S. 2.6.29A inserted by No. 27/2010 s. 26. 2.6.29A Request for conditions on or suspension of registration (1) A registered teacher may ask the Institute to suspend his or her registration or to impose a condition on the registration or to do both of those things if the teacher believes that— (a) he or she is seriously incompetent; or (b) he or she has engaged in misconduct or serious misconduct; or (c) he or she is not fit to teach; or (d) his or her ability to practise as a teacher is seriously detrimentally affected or likely to be seriously detrimentally affected because of an impairment. S. 2.6.29A(2) substituted by No. 19/2014 s. 65. (2) If the Institute and the registered teacher agree on the suspension of the registration or a condition to be imposed on the registration or to both of those things occurring, the Institute may— (a) suspend the registration or impose the condition on the registration (as the case requires); or (b) if the teacher holds registration under more than one Division of this Part, suspend or impose the condition on one or both registrations (as the case requires). S. 2.6.29A(3) amended by No. 10/2021 s. 23. (3) If the Institute and the registered teacher do not agree on the suspension of the registration or a condition to be imposed on the registration under this section, the Institute must investigate the matter in accordance with Division 11. S. 2.6.29B inserted by No. 27/2010 s. 26. 2.6.29B Agreements to amend, vary or revoke conditions or revoke suspensions (1) The Institute may, if the registered teacher so agrees— (a) amend, vary or revoke any condition imposed on the teacher's registration by the Institute under this Division without a hearing by a hearing panel; or (b) revoke a suspension of the teacher's registration imposed by the Institute under this Division and impose a condition on the registration without a hearing by a hearing panel; or (c) revoke a suspension of the teacher's registration imposed by the Institute under this Division without a hearing by a hearing panel if the teacher satisfies the Institute that his or her ability to practise as a teacher is no longer affected. (2) If the Institute and the registered teacher fail to agree under subsection (1), the Institute may refer the matter to a hearing of a hearing panel. S. 2.6.29BA inserted by No. 19/2014 s. 22. 2.6.29BA Discretion to record suspension or condition in Register of Disciplinary Action (1) Subject to subsection (3), the Institute may determine that it is not appropriate or in the public interest for any of the following particulars to be recorded in the Register of Disciplinary Action in accordance with Division 13A— S. 2.6.29BA (1)(a) amended by No. 19/2014 s. 66(a). (a) the suspension of the registration of a teacher or an early childhood teacher imposed under this Division; S. 2.6.29BA (1)(b) amended by No. 19/2014 s. 66(a). (b) the imposition of a condition (whether amended or varied) on the registration of a teacher or an early childhood teacher imposed under this Division. (2) In making a determination under subsection (1), the Institute may determine the extent to which, the manner in which and the period for which the particulars are recorded in the Register of Disciplinary Action. S. 2.6.29BA(3) amended by No. 19/2014 s. 66(b). (3) In making a determination under subsections (1) and (2), the Institute must consider the circumstances of the suspension of, or the imposition of the condition on, the registration of the teacher or early childhood teacher. S. 2.6.29C inserted by No. 27/2010 s. 26. 2.6.29C Cancellation by agreement (1) A registered teacher may, on surrender of his or her registration, ask the Institute to cancel his or her registration. (2) The Institute may at the request of a registered teacher cancel the registration of the teacher. S. 2.6.29D (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 4.6). S. 2.6.29D inserted by No. 31/2018 s. 23, amended by Nos 34/2020 s. 230, 58/2025 s. 125(Sch. 2 item 4.7). 2.6.29D Notifications to Social Services Regulator The Institute must notify the Social Services Regulator of the following— (a) any suspension of the registration of a registered teacher under section 2.6.29A; (b) any revocation of the suspension of the registration of a registered teacher under section 2.6.29B; (c) any cancellation of the registration of a registered teacher under section 2.6.29C. Pt 2.6 Div. 10 (Heading and ss 2.6.30–2.6.32) amended by Nos 58/2007 s. 11, 27/2010 ss 27, 28, 19/2014 s. 67, 9/2016 s. 6, 4/2017 s. 12(9), 31/2018 ss 24–26, 34/2020 s. 231, substituted as Pt 2.6 Div. 10 (Heading and ss 2.6.30, 2.6.30A) by No. 10/2021 s. 24. Division 10—Notifications and complaints about registered teachers S. 2.6.30 substituted by No. 10/2021 s. 24. 2.6.30 Notifications to Institute concerning actions against registered teachers (1) The employer of a registered teacher must notify the Institute if the employer has taken— (a) any action against the registered teacher in response to allegations— (i) of serious incompetence of the registered teacher; or (ii) of serious misconduct of the registered teacher; or (iii) that the registered teacher is unfit to be a registered teacher; or (iv) that the registered teacher's ability to practise as a registered teacher is seriously detrimentally affected or likely to be seriously detrimentally affected because of an impairment; or (b) any other action against the registered teacher that may be relevant to the registered teacher's fitness to teach. (2) The employer of a registered teacher must immediately notify the Institute if the employer becomes aware that the registered teacher— (a) is currently charged with, or has been convicted or found guilty of, a category A offence or a category B offence; or (b) has been given a WWC exclusion. (3) The Chief Commissioner of Police must immediately notify the Institute if the Chief Commissioner becomes aware that a registered teacher has been charged with, or convicted or found guilty of, a category A offence or a category B offence. S. 2.6.30(4) substituted by No. 58/2025 s. 58. (4) The Social Services Regulator must immediately notify the Institute if the Social Services Regulator becomes aware that a registered teacher is the subject of a reportable allegation or a finding of reportable conduct under Part 5A of the **Child Wellbeing and Safety Act 2005**. S. 2.6.30A inserted by No. 10/2021 s. 24. 2.6.30A Person or body may make a complaint to Institute (1) A person or body may make a complaint to the Institute alleging that a registered teacher— (d) has such an impairment that the person's ability to practise as a registered teacher is seriously detrimentally affected or likely to be seriously detrimentally affected; or (e) has been charged with, or convicted or found guilty of, a category A offence or a category B offence; or (f) has engaged in category C conduct; or (g) has been given an interim WWC exclusion or a WWC exclusion; or (h) is the subject of disciplinary action by a person or organisation for whom the registered teacher undertakes work (including as a volunteer). (2) A complaint under subsection (1)— (b) may include any other information relevant to the complaint. Pt 2.6 Div. 10A (Heading and ss 2.6.31, 2.6.32) inserted by No. 10/2021 s. 24. Division 10A—Preliminary assessments New s. 2.6.31 inserted by No. 10/2021 s. 24. 2.6.31 Institute to conduct preliminary assessment (1) The Institute must conduct a preliminary assessment of a notification or complaint. (2) The Institute, by written notice, must advise the following that the Institute is conducting a preliminary assessment— (b) the person or body that made the notification or complaint. (3) Despite subsection (2), the Institute is not required to give written notice under subsection (2) if the Institute reasonably believes that doing so may— (a) seriously prejudice any investigation of the notification or complaint; or (4) For the purposes of conducting a preliminary assessment under subsection (1), the Institute, in writing, may require the following to provide further information within a specified period— (b) the person or body that made the notification or complaint; (c) any person who may have information relevant to the notification or complaint. (5) The Institute may use any information obtained in the course of conducting a preliminary assessment for the purposes of— (a) considering the notification or complaint; or (b) conducting an investigation under Division 11; or (c) performing its functions under this Part. New s. 2.6.32 inserted by No. 10/2021 s. 24. 2.6.32 Outcome of preliminary assessment (1) On completing a preliminary assessment of a notification or complaint, the Institute may— (a) decide to conduct an investigation under Division 11; or (b) decide to take any other action required or authorised to be taken under this Part; or (c) decide to take no further action if the Institute is satisfied that— (i) the notification or complaint is vexatious, frivolous, misconceived or lacking in substance; or (ii) the person or body that made the notification or complaint has not responded, or has responded inadequately, to a requirement for further information under section 2.6.31(2); or (iii) the employer or another person has already dealt adequately with the subject matter of the notification or complaint. (2) The Institute, by written notice, must advise the following of the outcome of a preliminary assessment— (b) the person or body that made the notification or complaint; (c) the employer of the registered teacher, unless the Institute decides to take no further action under subsection (1)(c). (3) Despite subsection (2), the Institute is not required to give written notice under subsection (2) if the Institute reasonably believes that doing so may— (a) seriously prejudice any investigation of the notification or complaint; or Pt 2.6 Div. 11 (Heading) substituted by No. 10/2021 s. 25. Division 11—Investigations S. 2.6.33 amended by Nos 27/2010 s. 29, 31/2018 s. 27, substituted by No. 10/2021 s. 26. 2.6.33 Conduct of investigation If the Institute decides under section 2.6.32(1)(a) to conduct an investigation after completing a preliminary assessment of a notification or complaint, the Institute must investigate the notification or complaint in accordance with this Division. S. 2.6.33A inserted by No. 27/2010 s. 30, substituted by No. 10/2021 s. 26. 2.6.33A Investigation following suspension (1) If the Institute suspends a person's registration under Division 8A, the Institute must investigate whether the person— (d) has such an impairment that the person's ability to practise as a registered teacher is seriously detrimentally affected or likely to be seriously detrimentally affected. (2) The Institute must commence an investigation under subsection (1) as soon as practicable after suspending the person's registration. S. 2.6.33AB inserted by No. 10/2021 s. 26. 2.6.33AB Investigation without notification or complaint The Institute may investigate a matter relating to a registered teacher without receiving a notification or complaint if the Institute reasonably believes that the registered teacher— (d) has such an impairment that the registered teacher's ability to practise as a registered teacher is seriously detrimentally affected or likely to be seriously detrimentally affected; or (e) has failed to comply with any condition, limitation or restriction imposed on the teacher's registration; or (f) has contravened a provision of this Chapter. S. 2.6.33AC inserted by No. 10/2021 s. 26. 2.6.33AC Institute or employer may conduct investigation In order to determine whether to conduct a formal or informal hearing into a matter, the Institute may— (a) conduct an investigation into the matter; or (b) request the employer of the person being investigated to conduct an investigation into the matter. S. 2.6.33B inserted by No. 27/2010 s. 30, amended by 19/2014 s. 68, substituted by No. 10/2021 s. 26. 2.6.33B Institute to give written notice of an investigation (1) The Institute must give a person being investigated under this Division written notice of the investigation. (2) Despite subsection (1), the Institute is not required to give the person written notice of the investigation if the Institute reasonably believes that doing so may— (a) seriously prejudice the investigation; or (3) A notice under subsection (1) must— (a) be given within 14 days after the Institute decides to conduct an investigation; and (b) advise the person of the nature of the matter to be investigated; and (c) advise the person of the procedures that can be taken under this Division and Divisions 12, 13 and 14. (4) If the person holds registration under more than one Division of this Part, a notice under subsection (1) must also state— (a) the registration to which the investigation relates; and (b) that on completing the investigation, a recommendation may be made in relation to both registrations. (5) If the Institute is investigating whether a person's ability to practise as a registered teacher is seriously detrimentally affected or likely to be seriously detrimentally affected because of an impairment, a notice under subsection (1) may request the person to advise the Institute within 28 days after receiving the notice as to whether the person agrees to undergo a health assessment in accordance with Division 11A to assess the person's ability to practise as a registered teacher. S. 2.6.33C inserted by No. 27/2010 s. 30. 2.6.33C Powers of investigator An investigator may— (a) by written notice given to a person, require the person to do either or both of the following— (i) to give stated information to the investigator within a stated reasonable time and in a stated reasonable way; (ii) to attend before the investigator at a stated reasonable time and place to answer questions or to produce a stated thing; and S. 2.6.33C(b) amended by No. 10/2021 s. 27. (b) ask the person being investigated to undergo a health assessment in accordance with Division 11A within 28 days after receiving the notice; and (c) conduct an investigation in the manner determined by the investigator. S. 2.6.33D inserted by No. 27/2010 s. 30. 2.6.33D Investigation to be conducted expeditiously (1) An investigation under this Division must be conducted as quickly as practicable having regard to the nature of the matter being investigated. S. 2.6.33D(2) amended by No. 10/2021 s. 28(a). (2) Until the investigation is completed and a determination is made under section 2.6.34 by the Institute about the matter being investigated, the Institute must, at intervals of not more than 3 months, report to the following about the progress of the investigation— S. 2.6.33D (2)(a) amended by No. 10/2021 s. 28(b). (a) any person or body that made a notification or complaint in relation to the matter being investigated; S. 2.6.33D (2)(b) amended by No. 10/2021 s. 28(c). (b) the person being investigated. (3) If a matter has been referred to an investigator to investigate, that investigator must give the Institute any information the Institute reasonably requires to enable the Institute to comply with subsection (2). 2.6.34 Outcome of investigation S. 2.6.34(1) substituted by No. 27/2010 s. 31, amended by No. 10/2021 s. 29(1)(a). (1) On completing an investigation, the person conducting the investigation may make one of the following recommendations— (a) that no further action be required; or S. 2.6.34(1)(b) amended by No. 10/2021 s. 29(1)(b). (b) that the matter or part of the matter be settled by agreement between the Institute and the person who has been investigated; or S. 2.6.34(1)(c) amended by No. 10/2021 s. 29(1)(c). (c) that the matter or part of the matter be settled by agreement between the Institute, the person who has been investigated and the person or body that made the notification or complaint; or S. 2.6.34(1)(d) substituted by No. 10/2021 s. 29(1)(d). (d) that the person who has been investigated agree to the cancellation of any registrations held by that person under this Part; or (e) that an informal, formal or medical panel hearing be held into the matter; or (f) if the matter raises issues, which in the investigator's opinion require investigation by another person, organisation or agency, refer the matter to that person, organisation or agency. S. 2.6.34(1A) inserted by No. 19/2014 s. 69, amended by No. 10/2021 s. 29(2). (1A) If the person holds registration under more than one Division of this Part, a recommendation under subsection (1)(d) may be made in relation to one or both registrations. (2) The Institute must determine whether or not to act on the recommendations of any person conducting the investigation. 2.6.35 Institute may determine to conduct a hearing The Institute may, of its own motion, determine to conduct a formal or informal hearing into a registered teacher's competence or fitness to teach or the conduct of the registered teacher without conducting an investigation. Part 2.6 Div. 11A (Heading and ss 2.6.35A–2.6.35E) inserted by No. 27/2010 s. 32. Division 11A—Health assessments S. 2.6.35A inserted by No. 27/2010 s. 32. 2.6.35A Definitions ***health assessment*** means an assessment of a person to determine whether the person has an impairment and includes a medical, physical, psychiatric or psychological examination or test of the person; S. 2.6.35A def. of *registered health practitioner* substituted by Nos 39/2010 s. 121(1) (as amended by No. 29/2011 s. 3(Sch. 1 item 68.2)), 27/2012 s. 17. ***registered health practitioner*** means a person registered under the Health Practitioner Regulation National Law to practise a health profession other than as a student; S. 2.6.35A def. of *registered medical practitioner* substituted by No. 39/2010 s. 121(1) (as amended by No. 29/2011 s. 3(Sch. 1 item 68.2)). ***registered medical practitioner*** means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student). S. 2.6.35B inserted by No. 27/2010 s. 32. 2.6.35B Health assessments (1) If a registered teacher agrees to undergo a health assessment, the teacher must be assessed by a registered health practitioner who is agreed on by the Institute and the teacher. (2) If the Institute and the registered teacher are unable to agree on a registered health practitioner to conduct the assessment, the Chairperson of the Council must appoint a registered health practitioner to perform the assessment. (3) The Institute must pay for the assessment. S. 2.6.35C inserted by No. 27/2010 s. 32 (as amended by No. 28/2010 s. 22). 2.6.35C Report of health assessment (1) The assessing health practitioner must give a report of his or her assessment to the investigator. (2) The investigator must— (a) give a copy of the report to the registered teacher within 7 days after receiving the report unless subsection (3) applies; and (b) discuss the report with the registered teacher, and, in the case of an adverse finding in the report, the possible ways of dealing with that finding. (3) If the report contains information of a medical or psychiatric nature concerning the registered teacher and it appears to the investigator that the disclosure of that information to the teacher might be prejudicial to the physical or mental health or wellbeing of the teacher, the investigator may decide not to give that information to the teacher but to give it instead to a registered health practitioner nominated by the Institute or that teacher. (4) Before acting under subsection (3), the investigator must report to the Institute and, if the investigator is not a registered health practitioner and the Institute is of the opinion that it is necessary for the investigation of the matter to be continued by a registered health practitioner, the Institute may appoint a registered health practitioner as an investigator to continue the investigation. S. 2.6.35D inserted by No. 27/2010 s. 32. 2.6.35D Refusal to attend or cooperate (1) If a registered teacher, who is the subject of an investigation under this Part— (a) does not agree to undergo a health assessment; or (b) does not abide by an agreement to undergo a health assessment— the investigator must report on the matter to the Institute together with any recommendations of the investigator to the Institute. (2) After receiving a report from the investigator under subsection (1), the Institute may refer the matter to a hearing by a medical panel. S. 2.6.35E inserted by No. 27/2010 s. 32. 2.6.35E Health assessments required by a medical panel (1) If a medical panel appointed under this Part requires a registered teacher to undergo a health assessment, the teacher must be assessed by a registered health practitioner who is appointed by the panel. Under section 2.6.41F, a medical panel may direct a registered teacher to undergo a health assessment to assess the teacher's ability to practise as a teacher if the panel believes that the teacher may have an impairment. (2) The Institute must pay for the assessment. (3) The assessing health practitioner must give a report of his or her assessment to the panel. (4) The panel may discuss the report with the registered teacher, and, in the case of an adverse finding in the report, the possible ways of dealing with that finding. Pt 2.6 Div. 12 (Heading) substituted by No. 27/2010 s. 33. Division 12—Hearing panel hearings Pt 2.6 Div. 12 Subdiv. 1 (Heading and s. 2.6.35F) inserted by No. 27/2010 s. 34. Subdivision 1—Pool of persons to sit on hearing panels S. 2.6.35F inserted by No. 27/2010 s. 34. 2.6.35F Pool of approved persons who may sit on hearing panels (1) The Governor in Council, on the recommendation of the Minister, may approve a pool of persons who may be appointed to a hearing panel under this Division. S. 2.6.35F(2) repealed by No. 14/2013 s. 12. (3) Any of the following persons may be approved for a pool under this section— S. 2.6.35F (3)(a) substituted by No. 17/2014 s. 160(Sch. 2 item 34.2). (a) persons who are Australian lawyers of at least 5 years standing; (b) persons who are current or former members of the Council; (c) registered teachers; S. 2.6.35F(d) substituted by No. 39/2010 s. 121(2). (d) persons registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); S. 2.6.35F(e) substituted by No. 39/2010 s. 121(2). (e) persons registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); (f) persons who have knowledge of or experience in health and community services. (4) The Governor in Council, on the recommendation of the Minister, may revoke the approval of a person under this section*.* S. 2.6.35F(5) inserted by No. 2/2025 s. 11. (5) A person approved for a pool under this section may resign from the pool by written notice, signed by the person and given to the Minister. Pt 2.6 Div. 12 Subdiv. 2 (Heading) inserted by No. 27/2010 s. 34. Subdivision 2—Informal hearings S. 2.6.36 amended by No. 27/2010 s. 35(1). 2.6.36 Establishment and notification of an informal hearing If the Institute has determined under section 2.6.34 or 2.6.35 that an informal hearing be held into the conduct, competence or the continued fitness to teach of a registered teacher or the ability of the registered teacher to practise as a teacher, the Institute must— S. 2.6.36(a) substituted by No. 27/2010 s. 35(2). (a) appoint a panel from the pool of persons approved under section 2.6.35F to hold the informal hearing; and (b) fix a time and place for the hearing to be held; and (c) by post, serve a notice on the registered teacher under section 2.6.38; and (d) serve notice on any complainant by post which complies with section 2.6.38(a) and (b). S. 2.6.37 substituted by No. 27/2010 s. 36. 2.6.37 Constitution of informal hearing panel (1) A panel appointed to hold an informal hearing must consist of not less than 3 persons who are approved under section 2.6.35F, of whom— (a) one is to be the Chairperson, who must be a member or former member of the Council; and (b) one must be a registered teacher. (2) A person who has made a complaint or undertaken an investigation of the matter is not entitled to be a member of the informal hearing panel. 2.6.38 Notice of an informal hearing A notice of an informal hearing must— (a) state the nature of the hearing and the complaint made against the teacher; and S. 2.6.38(ab) inserted by No. 19/2014 s. 70(a). (ab) if the teacher holds registration under more than one Division of this Part, the registration to which the hearing relates; and (c) state that the teacher may choose to have the matter determined by a formal hearing and state the differences between a formal and informal hearing; and (d) state that there is no right to legal representation at the hearing, but that the teacher is entitled to be present and to make submissions and to be accompanied by another person; and (e) state that the hearing is not open to the public; and S. 2.6.38(f) amended by Nos 27/2010 s. 37, 19/2014 s. 70(b). (f) list the findings the informal hearing panel can make including application of those findings to teachers holding registration under more than one Division of this Part. 2.6.39 Conduct of an informal hearing At an informal hearing— S. 2.6.39(a) substituted by No. 27/2010 s. 38. (a) the informal hearing panel must hear and determine the matter before it; and (b) the teacher who is the subject of the hearing is entitled to be present, to make submissions and to be accompanied by another person but is not entitled to be represented; and (c) the proceedings of the hearing must not be open to the public. 2.6.40 Findings and determinations of an informal hearing S. 2.6.40(1) substituted by No. 27/2010 s. 39(1). (1) After considering all the submissions made to the hearing, the informal hearing panel may make findings about whether or not— (a) the teacher has by act or omission engaged in misconduct; or (b) the matter should be referred to a formal hearing. S. 2.6.40(1A) inserted by No. 27/2010 s. 39(1). (1A) If the panel finds that the teacher has engaged in misconduct, the panel may make one or more of the following determinations— S. 2.6.40 (1A)(a) amended by No. 14/2013 s. 20(2). (a) that the matter be referred to a medical panel hearing, if the panel is of the opinion that the teacher's ability to practise as a teacher is seriously detrimentally affected or likely to be seriously detrimentally affected because of an impairment; (b) that the teacher be cautioned; (c) that the teacher be reprimanded; (d) that any condition be placed on the teacher's registration including a condition— (i) that the teacher undertake and complete specified further education or training within a specified period; or (ii) that the teacher undergo counselling. S. 2.6.40(2) amended by No. 27/2010 s. 39(2). (2) If the panel finds that there should be a formal hearing the panel must refer the matter to a formal hearing. S. 2.6.41 substituted by No. 27/2010 s. 40. 2.6.41 Change of informal hearing to formal or medical panel hearing during course of hearing If, before the end of the informal hearing— (a) the teacher requests that a formal hearing be held; or (b) the informal hearing panel is of the opinion that a formal hearing should be held; or S. 2.6.41(c) amended by Nos 14/2013 s. 20(2), 9/2016 s. 7(a). (c) the matter is referred to a medical panel because the informal hearing panel is of the opinion that the teacher's ability to practise as a teacher is seriously detrimentally affected or likely to be seriously detrimentally affected because of an impairment; or S. 2.6.41(d) inserted by No. 9/2016 s. 7(b). (d) the Institute suspends the registration of the registered teacher under Division 8A— the panel must abandon the informal hearing and refer the matter to a formal hearing or a medical panel hearing (as the case requires). Pt 2.6 Div. 12 Subdiv. 3 (Heading and ss 2.6.41A–2.6.41G) inserted by No. 27/2010 s. 41. Subdivision 3—Medical panel hearings S. 2.6.41A inserted by No. 27/2010 s. 41. 2.6.41A Appointment and notification of medical panel hearing If the Institute has determined under section 2.6.34 or 2.6.35D that a medical panel hearing be held into a registered teacher's ability to practise as a teacher or an informal or formal hearing panel has referred a matter to a medical panel hearing in relation to a registered teacher's ability to practice as a teacher, the Institute must— (a) appoint a medical panel from the pool of persons approved under section 2.6.35F to hold the hearing; and (b) fix a time and place for the hearing to be held; and (c) serve a notice by post on the registered teacher under section 2.6.41C; and (d) serve notice on any complainant by post which complies with sections 2.6.41C(a) and 2.6.41C(b). S. 2.6.41B inserted by No. 27/2010 s. 41. 2.6.41B Constitution of medical hearing panel (1) A medical panel appointed to hold a hearing must consist of not less than 3 persons who are approved under section 2.6.35F, of whom— S. 2.6.41B (1)(a) substituted by No. 17/2014 s. 160(Sch. 2 item 34.3). (a) one must be an Australian lawyer of at least 5 years standing; and S. 2.6.41B (1)(b) substituted by No. 39/2010 s. 121(3). (b) one must be a person registered under the Health Practitioner Regulation National Law— (i) to practise in the medical profession (other than as a student); or (ii) to practise in the psychology profession (other than as a student); and (c) one must be a registered teacher. (2) A person is not entitled to be a member of the medical panel if the person has made a complaint or been involved in any proceedings under this Division relating to the matter to be referred to the panel. S. 2.6.41C inserted by No. 27/2010 s. 41. 2.6.41C Notice of medical panel hearing A notice of a medical panel hearing must— (a) state the nature of the hearing and the complaint or allegations made against the teacher; and S. 2.6.41C(ab) inserted by No. 19/2014 s. 71(a). (ab) if the teacher holds registration under more than one Division of this Part, the registration to which the hearing relates; and (c) state that there is a right to legal representation at the hearing; and (d) state that the teacher is entitled to be present and to make submissions and to be accompanied by another person; and (e) state that the hearing is not open to the public; and S. 2.6.41C(f) amended by No. 19/2014 s. 71(b). (f) list the findings the panel can make including application of those findings to teachers holding registration under more than one Division of this Part; and (g) state that there is a right of review of the panel's determinations. S. 2.6.41D inserted by No. 27/2010 s. 41. 2.6.41D Conduct of a medical panel hearing At a medical panel hearing— (a) the panel must hear and determine the matter before it; and (b) the teacher who is the subject of the hearing is entitled to be present, to make submissions and be accompanied by another person; and (c) the teacher has a right to legal representation at the hearing; and (d) the proceedings of the hearing must not be open to the public. S. 2.6.41E inserted by No. 27/2010 s. 41. 2.6.41E Findings and determinations of medical panel hearing (1) After considering all the submissions made to a hearing into the ability of a registered teacher to practise as a teacher, a medical panel may find that— (a) the ability of the teacher to practise as a teacher is seriously detrimentally affected or likely to be seriously detrimentally affected because of an impairment; or (b) the ability of the teacher to practise as a teacher is not affected. (2) If the medical panel makes a finding under subsection (1)(a), the panel may make one or more of the following determinations— (a) to impose any condition on the registration of the teacher; (b) to suspend the registration of the teacher for the period and subject to any condition specified in the determination. S. 2.6.41E(2A) inserted by No. 19/2014 s. 72. (2A) If the teacher holds registration under more than one Division of this Part, a determination under subsection (2) may be made in relation to one or both registrations. (3) Without limiting the powers of the medical panel under subsection (2)(a), the panel may determine to impose all or any of the following conditions on the registration of a teacher— (a) that the teacher undergo counselling; (b) that the teacher undertake and complete specified further education or training within a specified period; (c) that the teacher work under the supervision of another registered teacher; S. 2.6.41E (3)(d) amended by Nos 39/2010 s. 121(4), 27/2012 s. 18. (d) that the teacher attend a person registered under the Health Practitioner Regulation National Law to practise a health profession for treatment. S. 2.6.41E(4) amended by No. 14/2013 s. 20(3). (4) If the medical panel makes a finding under subsection (1)(b), the panel may determine that no further action be taken. S. 2.6.41EA inserted by No. 14/2013 s. 13. 2.6.41EA Findings on referral by formal panel (1) This section applies if a matter has been referred to a medical panel hearing by a formal hearing panel under section 2.6.45A. (2) Despite sections 2.6.41D and 2.6.41E, the medical panel may make a finding but not a determination in relation to the matter under section 2.6.41E. (3) The medical panel must notify the formal hearing panel of any finding in relation to the matter made under section 2.6.41E(1). S. 2.6.41F inserted by No. 27/2010 s. 41. 2.6.41F Referral to a health assessment The medical panel, at any time during the panel's hearing into a registered teacher's ability to practise, may direct the teacher to undergo a health assessment in accordance with Division 11A to assess the teacher's ability to practise as a teacher if the panel believes that the teacher may have an impairment. S. 2.6.41G inserted by No. 27/2010 s. 41. 2.6.41G Referral to formal hearing (1) The medical panel must refer a matter arising out of a hearing to a formal hearing if the panel is of the opinion that the registered teacher's ability to practise as a teacher is affected to such an extent that there is a reasonable likelihood that a formal hearing panel may determine to cancel the registration of the teacher. (2) A medical panel may cease a hearing into a registered teacher's ability to practise as a teacher and refer the matter to a formal hearing if the panel is of the opinion that the teacher is seriously incompetent in his or her teaching practice or has engaged in misconduct or serious misconduct. (3) If a matter is referred to a formal hearing under this section, any hearing by a medical panel into the registered teacher's ability to practise as a teacher must be abandoned. Pt 2.6 Div. 12 Subdiv. 4 (Heading) inserted by No. 27/2010 s. 42. Subdivision 4—Formal hearings 2.6.42 Establishment and notification of formal hearing If— (a) the Institute has determined that a formal hearing be held; or S. 2.6.42(b) amended by No. 27/2010 s. 43(1). (b) the informal hearing panel or medical panel has referred a matter to a formal hearing— the Institute must— S. 2.6.42(c) amended by No. 27/2010 s. 43(2). (c) appoint a panel from the pool of persons approved under section 2.6.35F to hold the hearing; and (d) fix a time and place for the hearing to be conducted; and (e) serve a notice on the teacher by post which complies with section 2.6.44; and (f) serve a notice on any complainant by post which complies with section 2.6.44(a) and (b). 2.6.43 Constitution of a hearing panel for a formal hearing (1) A panel appointed to hold a formal hearing must consist of not less than 3 persons, of whom— S. 2.6.43(1)(a) amended by No. 27/2010 s. 44(1). (a) one is to be the Chairperson who is to be a member or a former member of the Council; and (b) one is to be a registered teacher. S. 2.6.43(2) repealed by No. 27/2010 s. 44(2). (3) The following people are not entitled to be members of a panel for a formal hearing— (a) a person who has undertaken an investigation of the matter which is the subject of the hearing; S. 2.6.43(3)(b) substituted by No. 27/2010 s. 44(3). (b) a person who has been a member of a medical panel or an informal hearing panel, which held a hearing into the matter; (c) a complainant. S. 2.6.44 amended by No. 19/2014 s. 73(2) (ILA s. 39B(1)). 2.6.44 Notice of a formal hearing (1) A notice of a formal hearing must— (a) state the nature of the hearing and the complaint or allegations made against the teacher; and S. 2.6.44(ab) inserted by No. 19/2014 s. 73(1). (ab) if the teacher holds registration under more than one Division of this Part, the registration to which the hearing relates; and S. 2.6.44(c) amended by No. 19/2014 s. 23(1). (c) state that there is a right to make submissions and to be represented, that the hearing is open to the public, list the possible findings the panel can make and state that there is a right to apply for a review of the panel's determinations; and S. 2.6.44(d) inserted by No. 19/2014 s. 23(2). (d) state that the panel has, under section 2.6.45, the power to make a determination prohibiting the publishing of information that may enable identification of the teacher or a witness; and S. 2.6.44(e) inserted by No. 19/2014 s. 23(2). (e) include any other prescribed information. S. 2.6.44(2) inserted by No. 19/2014 s. 73(2). (2) The list of possible findings in a notice of a formal hearing must include application of those findings to teachers holding registration under more than one Division of this Part. 2.6.45 Conduct of a formal hearing At a formal hearing— S. 2.6.45(a) amended by No. 27/2010 s. 45. (a) the panel must hear and determine the matter before it; and (b) the teacher who is the subject of the hearing is entitled to be present, to make submissions and to be represented; and S. 2.6.45(c) amended by No. 19/2014 s. 24(1). (c) if the hearing arises out of a complaint, any information that might enable the complainant to be identified is not to be published or broadcast and the complainant— (i) in the case of a proceeding which has not been closed under paragraph (d), is entitled to be present; and (ii) if not called as a witness, may make submissions with the permission of the panel; and (d) the proceedings are to be open to the public unless the panel determines that the proceedings should be closed because the hearing is taking evidence of intimate, personal or financial matters; and S. 2.6.45(e) substituted by No. 14/2013 s. 14. (e) the panel may determine that any information that might enable any witness giving evidence in the proceedings to be identified is not to be published or broadcast; and S. 2.6.45(f) substituted by No. 19/2014 s. 24(2). (f) the panel may determine that any information that might enable the teacher who is the subject of the hearing to be identified prior to the making of the final determination must not be published or broadcast if the panel considers it necessary to do so to avoid prejudicing the administration of justice or for any other reason in the interests of justice; and S. 2.6.45(g) inserted by No. 19/2014 s. 24(2). (g) the panel may determine that any evidence given before it and the content of any document produced to it during the hearing must not be published or broadcast prior to or after the making of a final determination if the panel considers it necessary to do so to avoid prejudicing the administration of justice or for any other reason in the interests of justice. S. 2.6.45A inserted by No. 14/2013 s. 15. 2.6.45A Panel may adjourn hearing If, before the end of a formal hearing the panel is of the opinion that the teacher's ability to practise as a teacher is seriously detrimentally affected or likely to be seriously detrimentally affected because of an impairment, the panel may adjourn the hearing and refer the matter to a medical panel hearing to make findings about the teacher's ability to practise as a teacher. S. 2.6.46 (Heading) amended by No. 27/2010 s. 46(1). 2.6.46 Findings and determinations of a formal hearing (1) After considering all the submissions made to a formal hearing into the conduct of a registered teacher the panel may make findings about whether or not— S. 2.6.46(1)(a) amended by Nos 27/2010 s. 46(2), 73/2012 s. 109(1). (a) the teacher has, whether by act or omission, engaged in misconduct or serious misconduct; or (b) the teacher has, whether by act or omission, been seriously incompetent; or (c) the teacher is, whether by act or omission, not fit to teach. S. 2.6.46(2) amended by No. 14/2013 s. 16(1). (2) If after considering the submissions made at a formal hearing the panel finds that— (a) the teacher is seriously incompetent in his or her teaching practice; or (b) the teacher is not fit to teach; or S. 2.6.46(2)(c) amended by No. 27/2010 s. 46(3)(a). (c) the teacher is guilty of misconduct or serious misconduct; or (d) the teacher has contravened or failed to comply with any provision of this Chapter; or (e) the teacher has contravened or failed to comply with any condition, limitation or restriction imposed on his or her registration; or S. 2.6.46(2)(f) substituted by No. 31/2018 s. 28(1). (f) the teacher— (i) has been convicted or found guilty of a category B offence in Victoria or an equivalent offence in another jurisdiction; and (ii) is not fit to teach; or (g) the registration of the teacher has been obtained by fraud or misrepresentation or concealment of facts— the panel may make a determination to do one or more of the following— S. 2.6.46(2)(h) substituted by No. 27/2010 s. 46(3)(b). (h) impose conditions, limitations or restrictions on the registration of the teacher including a condition that the teacher— (i) undergo counselling; or (ii) undertake and complete specified further education or training within a specified period; S. 2.6.46 (2)(ha) inserted by No. 27/2010 s. 46(3)(b). (ha) caution the teacher; S. 2.6.46 (2)(hb) inserted by No. 27/2010 s. 46(3)(b). (hb) reprimand the teacher; S. 2.6.46 (2)(hc) inserted by No. 27/2010 s. 46(3)(b), amended by No. 14/2013 s. 20(2). (hc) refer the matter to a medical panel hearing, if the panel is of the opinion that the teacher's ability to practise as a teacher is seriously detrimentally affected or likely to be seriously detrimentally affected because of an impairment; (i) suspend the registration of the teacher for the period and subject to the conditions, limitations and restrictions, if any, specified in the determination; S. 2.6.46(2)(j) amended by No. 27/2010 s. 46(3)(c). (j) cancel the registration of the teacher; S. 2.6.46(2)(k) inserted by No. 27/2010 s. 46(3)(d), amended by No. 19/2014 s. 74(1). (k) disqualify the teacher from applying for registration under Divisions 3, 3A and 4 within a specified period if the teacher's registration is cancelled by the panel. S. 2.6.46(2AA) inserted by No. 31/2018 s. 28(2). (2AA) If the panel makes a finding under subsection (2)(f), the panel must make a determination under subsection (2)(j) to cancel the registration of the teacher. S. 2.6.46(2AB) inserted by No. 31/2018 s. 28(2). (2AB) For the purposes of subsection (2)(f)(ii), the panel may decide that a teacher is fit to teach despite being convicted or found guilty of a category B offence in Victoria or an equivalent offence in another jurisdiction, if the panel is satisfied that a reasonable person would allow their child to have direct contact with the teacher. S. 2.6.46(2A) inserted by No. 19/2014 s. 74(2). (2A) If the teacher holds registration under more than one Division of this Part, the panel may make a determination under subsection (2)(h), (i) or (j) in relation to one or to both registrations. S. 2.6.46(3) inserted by No. 14/2013 s. 16(2). (3) In making a determination under subsection (2), the panel may take into consideration any finding of a medical panel to which the matter was referred under section 2.6.45A. S. 2.6.46(4) inserted by No. 19/2014 s. 25. (4) In addition to a determination made under subsection (2) the panel may determine— (a) subject to subsection (5)— (i) that it is not appropriate or in the public interest for any particulars relating to the hearing, including any determination made under subsection (2), to be recorded in the Register of Disciplinary Action in accordance with Division 13A; and (ii) the extent to which, the manner in which and the period for which those particulars are recorded in the Register of Disciplinary Action; or (b) that any information, which might enable the teacher who is the subject of a determination made under subsection (2) to be identified, must not be published or broadcast if the panel considers it necessary to do so to avoid prejudicing the administration of justice or for any other reason in the interests of justice. S. 2.6.46(5) inserted by No. 19/2014 s. 25. (5) In making a determination under subsection (4)(a), the panel must consider the circumstances of the determination made under subsection (2). Pt 2.6 Div. 13 (Heading) substituted by No. 10/2021 s. 30. Division 13—General provisions relating to investigations, hearings and determinations S. 2.6.47 (Heading) amended by No. 10/2021 s. 31(1). S. 2.6.47 amended by No. 10/2021 s. 31(2). 2.6.47 Preliminary assessment, investigation or hearing may continue even if person no longer registered The Institute may conduct or continue to conduct a preliminary assessment, investigation or hearing into the conduct or activities of a person who was a registered teacher at the time of the conduct or activities but who has ceased to be a registered teacher as if the person were a registered teacher. S. 2.6.48 (Heading) substituted by No. 27/2010 s. 47(1). S. 2.6.48 amended by No. 27/2010 s. 47(2)(a). 2.6.48 Procedure at hearing panel hearings At a hearing of a hearing panel— S. 2.6.48(a) amended by Nos 27/2010 s. 47(2)(b), 14/2013 s. 20(4). (a) subject to this Part, the procedure of a hearing panel 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 S. 2.6.48(c) amended by No. 27/2010 s. 47(2)(c). (c) the hearing panel is not bound by rules of evidence but may inform itself in any way it thinks fit; and S. 2.6.48(d) amended by No. 27/2010 s. 47(2)(c). (d) the hearing panel is bound by the rules of natural justice. 2.6.49 Determinations S. 2.6.49(1) amended by No. 27/2010 s. 48. (1) A determination made by a hearing panel on a hearing comes into operation on its making or at any later time stated in the determination. S. 2.6.49(2) amended by No. 27/2010 s. 48. (2) A determination of a hearing panel has effect as if it were a determination of the Institute. S. 2.6.49A inserted by No. 19/2014 s. 26. 2.6.49A Publication of determinations of formal hearing panels The Institute may publish the whole or part of the findings, reasons or a determination of a formal hearing panel relating to a matter heard by the panel in any manner that it thinks fit, if the publication of the findings, reasons or determination is not in contravention of section 2.6.45(c) or a determination made under section 2.6.45 or 2.6.46(4)(b). 2.6.50 Notice of cancellations and determinations of panel S. 2.6.50(1) amended by Nos 27/2010 s. 49, 9/2016 s. 8(1). (1) The Institute must advise the teacher in writing of the determination of a hearing panel under this Part and of the reasons for the determination, within 28 days after the making of the determination. S. 2.6.50(2) amended by No. 9/2016 s. 8(2). (2) The Institute must advise a person whose registration is suspended or cancelled under this Part in writing of that suspension or cancellation. S. 2.6.50(3) inserted by No. 9/2016 s. 8(3). (3) If a finding or a determination of a hearing panel or a suspension, cancellation or cessation of a person's registration under this Part has the effect of ending the suspension of registration of a person under Division 8A, the Institute must notify the person, and any person employing the person as a teacher or early childhood teacher at the time the suspension was imposed, in writing— (a) that the suspension has ceased to be in force; and (b) the date on which the suspension ceased to be in force; and (c) the reason that the suspension has ceased to be in force. Note to s. 2.6.50 inserted by No. 9/2016 s. 8(4). For the purposes of subsection (3), section 2.6.28C sets out the circumstances in which a suspension of registration of a person under Division 8A ends. 2.6.51 Notifications S. 2.6.51(1) amended by No. 27/2010 s. 50(1). (1) If a determination has been made by a formal hearing panel— (a) imposing conditions, limitations or restrictions on the registration of a teacher; or (b) suspending the registration of a teacher; or (c) cancelling the registration of a teacher— the Institute must give notice of the determination— (d) in the Government Gazette; and (e) to the teacher registration authorities in all other States or Territories of the Commonwealth and in New Zealand; and (f) to the teacher's employer; and S. 2.6.51(1)(g) amended by Nos 31/2018 s. 29, 34/2020 s. 232, 58/2025 s. 125(Sch. 2 item 4.8). (g) to the Social Services Regulator; and S. 2.6.51 (1)(ga) inserted by No. 28/2010 s. 12(1), substituted by No. 61/2011 s. 25(Sch. 2 item 1). (ga) to the licensing authority within the meaning of the **Transport (Compliance and Miscellaneous) Act 1983**; and (h) if the Institute has received a request for information about the person in respect of whom the determination has been made from a teacher registration authority outside Australia or New Zealand, that authority. (2) Notice under subsection (1) must be given as soon as practicable after the determination has been made. S. 2.6.51(3) amended by No. 28/2010 s. 12(2). (3) If the registration of a teacher is cancelled by virtue of section 2.6.29 the Institute must give notice of that cancellation in accordance with paragraphs (d), (e), (f), (g), (ga) and (h) of subsection (1). (4) If a complaint has been made to the Institute, the Institute must notify the complainant— S. 2.6.51(4)(a) amended by No. 27/2010 s. 50(2)(a). (a) of whether or not a formal or informal hearing or a medical panel hearing is to be conducted into the matter and, if so, of the time and place of the hearing and, in the case of a formal hearing, of the fact that the complainant's identity is not to be published or broadcast; and S. 2.6.51(4)(b) amended by No. 27/2010 s. 50(2)(b). (b) of whether or not the complainant has any right to make submissions at the hearing; and (c) of the findings and determinations of any hearing arising from that complaint and the reasons for those findings and determinations, within 28 days after their having been made. S. 2.6.52 amended by No. 27/2010 s. 51, substituted by No. 19/2014 s. 27. 2.6.52 Offence to publish or broadcast information identifying a complainant or contravening a determination of the panel (1) A person must not publish or broadcast or cause to be published or broadcast any report of a formal hearing under this Part, including any determination made during the hearing, which contains information that would enable the complainant to be identified. Penalty: 50 penalty units in the case of a natural person and 100 penalty units in the case of a body corporate. (2) A person must not publish or broadcast or cause to be published or broadcast any report of a formal hearing under this Part, including any determination made during the hearing, which contains information in contravention of a determination of the formal hearing panel made under section 2.6.45 or 2.6.46(4)(b). Penalty: 50 penalty units in the case of a natural person and 100 penalty units in the case of a body corporate. 2.6.53 Enforcement of determination S. 2.6.53(1) amended by No. 10/2021 s. 32. (1) The Institute must take all action necessary to give effect to a cancellation of registration under section 2.6.29 or a recommendation or determination made under this Part. (2) Action under subsection (1) includes, but is not limited to— (a) the amendment of a certificate of registration; and (b) the recording of matters in the Register. (3) A registered teacher who does not comply with a determination under section 2.6.46 is guilty of serious misconduct. 2.6.54 Revocation of suspension (1) The Institute may at the request of the person concerned or on its own initiative revoke the suspension of the person's registration. (2) The Institute must without delay give written notice of the revocation to the person concerned. Pt 2.6 Div. 13A (Heading and ss 2.6.54A–2.6.54J) inserted by No. 19/2014 s. 28. Division 13A—Register of Disciplinary Action S. 2.6.54A inserted by No. 19/2014 s. 28. 2.6.54A The Register of Disciplinary Action There is to be a Register of Disciplinary Action in relation to registered teachers and former registered teachers. S. 2.6.54B inserted by No. 19/2014 s. 28. 2.6.54B Institute to maintain the Register of Disciplinary Action (1) The Institute must establish and maintain the Register of Disciplinary Action in accordance with this Division. (2) The Institute must make an up to date copy of the Register available for inspection by any person at the Institute's offices, during normal office hours, free of charge. (3) The Institute may publish the whole or any part of the Register in any manner that it considers fit. S. 2.6.54C inserted by No. 19/2014 s. 28. 2.6.54C What the Register must contain (1) Subject to section 2.6.54D, the Register of Disciplinary Action must contain the following particulars in respect of registered teachers or former registered teachers, as the case requires— (a) any disciplinary action of a kind set out in subsection (2) imposed, in relation to a registered teacher, by or under this Act or a corresponding previous enactment and whether or not imposed before the commencement of this Division; (b) the date that the disciplinary action took effect; (c) the date that disciplinary action will cease to have effect (if relevant); (d) the teacher's name at the time at which the disciplinary action came into effect and any subsequent name of that teacher of which the Institute is aware; (e) the teacher's registration number or former registration number; S. 2.6.54C(1)(f) amended by No. 19/2014 s. 75(1). (f) whether the disciplinary action relates to registration under Division 3, 3A or 4; (g) any other information prescribed in the regulations. (2) For the purposes of subsection (1), the following disciplinary actions are to be recorded in the Register— (a) the imposition of conditions, limitations or restrictions on the registration of the teacher; (b) the cautioning of the teacher; (c) the reprimanding of the teacher; (2)(d) amended by No. 9/2016 s. 12. (d) the suspension of the registration of the teacher including any conditions, limitations or restrictions relating to the suspension (other than under section 2.6.21(2), 2.6.22A(4) or 2.6.23(2)); (e) the cancellation of the registration of the teacher (other than under section 2.6.29C); A cancellation under section 2.6.29C arises when a registered teacher voluntarily surrenders his or her registration and asks the Institute to cancel that registration. S. 2.6.54C(2)(f) amended by No. 19/2014 s. 75(2)(a). (f) the disqualification of the teacher from applying for registration as a teacher or an early childhood teacher or permission to teach within a specified period if the teacher's registration or permission to teach is cancelled; (2)(g) amended by Nos 31/2018 s. 30, 34/2020 s. 233. (g) the cessation of the teacher's registration if convicted or found guilty of a category A offence or has been given a WWC exclusion; (2)(h) amended by Nos 31/2018 s. 30, 34/2020 s. 233. (h) the cessation of the teacher's permission to teach if convicted or found guilty of a category A offence or has been given a WWC exclusion; S. 2.6.54C(2)(i) amended by Nos 19/2014 s. 75(2)(b), 31/2018 s. 30, 34/2020 s. 233. (i) the disqualification from teaching in a school or an early childhood service if convicted or found guilty of a category A offence or has been given a WWC exclusion; (j) the voluntary suspension of the registration of the teacher or the voluntary imposition of a condition on a registration of the teacher or both under Division 9A. The disciplinary actions that must be recorded in the Register of Disciplinary Action under subsection (2) are subject to the exclusions listed in section 2.6.54D. S. 2.6.54D inserted by No. 19/2014 s. 28. 2.6.54D Which particulars must not be recorded on the Register of Disciplinary Action The following particulars must not be recorded in the Register of Disciplinary Action— (a) any particular relating to a disciplinary action imposed— (i) by a determination of an informal hearing panel (whether imposed under this Act or a previous corresponding enactment); or (ii) by a medical hearing panel; or (iii) under Division 9A, which is based solely on medical grounds; or (b) any particular relating to a disciplinary action imposed under Division 9A to the extent to which it contravenes a determination of the Institute made under section 2.6.29BA; or (c) any particular relating to a disciplinary action imposed by a determination of a formal hearing panel to the extent to which it contravenes a determination of the panel made under section 2.6.45 or 2.6.46(4)(a); or (d) any particular that the Institute, under section 2.6.54E, has decided is not to be recorded in the Register. S. 2.6.54E inserted by No. 19/2014 s. 28. 2.6.54E Institute may decide that particulars be removed from or excluded from the Register of Disciplinary Action (1) The Institute, on the application of a registered teacher or a former registered teacher, may decide that all or any of the particulars to be contained in the Register in respect of that person are not to be initially recorded in the Register or are to be removed from the Register if the Institute is satisfied that— (a) the exclusion of the particular is necessary to avoid endangering the physical safety of a person; and (b) there is no overriding public interest for the particular to be included or to remain in the Register. (2) The Institute, on its own initiative, may decide to remove particulars from the Register that relate to the cautioning or reprimanding of a registered teacher if the Institute considers that it is no longer appropriate or in the public interest for the particulars to remain in the Register. S. 2.6.54F inserted by No. 19/2014 s. 28. 2.6.54F At what time can particulars be recorded in the Register Particulars required to be contained in the Register of Disciplinary Action may be recorded in the Register by the Institute— (a) in the case of a disciplinary action referred to in section 2.6.54C(2)(a) to (f) that is imposed by a formal hearing panel, at the later of the following— (i) the end of the period within which the teacher may apply to VCAT for a review of the determination of the formal hearing panel that imposed the action; (ii) the end of the period within which the teacher may appeal to a court from an order of VCAT that affirmed, varied or substituted the determination; (iii) when the determination of the formal hearing panel or order of VCAT is affirmed, varied or substituted by VCAT or a court, as the case may be; (b) in all other cases, the time at which the disciplinary action takes effect. S. 2.6.54G inserted by No. 19/2014 s. 28. 2.6.54G Retention period of particulars contained in Register of Disciplinary Action Subject to section 2.6.54H, particulars of a disciplinary action recorded in the Register of Disciplinary Action must remain on the Register for whichever is the longer of the following periods— (a) 5 years after the disciplinary action takes effect; (b) the period for which the disciplinary action continues to have effect. For example, if a teacher's registration is cancelled, the particulars recorded in the Register relating to that cancellation will remain on the Register until he or she is re‑registered. S. 2.6.54H inserted by No. 19/2014 s. 28. 2.6.54H Removal of particulars contained in Register of Disciplinary Action The Institute must remove particulars relating to a disciplinary action recorded in the Register of Disciplinary Action in the following circumstances— (a) at the end of the retention period for the particulars; (b) in accordance with a court order to remove the particulars; (c) in the case of a disciplinary action referred to in section 2.6.54C(2)(g) to (i), when the Institute becomes aware of the quashing or setting aside of the conviction or finding of guilt relating to that action; (d) if the period within which an application to VCAT for a review of the formal hearing panel's determination imposing the action has been extended by VCAT; (e) in the case of a suspension of registration under section 2.6.27, on the occurrence of any of the things listed in section 2.6.27(10)(b)(i) to (v); S. 2.6.54H(ea) inserted by No. 9/2016 s. 9. (ea) in the case of a suspension of registration under Division 8A, when the suspension is no longer in force; (f) if the Institute decides under section 2.6.54E that a particular must be removed. S. 2.6.54J inserted by No. 19/2014 s. 28. 2.6.54J Updating and correcting particulars contained in the Register of Disciplinary Action (1) The Institute must note the following in the Register of Disciplinary Action in respect of particulars recorded in the Register, as soon as is reasonably practicable— (a) that a condition imposed on a registered teacher's registration has been amended or varied or satisfied and the details of any amendment or variation; (b) that any restriction or limitation imposed on a registered teacher's registration has been amended and details of that amendment; (c) that any restriction or limitation imposed on a registered teacher's registration has been removed; (d) that any suspension of a former registered teacher's registration under this Part has been revoked; (e) that a former registered teacher has been re‑registered under this Part following the cancellation of his or her registration. (2) A note made by the Institute in the Register under subsection (1) in respect of particulars recorded in the Register does not affect the retention period of the particulars under section 2.6.54G. (3) The Institute may correct any error or omission in the particulars recorded in the Register. Pt 2.6 Div. 13B (Heading and s. 2.6.54K) inserted by No. 9/2016 s. 10. Division 13B—Suspension of registration under this Part S. 2.6.54K inserted by No. 9/2016 s. 10. 2.6.54K Effect of suspension of registration (1) For the purposes of this Act, a teacher or an early childhood teacher whose registration is suspended is deemed not to be registered for the period of that suspension. S. 2.6.54K(2) amended by No. 10/2021 s. 33. (2) Despite subsection (1), the Institute may conduct or continue to conduct a preliminary assessment or investigation into the conduct or activities of a person whose registration has been suspended under this Part as if the person were a registered teacher. Division 14—Review by VCAT 2.6.55 Review by VCAT (1) A person may apply to the VCAT for review of— (a) a determination refusing the person's application for registration or renewal of registration; or (b) a determination made under Divisions 12 and 13 cancelling or suspending the person's registration; or S. 2.6.55(1)(c) amended by No. 27/2010 s. 52(1). (c) a determination made under Divisions 12 and 13 imposing conditions, limitations or restrictions on a person's registration; or S. 2.6.55(1)(d) inserted by No. 27/2010 s. 52(2). (d) a determination made under Divisions 12 and 13— (i) cautioning a registered teacher; (ii) reprimanding a registered teacher; S. 2.6.55 (1)(d)(iii) amended by No. 19/2014 s. 76. (iii) disqualifying a registered teacher from applying for registration under Divisions 3, 3A and 4 within a specified period if his or her registration is cancelled. (2) An application for review under this Part must be made— (a) in the case of an application under subsection (1)(a), within 28 days after the day on which the Institute gives notice of the determination to the person; or (b) in any other case, within 3 months after the day on which the Institute gives notice of the determination to the person. S. 2.6.55(3) amended by Nos 31/2018 s. 31, 34/2020 s. 234. (3) Subsection (1)(a) does not apply to a determination of the Institute to refuse the person's registration or permission to teach on the grounds that the person has been convicted or found guilty of a category A offence or has been given a WWC exclusion. Division 15—Offences 2.6.56 Unregistered teachers S. 2.6.56(1) amended by No. 19/2014 s. 77(1). (1) A person who is not registered under Division 3 of this Part or who does not have permission to teach under this Part must not undertake the duties of a teacher in a school. S. 2.6.56(2) amended by No. 19/2014 s. 77(2). (2) A person or body must not employ a person to teach in a school unless the person is registered under Division 3 of this Part to undertake teaching duties in a school or has permission to teach under this Part. S. 2.6.56(3) amended by No. 19/2014 s. 77(3). (3) For the purposes of this section, a person who is registered as a non-practising teacher is not to be treated as being registered under Division 3 of this Part. S. 2.6.56A inserted by No. 19/2014 s. 78. 2.6.56A Unregistered early childhood teachers (1) A person or body must not employ or engage a person as an early childhood teacher in an early childhood service unless the person— (a) is a registered early childhood teacher; or S. 2.6.56A (1)(b) amended by No. 33/2020 s. 16(1)(a). (b) holds a temporary approval that permits the person to be engaged or employed in the early childhood service for the purposes of meeting funding requirements in the kindergarten guidelines. S. 2.6.56A (1)(c) repealed by No. 33/2020 s. 16(1)(b). (2) A person is not employed or engaged as an early childhood teacher only for the reason that the person is— (a) taken to be an early childhood teacher under regulation 135 of the national regulations; or S. 2.6.56A (2)(b) amended by No. 33/2020 s. 16(2). (b) taken to be an early childhood teacher under regulations made under the **Children's Services Act 1996**. S. 2.6.56B inserted by No. 19/2014 s. 78. 2.6.56B Offence to employ unregistered person for early childhood teacher requirements S. 2.6.56B(1) substituted by No. 33/2020 s. 17(1). (1) A person or body must not employ or engage a person in an early childhood service for the purpose of meeting requirements under the national regulations for attendance of or access to early childhood teachers unless the person is a registered early childhood teacher. S. 2.6.56B(2) amended by No. 33/2020 s. 17(2). (2) A person or body must not employ or engage a person in an early childhood service for the purpose of meeting requirements under the **Children's Services Act 1996** or regulations made under that Act for attendance of or access to early childhood teachers unless the person is a registered early childhood teacher. (3) A person or body must not employ or engage a person in an early childhood service for the purpose of meeting requirements in the kindergarten funding guidelines for attendance of or access to early childhood teachers unless the person— (a) is a registered early childhood teacher; or S. 2.6.56B (3)(b) amended by No. 33/2020 s. 17(3)(a). (b) holds a temporary approval that permits the person to be engaged or employed in the early childhood service for the purposes of meeting those requirements. S. 2.6.56B (3)(c) repealed by No. 33/2020 s. 17(3)(b). S. 2.6.56B(4) amended by No. 33/2020 s. 17(4)(a). (4) A person is not employed or engaged for the purpose of meeting requirements for attendance of an early childhood teacher only for the reason that the person is— (a) taken to be an early childhood teacher under regulation 135 of the national regulations; or S. 2.6.56B (4)(b) amended by No. 33/2020 s. 17(4)(b). (b) taken to be an early childhood teacher under regulations made under the **Children's Services Act 1996**. 2.6.57 Provision of information by teachers S. 2.6.57(1) amended by No. 31/2018 s. 32. (1) If a registered teacher has in respect of a category A offence, a category B offence or an offence specified in paragraph (a) or (c) of the definition of ***category C conduct***— (a) been committed for trial; or (b) been convicted or found guilty of the offence— the person must notify the Institute within 30 days after that commitment, conviction or finding of guilt. S. 2.6.57(2) amended by No. 10/2021 s. 17. (2) An applicant for registration, renewal or reinstatement of registration as a teacher must ensure that details of any of the matters referred to in this section are set out in the application. 2.6.58 False representation S. 2.6.58(1) substituted by No. 19/2014 s. 79 (as amended by No. 37/2015 s. 29(1)(a)). (1) A person who is not registered as a teacher under Division 3 must not claim to be, or hold himself or herself out as being, registered as a teacher under Division 3. S. 2.6.58(1A) inserted by No. 19/2014 s. 79 (as amended by No. 37/2015 s. 29(1)(b)). (1A) A person who has not been granted permission to teach must not claim to be, or hold himself or herself out as being, granted permission to teach. S. 2.6.58(1B) inserted by No. 19/2014 s. 79 (as amended by No. 37/2015 s. 29(1)(c)). (1B) A person who is not registered as an early childhood teacher under Division 3A must not claim to be, or hold himself or herself out as being, registered as an early childhood teacher under Division 3A. S. 2.6.58(1BA) inserted by No. 19/2014 s. 79 (as amended by No. 37/2015 s. 29(2)). (1BA) A person must not falsely claim to have been, or hold himself or herself out as having been— (a) registered as a teacher under Division 3; or (b) granted permission to teach; or (c) registered as an early childhood teacher under Division 3A. S. 2.6.58(1C) inserted by No. 19/2014 s. 79. (1C) A person or body must not represent a person to be a registered early childhood teacher if the person knows or ought reasonably to know that the person is not registered as an early childhood teacher under Division 3A. (2) A person must not fraudulently or by false representation obtain registration or permission to teach under this Act. 2.6.59 Return of document S. 2.6.59(1) amended by No. 19/2014 s. 80. (1) If a registered teacher's registration is cancelled or suspended, the teacher must, within 14 days after the date on which notice of the determination is given, return the certificate or other document issued by the Institute as evidence of registration or permission to teach to the Institute. (2) The Institute must return a certificate or other document issued by the Institute as evidence of registration or permission to teach to the holder of the certificate or other document as soon as possible— (a) after the end of the suspension period; or (b) if the suspension is sooner revoked, after that revocation. 2.6.60 Proceedings Proceedings for an offence under this Part may be commenced by any person authorised by the Institute to do so. Pt 2.6 Div. 15A (Heading and ss 2.6.60A–2.6.60F) inserted by No. 19/2014 s. 81. Division 15A—Early childhood service exemptions and temporary approvals S. 2.6.60A inserted by No. 19/2014 s. 81. 2.6.60A Secretary may exempt early childhood service from funding requirements for registered early childhood teacher (1) The Secretary may grant an exemption to an early childhood service if— (a) the early childhood service is required to employ or engage a registered early childhood teacher for the purposes of meeting funding requirements in the kindergarten funding guidelines; and (b) either— (i) the early childhood service holds a waiver or a children's services exemption; or (ii) the Secretary is satisfied that the early childhood service has made reasonable attempts to employ or engage a registered early childhood teacher to fulfil the requirements of paragraph (a). (2) If an exemption is granted under subsection (1), the early childhood service may employ or engage a person holding a temporary approval in place of a registered early childhood teacher for the purpose of meeting funding requirements in the kindergarten funding guidelines. (3) An exemption granted under subsection (1) is valid for the period (not exceeding 12 months) specified in it. (4) The Secretary may impose any condition on an exemption granted under subsection (1) that the Secretary thinks fit. (5) The Secretary may by notice issued to the early childhood service vary or revoke any condition imposed under subsection (4). S. 2.6.60A(6) substituted by No. 37/2019 s. 18. ***waiver*** means— (a) a service waiver or temporary waiver under the **Children's Services Act 1996** that exempts a children's service from requirements under that Act for attendance of early childhood teachers; or (b) a service waiver or temporary waiver under the Education and Care Services National Law (Victoria) that exempts an education and care service from requirements under that Law for attendance of early childhood teachers. S. 2.6.60B inserted by No. 19/2014 s. 81. 2.6.60B Application for a temporary approval to be employed or engaged as an early childhood teacher (1) A natural person who does not hold an approved early childhood teaching qualification may make an application to the Secretary for a temporary approval. (2) An application for a temporary approval must be— (a) in the form approved by the Secretary; and (b) accompanied by— S. 2.6.60B (2)(b)(i) substituted by No. 34/2020 s. 235. (i) a copy of the applicant's current WWC clearance under the **Worker Screening Act 2020** or evidence that the applicant has applied for a WWC clearance under that Act; and (ii) the application fee fixed by the Minister. (3) The application must— (a) specify the early childhood service at which the applicant is proposed to be employed or engaged; and (b) be accompanied by information about the exemption granted to the early childhood service under section 2.6.60A, or the application made by the service for an exemption. (4) The Secretary may require an applicant for a temporary approval to provide information about any of the following— (a) the applicant's qualifications or education currently being undertaken by the applicant; (b) the applicant's relevant employment experience. S. 2.6.60C inserted by No. 19/2014 s. 81. 2.6.60C Grant of temporary approval (1) The Secretary may grant an applicant a temporary approval if the Secretary is satisfied that the applicant is suitable to be employed or engaged in an early childhood service in place of a registered early childhood teacher for the purpose of meeting funding requirements in the kindergarten funding guidelines. S. 2.6.60C(2) amended by No. 34/2020 s. 236. (2) The Secretary must not grant a temporary approval to an applicant who does not hold a current WWC clearance under the **Worker Screening Act 2020**. S. 2.6.60C(3) substituted by No. 31/2018 s. 33(7). (3) The Secretary must not grant a temporary approval to a person who has, at any time, been convicted or found guilty of a category A offence in Victoria or an equivalent offence in another jurisdiction. (4) The Secretary may publish criteria on the Department's website for assessing the suitability of an applicant for grant of a temporary approval. S. 2.6.60D inserted by No. 19/2014 s. 81. 2.6.60D Duration and conditions of temporary approvals (1) A temporary approval is valid for the period (not exceeding 12 months) specified in it. (2) A temporary approval permits the person to be employed or engaged at the early childhood service specified in the approval in place of a registered early childhood teacher for the purpose of meeting funding requirements in the kindergarten funding guidelines. (3) The Secretary may impose any condition on a temporary approval that the Secretary thinks fit, including conditions about professional development or progress towards obtaining qualifications. (4) The Secretary may by notice issued to the person vary or revoke any condition imposed under subsection (3). S. 2.6.60E inserted by No. 19/2014 s. 81. 2.6.60E Revocation of exemptions and temporary approvals (1) The Secretary must revoke an exemption granted under section 2.6.60A if the Secretary is satisfied that the early childhood service— (a) no longer requires the exemption under section 2.6.60A(1); or (b) has not complied with any condition attached to the exemption. S. 2.6.60E(2) substituted by No. 31/2018 s. 33(8), amended by No. 34/2020 s. 237. (2) The Secretary must revoke a temporary approval if the holder has, at any time, been convicted or found guilty of a category A offence in Victoria or an equivalent offence in another jurisdiction or been given a WWC exclusion. (3) The Secretary may by notice issued to the person revoke a temporary approval if— (a) the person has not complied with any condition imposed on the temporary approval; or (b) the Secretary forms the belief that the person is no longer suitable to be employed or engaged in place of a registered early childhood teacher for the purpose of meeting funding requirements in the kindergarten funding guidelines. (4) If, under this section, the Secretary revokes an exemption under section 2.6.60A or a temporary approval, as soon as reasonably practicable, the Secretary must notify any early childhood service that employs or engages a person holding that temporary approval under section 2.6.60A(2). S. 2.6.60F inserted by No. 19/2014 s. 81. 2.6.60F Provision of information to the Secretary If a person who holds a temporary approval ceases to be employed or engaged under section 2.6.60A(2) at an early childhood service specified in the approval, as soon as reasonably practicable— (a) the person must notify the Secretary that the employment or engagement has ceased; and (b) the early childhood service must notify the Secretary that the employment or engagement has ceased. Division 16—The Council—Administration 2.6.61 Schedule 2 2.6.62 Resignation and removal S. 2.6.62(1) amended by No. 2/2025 s. 12. (1) A member of the Council may resign from office by written notice, signed by the member and given to the Minister. (2) The Governor in Council may at any time remove a member appointed by the Governor in Council from office. S. 2.6.62(3) repealed by No. 31/2018 s. 48. S. 2.6.63 repealed by No. 19/2014 s. 31. S. 2.6.64 substituted by No. 42/2016 s. 8. 2.6.64 Acting members (1) Subject to subsection (2), the Minister may appoint a person to act in the place of a member, including the Chairperson— (a) if the member is absent or is, for any other reason, unable to perform the duties of the office, during that absence or inability; or (b) if there is a vacancy in the office of the member, until the vacancy is filled. (2) The Minister must consult with the relevant nominating organisation before appointing a person to act in the place of a member nominated under section 2.6.6AB. (3) A person appointed under subsection (1)— (a) has all the powers and may perform all the duties of the member for whom the person is acting; and (b) is entitled to the remuneration and allowances (if any) to which the member for whom the person is acting would have been entitled for performing those duties; and (c) subject to this section, is subject to the same terms and conditions of appointment as the member for whom the person is acting. S. 2.6.64(4) inserted by No. 31/2018 s. 49. (4) The Minister may remove or suspend an acting member from office. 2.6.65 Institute staff (1) A Registrar, a chief executive officer and any other employees that are necessary for the purposes of this Part may be employed. (2) The chief executive officer is responsible for implementing any policy or decision of the Minister or the Council made in accordance with this Act. 2.6.66 Establishment of committees or bodies to act as delegates of Council (1) The Institute may from time to time, by instrument in writing, establish a committee or any other body to exercise any of the powers of the Council that are delegated to its members under this Act. (2) The Institute may make any provision with respect to the terms and conditions of appointment of the members of the committee or body and the procedure of the committee or body as the Institute thinks fit. (3) The Institute may appoint members to a committee or body including any person who is not a member of the Council. (4) A committee or body established under subsection (1) may permit members to participate in a particular meeting, or all meetings, by telephone, closed circuit television or other means of communication. (5) The members of a committee or body may exercise any power or perform any function delegated to its members by the Institute. S. 2.6.67 amended by Nos 27/2010 s. 53, 9/2016 s. 11 substituted by No. 10/2021 s. 34. 2.6.67 Delegation (1) The Institute, by instrument, may delegate any function or power of the Institute under this Act, other than this power of delegation or any power under Division 8A or the power to conduct an investigation under Division 11, to— (a) a member of the Council; or (b) the Registrar or any other person employed by the Institute under this Part; or (c) a committee or body or a member of a committee or body established under this Part; or (d) the members of the governing board of a college established under this Part. (2) Despite subsection (1)*,* the Institute, by instrument, may delegate to the Chief Executive Officer of the Institute any function or power of the Institute under Division 8A. (3) Despite subsection (1), the Institute, by instrument, may delegate to any of the following the Institute's power to conduct an investigation under Division 11, other than the Institute's power to make determinations upon an investigation— (a) an employee of the Institute; (b) an investigator retained by the Institute; (c) a member of the Council or a number of members not exceeding 3; (d) the employer or a nominee of the employer of the person being investigated. 2.6.68 Accreditation Committee (1) The Council must establish a committee to be called the Accreditation Committee. S. 2.6.68(2) amended by No. 19/2014 s. 82, substituted by No. 10/2021 s. 9. (2) The Accreditation Committee has the following functions— (a) to assess programs and courses of study and advise and make recommendations to the Institute about whether those programs and courses should be approved, varied or renewed by the Institute as initial teacher education programs; (b) to advise and make recommendations to the Institute about the requirements, criteria or standards that a program, unit or course of study must satisfy before the Institute approves or endorses the program, course or unit as— (i) an initial teacher education program; or (ii) a pathway program; or (iii) a continuing education program; (c) to assess programs and courses of study and advise and make recommendations to the Institute about whether those programs and courses should be approved, varied or renewed by the Institute as pathway programs; (d) to assess programs, units and courses of study and advise and make recommendations to the Institute about whether those programs, units and courses should be endorsed, varied or renewed by the Institute as continuing education programs; (e) to assess and make recommendations to the Institute about conditions or the revocation of conditions on any approvals or endorsements the Institute has given in respect of the following programs— (i) initial teacher education programs; (ii) pathway programs; (iii) continuing education programs; (f) to assess and make recommendations to the Institute about whether any approvals or endorsements given by the Institute in respect of the following programs should be revoked— (i) initial teacher education programs; (ii) pathway programs; (iii) continuing education programs; (g) any other function or power delegated to the Accreditation Committee by the Institute under section 2.6.67. (3) The Accreditation Committee has all the powers necessary to enable it to perform its functions. S. 2.6.69 repealed by No. 27/2010 s. 54. 2.6.70 Membership of committees and bodies Any committee or body established under this Division consists of— (a) at least one member of the Council, who will chair the committee or body; (b) a majority of persons who are registered teachers; (c) any other persons that are appointed by the Institute with expertise appropriate to carry out the functions of the committee or body. 2.6.71 Terms of office (1) A member of a committee, hearing panel or body established under this Part holds office for the period determined by the Council. S. 2.6.71(2) amended by No. 27/2010 s. 55. (2) A member of a committee, hearing panel or body established under this Part is eligible for re‑appointment. S. 2.6.71(3) substituted by No. 80/2006 s. 26(Sch. item 30.2). (3) The **Public Administration Act 2004** (other than Part 3 of that Act) applies to a member in respect of the office of member. 2.6.72 Resignation and removal (1) A member of a committee, hearing panel or body established under this Part may resign the office of member by writing signed by the member and addressed to the Institute. (2) The Institute may at any time remove a member of a committee, hearing panel or body from office. (3) If a member of the committee, hearing panel or body dies, resigns or is removed from office, the Institute may appoint an acting member to fill the vacant office. (4) A member appointed under subsection (3) holds office for the rest of the term of appointment of the member whose place he or she fills. 2.6.73 Payment of members S. 2.6.73(1) amended by No. 7/2024 s. 9. (1) A member or acting member of a committee, hearing panel or body established under this Part, other than a member who holds a full-time Government office, or a full-time position in the public service, teaching service, government ELC workforce or with a statutory authority is entitled to receive the remuneration and fees (if any) that are fixed from time to time by the Institute for that member. (2) A member or acting member of the committee, hearing panel or body is entitled to receive the personal and travelling expenses that are fixed from time to time by the Institute for that member. 2.6.74 Procedure of committee, panel or body (1) The Chairperson must preside at a meeting of a committee, hearing panel or body established under this Part at which he or she is present. (2) If the Chairperson is not present at a meeting the members present may elect a member to preside at the meeting. (3) A question arising at a meeting is to be decided by a majority of votes and the person presiding at the meeting has a deliberative vote and a second or casting vote. (4) A majority of the members of the committee, hearing panel or body currently holding office constitutes a quorum. S. 2.6.74(5) amended by No. 27/2010 s. 56. (5) If a member of a hearing panel is unable to attend a meeting of the panel that is conducting a hearing or part of a hearing under Division 12, the remaining members of that hearing panel may continue to conduct the hearing or that part of the hearing if a quorum of members is present. (6) Subject to this Act a committee, hearing panel or body established under this Part may regulate its own proceedings. 2.6.75 Effect of vacancy or defect An act or decision of a committee, hearing panel or body established under this Part is not invalid only because— (a) of a vacancy in its membership; or (b) of a defect or irregularity in the appointment of any of its members. 2.6.76 Immunity S. 2.6.76(1) amended by No. 27/2010 s. 57. (1) A member of the Council or a hearing panel or a person responsible for keeping the register is not personally liable for anything done or omitted to be done in good faith— (a) in the exercise of a power or the discharge of a duty under this Act; or (b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act. (2) Any liability resulting from an act or omission that would but for subsection (1), attach to a member of the Council or panel or the person responsible for keeping the register, attaches instead to the Institute. Division 17—The Council—Finances 2.6.77 Fees (1) The Minister, after calling for and considering recommendations from the Institute, may, by Order, fix any fee that is required or permitted to be fixed under this Part. S. 2.6.77(1A) inserted by No. 42/2016 s. 9. (1A) Despite subsection (1), the Minister is not required to call for and consider recommendations from the Institute in fixing a fee for an application under section 2.6.60B. (2) In the case of any fee which the Minister is empowered to fix— (a) the Minister must fix the fee for a period of 12 months and may amend or vary the fee at the end of that period; and (b) the Minister may fix a different fee for a different case and may allow for the reduction, waiver or refund, in whole or in part, of any fee; and (c) the Minister must ensure that any fee fixed under this section is published in a newspaper circulating generally throughout Victoria and in the Government Gazette. S. 2.6.77(3) inserted by No. 28/2010 s. 13. (3) Despite subsection (2)(a), if the period for which the fee is payable is less than 12 months, it must be calculated on a pro rata basis to the nearest month. S. 2.6.77A inserted by No. 19/2014 s. 83. 2.6.77A Fixing of fees for second registrations (1) A fee fixed in respect of an application for a second registration must be fixed at no more than 25% of the application fee fixed under section 2.6.7(2)(b)(iii) or 2.6.12A(2)(b)(iii), as the case requires. (2) A fee fixed in respect of an application for renewal of a second registration must be fixed at no more than 25% of the renewal fee fixed under section 2.6.18(1)(b)(iii). (3) An annual registration fee fixed in respect of a second registration must be no more than 25% of the annual fee fixed under section 2.6.21(1). ***application for a second registration*** means— (a) an application under section 2.6.12A made by a teacher registered under Division 3; or (b) an application under section 2.6.7 made by a registered early childhood teacher; or (c) an application under section 2.6.12A made at the same time as an application under section 2.6.7; ***second registration*** means— (a) registration under Division 3 or 3A, whichever was granted later; or (b) if the person is registered under Division 3A and has been granted permission to teach, the permission to teach. 2.6.78 Victorian Institute of Teaching Fund (1) The Institute must continue to maintain the Fund known as the Victorian Institute of Teaching Fund. (a) any investment income received by the Institute; and (b) the proceeds of the sale of any investment made by the Institute; and (c) any other money received by the Institute. (3) There must be paid out of the Fund any payment that is authorised by the Institute 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 Institute. (4) The Institute may invest money in the Fund— (a) in any manner in which a trustee may invest trust funds under the **Trustee Act 1958**; or (b) in any other manner approved by the Minister. Division 18—Colleges 2.6.79 Establishment of Colleges (1) The Institute may by Order published in the Government Gazette— (a) establish a College for promoting particular domains of practice within the teaching profession; and (b) appoint a governing board of the College to govern the College. (2) The College and the governing board of the College have the functions and powers conferred on them that are declared by the Order under subsection (1). (3) The Order under subsection (1) must contain a charter for the College that sets out— (a) the name of the College; (b) the domain of practice to be recognised by the College; (c) the purposes and functions of the College; (d) the governance and funding arrangements for the College; (e) any powers of the Institute under the Act which are to be delegated to the members of the governing board of the College; (f) the reporting and operational relationship between the College and the Institute; (g) the terms of office of the governing board of the College. (4) The Institute may, after consultation with the governing board of the College and in accordance with the charter for the College by Order published in the Government Gazette alter any matter or thing that has been established by or under the charter of the College. (5) Despite subsection (1), the Institute must not establish a College for promoting the practice of Principals except with the written approval of the Minister. Pt 2.6A (Heading and ss 2.6A.1–2.6A.11) inserted by No. 32/2021 s. 4. Part 2.6A—Victorian Academy of Teaching and Leadership S. 2.6A.1 inserted by No. 32/2021 s. 4. 2.6A.1 Definitions ***Academy*** means the Victorian Academy of Teaching and Leadership established under section 2.6A.2; ***early childhood teacher*** has the meaning given by section 2.6.1; ***teacher*** has the meaning given by section 2.6.1. S. 2.6A.2 inserted by No. 32/2021 s. 4. 2.6A.2 Establishment of the Academy (1) The Victorian Academy of Teaching and Leadership is established. (2) The Academy— (d) may acquire, hold, use and dispose of real, intellectual and personal property (other than an estate in fee simple); and S. 2.6A.3 inserted by No. 32/2021 s. 4. 2.6A.3 Common seal (1) The common seal of the Academy— (a) must be kept in custody as directed by the Academy; and (b) must not be used except as authorised by the Academy. (2) All courts must take judicial notice of the common seal of the Academy affixed to a document and, until the contrary is proved, must presume that it was duly affixed. S. 2.6A.4 inserted by No. 32/2021 s. 4. 2.6A.4 Objectives of the Academy The objectives of the Academy are— (a) to improve outcomes for school students through the provision of specialised teaching and leadership excellence programs for exceptional teachers and school leaders; and (b) to increase equity of access to professional learning to lift the quality of teaching across Victoria; and (c) to provide a dedicated pathway for established exceptional teachers to contribute to school and system improvement; and (d) to improve the quality of school leadership; and (e) to raise public awareness of the capability and status of school leaders and teachers in the science and practice of teaching. S. 2.6A.5 inserted by No. 32/2021 s. 4. 2.6A.5 Functions of the Academy (1) The functions of the Academy are— (a) to provide advice to the Minister and the Department in relation to— (i) school leadership; and (ii) teaching and professional practice; and (iii) professional learning; and (b) to design and provide accredited and non‑accredited professional learning programs for school leaders and teachers including specialised teaching and leadership excellence programs; and (c) to develop and publish guidance materials and resources for use by providers of professional learning programs; and (d) to evaluate the effectiveness and impact of the Academy's professional learning programs, including in relation to teaching practice and outcomes for students; and (e) to work collaboratively with schools, community organisations, universities, post-compulsory education and training providers, professional associations and providers of professional learning programs to— (i) identify the needs of the teaching profession; and (ii) support and improve the delivery of the Academy's professional learning programs including its specialised teaching and leadership excellence programs; and (f) to improve public confidence in the teaching profession and schools in Victoria through the promotion of the use of evidence-informed practice amongst school leaders and teachers; and (g) any other function conferred on or delegated to the Academy by or under this or any other Act. (2) For the purposes of subsection (1)(a), the Academy may advise the Minister or the Department on the Academy's own initiative or at the request of the Minister or the Department (as the case requires). S. 2.6A.6 inserted by No. 32/2021 s. 4. 2.6A.6 Powers of the Academy (1) The Academy has power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, meeting its objectives or the performance of its functions including any function delegated to it. (2) Without limiting subsection (1), the Academy may— (a) enter into a joint venture with any other person or persons; and (b) apply for, use, obtain, hold and dispose of, whether on its own behalf or jointly with any other person, any intellectual property rights; and (c) assign or grant licences in respect of intellectual property rights, with or without charge; and (d) enter into licences for the use of real property; and (e) enter into contracts, agreements or arrangements, including for the commercial exploitation of intellectual property rights; and (f) supply and sell goods and services on a commercial basis; and (g) conduct research; and (h) charge a fee for services provided by the Academy. (3) The Academy, in the performance of its functions, may exercise its powers within or outside Victoria. (4) This section does not limit any other power given to the Academy by any other provision of this Act. S. 2.6A.7 inserted by No. 32/2021 s. 4. 2.6A.7 Board of the Academy (1) The Academy is to be governed by a Board of the Academy. (2) The Board of the Academy— (a) is responsible for the management of the affairs of the Academy; and (b) may exercise any of the powers or functions of the Academy. (3) The Board of the Academy consists of 7 members of whom— (a) one is to be appointed as Chairperson by the Governor in Council on the recommendation of the Minister; and (b) one is to be the Secretary or nominee of the Secretary; and (c) one is to be a representative of ISV appointed by the Governor in Council; and S. 2.6A.7(3)(d) amended by No. 2/2025 s. 13(1). (d) one is to be a representative of the Victorian Catholic Education Authority appointed by the Governor in Council; and (e) the remaining members are to be appointed by the Governor in Council. (4) In recommending persons for appointment to the Board of the Academy, the Minister must be satisfied that— (a) the persons recommended possess the skills, qualifications and experience that are relevant to enable the Academy to perform its functions; and (b) the persons recommended include persons who have experience in the following areas— (i) education, including a range of school education settings and sectors, vocational education and training, adult, community and further education and higher education; (ii) education leadership; (iii) management; (iv) finance; (v) law; (vi) corporate governance; and (c) the composition of the Board is a fair and balanced reflection of the diversity of the Victorian community. S. 2.6A.7(5) amended by No. 2/2025 s. 13(2). (5) A member of the Board of the Academy may resign from office by written notice, signed by the member and given to the Minister. (6) The Governor in Council may at any time remove a member from office. S. 2.6A.8 inserted by No. 32/2021 s. 4. 2.6A.8 Establishment of committees (1) The Board of the Academy may from time to time, by instrument in writing, establish a committee— (a) to assist the Academy in the performance of its functions; or (b) to advise the Academy on matters relating to the performance of the Academy's functions; or (c) to exercise any of the powers or functions of the Academy that are delegated to the committee by the Board. (2) The Board of the Academy may, to facilitate the Academy's functions, appoint members to the committee including any person who is not a member of the Board. (3) The Board of the Academy may make any provision with respect to the terms and conditions of appointment of members of a committee as the Board thinks fit. (4) A member of a committee (other than a person referred to in subsection (5)) is entitled to receive the remuneration, fees and personal and travelling expenses that are fixed from time to time by the Board of the Academy. S. 2.6A.8(5) amended by No. 7/2024 s. 10. (5) Subsection (4) does not apply to a member of a committee who holds a full-time Government office, or a full-time position in the public service, teaching service, government ELC workforce or with a statutory authority (other than a university). (6) A committee may permit its members to participate in a particular meeting, or all meetings, by telephone, closed circuit television or other means of communication. (7) The Board of the Academy may dissolve a committee if the Board determines that the committee is no longer required. S. 2.6A.9 inserted by No. 32/2021 s. 4. 2.6A.9 Provision and publication of advice by Academy The Academy may publish advice provided under this Part, on its own initiative or at the request of the Minister or the Department, for the following purposes— (a) the performance of its functions; (b) a prescribed purpose; (c) a purpose set out in a Ministerial Order. S. 2.6A.10 inserted by No. 32/2021 s. 4. 2.6A.10 Fees charged by the Academy (1) The amount of any fee charged by the Academy under this Part must be paid into the Consolidated Fund. (2) The Academy may waive or refund any fee charged under this Part if the Academy is satisfied that it is appropriate to do so. S. 2.6A.11 inserted by No. 32/2021 s. 4. 2.6A.11 Schedule 2 Pt 2.7 (Heading and ss 2.7.1–2.7.13) inserted by No. 1/2015 s. 4. Part 2.7—State funding for non‑Government schools **Division 1—Preliminary** S. 2.7.1 inserted by No. 1/2015 s. 4. 2.7.1 Intent of Part The intent of this Part is to establish a transparent mechanism for State funding of non-Government schools for the purpose of meeting student needs. Non-Government schools are required to be registered under Part 4.3 and must meet the prescribed minimum standards for registration. One of the minimum standards for registration is that a school must be a not-for-profit school. S. 2.7.2 inserted by No. 1/2015 s. 4. 2.7.2 Government school recurrent funding (1) For the purposes of this Part— ***Government school recurrent funding*** means funding provided by the State out of money appropriated by Parliament that directly supports the teaching, learning and welfare of students attending Government schools. (2) Without limiting subsection (1), ***Government school recurrent funding*** includes— (a) any funding specified in the regulations to be Government school recurrent funding for the purposes of this Part; and (b) any funding specified by the Minister to be Government school recurrent funding for the purposes of this Part, after taking into account any advice of the School Policy and Funding Advisory Council. (3) However, ***Government school recurrent funding*** does not include any of the following— (a) funding for programs or initiatives provided to both Government and non-Government schools; (b) early childhood development funding; (c) higher education funding; (d) funding provided to schools referred to in Schedule 10; (e) payroll tax; (f) capital property items (such as capital asset charges and depreciation); (g) any funding from the Commonwealth passed on to Government schools by the State; (h) any funding specified in the regulations not to be Government school recurrent funding for the purposes of this Part; (i) any funding specified by the Minister not to be Government school recurrent funding for the purposes of this Part, after taking into account any advice of the School Policy and Funding Advisory Council. Division 2—Funding for non‑Government schools S. 2.7.3 inserted by No. 1/2015 s. 4. 2.7.3 Minister may provide funding to non-Government schools The Minister may provide funding to non‑Government schools. S. 2.7.4 inserted by No. 1/2015 s. 4. 2.7.4 Minimum amount of funding for non-Government schools (1) The total amount of funding provided under this Part for a calendar year must not be less than the amount calculated in accordance with the formula— ![]() where— A is the amount of Government school recurrent funding for the financial year commencing on 1 July in the previous calendar year; B is the number of students enrolled in Government schools (other than in a school referred to in Schedule 10), as counted in the Government school census for the previous year; C is the number of students enrolled in non-Government schools, as counted in the non-Government school census for the previous year. ***Government school census*** means the Student Enrolment Census conducted by the Department as part of the February School Census Collection in February each year; ***non-Government school census*** means information about non-Government schools provided by approved authorities in August each year under section 77 of the Australian Education Act 2013 of the Commonwealth. S. 2.7.5 inserted by No. 1/2015 s. 4, amended by No. 2/2025 s. 14. 2.7.5 Payment of funding Any funding under this Part may be paid directly to the non-Government school or to an organisation (such as the Victorian Catholic Education Authority or ISV) for the benefit of the non‑Government school. S. 2.7.6 inserted by No. 1/2015 s. 4. 2.7.6 Minister may have regard to needs of schools and students (1) The Minister may have regard to the needs of non‑Government schools and students attending non-Government schools when providing funding under this Part. (2) In having regard to the needs of non-Government schools and students attending non-Government schools, the Minister must take into account any advice provided by the School Policy and Funding Advisory Council. (3) Nothing in this Part requires the Minister to provide the same amount of funding to each non‑Government school on a per student basis, or to calculate the amount of funding based on the same percentage per student for each non‑Government school. S. 2.7.7 inserted by No. 1/2015 s. 4. 2.7.7 Conditions of funding (1) The Minister— (a) may impose any reasonable conditions on the provision of funding under this Part; and (b) may require a non-Government school or an organisation referred to in section 2.7.5 to enter an agreement under section 5.2.11. (2) In determining whether to impose a condition, the Minister must take into account any advice provided by the School Policy and Funding Advisory Council. S. 2.7.8 inserted by No. 1/2015 s. 4. 2.7.8 Accountability and reporting (1) The Minister may require a non-Government school or an organisation referred to in section 2.7.5 to which funding has been provided under this Part to give the Minister a report as to the application of the funding. (2) In determining whether to request a report, the Minister must take into account any advice provided by the School Policy and Funding Advisory Council. **Division 3—School Policy and Funding Advisory Council** S. 2.7.9 inserted by No. 1/2015 s. 4. 2.7.9 Establishment The School Policy and Funding Advisory Council is established. S. 2.7.10 inserted by No. 1/2015 s. 4. 2.7.10 Function The function of the School Policy and Funding Advisory Council is to advise the Minister about regulatory, policy and funding issues that affect Government schools and non-Government schools. S. 2.7.11 inserted by No. 1/2015 s. 4. 2.7.11 Membership (1) The School Policy and Funding Advisory Council consists of the following members, appointed by the Minister— (a) the Secretary of the Department, who is to be the Chairperson of the Council; S. 2.7.11(1)(b) amended by No. 2/2025 s. 15. (b) a representative of the Victorian Catholic Education Authority; (c) a representative of ISV; (d) a representative of Government schools, who is employed in the Department. (2) The Minister, from time to time, may appoint any other person as a member of the School Policy and Funding Advisory Council who, in the Minister's opinion, has the necessary expertise to contribute to its function. S. 2.7.12 inserted by No. 1/2015 s. 4. 2.7.12 Further provisions for School Policy and Funding Advisory Council The Minister, by Order, may make any further provisions in relation to the School Policy and Funding Advisory Council. Division 4—Review of Part S. 2.7.13 inserted by No. 1/2015 s. 4. 2.7.13 Review of Part The Minister, in consultation with the School Policy and Funding Advisory Council, must review the operation of this Part in 2018. Ch. 2 Pt 2.8 (Heading and ss 2.8.1–2.8.3) inserted by No. 42/2016 s. 10. Part 2.8—Debt recovery arrangements relating to Commonwealth funding for schools S. 2.8.1 inserted by No. 42/2016 s. 10. 2.8.1 Definitions ***approved authority*** has the same meaning as in section 6 of the Commonwealth Act; ***block grant authority*** has the same meaning as in section 6 of the Commonwealth Act; ***Commonwealth Act*** means the Australian Education Act 2013 of the Commonwealth; ***Commonwealth Minister*** means the Minister administering the Commonwealth Act; ***non-government representative body*** has the same meaning as in section 6 of the Commonwealth Act. S. 2.8.2 inserted by No. 42/2016 s. 10. 2.8.2 Debt recovery arrangements relating to Commonwealth funding for schools (1) If, in accordance with the Commonwealth Act, the State has paid, or pays, financial assistance to any approved authority, block grant authority or non‑government representative body for a school, the payment of that financial assistance is taken to be an arrangement between the authority or body (as the case requires) and the State in relation to that payment by virtue of this section. S. 2.8.2(2) amended by No. 31/2018 s. 65(3)(a). (2) It is a term of an arrangement referred to in subsection (1) that if— S. 2.8.2(2)(a) amended by No. 31/2018 s. 65(3)(b). (a) the Commonwealth Minister makes a determination under section 110(1)(a) of the Commonwealth Act that the State must pay a specified amount; and (b) the Commonwealth Minister makes that determination as a result of— (i) non-compliance or a breach by the authority or body mentioned in section 108 of the Commonwealth Act; or (ii) a payment mentioned in section 109(1), (2), (3)(a) or (4) of the Commonwealth Act that was paid to the State for the authority or body— the amount specified by the Commonwealth Minister in the determination is taken to be a debt due by the authority or body (as the case requires) to the State and may be recovered by the State in a court of competent jurisdiction. (3) A debt due by an authority or body to the State under subsection (2) is payable within 7 days after the date of the determination referred to in that subsection. (4) If a debt is due by an authority or body to the State under subsection (2) in relation to financial assistance for a school and the approval of the authority or body under Division 2 of Part 6 of the Commonwealth Act is no longer in force in relation to that school, the State may recover the debt from the person who held the approval immediately before it ceased to exist. (5) If a debt is due by an authority or body to the State under subsection (2), the State may assign to the Commonwealth the right to recover the debt. S. 2.8.3 inserted by No. 42/2016 s. 10. 2.8.3 Debt enforceable despite certain circumstances A debt due by an authority or body to the State under section 2.8.2(2) is enforceable whether or not— (a) any school operated by the authority or body remains open; or (b) the authority or body has been, or is being, compulsorily wound up; or (c) the determination referred to in section 2.8.2(2) was made before the commencement of this Part; or (d) the financial assistance referred to in section 2.8.2(1) was spent by the authority or body before— (i) the determination referred to in section 2.8.2(2) was made; or (ii) the commencement of this Part. Ch. 2A (Headings and ss 2A.1.1–2A.2.2) inserted by No. 7/2024 s. 11. Chapter 2A—Early childhood education and care Pt 2A.1 (Headings and ss 2A.1.1–2A.1.17) inserted by No. 7/2024 s. 11. Part 2A.1—Government ELC workforce S. 2A.1.1 inserted by No. 7/2024 s. 11. 2A.1.1 Definitions ***casual employee*** means a person employed on a casual basis in the government ELC workforce; ***employee*** means an on-going employee, a casual employee or a fixed term employee in the government ELC workforce; ***executive class employee*** means a person employed in the government ELC workforce as an executive; ***fixed term employee*** means a person employed on a fixed term basis in the government ELC workforce; ***non-executive employee*** means a person employed in the government ELC workforce who is not an executive class employee; ***on-going employee*** means a person employed in the government ELC workforce with no date fixed for the termination of that employment. S. 2A.1.2 inserted by No. 7/2024 s. 11. 2A.1.2 Application of Public Administration Act 2004 (1) The **Public Administration Act 2004** applies in respect of the government ELC workforce as if, under that Act— (a) the government ELC workforce is a "public sector body" and part of the "public sector"; and (b) the Secretary, in the Secretary's capacity as the employer of the government ELC workforce, is the "public sector body Head" of the government ELC workforce; and (c) an employee is a "public sector employee" and a "public official". (2) Despite anything to the contrary in the **Public Administration Act 2004**, the government ELC workforce is not a "public entity" under that Act. Division 2—Employment in government ELC workforce S. 2A.1.3 inserted by No. 7/2024 s. 11. 2A.1.3 Application of Federal awards and agreements Employment in the government ELC workforce under this Part is subject to any relevant award or agreement under, or continued in force by, a law of the Commonwealth. S. 2A.1.4 inserted by No. 7/2024 s. 11. 2A.1.4 Secretary may employ persons in government ELC workforce (1) The Secretary may employ any persons that are necessary to operate government early learning centres. (2) The Secretary, on behalf of the Crown, has all the rights, powers, authorities and duties of an employer in respect of employees in the government ELC workforce. S. 2A.1.5 inserted by No. 7/2024 s. 11. 2A.1.5 Minister may declare employment arrangements The Minister may declare by Ministerial Order— (a) the categories of staff who may be employed by the Secretary under section 2A.1.4(1); and (b) the terms and conditions of employment in the government ELC workforce, including salaries, wages and allowances; and (c) position classifications and duties of persons employed in the government ELC workforce; and (d) the eligibility and suitability criteria for employment in the government ELC workforce; and (e) the qualifications or experience necessary for appointment, transfer or promotion to any position, class or grade in the government ELC workforce; and (f) the processes for the recruitment and selection of persons employed in the government ELC workforce; and (g) conduct requirements and processes for the discipline and management of unsatisfactory performance of persons employed in the government ELC workforce; and (h) grounds for the termination of employment in the government ELC workforce; and (i) any other matter necessary to provide for the employment of persons in the government ELC workforce. S. 2A.1.6 inserted by No. 7/2024 s. 11. 2A.1.6 Eligibility for employment in government ELC workforce (1) A person is not eligible for employment in any position in the government ELC workforce unless the person satisfies the eligibility criteria set out in any Ministerial Order. (2) A person is not eligible for employment in any position in the government ELC workforce if the person has— (a) at any time been convicted or found guilty of a category A offence in Victoria or an equivalent offence in another jurisdiction; or (b) been given a WWC exclusion. (3) A person is not eligible for employment as an early childhood teacher in the government ELC workforce unless the person is registered under Part 2.6. S. 2A.1.7 inserted by No. 7/2024 s. 11. 2A.1.7 Restriction on employees doing other work (1) Except with the express written permission of the Secretary, a full-time employee must not— (a) engage in any other paid employment; or (b) carry on any business, profession or trade. (2) Permission given to an employee under subsection (1) may be withdrawn by notice in writing given to the employee by the Secretary. (3) A part-time employee must not engage in any other paid employment or carry on any business, profession or trade that, in the opinion of the Secretary, conflicts with the proper performance of the employee's duties. (4) Nothing in this section prevents an employee from— (a) holding shares, or an interest in shares, in a company (within the meaning of the Corporations Act); or (b) becoming a member of an incorporated association within the meaning of the **Associations Incorporation Reform Act 2012**. S. 2A.1.8 inserted by No. 7/2024 s. 11. 2A.1.8 Medical examination (1) For the purpose of ascertaining the fitness of an employee— (a) to perform the employee's duties; or (b) to participate in any procedures under this Act relating to the employee— the Secretary may direct the employee to submit to a medical examination by a qualified medical practitioner nominated by the Secretary. (2) An employee must comply with a direction made under subsection (1). Division 3—Certain employee entitlements S. 2A.1.9 inserted by No. 7/2024 s. 11. 2A.1.9 Long service leave (1) An employee who has served for 10 years is entitled, in accordance with any Ministerial Order, to— (a) 3 months' long service leave with pay in respect of that period of 10 years' service; and (b) one and a half months' long service leave with pay in respect of each additional period of 5 years of completed service. (2) Despite subsection (1), a Ministerial Order may provide that an employee who has served for any period less than 10 years is entitled to be granted the long service leave with pay specified by the Ministerial Order in respect of that period of service. (3) If an employee is entitled to a period of long service leave with pay, the Secretary, at the request of the employee, may allow the employee to take the whole or any part of the long service leave at half pay for a period equal to twice the whole or part, as the case may be, of the period to which the employee is so entitled. (4) If— (a) on account of age or ill-health an employee resigns, retires or has their services terminated; or (b) an employee dies— that employee is in accordance with a Ministerial Order entitled, or (in the case of death) is taken to have been entitled, to be granted by the Secretary— (c) if the period of service is not less than 4 years but less than 10 years, then in respect of the period of service; or (d) if the period of service is more than 10 years, then (in addition to any entitlement under subsection (1)) in respect of any part of the period of service which does not give rise to any entitlement under subsection (1)— an amount of long service leave with pay that equals one-fortieth of the period of service. (5) The Secretary has discretion as to the time of granting any leave under this section so that the government ELC workforce will not be unduly affected by the granting of the leave to numbers of employees at or about the same time. (6) If on account of age or ill-health an employee retires or has their services terminated, that employee, by notice in writing to the Secretary, may elect to take pay in lieu of the whole or any part of the leave to which the employee is then entitled and the Secretary must grant the employee pay instead of leave accordingly. (7) If an employee entitled to long service leave or to pay in lieu of long service leave dies before or while taking the leave or (as the case may be) before the pay in lieu is paid the Secretary must to the extent that pay instead of leave has not already been paid to that employee grant pay instead of leave of the whole or part of the leave not taken or (as the case may be) grant the pay instead of leave to the legal personal representative of the deceased employee. (8) For the purposes of this section and section 2A.1.10, any person holding Government office or an office in the service of a prescribed public statutory body which upon a recommendation of the Minister is certified by Order of the Governor in Council to be an office substantially similar to a position in the government ELC workforce is taken to be an on-going employee in the government ELC workforce. (9) A person may be taken to be an employee in the government ELC workforce under subsection (8) despite that by virtue of any enactment (whether passed before or after this subsection becomes law) the person, as the holder of a Government office or office in the service of a public statutory body (as the case may be), is not subject to this Act. (10) The nature of the service and the computation of the period of service which entitled employees to be granted long service leave and the method of computing pay under this section is to be as specified in a Ministerial Order and, without affecting the generality of the foregoing, the Ministerial Order may provide that any service— (a) in any Government office (whether an office in the Government of Victoria or of another State or of the Commonwealth); or (b) with any specified authority, institution or similar body, whether in Victoria or elsewhere— is, or is in certain circumstances, to be taken into account entirely or to a certain extent in computing the period of service. (11) In the computation of the period of long service leave or pay in lieu of leave to which an employee is entitled under this section there must be taken into account any long service leave or pay instead of leave already granted to the employee. (12) For the purposes of this section, the services of an employee are taken to be terminated— (a) on account of age, if on or after attaining the age of 55 years the employee ceases to be an employee; or (b) on account of ill-health, if the employee produces to the Secretary satisfactory evidence that ceasing to be an employee is due to ill-health that is likely to be permanent. S. 2A.1.10 inserted by No. 7/2024 s. 11. 2A.1.10 Payment instead of long service leave (1) Despite anything in section 2A.1.9, if— (a) an on-going employee with service amounting to not less than 10 years resigns or is dismissed or has the employee's services dispensed with; or (b) a casual employee or a fixed term employee with service amounting to not less than 10 years resigns or for any reason other than age or ill-health has the employee's service terminated— the Secretary, on the written application of the employee must, in lieu of long service leave with pay, grant the payment to the employee of a sum calculated by the Secretary in accordance with the Ministerial Order. (2) If the Ministerial Order does not provide for a calculation for the purposes of this section, the Secretary must pay a sum calculated by the Secretary which must not in such a case exceed a sum representing pay for service equal to one‑fortieth of the period of service. (3) No payment under subsection (1) is to be made for any part of the period of service in respect of which long service leave with pay or pay in lieu of leave has been taken by the employee. S. 2A.1.11 inserted by No. 7/2024 s. 11. 2A.1.11 Transfers to government ELC workforce from teaching service or public service A person who is transferred or promoted from employment under Part 2.4 or in the public service to a position in the government ELC workforce is taken to have the designation in the government ELC workforce corresponding to that of the position the person had in the teaching service or the public service (as the case requires) that the Secretary determines to be appropriate to the person's duties as an employee in the government ELC workforce. S. 2A.1.12 inserted by No. 7/2024 s. 11. 2A.1.12 Certain rights of transferred employees preserved (1) If a person is employed in the government ELC workforce, and, immediately before that employment, the person was employed under Part 2.4 or in the public service, the person preserves or retains the rights specified in subsection (2) to which the person would have been entitled if the person had remained employed under Part 2.4 or in the public service (as the case requires) and had not been employed in the government ELC workforce under this Part. (2) For the purposes of subsection (1), the rights are— (a) rights in respect of leave on the ground of illness; and (b) rights in respect of long service leave or pay in lieu of long service leave (including pay to dependents on the death of the employee). Division 4—Termination and suspension of employment S. 2A.1.13 inserted by No. 7/2024 s. 11. 2A.1.13 Termination of employment (1) The Secretary may terminate the employment of a non-executive employee— (a) on the ground of redundancy; or (b) if the employee is found guilty of a criminal offence punishable by imprisonment, including an offence committed before, but not dealt with until after, the employee became an employee; or (c) on the ground of serious misconduct; or (d) if the Secretary is satisfied that the employee is inefficient or incompetent in the discharge of the employee's duties; or (e) if the Secretary is satisfied that the employee has, in connection with the employee's application for employment, given false or misleading information; or (f) for any other reason consistent with the terms and conditions of the employee's employment. (2) The Secretary may terminate the employment of an executive class employee for any reason consistent with the terms and conditions of the employee's contract of employment. (3) Subsections (1) and (2) do not limit or affect any other means of terminating the employee's employment. (4) A power under subsection (1) or (2) must be exercised in conformity with the matters specified in section 20(3) of the **Public Administration Act 2004**. S. 2A.1.14 inserted by No. 7/2024 s. 11. 2A.1.14 Absence from duty (1) An on-going employee who is absent from duty for a period of 3 months otherwise than on leave granted under this or any other Act or in accordance with any relevant Ministerial Order ceases to be an employee in the government ELC workforce at the end of that 3 month period. (2) A person who ceases to be an employee under subsection (1) may apply in writing to the Secretary to be reinstated. (3) If the Secretary directs in writing that the person be reinstated, the person's employment is taken not to have ceased under subsection (1). S. 2A.1.15 inserted by No. 7/2024 s. 11. 2A.1.15 Dismissal after conviction, finding of guilt or WWC exclusion The Secretary must dismiss an employee from the government ELC workforce if the employee has— (a) at any time been convicted or found guilty of a category A offence in Victoria or an equivalent offence in another jurisdiction; or (b) been given a WWC exclusion. S. 2A.1.16 inserted by No. 7/2024 s. 11. 2A.1.16 Suspension and dismissal of unregistered teachers (1) This section applies to an employee who is required to be registered as an early childhood teacher under Part 2.6. (2) If the employee is refused registration under Part 2.6 or has had the employee's registration suspended or cancelled under that Part, the Secretary may suspend the employee without pay from duty in the government ELC workforce for the period that the employee's registration is refused, suspended or cancelled. (3) A suspension under subsection (2) continues at the Secretary's discretion until— (a) the employee is registered under Part 2.6; or (b) the employee is dismissed from, or otherwise ceases to be an employee of, the government ELC workforce. (4) If an employee— (a) is refused registration under Part 2.6 or has had the employee's registration under that Part suspended or cancelled; and (b) remains unregistered for a continuous period of 12 months— the employment of that person ceases, by force of this subsection, at the end of that 12 month period. (5) The Secretary must notify in writing a person whose employment has ceased under subsection (4). (6) A person who ceases to be an employee under subsection (4) may apply in writing to the Secretary to be reinstated. (7) If the Secretary directs in writing that the person be reinstated, the person's employment is taken not to have ceased under subsection (4). S. 2A.1.17 inserted by No. 7/2024 s. 11. 2A.1.17 No claim for compensation An employee is not entitled to any compensation as a result of— (a) the termination of the employee's employment; or (b) the employee's remuneration being reduced— in accordance with this Act or a Ministerial Order. Pt 2A.2 (Headings and ss 2A.2.1, 2A.2.2) inserted by No. 7/2024 s. 11. Part 2A.2—Government early learning centres Division 1—Operation of government early learning centres S. 2A.2.1 inserted by No. 7/2024 s. 11. 2A.2.1 Secretary may designate government early learning centre (1) Subject to subsection (2), the Secretary may designate, by notice published in the Government Gazette, a premises to be a government early learning centre. (2) The premises must be a place— (a) that is, or is proposed to be, an education and care service premises; and (b) at which early childhood education and care is, or is proposed to be, provided by or on behalf of the State. Division 2—Fees S. 2A.2.2 inserted by No. 7/2024 s. 11. 2A.2.2 Fees for services and other matters at government learning centres (1) The Minister may make an Order for or with respect to any matter that relates to the payment of fees for services provided at government early learning centres, including— (a) the amount of any fee payable for the services, including— (i) enrolment fees; and (ii) administration fees; and (iii) fees for the late collection of children; and (b) the reduction or waiver of a fee; and (c) the refund of a fee, whether in whole or in part; and (d) the period to which a fee relates; and (e) the person or entity to whom a fee is to be paid. (2) The parent of a child enrolled in an education and care service at a government early learning centre must pay the fees specified in a Ministerial Order under subsection (1). (3) The Secretary, in accordance with any Ministerial Order, may arrange for the provision of any goods, ancillary service or other thing to a child at a government early learning centre where the parent agrees to and pays for the provision of the goods, ancillary service or other thing. Chapter 3—Post school education and training Part 3.1—Vocational education and training Ch. 3 Pt 3.1 Div. 1 (Heading and ss 3.1.1–3.1.10) amended by Nos 80/2006 s. 26(Sch. item 30.3), 58/2007 ss 12, 13, 71/2010 ss 51–53, 39/2012 s. 37, repealed by No. 73/2012 s. 4. New Ch. 3 Pt 3.1 Div. 1 (Heading and ss 3.1.1–3.1.7) inserted by No. 73/2012 s. 10. Division 1—Government funded vocational education and training New s. 3.1.1 inserted by No. 73/2012 s. 10. 3.1.1 Application of Division (1) In this Division, ***contractor*** means an RTO that has entered into a VET funding contract with the Secretary in relation to the provision by the RTO of vocational education and training that is funded wholly or partially by the State. (2) In this Division, a reference to an RTO includes a reference to a vocational education and training organisation registered under section 17 of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth that is operating in Victoria. New s. 3.1.2 inserted by No. 73/2012 s. 10. 3.1.2 VET funding (1) The Secretary may— (a) make payments to RTOs that provide or intend to provide vocational education and training on any terms and conditions the Secretary thinks fit; and (b) enter into a VET funding contract with an RTO in relation to the provision by the RTO of vocational education and training that is funded wholly or partially by the State; and (c) make payments to a local learning and employment network in accordance with a performance management agreement with the committee of management of the network; and (d) make payments by way of grants, subsidies or loans in relation to vocational education and training to any person, organisation or institution, whether public or private, on any terms or conditions that the Secretary thinks fit. (2) The Secretary may apply money for or towards the costs of or incidental to the performance of his or her functions and the exercise of his or her powers under this Division. New s. 3.1.3 inserted by No. 73/2012 s. 10. 3.1.3 Provisions in VET funding contracts A VET funding contract may provide for or with respect to any of the following— (a) the terms and conditions under which the State will fund vocational education and training programs, services and facilities to be provided by the contractor; (b) that the contractor agrees to deliver vocational education and training programs, services and facilities as part of the government vocational education and training system; (c) the terms and conditions under which the contractor will provide vocational education and training programs, services and facilities as part of the government vocational education and training system; (d) the vocational education and training programs, services and facilities the contractor will provide as part of the government vocational education and training system to government-subsidised vocational education and training students; (e) the performance requirements of vocational education and training programs, services and facilities, including performance requirements, that are to be provided by the contractor and the means by which those performance requirements are to be measured; (f) the terms and conditions under which funding is to be paid by the State to the contractor for providing government‑subsidised vocational education and training; (g) the manner in which the contractor may earn other revenue associated with the delivery of government-subsidised vocational education and training, including the charging of fees to government-subsidised vocational education and training students; (h) the fees, scales of fees or maximum or minimum fees that may be charged to government-subsidised vocational education and training students; (i) the matters in respect of which an order for specific performance may be sought in addition to any other remedy under the contract or this Act; (j) performance requirements for government‑subsidised vocational education and training provided to government-subsidised vocational education and training students belonging to a class of government-subsidised vocational education and training students who are not parties to the contract where that class of students is expressly specified or referred to in the contract as a class of students to which the contract extends; (k) monetary amounts to be paid to the State by the contractor— (i) for a breach of contract; (ii) for a failure (not being a breach of contract) to meet a performance requirement or standard specified in the contract; (iii) on the termination of the contract; (l) the recovery from the contractor by the State of fixed monetary amounts referred to in paragraph (k) in accordance with the contract; (m) the variation of the contract; (n) the transfer, assignment, subcontracting or other dealing with any right, power or duty under the contract; (o) the manner in which the contract may be terminated; (p) rights of access granted to persons authorised by the Secretary for the purposes of monitoring compliance with the contract; (q) matters consequential on the termination of the contract; (r) any other matter required by this Act or the regulations to be specified in a contract; (s) any other matter for or with respect to which the Secretary considers that provision should be made in the public interest. New s. 3.1.4 inserted by No. 73/2012 s. 10. 3.1.4 Monetary amounts in VET funding contracts (1) This section applies if a VET funding contract expressly provides for the payment by a contractor to the State of a monetary amount fixed or determined in accordance with the contract— (a) for a breach of the contract; (b) for a failure (not being a breach of contract) to meet a performance requirement specified in the contract; (c) on the termination of the contract. (2) Despite anything to the contrary in a rule of, or principle at, common law relating to liquidated damages or penalties in respect of a breach of contract, the contractor may be required to pay the monetary amount in accordance with the provision of the VET funding contract. New s. 3.1.5 inserted by No. 73/2012 s. 10. 3.1.5 Specific performance (1) This section applies if a VET funding contract expressly provides that an order for specific performance may be sought by the Secretary for breach of the VET funding contract. (2) Despite anything to the contrary in a rule of, or principle at, common law or equity, a contractor may be required to provide specific performance for a breach of, or failure to comply with, the contract even though— (a) adequate damages may be available for the breach of contract; or (b) enforcement of the contract may require personal services to be provided. New s. 3.1.6 inserted by No. 73/2012 s. 10. 3.1.6 Requirements of VET funding contracts for the benefit of students (1) This section applies to a student if— (a) the student is of a class of students of government-subsidised vocational education and training that is expressly specified or referred to in a VET funding contract as a class of students to which the contract extends; and (b) the contract expressly provides that a performance requirement of the contract confers a benefit directly on that class of students; and (c) the student incurs a loss arising from a breach of, or failure to comply with, that performance requirement; and (d) the loss incurred by the student is a direct or foreseeable consequence of that breach or failure to comply. (2) If subsection (1) applies, the performance requirement of the VET funding contract is enforceable by the student in his or her name against the contractor who is a party to the contract even though the student is not named as a party to the contract. (3) A contractor who is a defendant to an action or proceeding in respect of a VET funding contract taken by a student referred to in subsection (1) has all the defences that would have been available to the contractor as a defendant had the student been named as a party to the contract. (4) In this section, ***performance requirement*** means a provision of a VET funding contract that specifies a performance requirement for vocational education and training that is expressed to be for the benefit of a class of students of government-subsidised vocational education and training. New s. 3.1.7 inserted by No. 73/2012 s. 10. 3.1.7 Right of entry to monitor VET funding contracts (1) This section applies if a VET funding contract expressly authorises a person authorised by the Secretary to enter and inspect a premises for the purpose of monitoring compliance with the contract. (2) For the purposes of monitoring compliance with the contract, the person authorised by the Secretary may enter and inspect the premises and make enquiries of the contractor or the staff of the contractor. (3) An authorised officer may only enter premises under subsection (2) during the times agreed to in the contract. Division 2—TAFE institutes S. 3.1.11 amended by No. 39/2012 s. 27, substituted by No. 73/2012 s. 17. 3.1.11 TAFE institutes and boards (a) create a TAFE institute; or (b) abolish a TAFE institute; or (c) amalgamate one or more TAFE institutes; or S. 3.1.11(1)(d) amended by No. 76/2013 s. 4. (d) if the council of a dual sector university approves, merge a TAFE institute with the university; or S. 3.1.11 (1)(da) inserted by No. 31/2018 s. 38(1), repealed by No. 32/2022 s. 5(1). (e) change the name of a TAFE institute. (2) An Order in Council under this section may— (a) establish a board to oversee and govern a TAFE institute; or (b) amalgamate the board of a TAFE institute with another board of a TAFE institute; or S. 3.1.11(2)(c) repealed by No. 32/2022 s. 5(1). (d) abolish the board of a TAFE institute; or (e) change the name of the board of a TAFE institute; or (f) make provision or further provision for or with respect to the constitution, management structure, membership, objectives, powers, duties or functions of a TAFE institute or the board of a TAFE institute or the manner of appointment or the terms and conditions of appointment of directors of the board of a TAFE institute; or S. 3.1.11(2)(fa) inserted by No. 69/2015 s. 4(1). (fa) make provision for— (i) the conduct of elections of members of staff of a TAFE institute including electoral systems and procedures, voting methods, voter and candidate eligibility and dispute resolution; and (ii) the training and support of elected directors of the board of a TAFE institute; or (g) make provision for the board of a TAFE institute to make rules for the governance of the institute; or (h) make provision for the board of a TAFE institute to delegate any of its powers and functions under this Act (except any powers delegated to it under this Act) to a person employed at the TAFE institute or to a committee established by or under an Order in Council relating to the board; or (i) amend any provision of a previous Order in Council or Ministerial Order made under this section relating to a TAFE institute or the board of a TAFE institute; or (j) make provision for or with respect to any matter of a consequential, transitional or savings nature consequent on the making of an Order in Council or Ministerial Order under this section including the rights, obligations and assignment of any property (subject to trusts), of any TAFE institute referred to in the Order. S. 3.1.11(3) amended by No. 69/2015 s. 4(2). (3) Without limiting the powers of the Governor in Council under this section, the Minister may also make Ministerial Orders for the purposes of subsection (2)(f), (fa), (g), (h), (i) or (j). (4) The Minister must not make a recommendation for an Order in Council under subsection (1) or (2) or make a Ministerial Order under subsection (3) unless— (a) in the case of an Order in Council made under subsection (1), the board (if any) of the TAFE institute or proposed TAFE institute concerned has made a request for the proposed Order in Council or has been consulted about the proposed Order in Council; S. 3.1.11(4)(b) amended by No. 32/2022 s. 5(2)(a). (b) in the case of an Order in Council or Ministerial Order made for the purposes of subsection (2), the board (if any) of the TAFE institute concerned has made a request for the proposed Order or has been consulted about the proposed Order. S. 3.1.11 (4)(c) amended by No. 31/2018 s. 38(2), repealed by No. 32/2022 s. 5(2)(b). (5) If an Order in Council made under this section changes the name of the board of a TAFE institute— (a) the board continues in existence under the new name so that its identity is not affected; and (b) in an Act, a subordinate instrument or in any other document, a reference to the board under the former name must, except in relation to matters that occurred before the change of name, be construed as a reference to the board under the new name. (6) If an Order in Council made under this section changes the name of a TAFE institute— (a) the institute continues in existence under the new name so that its identity is not affected; and (b) in an Act, a subordinate instrument or in any other document, a reference to the institute under the former name must, except in relation to matters that occurred before the change of name, be construed as a reference to the institute under the new name; and (c) the change of name does not affect any rights or obligations of the institute or render defective any legal proceedings by or against the institute; and (d) any legal proceedings that might have been continued or commenced by or against the institute by its former name may be continued by or against it by its new name. (7) If two or more TAFE institutes are amalgamated under an Order in Council made under this section, any legal proceedings that might have been commenced or continued by or against any of the institutes may be commenced or continued by or against the single institute formed by the amalgamation. (8) A copy of every Order in Council or Ministerial Order made under this section must be laid before each House of Parliament as soon as practicable after it is made. S. 3.1.11(9) inserted by No. 31/2018 s. 38(3), repealed by No. 32/2022 s. 5(3). S. 3.1.12 amended by Nos 58/2007 s. 14, 71/2010 s. 54, 39/2012 s. 28, substituted by No. 73/2012 s. 17. 3.1.12 TAFE institute is a body corporate A TAFE institute established under section 3.1.11— (d) is capable of acquiring, holding, dealing with or disposing of property for the purpose of performing its functions and exercising its powers; and (e) is capable of doing and suffering anything that a body corporate may by law do and suffer and that is necessary or expedient for performing its functions and exercising its powers. S. 3.1.12A inserted by No. 73/2012 s. 17. 3.1.12A Objectives of TAFE institutes The objectives of a TAFE institute are— (a) to perform its functions for the public benefit by— (i) operating its businesses, delivering educational services and utilising assets that it manages on the State's behalf as efficiently as possible; and (ii) ensuring that it is sustainable in the medium to long term; and (iii) ensuring that its procedures, policies and practices are consistent with prudent commercial practice; and (iv) endeavouring to maximise its contribution to the economy and wellbeing of the communities and industries served by the institute and the State as a whole; and (b) to facilitate student learning, knowledge acquisition, skills for employment and vocational education and training through excellent teaching, innovation and educational leadership that delivers quality outcomes; and (c) to collaborate as part of a strong public training provider network which is mutually and commercially beneficial to enable the institute to offer or provide educational services that meet the needs of industry partners and communities, including persons and groups that have particular education needs; and (d) any other objective set out in an Order in Council or Ministerial Order made under section 3.1.11 relating to the institute. S. 3.1.12B inserted by No. 73/2012 s. 17. 3.1.12B Functions of TAFE institutes (1) A TAFE institute may perform all or any of the following functions— (a) to provide the communities and industries served by the institute with efficient and effective technical and further education programs and services; (b) to provide the communities and industries served by the institute with efficient and effective adult, community and further education programs and services which are responsive to the needs of the community and to consult with the relevant Regional Councils about the provision of these programs and services; (c) to provide vocational education and training; (d) to offer and conduct courses of study leading to the conferral of higher education awards; (e) to confer higher education awards; (f) to provide facilities or services for study, research or education; (g) to undertake research, development, education, training delivery or other services on a commercial basis for other organisations; (h) to aid or engage in the development or promotion of institute research or the application or use of the results of that research; (i) to prepare, publish or distribute or license the use of literary or artistic work, audio or audio-visual material or computer software; (j) to seek or encourage gifts to the institute or for institute purposes; (k) to provide facilities for use by the community; (l) any other function conferred on the institute by or under this Act or any Order in Council or Ministerial Order made under section 3.1.11. (2) A TAFE institute may perform any function referred to in subsection (1) within and outside Victoria and outside Australia. S. 3.1.12B(3) inserted by No. 71/2010 s. 55(3) (as amended by No. 73/2012 s. 108(2) (as amended by No. 76/2013 s. 27(1))). (3) Subject to any direction or guideline issued by the Minister a TAFE institute may engage in an activity on a commercial basis if the activity is consistent with, and does not interfere with, the carrying out of the functions referred to in this section or the institute's strategic plan. S. 3.1.12C inserted by No. 73/2012 s. 17. 3.1.12C Powers of TAFE institutes (1) A TAFE institute has power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, meeting its objectives or performing its functions including any function delegated to it. (2) Without limiting the generality of subsection (1) a TAFE institute, for the purpose of meeting its objectives or performing its functions, may— (c) enter into a joint venture with another person or persons. Under section 5.2.1, the Minister may issue directions to a TAFE institute concerning its operations and the institute must comply with such a direction. In addition, an Order in Council or Ministerial Order made under section 3.1.11 may provide for or with respect to the powers, duties or functions of a TAFE institute. (3) A TAFE institute, in meeting its objectives or performing its functions, may exercise its powers within and outside Victoria and outside Australia. S. 3.1.12D inserted by No. 76/2013 s. 5. 3.1.12D Borrowing and investment by TAFE institutes A TAFE institute has the powers conferred on it by the **Borrowing and Investment Powers Act** **1987**. S. 3.1.12E inserted by No. 69/2015 s. 10. 3.1.12E TAFE institute to keep books and accounts (1) A TAFE institute must establish and keep full and complete books and accounts of all money received and paid by the TAFE institute and must arrange for a continuous audit of the income and expenditure to be made at any intervals not exceeding one month that the Minister directs. (2) The books and accounts referred to in subsection (1) must be kept in the form and manner approved by the Auditor-General. S. 3.1.13 amended by Nos 58/2007 s. 15, 71/2010 s. 55(1)(2), 76/2011 s. 3, substituted by No. 73/2012 s. 17. 3.1.13 Functions of TAFE institute boards (1) The functions of the board of a TAFE institute are— (a) to oversee and govern the institute efficiently and effectively; and (b) to develop and implement— (i) strategic plans and statements of corporate intent in accordance with the requirements of this Act; and (ii) operational business plans for the institute; and (c) to ensure that the institute operates in accordance with its strategic plan and its statement of corporate intent; and (d) to provide for the proper, efficient and effective performance by the institute of its functions and powers; and (e) to determine policies relating to employment of institute staff; and (f) to develop and issue directions for the administration and management of the institute that must be complied with by the chief executive officer and staff employed by the institute; and (g) to give proper direction to, and exercise proper control over, the chief executive officer and other staff employed by the institute and to monitor that they are carrying out their functions in a fit and proper manner; and (h) to advise and report on the activities of the institute to the Minister; and (i) to perform any other function conferred on the board by or under this Act or any Order in Council or Ministerial Order made under section 3.1.11. (2) The board of a TAFE institute may perform any function referred to in subsection (1) within and outside Victoria and outside Australia. 3.1.14 Powers of TAFE institute boards (1) A board has power to do all things that are 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. S. 3.1.14(2) repealed by No. 73/2012 s. 18. S. 3.1.14(3) substituted by No. 76/2011 s. 4. (3) A board, in the performance of its functions, may exercise its powers within and outside Victoria, whether within or outside Australia. 3.1.15 Accountability of TAFE institute boards (1) A board must perform its functions and exercise its powers subject to— S. 3.1.15(1)(a) substituted by No. 73/2012 s. 11. (a) a VET funding contract; and S. 3.1.15 (1)(ab) inserted by No. 31/2018 s. 39, repealed by No. 32/2022 s. 6. (b) any economic and social objectives established from time to time by the Government of Victoria; and S. 3.1.15(1)(c) amended by No. 73/2012 s. 19(1). (c) an Order made under section 3.1.11; and (d) any other requirements of this Act. (2) The board of a TAFE institute is accountable to the Minister for the effective and efficient governance of the institute including the discharge of its statutory functions and for the educational and financial performance of the institute. S. 3.1.15(2A) inserted by No. 73/2012 s. 19(2). (2A) The board of a TAFE institute may publish any written direction given by the Minister in the board's annual report. S. 3.1.15(3)(4) repealed by No. 69/2015 s. 11. S. 3.1.16 amended by Nos 58/2007 s. 16, 71/2010 s. 57, 43/2012 s. 3(Sch. item 13), substituted by No. 73/2012 s. 20. 3.1.16 Board directorship S. 3.1.16(1) substituted by No. 69/2015 s. 5(1). (1) An Order in Council or Ministerial Order made under section 3.1.11 must provide for a board of a TAFE institute consisting of not less than 10 and not more than 15 directors of whom— (a) at least half must be appointed by the Minister; and (b) a minimum of one director or any other greater fixed number of directors must be a staff member or members of the institute elected by staff of the institute; and (c) one must be the chief executive officer of the institute; and (d) the remaining directors must be appointed by the board by co-option. S. 3.1.16(1A) inserted by No. 69/2015 s. 5(1). (1A) In subsection (1)(b), a reference to a fixed number of directors is a reference to the number of directors to be elected by the staff of the TAFE institute fixed by the Order in Council or Ministerial Order made under section 3.1.11. S. 3.1.16(2) amended by No. 69/2015 s. 5(2). (2) In appointing directors to a board the Minister and the board must endeavour to ensure that the directors include persons with knowledge of, or experience in, the following areas— (a) management; (b) finance; (c) commerce or business; (d) law; (e) corporate governance; (f) vocational education and training; (g) adult, community and further education; (h) any industry in which training is provided at the institute; S. 3.1.16(2)(i) amended by No. 32/2022 s. 7(a). (i) if the TAFE institute provides higher education programs, higher education. S. 3.1.16(2)(j) repealed by No. 32/2022 s. 7(b). S. 3.1.16(3) substituted by No. 69/2015 s. 5(3). (3) A person who is a member of Parliament must not be appointed or elected as a director of the board. S. 3.1.16A inserted by No. 69/2015 s. 6. 3.1.16A Chairperson of board—appointment and removal (1) The board must elect and appoint a director of the board (other than an elected director or the chief executive officer) as the chairperson of the board in accordance with this section. (2) Before appointing a director as chairperson of the board, the board must notify the Minister in writing of the proposal to make the appointment. (3) The Minister may, within 20 days after receiving the notification and after considering the board's proposal, give to the board written notice of the Minister's objection to the proposed appointment. (4) The board must not appoint a director as chairperson of the board if the Minister has objected to the appointment under subsection (3). (5) The board may suspend or remove the chairperson from office at any time. (6) The Minister may suspend or remove a chairperson from office if the Minister is satisfied that exceptional circumstances exist. 3.1.17 Schedule 2 S. 3.1.18 amended by Nos 71/2010 s. 58, 39/2012 s. 29, substituted by Nos 73/2012 s. 21, 69/2015 s. 7. 3.1.18 Removal of directors (1) The Minister may suspend or remove a director appointed by the Minister at any time. (2) If the board believes that an elected director or a director co-opted by the board has contravened a code of conduct that is applicable to the director or a duty or obligation otherwise imposed on the director by or under this Act, the board may— (a) suspend the director from office for a period not exceeding one month; or (b) remove the director from office. (3) A suspension imposed under subsection (2)(a) cannot be extended or renewed. (4) A suspended director is, by force of this subsection, restored to office at the end of the period of suspension unless the director is removed from office within that period. (5) In exercising a power conferred by subsection (2) to remove a director from office, the board must do so by notice in writing delivered to the director that— (a) specifies a date, not earlier than 7 days after the date of the notice, on which the removal is to take effect; and (b) informs the director that at any time prior to the removal taking effect the director may submit to the board reasons as to why the director should not be removed from office. (6) If the board exercises a power conferred by subsection (2) to remove a director from office, the board may revoke the notice of removal, by notice in writing delivered to the director, at any time before it takes effect. S. 3.1.18A inserted by No. 71/2010 s. 59. 3.1.18A Strategic plans (1) The board of a TAFE institute must at the direction of the Minister and at the time or times determined by the Minister, prepare and submit to the Minister for acceptance a strategic plan for the operation of the institute. (2) A strategic plan must be prepared in accordance with the guidelines established by the Minister from time to time. (3) The Minister may— (a) accept a strategic plan; or (b) accept a strategic plan with amendments; or (c) refuse to accept a strategic plan. S. 3.1.18A(3A) inserted by No. 69/2015 s. 12. (3A) If the Minister refuses to accept a strategic plan under subsection (3)(c), the board of the TAFE institute must, at the time or times determined by the Minister, amend and resubmit the strategic plan to the Minister for acceptance. (4) The board of a TAFE institute must advise the Minister if it wishes to exercise its functions in a manner inconsistent with its accepted strategic plan. S. 3.1.18B inserted by No. 71/2010 s. 59. 3.1.18B When statement of corporate intent to be prepared (1) In respect of each year, the board of a TAFE institute must— S. 3.1.18B (1)(a) amended by No. 39/2012 s. 38. (a) prepare, in consultation with the Secretary, a proposed statement of corporate intent in relation to the provision of vocational education and training; and (b) submit the proposed statement of corporate intent to the Minister. (2) If, prior to 1 October the Minister provides to the board of a TAFE institute a statement of expectations in relation to the operations of the institute in the next year, these must be taken into account in preparing a statement of corporate intent. (3) If the board of a TAFE institute and the Minister fail to agree on a statement of corporate intent before 1 March of the year to which the statement of corporate intent relates, the Minister may make a statement of corporate intent in relation to the TAFE institute. (4) A statement of corporate intent may be varied at any time if the board of a TAFE institute and the Minister so agree. (5) If the board of a TAFE institute and the Minister fail to agree to a proposed variation of a statement of corporate intent within 28 days after the variation is proposed, the Minister may— (a) vary the statement of corporate intent; or (b) decline to vary the statement of corporate intent. (6) The Minister must cause copies of each statement of corporate intent and any variation to be made available on request to a member of the public. S. 3.1.18C inserted by No. 71/2010 s. 59. 3.1.18C Content of statement of corporate intent A statement of corporate intent made by a board of a TAFE institute under section 3.1.18B must— (a) be consistent with the strategic plan accepted by the Minister for the institute; and (b) specify in respect of the year to which it relates— (i) the services to be provided by the institute and the funds to be provided to the institute; and (ii) the objectives, priorities and key performance outcomes to be met by the institute; and (iii) the performance indicators, targets or other measures against which the performance of the institute is to be assessed and monitored; and S. 3.1.18C (b)(iv) amended by No. 39/2012 s. 39. (iv) how and when the institute must report to the Minister and the Secretary on its performance in relation to the specified objectives, priorities and key performance outcomes; and (v) any other matter agreed from time to time between the Minister and the board of the TAFE institute, or determined by the Minister. S. 3.1.18D inserted by No. 71/2010 s. 59, amended by No. 39/2012 s. 40, repealed by No. 31/2018 s. 50. 3.1.19 Reserve powers of Minister (1) If the Minister is satisfied that the board of an institute— S. 3.1.19(1)(a) amended by No. 58/2007 s. 17(1). (a) is inefficiently or incompetently governing the institute; or S. 3.1.19(1)(b) amended by No. 73/2012 s. 12. (b) is failing to comply with its VET funding contract; or (c) has failed to comply with any provision of this Act, a guideline issued by the Minister or any directions given to the board by the Minister under this Act or an Order establishing the board— the Minister may do any one or more of the following— (d) issue written directions to the board about— S. 3.1.19(1)(d)(i) amended by No. 58/2007 s. 17(2). (i) action to be taken to remedy inefficient or incompetent governance, which may include the dismissal of the chief executive officer of the institute; or S. 3.1.19 (1)(d)(ii) amended by No. 73/2012 s. 12. (ii) compliance with a VET funding contract; or (iii) compliance with the Act, guidelines, directions or an Order; or (e) censure the board; or S. 3.1.19(1)(f) substituted by No. 73/2012 s. 22(1). (f) recommend that the Governor in Council dismiss the directors of the board; or If all the directors of the board were dismissed, new directors would be appointed in accordance with section 3.1.16. (g) recommend to the Governor in Council that an administrator of the institute be appointed in accordance with this Division. (2) If the Minister is satisfied that a board has failed to comply with a direction given under subsection (1)(d) the Minister may do any one or more of the things specified in subsection (1)(e), (f) and (g). 3.1.20 Notice of proposal (1) If the Minister proposes to exercise his or her powers under section 3.1.19, the Minister— (a) must give the board notice in writing of the proposal and the reasons for the proposal; and (b) must consider any submissions whether oral or in writing made to the Minister by the board within 7 days after the giving of the notice or any further time specified in the notice; and (c) may consider any other submissions and any matters the Minister considers appropriate— before deciding whether or not to exercise the power. (2) If the Minister decides to censure or dismiss a board or recommend the appointment of an administrator to the board, the Minister must— (a) give notice in writing of the censure, dismissal or appointment to the board; and (b) cause to be tabled in each House of Parliament within 7 sitting days of the House after the notice is given to the board— (i) a copy of the notice; and (ii) a report of the circumstances leading to the action; and (iii) a copy of any written submission made by the board. 3.1.21 Appointment of administrator (1) If the Minister decides to recommend the appointment of an administrator, the Governor in Council, on the recommendation of the Minister, may appoint an administrator of the institute for the period and subject to the terms and conditions that are specified in the appointment. (2) An administrator of an institute appointed under this section has and may exercise all the powers and is subject to all the duties of the board of the institute and the chief executive officer of the institute. (3) On the appointment of an administrator, the directors of the board of the institute cease to hold office. (4) The Minister must review the appointment of an administrator within 12 months after the appointment. (5) If the Minister recommends to the Governor in Council that the appointment of the administrator should be revoked, the Governor in Council may by notice published in the Government Gazette declare that the appointment is revoked on the date specified in the notice, being a date not less than 28 days after the publication of the notice. (6) If a notice is published under subsection (5) in relation to an institute— S. 3.1.21(6)(a) amended by No. 73/2012 s. 22(2). (a) directors of the board of the institute shall be appointed in accordance with this Part; and (b) on the date specified in the notice— (i) the appointment of the administrator is revoked; and (ii) the board of the institute is re‑established. 3.1.22 Saving of acts of board Nothing done by a board is in any way abated or affected by the dismissal of the board or the appointment of an administrator. 3.1.23 Employment of staff S. 3.1.23(1) amended by No. 73/2012 s. 22(3)(a)(i). (1) Subject to any direction given by the Minister, a TAFE institute— (a) must employ a chief executive officer of the institute; and S. 3.1.23(1)(b) amended by No. 73/2012 s. 22(3)(a)(ii). (b) may employ such other staff as is necessary to enable the institute to perform its functions and exercise its powers. S. 3.1.23(2) amended by No. 73/2012 s. 22(3)(b). (2) A TAFE institute, in employing persons under this section, does not represent the Crown. S. 3.1.23(3) amended by No. 73/2012 s. 22(3)(b)(c). (3) A TAFE institute may, by instrument under its common seal, delegate to the chief executive officer of the institute any power of the institute under this section, other than this power of delegation. 3.1.24 Minister may object to appointment of chief executive officer S. 3.1.24(1) amended by No. 73/2012 s. 22(4)(a). (1) Before appointing a person as the chief executive officer of the TAFE institute, the institute must notify the Minister in writing of the proposal to make the appointment. S. 3.1.24(2) amended by Nos 73/2012 s. 22(4)(b), 69/2015 s. 13. (2) The Minister may, within 15 days after receiving that notification and after considering the TAFE institute's proposal, give to the institute notice in writing of his or her objection to the proposed appointment. S. 3.1.24(3) amended by No. 73/2012 s. 22(4)(c). (3) A TAFE institute must not appoint a person as the chief executive officer of the institute if the Minister has objected to the appointment in accordance with subsection (2). 3.1.25 Schedule 3 S. 3.1.25(1) substituted by No. 76/2013 s. 6. (1) Schedule 3 applies to the employment of staff at a TAFE institute. S. 3.1.25(1A) inserted by No. 76/2013 s. 6. (1A) Clause 1 of Schedule 3 applies to the employment of staff at a dual sector university in the circumstances set out in that clause. S. 3.1.25(2) amended by No. 73/2012 s. 22(5). (2) A TAFE institute may determine terms and conditions of employment of persons employed under section 3.1.23 to the extent that those terms and conditions are not determined or agreed in accordance with Schedule 3. (3) A provision determined under subsection (2) is of no effect to the extent that it provides a term and condition of employment that is less favourable to an employee than a term or condition to which he or she was entitled under section 19, 20 or 21 of the **Vocational Education and Training (College Employment) Act 1993**. 3.1.26 Chief executive officer The chief executive officer of the institute— S. 3.1.26(a) amended by No. 73/2012 s. 22(6). (b) is responsible for the day to day administration and management of the institute in accordance with any policies or directions of the board of the institute and with the requirements of this Act; and (c) must satisfy the board that— (i) funds are spent; and (ii) staff are carrying out functions; and (iii) the institute is generally managed and administered— in accordance with the requirements of this Act. S. 3.1.26AA inserted by No. 73/2012 s. 23, amended by No. 31/2018 s. 51, repealed by No. 32/2022 s. 8. S. 3.1.26AB inserted by No. 31/2018 s. 40, repealed by No. 32/2022 s. 9. S. 3.1.26A inserted by No. 71/2010 s. 60. 3.1.26A Use of the term "TAFE" or "technical and further education" (1) A person or body must not use the term "TAFE" or "technical and further education" in its name, or in a description of its activities, operations or services in connection with its operations in and from Victoria if having regard to the circumstances in which it is used it would be reasonably understood to indicate that— (a) the person or body using the term in its name is a TAFE institute; or (b) the activity, operation or service is being provided by a TAFE institute— unless the person or body is a TAFE institute. Penalty: 20 penalty units in the case of a natural person and 100 penalty units in the case of a body corporate. Example to s. 3.1.26A(1) amended by No. 76/2013 s. 7. A body that is not a TAFE institute and is not exempted under subsection (2) that offers education services using the name "Victoria TAFE Educators" would contravene subsection (1). S. 3.1.26A (2)(a) amended by No. 39/2012 s. 62(2). (a) a recognised TAFE Institute or a person or body that operates a recognised TAFE Institute; or (b) a recognised University; or (c) a prescribed person or body or person or body of a prescribed class of person or body; or (d) a person or body to whom the Minister has given approval under subsection (3) to use the term "TAFE" or "technical and further education" in its name or in connection with its activities, operations or services. (3) The Minister may give a person or body an approval to use the term "TAFE" or "technical and further education" in its name or in connection with its activities, operations or services despite the body or person not being a TAFE institute if satisfied that— (a) the person or body is established by or operates in association with one or more TAFE institutes, recognised TAFE Institutes or recognised Universities; or 1 A company established by a TAFE institute (or in which a TAFE institute is a participant) for the conduct of TAFE related programs or activities. 2 A company established by one or more TAFE institutes to conduct professional development for staff of a TAFE institute or a body established by one or more TAFE institutes to represent or assist those TAFE institutes in workplace relations matters. (b) it is unlikely that a reasonable person would think that, because of the use of the term "TAFE" or "technical and further education" in the person or body's name or in connection with its activities, operations or services, the person or body is a TAFE institute. (4) The Minister must ensure that notice of an approval given under subsection (3) is published in the Government Gazette. ***recognised TAFE Institute*** means an institution that— (a) is established under an Act of the Commonwealth or another State or Territory; and (b) has similar functions to a TAFE institute relating to the provision of courses and programs for technical and further education; ***TAFE institute*** is defined in section 1.1.3(1). ***recognised University*** has the same meaning as in section 4.1.1. S. 3.1.26B inserted by No. 71/2010 s. 60. 3.1.26B Injunction to prevent or restrain a contravention The Authority may apply to the County Court for an injunction to prevent or restrain a person from contravening section 3.1.26A. Ch. 3 Pt 3.1 Div. 3 (Heading and ss 3.1.27–3.1.34) amended by No. 20/2012 s. 226(Sch. 5 item 12), repealed by No. 73/2012 s. 5. Part 3.2—Higher education Division 1—Student fees, subscriptions and charges 3.2.1 Definition ***organisation of students*** means any person or body the object of which or one of the objects of which is to represent or serve the needs of students and— (a) the constituting documents of which require that its membership is to be constituted by a majority of students; or (b) the constituting documents of which provide for any student to be a member of the organisation without the requirement for the student to apply for and be accepted as a member of that organisation; or (c) the majority of the members of which are students; or (d) in the case of an organisation with an elected governing body, at the last general election for membership of that governing body the majority of members were elected at elections where the majority of voters were students. 3.2.2 Application of Division The provisions of this Division apply to the governing body of a post-secondary education institution despite anything to the contrary in— (a) any Act; or (b) a subordinate instrument within the meaning of the **Interpretation of Legislation Act 1984**; or (c) any document whatever— relating to the post-secondary education institution. 3.2.3 Provision for declining automatic membership of a student organisation (1) The governing body of a post-secondary education institution that has procedures to provide for students to become members of an organisation of students as a consequence of, or at the same time as, enrolling in a course of study at the institution must ensure that those procedures provide for a student to indicate at the time of enrolment that he or she does not wish to become a member of the organisation of students. (2) The governing body of a post-secondary education institution must ensure that a student who has indicated, in accordance with procedures referred to in subsection (1), that he or she does not wish to become a member of an organisation of students is not made a member of an organisation of students as a consequence of, or by enrolling in a course of study at that institution. 3.2.4 Students who do not join student organisation The governing body of a post-secondary education institution must ensure that any student or prospective student of the institution who has paid the compulsory fees, subscriptions or charges of the institution but who is not or does not become a member of any organisation of students is not liable to— (a) exclusion from the institution; or (b) exclusion from or discrimination against in respect of examinations or any other academic activities of the institution; or (c) exclusion from facilities, services or activities for students which are wholly or partially funded by the compulsory fees, subscriptions or charges; or (d) pay a fine to the institution; or (e) any other punishment imposed by or on behalf of the institution— because the student is not or does not become a member of an organisation of students. 3.2.5 Limitation on powers to spend funds from compulsory non‑academic fees etc. (1) The governing body of a post-secondary education institution must not spend or allow to be spent— (a) any money paid to the institution by a student or a prospective student of the institution by way of a compulsory non-academic fee, subscription or charge; or (b) any money which is profit made by the institution or an organisation of students in the course of providing facilities, services or activities funded wholly or partly by the money referred to in paragraph (a)— except for providing facilities, services or activities of direct benefit to students at the institution. (2) The governing body of a post-secondary education institution must establish procedures and sanctions to ensure that any money referred to in subsection (1) is spent or allowed to be spent in accordance with that subsection and, if spent or allowed to be spent in contravention of that subsection, is repaid to the governing body. 3.2.6 Voluntary fees held on trust (1) If the governing body of a post-secondary education institution collects money for voluntary fees, subscriptions or charges to be paid to an organisation of students— (a) for voluntary membership of an organisation of students; or (b) for the voluntary use of a facility, service or activity; or (c) for voluntary participation in an activity— the governing body holds the money for the beneficial use of the organisation of students and is not entitled to retain any of the money except to defray the costs of administration of collecting, holding or transfer of the money and to pay authorised deposit-taking institution and Government fees and charges relating to collecting, holding or transfer of the money. ***authorised deposit-taking institution*** has the same meaning as in the Banking Act 1959 of the Commonwealth. 3.2.7 Offence A person must not persuade another person to become a member of an organisation of students of a post-secondary education institution by threats, intimidation or deception or attempt to persuade a person to become a member by any of those means. 3.2.8 Statement about compulsory fees etc. (1) The governing body of a post-secondary education institution must ensure that the institution's annual report under the **Financial Management Act 1994** that is submitted to the Minister includes a statement about compulsory non-academic fees, subscriptions and charges payable in the preceding financial year. (2) The statement must specify— (a) the amount of compulsory non-academic fees, subscriptions and charges collected by the institution from students and prospective students in the preceding financial year; and (b) the purposes for which the institution spent those fees, subscriptions and charges or made them available and the amounts spent or made available; and (c) the names of organisations of students to which the institution made the fees, subscriptions and charges or part of the fees, subscriptions and charges available and the amounts of money which were made available to each organisation; and (d) the purposes for which the organisations referred to in paragraph (c) spent the money made available to them including names of other bodies to which they made the money available and the amounts of money they made available. Division 2—Incorporation of Councils 3.2.9 Application Nothing in this Division applies to a university, a TAFE institute or a provider of further education. 3.2.10 Post-secondary education institutions (1) The Governor in Council may, on the recommendation of the Minister, by order published in the Government Gazette— (a) create a post-secondary education institution; or (b) abolish a post-secondary education institution; or (c) amalgamate one or more post-secondary education institutions; or (d) change the name of a post-secondary education institution. (2) The Minister must not make a recommendation under subsection (1) unless the council or governing body (if any) of any institution or proposed institution concerned has made a request for the proposed order or has consented to the proposed order. (3) If an Order in Council under subsection (1) changes the name of an institution— (a) the institution continues in existence under the new name so that its identity is not affected; and (b) any reference to an institution under the former name shall, except in relation to matters that occurred before the change of name, be construed as a reference to the institution under the new name. 3.2.11 Incorporation of Councils (a) establish a council to be the governing body of an institution; or (b) amalgamate a council with another council; or (c) abolish a council; or (d) change the name of a council; or (e) make provision or further provision for or with respect to the constitution, management structure, membership, objectives, powers, duties or functions of a council, the manner of appointment or the terms and conditions of appointment of members of a council; or (f) make provision for a council to make rules for the government of the institution; or (g) make provision for a council to delegate any of its powers and functions under this Act to a person employed at the institution or to a committee established by or under an Order in Council relating to the council; or (h) amend any provision of a previous order relating to a council; or (i) make provision for or with respect to anything that is consequential on the making of an order involving the rights and obligations or the assignment of any property (subject to any trusts) of any council referred to in the Order. (2) The Minister must not make a recommendation under subsection (1) unless the council of the institution concerned has made a request for the proposed Order or has consented to the proposed Order. (3) A council established under subsection (1)— (c) is capable in law of suing and being sued in its corporate name; and (d) may acquire, hold and dispose of real and personal property for the purpose of performing its functions and exercising its powers under this Act; and (e) may do and suffer all acts matters and things that a body corporate may by law do or suffer and are necessary or expedient for the purpose of performing its functions and exercising its powers under this Act. (4) If two or more councils previously incorporated under this Act are amalgamated under an Order made under subsection (1), any legal proceedings that might have been commenced or continued by or against any of the councils may be commenced or continued by or against the single council formed by the amalgamation. (5) A change of name of a council under an order under subsection (1) does not affect the identity of the council or any rights or obligations of the council, and any legal proceedings that might have commenced or continued by or against it by its former name may be commenced or continued by or against it by its new name. 3.2.12 Award of degrees or diplomas (1) The Governor in Council may by Order published in the Government Gazette confer on the council of a post-secondary education institution incorporated under section 3.2.11 the power to award a degree or diploma specified in the Order. (2) The Governor in Council may in an Order or further Order make the power to award a specified degree or diploma subject to any terms and conditions that the Governor in Council thinks fit or remove or vary any term or condition to which the power is subject or impose additional terms and conditions on the exercise of the power. Part 3.3—Adult, community and further education 3.3.1 Definitions S. 3.3.1 def. of *adult learner* inserted by No. 32/2022 s. 10(a). ***adult learner*** means a person who is— (a) beyond the age of compulsory school attendance; or (b) not less than 15 or more than 17 years of age and is exempt from enrolment and attendance at school by Ministerial Order in accordance with section 2.1.5; ***Board*** means the Adult, Community and Further Education Board; S. 3.3.1 def. of *Board of AMES* amended as *Board of AMES* *Australia* by No. 32/2022 s. 10(b)(i), amended by No. 32/2022 s. 10(b)(ii). ***Board of AMES* *Australia*** means the governing board of AMES Australia established by Order in Council under Division 5; S. 3.3.1. def. of *Board of the Centre for Adult Education* repealed by No. 31/2018 s. 41. S. 3.3.1 def. of *governing board* repealedby No. 32/2022 s. 10(c). ***Regional Council*** means a Regional Council of Adult, Community and Further Education established under Division 4. Division 2—Adult, Community and Further Education Board 3.3.2 The Adult, Community and Further Education Board (1) The Adult, Community and Further Education Board established under the **Adult, Community and Further Education Act 1991** continues in operation under and subject to this Act. (2) The Board— (d) is capable of acquiring, holding, dealing with or disposing of property for the purpose of performing its functions and exercising its powers; and (e) is capable of doing and suffering anything that a body corporate may by law do and suffer, and that is necessary or expedient for performing its functions and exercising its powers. (3) The common seal must be kept as directed by the Board and must only be used as authorised by the Board. (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. S. 3.3.3 amended by Nos 71/2010 s. 61, 73/2012 s. 6(1)(2), 76/2013 s. 8, substituted by No. 32/2022 s. 11. 3.3.3 Functions of the Board (1) The functions of the Board with respect to adult, community and further education that is not provided by TAFE institutes or universities, are— (a) to establish strategic objectives, priorities and targets in relation to— (i) the Board's leadership of adult, community and further education; and (ii) training provided in the post‑secondary education system relating to adult, community and further education; and (b) to evaluate and report on policies, programs, resources and services developed for the coordination, provision, funding and support of adult, community and further education, having regard to, amongst other things, the matters specified in subsection (2); and (c) to strategically plan and develop new policies, programs, resources and services for the coordination, provision, funding and support of adult, community and further education, having regard to— (i) the economic and social benefits of adult, community and further education to the Victorian community; and (ii) the quality of and equity of access to adult, community and further education; and (d) to register providers of adult, community and further education; and (e) to advise the Minister on matters relating to adult, community and further education; and (f) to provide educational programs where directed by the Minister; and (g) to foster and support research and the development of matters relating to adult, community and further education; and (h) to advocate for adult, community and further education; and (i) to promote awareness of adult, community and further education; and (j) to carry out any other function that is conferred on the Board by this or any other Act. (2) For the purposes of subsection (1)(b), the following matters are specified— (a) the skills and education needs of adult learners in the Victorian community including the following— (i) literacy; (ii) digital literacy; (iii) numeracy; (iv) the English language; (v) the skills, attributes and knowledge required to gain and retain employment and for career progression; (b) the benefit of adult, community and further education to the Victorian community; (c) the impact of adult, community and further education on the Victorian community; (d) the equity of access to, and the quality of programs provided for, adult, community and further education; (e) the role of Government in relation to— (i) fostering innovation, quality teaching, learning and partnerships with respect to adult, community and further education; and (ii) developing resources and services for adult, community and further education; and (iii) improving the capability and capacity of providers of adult, community and further education. 3.3.4 Powers of the Board (1) The Board has power to do everything that is necessary or convenient for it to do for or in connection with the performance of its functions including any function delegated to it. (2) In addition to the powers set out in subsection (1) the Board may— (a) be a member of a company, association, trust or partnership; and (b) form or participate in the formation of a company, association, trust or partnership; and (c) enter into a joint venture with any other person or persons; and (d) apply for, obtain and hold, whether on its own behalf or jointly with any other person, any intellectual property rights; and (e) assign or grant licences in respect of those intellectual property rights, with or without charge; and (f) enter into agreements and arrangements for the commercial exploitation of intellectual property rights; and (g) charge fees for adult, community and further education services provided by the Board. 3.3.5 Board to consult In carrying out its functions and exercising its powers, the Board must— S. 3.3.5(a) repealed by No. 71/2010 s. 62(a). S. 3.3.5(b) repealed by No. 32/2022 s. 12(1). (c) consult, as a matter of general practice, with— (i) the Regional Councils; and S. 3.3.5(c)(ii) substituted by No. 32/2022 s. 12(2). (ii) industry and industry partners; and (iii) the boards of TAFE institutes; and (iv) any person or organisation providing or using adult, community and further education— on any matter of general concern about adult, community and further education; and (d) ensure that its actions are consistent with the arrangements for the provision of vocational education and training. 3.3.6 Financial powers The Board— (a) may apply money for or towards the costs of or incidental to the performance of its functions and the exercise of its powers under this Act; and (b) may make payments by way of grants, subsidies or loans in relation to adult, community and further education to any person, organisation or institution, whether public or private, on any terms or conditions that the Board thinks fit; and S. 3.3.6(c) substituted by No. 71/2010 s. 62(2), amended by No. 31/2018 s. 42(a). (c) may make payments by way of grants, subsidies or loans in relation to adult, community and further education to a TAFE institute and any such payment must be made on any terms and conditions that the Board thinks fit; and S. 3.3.6(d) amended by No. 31/2018 s. 42(b), substituted by No. 32/2022 s. 13. (d) may make payments to a Regional Council with respect to their functions; (e) may make payments by way of grants, subsidies or loans in relation to education other than adult, community and further education and any such payment— (i) must not be made unless the Minister has first given his or her consent to it; and (ii) is subject to any terms and conditions imposed by the Minister. S. 3.3.7 amended by No. 31/2018 s. 43, repealed by No. 32/2022 s. 14. S. 3.3.8 repealed by No. 71/2010 s. 63. S. 3.3.9 repealed by No. 71/2010 s. 64. 3.3.10 Membership of the Board S. 3.3.10(1) amended by Nos 58/2007 s. 18, 7/2015 s. 13(1), substituted by No. 32/2022 s. 15(1). (1) The Board consists of not less than 8 and not more than 12 members of whom— (a) one member is to be appointed by the Governor in Council as Chairperson on the recommendation of the Minister; and (b) one member is to be appointed by the Governor in Council as Deputy Chairperson on the recommendation of the Minister; and (c) the remaining members are to be appointed by the Governor in Council on the recommendation of the Minister in accordance with subsection (2). (2) In making a recommendation under subsection (1) the Minister must have regard to— (a) maintaining a balance between the number of men and women on the Board; and (b) ensuring that the composition of the Board reflects both metropolitan and country interests; and (c) ensuring that the composition of the Board is a fair and balanced reflection of the diversity of the community; and S. 3.3.10(2)(d) amended by No. 32/2022 s. 15(2). (d) ensuring that there is sufficient financial and governance expertise on the Board; and (e) ensuring that the composition of the Board reflects the interests of users of adult, community and further education; and S. 3.3.10(2)(f) substituted by No. 32/2022 s. 15(3). (f) ensuring that the composition of the Board includes members with sufficient expertise in the provision of adult, community and further education. S. 3.3.10(3) inserted by No. 2/2025 s. 16. (3) A member of the Board may resign from office by written notice, signed by the member and given to the Minister. 3.3.11 Schedule 2 3.3.12 Committees of the Board (1) The Board must establish an audit committee to audit the financial and other affairs of the Board. (2) The Board may establish one or more other committees and may refer matters to a committee for examination. (3) The Board must determine the membership, the terms and conditions of membership and procedures of a committee established under this section. S. 3.3.13 substituted by No. 32/2022 s. 16. 3.3.13 General Manager of the Board (1) There is to be appointed a General Manager of the Board who is an executive (within the meaning of the **Public Administration Act 2004**) of the Department. (2) The General Manager of the Board is responsible for implementing any policy or decision of the Board made in accordance with this Part or any other Act. Division 3—Delegations S. 3.3.14 amended by Nos 71/2010 s. 65, 32/2022 s. 17(a). 3.3.14 Delegations by the Board The Board may, by instrument under its common seal, delegate any power or function, other than this power of delegation to— (a) a member of the Board; or (b) the General Manager; or (c) any employee in the public service employed for the purposes of this Part or Part 3.1; or S. 3.3.14(d)(e) repealed by No. 32/2022 s. 17(b). S. 3.3.14(f) substituted by No. 39/2012 s. 30. (f) an executive (within the meaning of the **Public Administration Act 2004**) of the Department; or S. 3.3.14(g) substituted by No. 32/2022 s. 17(c). (g) a person or body appointed by the Minister under this Act; S. 3.3.14(h) inserted by No. 32/2022 s. 17(c). (h) a body established by Order in Council. 3.3.15 Delegations by the General Manager The General Manager may, by instrument in writing, delegate any of his or her powers or functions under this Act, other than this power of delegation, to— (a) any employee in the public service employed for the purposes of this Part or Part 3.1; or S. 3.3.15(b) repealed by No. 32/2022 s. 18(1). S. 3.3.15(c) repealed by No. 71/2010 s. 66. S. 3.3.15(d) repealed by No. 32/2022 s. 18(1). S. 3.3.15(e) substituted by No. 39/2012 s. 31. (e) an executive (within the meaning of the **Public Administration Act 2004**) of the Department; or S. 3.3.15(f) substituted by No. 32/2022 s. 18(2). (f) a person or body appointed by the Minister under this Act; or S. 3.3.15(g) inserted by No. 32/2022 s. 18(2). (g) a body established by Order in Council. Division 4—Regions of adult, community and further education 3.3.16 Regions The Minister, after consulting with and considering the advice of the Board, is to establish regions for the administration of adult, community and further education in Victoria. 3.3.17 Regional Councils The Minister must appoint a Regional Council of Adult, Community and Further Education for each region established under section 3.3.16. 3.3.18 Functions of Regional Councils (1) The functions of a Regional Council are— (a) to develop a process which will enable users and providers of adult, community and further education to advise the Council and the Board on the needs of adult, community and further education in the region; and S. 3.3.18(1)(b) substituted by No. 71/2010 s. 67(a). (b) to provide advice and prepare reports for the Board in relation to adult, community and further education; and S. 3.3.18(1)(c) repealed by No. 71/2010 s. 67(b). (d) to provide information, and contribute to planning, for adult, community and further education in the region; and S. 3.3.18(1)(e) repealed by No. 71/2010 s. 67(b). S. 3.3.18(1)(f) amended by Nos 76/2013 s. 9, 32/2022 s. 19(a). (f) to advise the Board about the effectiveness of activities funded by the Board under Division 2 and about the effectiveness of adult, community and further education activities within the region that are not provided by TAFE institutes, universities or AMES Australia; and (g) to support and promote the provision of adult, community and further education in the region; and (h) to support and promote networks between community based providers of adult, community and further education; and (i) to support and promote the diversity and flexibility of the community based provision of adult, community and further education; and S. 3.3.18(1)(j) repealed by No. 71/2010 s. 67(b). (k) to participate in recommending to the Board priorities and policies to apply throughout the State; and (l) to carry out any other function that is conferred on it by this or any other Act. (2) The Minister may from time to time, by notice published in the Government Gazette, confer additional functions relating to adult, community and further education on a Regional Council. (3) In carrying out its functions a Regional Council must— S. 3.3.18(3)(a) amended by No. 32/2022 s. 19(b). (a) consult as a matter of general practice with any person or organisation who uses or provides adult, community and further education and any other education and training organisation in its region including the board of any TAFE institute which provides or offers adult, community and further education in the region and the Board of AMES Australia if it provides or offers adult, community and further education in the region; and (b) ensure that its actions are consistent with the arrangements for the provision of vocational education and training. 3.3.19 Powers of Regional Councils A Regional Council has power to do everything that is necessary or convenient for it to do for or in connection with the performance of its functions including any function delegated to it. 3.3.20 Accountability A Regional Council must carry out its functions subject to— S. 3.3.20(a) repealed by No. 32/2022 s. 20. S. 3.3.20(b) amended by No. 71/2010 s. 68. (b) the policies of the Board; and (c) the general control of the Minister and any other requirement of this Act. 3.3.21 Membership of Regional Councils S. 3.3.21(1) amended by No. 37/2015 s. 11(a), substituted by No. 32/2022 s. 21. (1) A Regional Council consists of not less than 5 and not more than 9 members appointed by the Minister of whom— (a) one member is to be appointed by the members of the Regional Council as Chairperson; and (b) one member is to be appointed by the members of the Regional Council as Deputy Chairperson. (2) The Minister must consult with any community, or other group or organisation in the region which is, in the Minister's opinion, appropriate concerning the membership of a Regional Council for that region. (3) In appointing members of a Regional Council, the Minister must consider any advice given in a consultation under subsection (2) and ensure that the members of the Council— (a) reflect the knowledge, skills and experience of the adult, community education sector; and (b) reflect in a fair and balanced way the diversity of the community in that region; and S. 3.3.21(3)(c) amended by Nos 39/2012 s. 41(a), 37/2015 s. 11(b). (c) have knowledge and experience of governance responsibilities; and S. 3.3.21(3)(d) repealed by No. 39/2012 s. 41(b), new S. 3.3.21(3)(d) inserted by No. 37/2015 s. 11(c). (d) have knowledge and experience of issues affecting the local industry and the broader local community in that region. (4) The members of a Council may co-opt, for one term of office and for a period not exceeding one year, not more than 2 members. (5) A co-opted member of the Council has the same rights, powers, duties and entitlements as any other member of the Council for the period during which he or she is co-opted. 3.3.22 Terms and conditions of office of members (1) A 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 a 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 three consecutive meetings of the Council without the Chairperson's leave 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 a Council; and (d) disclose to the Council any conflict of interest or duties. (4) A member may resign his or her office in writing delivered to the Minister. (5) The Minister may remove or suspend a member from office. S. 3.3.22(6) amended by No. 7/2024 s. 12. (6) A member, other than a person who holds a statutory office within the meaning of the **Public Administration Act 2004**, is employed in the public service or the teaching service or with a statutory authority, or who is employed in the government ELC workforce, and whose travelling and personal expenses are met through that position, is entitled to be paid allowances for travelling and personal expenses at the rates and on the conditions applicable to employees of the public service. (7) 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. 3.3.23 Meetings of Councils S. 3.3.23(1) repealed by No. 37/2015 s. 12. (2) The Chairperson must preside at any meeting at which he or she is present. (3) If the Chairperson is absent the Deputy Chairperson must preside. (4) Subject to this Act and to any guidelines issued by the Minister, the Council may regulate its own proceedings. S. 3.3.24 repealed by No. 39/2012 s. 42. S. 3.3.25 repealed by No. 71/2010 s. 69. Pt 3.3 Div. 5 (Heading) substituted by No. 32/2022 s. 22. Division 5—AMES Australia S. 3.3.26 (Heading) substituted by No. 32/2022 s. 23(1). 3.3.26 Establishment of AMES Australia S. 3.3.26(1) substituted by No. 32/2022 s. 23(2). (1) AMES Australia is established. S. 3.3.26(2) amended by Nos 31/2018 s. 52, 32/2022 s. 23(3). (2) The Board of AMES Australia is the governing board of AMES Australia and is constituted by Order in Council as provided for in this Division. S. 3.3.26(3) amended by No. 32/2022 s. 23(4). (3) The Board of AMES Australia has the functions and powers conferred on it by this Division and by Order in Council made under this Division. S. 3.3.27 repealed by No. 31/2018 s. 44. S. 3.3.28 (Heading) substituted by No. 32/2022 s. 24(1). S. 3.3.28 substituted by No. 73/2012 s. 26. 3.3.28 AMES Australia and the Board of AMES Australia S. 3.3.28(1) substituted by No. 32/2022 s. 24(2). (a) change the name of AMES Australia; or (b) establish a governing board to oversee and govern AMES Australia; or (c) change the name of the Board of AMES Australia; or (d) make provision or further provision for or with respect to the constitution, management structure, membership, objectives, powers, duties or functions of AMES Australia or the Board of AMES Australia; or (e) make provision or further provision for or with respect to the manner of appointment or the terms and conditions of appointment of members of the Board of AMES Australia; or (f) make provision for the Board of AMES Australia to make rules for the governance of AMES Australia; or (g) make provision for the Board of AMES Australia to delegate any of its powers and functions under this Act (except any powers delegated to it under this Act) to a person employed at AMES Australia or to a committee established by or under an Order in Council relating to the Board of AMES Australia; or (h) amend any provision of a previous Order in Council under this section relating to AMES Australia or the Board of AMES Australia; or (i) make provision for or with respect to any matter of a consequential, transitional or savings nature consequent on the making of an Order in Council under this section including the rights, obligations and assignment of any property (subject to any trusts) of AMES Australia referred to in the Order in Council. S. 3.3.28(2) repealed by No. 32/2022 s. 24(2). S. 3.3.28(3) substituted by No. 32/2022 s. 24(3). (3) The Minister must not make a recommendation for the purposes of this section unless the Board of AMES Australia has made a request for the proposed Order in Council or has been consulted about the proposed Order in Council. S. 3.3.28(4) amended by No. 32/2022 s. 24(4)(a). (4) If an Order in Council under this section changes the name of the Board of AMES Australia— (a) the governing board continues in existence under the new name so that its identity is not affected; and S. 3.3.28(4)(b) substituted by No. 32/2022 s. 24(4)(b). (b) a reference to the Board of AMES Australia, the Board of AMES, the governing board of AMES or the governing board of Adult Multicultural Education Services in any Act, subordinate instrument or any other document must, except in relation to matters that occurred before the change of name, be construed as a reference to its new name. S. 3.3.28(5) amended by No. 32/2022 s. 24(5)(a). (5) If an Order in Council made under this section changes the name of AMES Australia— S. 3.3.28(5)(a) amended by No. 32/2022 s. 24(5)(b). (a) AMES Australia continues in existence under the new name so that its identity is not affected; and S. 3.3.28(5)(b) substituted by No. 32/2022 s. 24(6). (b) a reference to AMES Australia, AMES or Adult Multicultural Education Services in any Act, subordinate instrument or any other document must, except in relation to matters that occurred before the change of name, be construed as a reference to its new name; and S. 3.3.28(5)(c) amended by No. 32/2022 s. 24(7). (c) the change of name does not affect any rights or obligations of AMES Australia or render defective any legal proceedings by or against AMES Australia; and S. 3.3.28(5)(d) substituted by No. 32/2022 s. 24(8). (d) any legal proceedings that might have been continued or commenced by or against AMES Australia, AMES or Adult Multicultural Education Services may be continued by or against it by its new name. S. 3.3.28(6) repealed by No. 32/2022 s. 24(9). (7) A copy of every Order in Council made under this section must be laid before each House of Parliament as soon as practicable after it is made. S. 3.3.29 (Heading) amended by No. 32/2022 s. 25(1). S. 3.3.29 substituted by No. 73/2012 s. 26, amended by No. 32/2022 s. 25(2). 3.3.29 AMES Australia is a body corporate AMES Australia— (d) is capable of acquiring, holding, dealing with or disposing of property for the purpose of performing its functions and exercising its powers; and (e) is capable of doing and suffering anything that a body corporate may by law do and suffer and that is necessary or expedient for performing its functions and exercising its powers. S. 3.3.29A (Heading) amended by No. 32/2022 s. 26(1). S. 3.3.29A inserted by No. 73/2012 s. 26, amended by No. 32/2022 s. 26(2)(a). 3.3.29A Objectives of AMES Australia The objectives of AMES Australia are— (a) to perform its functions for the public benefit by— (i) operating its businesses, delivering educational services and utilising assets that it manages on the State's behalf as efficiently as possible; and (ii) ensuring that it is sustainable in the medium to long term; and (iii) ensuring that its procedures, policies and practices are consistent with prudent commercial practice; and (iv) endeavouring to maximise its contribution to the economy and well‑being of the State; and S. 3.3.29A(b) amended by No. 32/2022 s. 26(2)(b). (b) to provide the community served by AMES Australia (including migrants, refugees and asylum seekers) with efficient and effective adult, community and further education, vocational education and training, employment and other associated programs and services responsive to the needs of that community; and (c) to facilitate adult, community and further education, knowledge acquisition and skills for employment through excellent teaching, innovation and educational leadership that delivers quality outcomes; and S. 3.3.29A(d) amended by No. 32/2022 s. 26(2)(c). (d) to monitor the structure, reach and accessibility of AMES Australia services to maximise their availability to new and emerging communities and client groups; and S. 3.3.29A(e) amended by No. 32/2022 s. 26(2)(d). (e) to make adequate arrangements for persons and groups which have not had or do not have adequate access to programs or services provided by AMES Australia; and S. 3.3.29A(f) substituted by No. 32/2022 s. 26(2)(e). (f) any other objective set out in an Order in Council made under section 3.3.28(1). S. 3.3.29B (Heading) amended by No. 32/2022 s. 27(1). S. 3.3.29B inserted by No. 73/2012 s. 26. 3.3.29B Functions of AMES Australia S. 3.3.29B(1) amended by No. 32/2022 s. 27(2)(a). (1) AMES Australia may perform all or any of the following functions— (1)(a) amended by No. 32/2022 s. 27(2)(b). (a) to undertake generally the development and provision of adult, community and further education, vocational education and training, employment and other associated programs and services considered necessary for the objectives of AMES Australia; (1)(ab) inserted by No. 32/2022 s. 27(2)(c). (ab) to develop and provide specialist settlement services for migrants, refugees and asylum seekers; (b) to provide facilities or services for study, research or education; (1)(c) amended by No. 32/2022 s. 27(2)(d). (c) to undertake research, development, counselling or other services on a commercial basis for other organisations; (1)(d) amended by No. 32/2022 s. 27(2)(e). (d) to aid or engage in the development or promotion of research by AMES Australia or the application or use of the results of that research; (e) to prepare, publish or distribute or license the use of literary or artistic work, audio or audio-visual material or computer software; S. 3.3.29B(1)(f) substituted by No. 32/2022 s. 27(2)(f). (f) to seek or encourage gifts to AMES Australia for the purposes of AMES Australia's objectives and functions; (g) to provide facilities for use by the community; (1)(h) substituted by No. 32/2022 s. 27(2)(g). (h) to perform any other function conferred on AMES Australia by or under this Act or an Order in Council made under section 3.3.28(1). S. 3.3.29B(2) amended by No. 32/2022 s. 27(3). (2) AMES Australia may perform any function referred to in subsection (1) within and outside Victoria and outside Australia. S. 3.3.29B(3) inserted by No. 32/2022 s. 27(4). (3) Subject to any direction or guideline issued by the Minister, AMES Australia may engage in an activity on a commercial basis if the activity is consistent with, and does not interfere with, the carrying out of any of its functions referred to in subsection (1) or its strategic plan. S. 3.3.29C (Heading) amended by No. 32/2022 s. 28(1). S. 3.3.29C inserted by No. 73/2012 s. 26. 3.3.29C Powers of AMES Australia S. 3.3.29C(1) amended by No. 32/2022 s. 28(2)(a). (1) AMES Australia has power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, meeting its objectives or performing its functions including any function delegated to it. S. 3.3.29C(2) amended by No. 32/2022 s. 28(2)(b). (2) Without limiting the generality of subsection (1), AMES Australia, for the purpose of meeting its objectives or performing its functions, may— S. 3.3.29C (2)(a) amended by No. 7/2015 s. 13(2). (c) enter into a joint venture with another person or persons. S. 3.3.29C(3) amended by No. 32/2022 s. 28(2)(c). (3) AMES Australia, in meeting its objectives or performing its functions, may exercise its powers within and outside Victoria and outside Australia. S. 3.3.29D inserted by No. 32/2022 s. 29. 3.3.29D Borrowing and investment by AMES Australia AMES Australia has the powers conferred on it by the **Borrowing and Investment Powers Act 1987**. S. 3.3.30 (Heading) amended by No. 32/2022 s. 30(1). S. 3.3.30 amended by Nos 76/2011 s. 5, 39/2012 s. 32, substituted by No. 73/2012 s. 26. 3.3.30 Functions of the Board of AMES Australia S. 3.3.30(1) amended by No. 32/2022 s. 30(2)(a). (1) The functions of the Board of AMES Australia are— S. 3.3.30(1)(a) substituted by No. 32/2022 s. 30(2)(b). (a) to oversee and govern AMES Australia efficiently and effectively; and (b) to develop and implement— (i) strategic plans and statements of corporate intent in accordance with the requirements of this Act; and S. 3.3.30 (1)(b)(ii) amended by Nos 7/2015 s. 13(3), 32/2022 s. 30(2)(c). (ii) operational business plans for AMES Australia; and S. 3.3.30(1)(c) amended by No. 32/2022 s. 30(2)(d). (c) to ensure that AMES Australia operates in accordance with its strategic plan and its statement of corporate intent; and S. 3.3.30(1)(d) amended by No. 32/2022 s. 30(2)(d). (d) to provide for the proper, efficient and effective performance by AMES Australia of its functions and powers; and S. 3.3.30(1)(e) amended by No. 32/2022 s. 30(2)(e). (e) to determine policies relating to employment of staff of AMES Australia; and S. 3.3.30(1)(f) amended by No. 32/2022 s. 30(2)(f). (f) to develop and issue directions for the administration and management of AMES Australia that must be complied with by the chief executive officer and staff employed by AMES Australia; and S. 3.3.30(1)(g) amended by No. 32/2022 s. 30(2)(f). (g) to give proper direction to, and exercise proper control over, the chief executive officer and other staff employed by AMES Australia and to monitor that they are carrying out their functions in a fit and proper manner; and S. 3.3.30(1)(h) amended by No. 32/2022 s. 30(2)(g). (h) to advise and report on the activities of AMES Australia to the Minister; and S. 3.3.30(1)(i) substituted by No. 32/2022 s. 30(2)(h). (i) to perform any other function conferred on the Board of AMES Australia by or under this Act or an Order in Council made under section 3.3.28(1). S. 3.3.30(2) amended by No. 32/2022 s. 30(3). (2) The Board of AMES Australia may perform any function referred to in subsection (1) within and outside Victoria and outside Australia. S. 3.3.31 (Heading) amended by No. 32/2022 s. 31(1). 3.3.31 Powers of the Board of AMES Australia S. 3.3.31(1) amended by No. 32/2022 s. 31(2). (1) The Board of AMES Australia has power to do all things that are 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. S. 3.3.31(2) repealed by No. 73/2012 s. 27. S. 3.3.31(3) inserted by No. 76/2011 s. 6, amended by No. 32/2022 s. 31(2). (3) The Board of AMES Australia, in the performance of its functions, may exercise its powers within and outside Victoria, whether within or outside Australia. S. 3.3.32 (Heading) amended by No. 32/2022 s. 32(1). 3.3.32 Accountability of the Board of AMES Australia S. 3.3.32(1) amended by No. 32/2022 s. 32(2)(a). (1) The Board of AMES Australia must perform its functions and exercise its powers subject to— S. 3.3.32(1)(a) repealed by No. 32/2022 s. 32(2)(b). (b) any economic or social objectives or industrial relations policies established from time to time by the Government of Victoria; and S. 3.3.32(1)(c) amended by No. 31/2018 s. 65(4). (c) any Order in Council made under section 3.3.28; and (d) any other requirements of this Act. S. 3.3.32(2) amended by No. 32/2022 s. 32(3). (2) The Board of AMES Australia must establish and keep full and complete books and accounts of all money received and paid by the Board and must arrange for a continuous audit of the income and expenditure to be made at any intervals not exceeding one month that the Minister directs. (3) The books and accounts referred to in subsection (2) must be kept in the form and manner approved by the Auditor-General. S. 3.3.32(4) inserted by No. 73/2012 s. 28, amended by No. 32/2022 s. 32(4). (4) The Board of AMES Australia may publish any written direction given by the Minister in the Board's annual report. S. 3.3.33 (Heading) substituted by No. 32/2022 s. 33(1). S. 3.3.33 amended by Nos 58/2007 s. 19(1), 39/2012 s. 33, substituted by No. 73/2012 s. 29. 3.3.33 Membership of the Board of AMES Australia S. 3.3.33(1) amended by No. 32/2022 s. 33(2)(a). (1) The Board of AMES Australia consists of not less than 9 and not more than 11 members of whom— S. 3.3.33(1)(a) amended by No. 32/2022 s. 33(2)(b). (a) one is to be appointed by the Governor in Council as the chairperson of the Board; and (1)(ab) inserted by No. 32/2022 s. 33(2)(c). (ab) one is to be the chief executive officer of AMES Australia; and (b) of the remaining members— (1)(b)(i) amended by No. 32/2022 s. 33(2)(d)(i). (i) if there is an even number, half are to be appointed by the Minister; or (1)(b)(ii) amended by No. 32/2022 s. 33(2)(d)(ii). (ii) if there is an odd number, half of that number rounded up to the next whole number are to be appointed by the Minister; and S. 3.3.33(1)(c) amended by No. 76/2013 s. 19(1). (c) the remaining members are to be appointed by the Minister after considering the advice of the members who have been appointed under paragraphs (a) and (b). S. 3.3.33(2) amended by No. 32/2022 s. 33(3)(a)(b). (2) In appointing members to the Board, or advising on persons for appointment as members of the Board, the Minister and the members must endeavour to ensure that the members include persons with knowledge of, or experience in, the following areas— (a) management; (b) finance; (c) commerce or business; (d) law; (e) corporate governance; (f) adult, community and further education; S. 3.3.33(2)(g) substituted by No. 32/2022 s. 33(3)(c). (g) the educational needs of and services required by migrants, refugees and asylum seekers in the community. S. 3.3.33(3) substituted by No. 32/2022 s. 33(4). (3) A person who is a member of Parliament must not be appointed as a member of the Board of AMES Australia. S. 3.3.34 amended by Nos 39/2012 s. 34, 73/2012 s. 30, 14/2013 s. 20(5), substituted by No. 2/2025 s. 17. 3.3.34 Resignation and removal from office (1) A member of the Board of AMES Australia may resign from office by written notice, signed by the member and given to the Minister. (2) The Governor in Council may remove the chairperson of the Board of AMES Australia from office at any time. (3) The Minister may remove a member of the Board of AMES Australia (other than the chairperson) from office at any time. S. 3.3.34A inserted by No. 39/2012 s. 35. 3.3.34A Strategic plans S. 3.3.34A(1) amended by No. 32/2022 s. 34(1). (1) The Board of AMES Australia must, at the direction of the Minister and at the time or times determined by the Minister, prepare and submit to the Minister for acceptance a strategic plan for the operation of AMES Australia. (2) A strategic plan must be prepared in accordance with the guidelines established by the Minister from time to time. (3) The Minister may— (a) accept a strategic plan; or (b) accept a strategic plan with amendments; or (c) refuse to accept a strategic plan. S. 3.3.34A(3A) inserted by No. 32/2022 s. 34(2). (3A) If the Minister refuses to accept a strategic plan under subsection (3)(c), the Board of AMES Australia must, at the time or times determined by the Minister, amend and resubmit the strategic plan to the Minister for acceptance. S. 3.3.34A(4) amended by No. 32/2022 s. 34(3). (4) The Board of AMES Australia must advise the Minister if it wishes to exercise its functions in a manner inconsistent with its accepted strategic plan. S. 3.3.34B (Heading) amended by No. 32/2022 s. 35(1). S. 3.3.34B inserted by No. 39/2012 s. 35. 3.3.34B When is a statement of corporate intent to be prepared S. 3.3.34B(1) amended by No. 32/2022 s. 35(2)(a). (1) In respect of each year, the Board of AMES Australia must— S. 3.3.34B (1)(a) amended by No. 32/2022 s. 35(2)(b). (a) prepare, in consultation with the Minister, a proposed statement of corporate intent in relation to the provision of adult, community and further education, vocational education and training, employment and other associated programs and services; and (b) submit the proposed statement of corporate intent to the Minister. S. 3.3.34B(2) amended by No. 32/2022 s. 35(3). (2) If, prior to 1 October, the Minister provides to the Board of AMES Australia a statement of expectations in relation to the operations of AMES Australia in the next year, these must be taken into account in preparing a statement of corporate intent. S. 3.3.34B(3) amended by No. 32/2022 s. 35(4). (3) If the Board of AMES Australia and the Minister fail to agree on a statement of corporate intent before 1 March of the year to which the statement of corporate intent relates, the Minister may make a statement of corporate intent in relation to AMES Australia. S. 3.3.34B(4) amended by No. 32/2022 s. 35(5). (4) A statement of corporate intent may be varied at any time if the Board of AMES Australia and the Minister so agree. S. 3.3.34B(5) amended by No. 32/2022 s. 35(5). (5) If the Board of AMES Australia and the Minister fail to agree to a proposed variation of a statement of corporate intent within 28 days after the variation is proposed, the Minister may— (a) vary the statement of corporate intent; or (b) decline to vary the statement of corporate intent. (6) The Minister must cause copies of each statement of corporate intent and any variation to be made available on request to a member of the public. S. 3.3.34C inserted by No. 39/2012 s. 35, amended by No. 32/2022 s. 36(a).[[1]](#endnote-1) 3.3.34C Content of statement of corporate intent A statement of corporate intent made by the Board of AMES Australia under section 3.3.34B must— S. 3.3.34C(a) amended by No. 32/2022 s. 36(c). (a) be consistent with the strategic plan accepted by the Minister for AMES Australia; and (b) specify in respect of the year to which it relates— S. 3.3.34C(b)(i) amended by No. 32/2022 s. 36(c). (i) the services to be provided by AMES Australia and the funds to be provided to AMES Australia; and (b)(ii) amended by No. 32/2022 s. 36(c). (ii) the objectives, priorities and key performance outcomes to be met by AMES Australia; and (b)(iii) amended by No. 32/2022 s. 36(c). (iii) the performance indicators, targets or other measures against which the performance of AMES Australia is to be assessed and monitored; and (b)(iv) amended by No. 32/2022 s. 36(b)(c). (iv) how and when AMES Australia must report to the Minister on its performance in relation to the specified objectives, priorities and key performance outcomes; and S. 3.3.34C (b)(v) amended by No. 2/2025 s. 18. (v) any other matter agreed from time to time between the Minister and the Board of AMES Australia, or determined by the Minister. S. 3.3.34D inserted by No. 39/2012 s. 35, repealed by No. 31/2018 s. 53. 3.3.35 Reserve powers of Minister S. 3.3.35(1) amended by No. 32/2022 s. 37(1)(a). (1) If the Minister is satisfied that the Board of AMES Australia— S. 3.3.35(1)(a) amended by No. 32/2022 s. 37(1)(b). (a) is inefficiently or incompetently governing AMES Australia; or S. 3.3.35(1)(b) repealed by No. 32/2022 s. 37(1)(c). S. 3.3.35(1)(c) amended by No. 32/2022 s. 37(1)(d). (c) has failed to comply with any provision of this Act, a guideline issued by the Minister or any directions given to the Board by the Minister or an Order in Council establishing the Board— the Minister may do any one or more of the following— S. 3.3.35(1)(d) amended by No. 32/2022 s. 37(1)(e)(i). (d) issue written directions to the Board about— S. 3.3.35(1)(d)(i) amended by Nos 58/2007 s. 19(1), 32/2022 s. 37(1)(e)(ii). (i) action to be taken to remedy inefficient or incompetent governance of AMES Australia, which may include the dismissal of the chief executive officer of AMES Australia; or S. 3.3.35 (1)(d)(ii) repealed by No. 32/2022 s. 37(1)(f). (iii) compliance with the Act, guidelines, directions or an Order in Council; S. 3.3.35(1)(e) amended by No. 32/2022 s. 37(1)(g). (e) censure the Board; S. 3.3.35(1)(f) substituted by No. 73/2012 s. 31(1), amended by No. 32/2022 s. 37(1)(g). (f) recommend that the Governor in Council dismiss the members of the Board; Note to s. 3.3.35(1)(f) amended by No. 32/2022 s. 37(1)(h). If all the members of the Board of AMES Australia were dismissed, new members would be appointed in accordance with section 3.3.33. S. 3.3.35(1)(g) amended by No. 32/2022 s. 37(1)(i). (g) recommend to the Governor in Council that an administrator of AMES Australia be appointed. S. 3.3.35(2) amended by No. 32/2022 s. 37(2). (2) If the Minister is satisfied that the Board of AMES Australia has failed to comply with a direction given under subsection (1)(d) the Minister may do any one or more of the things specified in subsection (1)(e), (f) and (g). 3.3.36 Notice of proposal S. 3.3.36(1) amended by No. 32/2022 s. 38(1)(a). (1) If the Minister proposes to exercise the Minister's powers under section 3.3.35, the Minister— S. 3.3.36(1)(a) amended by No. 32/2022 s. 38(1)(b). (a) must give the Board of AMES Australia notice in writing of the proposal and the reasons for the proposal; and S. 3.3.36(1)(b) amended by No. 32/2022 s. 38(1)(b). (b) must consider any submissions whether oral or in writing made to the Minister by the Board of AMES Australia within 7 days after the giving of the notice or any further time specified in the notice; and (c) may consider any other submissions and any matters the Minister considers appropriate— before deciding whether or not to exercise the power. S. 3.3.36(2) amended by No. 32/2022 s. 38(2). (2) If the Minister decides to censure or dismiss the Board of AMES Australia or recommend the appointment of an administrator to the Board of AMES Australia, the Minister must— S. 3.3.36(2)(a) amended by No. 32/2022 s. 38(2)(c). (a) give notice in writing of the censure, dismissal or appointment to the Board of AMES Australia; and S. 3.3.36(2)(b) amended by No. 32/2022 s. 38(2)(c). (b) cause to be tabled in each House of Parliament within 7 sitting days of the House after the notice is given to the Board of AMES Australia— (i) a copy of the notice; and (ii) a report of the circumstances leading to the action; and S. 3.3.36 (2)(b)(iii) amended by No. 32/2022 s. 38(2)(c). (iii) a copy of any written submission made by the Board of AMES Australia. 3.3.37 Appointment of administrator S. 3.3.37(1) amended by No. 32/2022 s. 39(1). (1) If the Minister decides to recommend the appointment of an administrator, the Governor in Council, on the recommendation of the Minister, may appoint an administrator of AMES Australia for the period and subject to the terms and conditions that are specified in the appointment. S. 3.3.37(2) amended by No. 58/2007 s. 19(1), substituted by No. 32/2022 s. 39(2). (2) An administrator appointed under this section has and may exercise all of the powers and is subject to all the functions of the Board of AMES Australia and the chief executive officer of AMES Australia. S. 3.3.37(3) amended by No. 32/2022 s. 39(3). (3) On the appointment of an administrator, the members of the Board of AMES Australia cease to hold office. (4) The Minister must review the appointment of an administrator within 12 months after the appointment. S. 3.3.37(5) amended by No. 32/2022 s. 39(4). (5) If the Minister recommends to the Governor in Council that the appointment of the administrator should be revoked, the Governor in Council may by notice published in the Government Gazette declare that the appointment is revoked on the date specified in the notice, being a date not less than 28 days after the publication of the notice. S. 3.3.37(6) amended by No. 32/2022 s. 39(5)(a). (6) If a notice is published under subsection (5) in relation to AMES Australia— S. 3.3.37(6)(a) amended by Nos 73/2012 s. 31(2), 32/2022 s. 39(5)(b). (a) members of the Board of AMES Australia shall be appointed in accordance with this Part; and (b) on the date specified in the notice— (i) the appointment of the administrator is revoked; and S. 3.3.37 (6)(b)(ii) amended by No. 32/2022 s. 39(5)(b). (ii) the Board of AMES Australia is re-established. S. 3.3.38 (Heading) amended by No. 32/2022 s. 40(1). S. 3.3.38 amended by No. 32/2022 s. 40(2). 3.3.38 Saving of acts of Board of AMES Australia Nothing done by the Board of AMES Australia is in any way abated or affected by the dismissal of the Board of AMES Australia or the appointment of an administrator under this Division. 3.3.39 Schedule 2 3.3.40 Employment of staff S. 3.3.40(1) amended by Nos 73/2012 s. 31(3)(a)(i), 32/2022 s. 41(1)(a). (1) Subject to any direction given by the Minister, AMES Australia— S. 3.3.40(1)(a) amended by Nos 58/2007 s. 19(2), 32/2022 s. 41(1)(b). (a) must employ a chief executive officer of AMES Australia; and S. 3.3.40(1)(b) amended by Nos 73/2012 s. 31(3)(a)(ii), 32/2022 s. 41(1)(b). (b) may employ such other staff as is necessary to enable AMES Australia to perform its functions and exercise its powers. S. 3.3.40(2) amended by Nos 73/2012 s. 31(3)(b), 32/2022 s. 41(2). (2) AMES Australia, in employing persons under this section, does not represent the Crown. S. 3.3.40(3) amended by Nos 58/2007 s. 19(3), 73/2012 s. 31(3)(b)(c), 32/2022 s. 41(3). (3) AMES Australia may, by instrument under its common seal, delegate to the chief executive officer of AMES Australia any power of AMES Australia under this section, other than this power of delegation. S. 3.3.41 (Heading) substituted by No. 58/2007 s. 19(4). 3.3.41 Minister may object to chief executive officer appointment S. 3.3.41(1) amended by Nos 58/2007 s. 19(3), 73/2012 s. 31(4)(a), 32/2022 s. 42(1). (1) Before appointing a person as chief executive officer of AMES Australia, AMES Australia must notify the Minister in writing of the proposal to make the appointment. S. 3.3.41(2) amended by No. 73/2012 s. 31(4)(b), substituted by No. 32/2022 s. 42(2). (2) The Minister may, within 15 days after receiving a notification under subsection (1) and after considering the proposal from AMES Australia, give AMES Australia notice in writing of the Minister's objection to the proposed appointment. S. 3.3.41(3) amended by Nos 58/2007 s. 19(2), 73/2012 s. 31(4)(c), 32/2022 s. 42(3). (3) AMES Australia must not appoint a person as a chief executive officer of AMES Australia if the Minister has objected to the appointment in accordance with subsection (2). S. 3.3.42 amended by Nos 73/2012 s. 31(5), 32/2022 s. 43. 3.3.42 Staff conditions AMES Australia may determine terms and conditions of employment of persons employed under section 3.3.40 in addition to any terms or conditions that were determined or agreed in accordance with Part 6 of the **Adult, Community and Further Education Act 1991**. S. 3.3.43 (Heading) amended by No. 32/2022 s. 44(1). S. 3.3.43 substituted by No. 58/2007 s. 20. 3.3.43 Chief executive officer of AMES Australia S. 3.3.43(1) amended by No. 32/2022 s. 44(2)(a). (1) The chief executive officer of AMES Australia— S. 3.3.43(1)(a) repealed by No. 73/2012 s. 31(6). S. 3.3.43(1)(b) amended by No. 32/2022 s. 44(2)(b)(c). (b) is responsible for the day to day administration and management of AMES Australia in accordance with any policies or directions of the Board of AMES Australia and with the requirements of this Act. S. 3.3.43(2) amended by No. 32/2022 s. 44(3)(a)(b). (2) The chief executive officer of AMES Australia must satisfy the Board of AMES Australia that— (a) funds are spent; and (b) staff are carrying out functions; and S. 3.3.43(2)(c) amended by No. 32/2022 s. 44(3)(c). (c) AMES Australia is generally managed and administered— in accordance with the requirements of this Act. Chapter 4—Victorian Registration and Qualifications Authority Part 4.1—Preliminary 4.1.1 Interpretation (1) In this Chapter— ***accredit*** in relation to a course of study that leads to an education award or the award of a registered qualification, means recognise that the standard of the course of study, the rules for the combination of the parts of the course and the way of delivering it, are appropriate to the award or qualification; ***accreditation*** includes renewed accreditation; *AQTF* amended by No. 71/2010 s. 4(2). ***AQTF*** means the policy framework entitled "Australian Quality Training Framework" that defines the criteria and standards for the registration of training organisations and the accreditation of courses in the vocational education and training sector endorsed by the Ministerial Council on 9 June 2010, and that policy framework as amended or as remade or endorsed from time to time by the Ministerial Council; ***assessment process***, in relation to a course, means the methods and criteria used or to be used to determine whether a student has achieved the learning outcomes or competencies specified for that course; ***Chairperson*** means the Chairperson of the Authority; S. 4.1.1(1) def. of *child* inserted by No. 23/2021 s. 55. ***child*** has the same meaning as in the **Child Wellbeing and Safety Act 2005** (other than Part 6A of that Act); ***condition*** means— (a) a condition or limitation on all or some of the operations of a registered provider; or (b) a restriction; ***corresponding law*** means— (a) if a regulation prescribes a law of another jurisdiction as the corresponding law for the purposes of this definition, the law prescribed under the regulation; or (b) otherwise, a law of another jurisdiction that corresponds with this Act or a provision of this Act; S. 4.1.1(1) def. of *course* amended by No. 45/2021 s. 15. ***course*** means— (a) a course normally undertaken in, or designed to be undertaken in, year 11 or 12 of the school years; or (b) a course leading to the issue of the VCE, VCAL or the VPC; or (c) a vocational education and training course, subject, unit of competency or module; or (d) a further education course; or (e) a course leading to a higher education award— and includes— (f) a program of study or training leading to the award or issue of a particular qualification; and (g) a subject or other part of a program, unit of competence or module of study or training leading to the award or issue of a particular qualification; and (h) any other study or training notified by the Minister in the Government Gazette to be a course for the purposes of this Act; ***Director*** means the person employed under this Act to be the Director of the Authority; S. 4.1.1(1) def. of *effective complaint handling process* inserted by No. 71/2010 s. 29. ***effective complaint handling process*** means a complaint handling process established in accordance with Part 4.6A; S. 4.1.1(1) def. of *foundation secondary course* inserted by No. 45/2021 s. 4(1). ***foundation secondary course*** means a course pertaining to year 11 or 12 (other than a senior secondary course) leading to a foundation secondary qualification; S. 4.1.1(1) def. of *foundation secondary qualifications* inserted by No. 45/2021 s. 4(1). ***foundation secondary qualifications*** means qualifications described under Level 1 in the AQF; S. 4.1.1(1) def. of *government training contract* inserted by No. 73/2012 s. 13. ***government training contract*** means any of the following— (a) a VET funding contract; (b) a performance agreement entered into under section 3.1.4(1) before the repeal of that section by section 4 of the **Education Legislation Amendment (Governance) Act 2012**; (c) a performance management agreement entered into under— (i) section 3.1.4(4)(d) before the repeal of that section by section 4 of the **Education Legislation Amendment (Governance) Act 2012**; or (ii) section 3.1.2(1)(c); (d) an agreement or arrangement providing for payments of grants, subsidies or loans entered into under— (i) section 3.1.4(4)(e) before the repeal of that section by section 4 of the **Education Legislation Amendment (Governance) Act 2012**; or (ii) section 3.1.2(1)(d); (e) a contract, agreement or arrangement, whenever entered into, for the provision of government-subsidised vocational education and training in another State or Territory; *high managerial agent* inserted by No. 71/2010 s. 4(4). ***high managerial agent*** in relation to a person or body means an employee, agent or officer (including an officer within the meaning of the Corporations Act) of the person or body with duties of such responsibility that his or her conduct may fairly be assumed to represent the person or body in relation to the provision of education and training by the person or body; ***institution*** includes person or body; ***jurisdiction*** means Victoria or, if it has enacted a corresponding law, another State or internal Territory; ***legislative compliance standard*** is the standard included in the RTO standards requiring that an RTO ensures that compliance with Commonwealth, State and Territory legislation and regulatory requirements relevant to its operations is integrated into its policies and procedures and that compliance is maintained; ***member*** means member of the Authority and includes the Chairperson; S. 4.1.1(1) def. of *Ministerial Council* repealed by No. 31/2018 s. 54. ***National Register*** means the National Training Information Service maintained by the Commonwealth to the extent that the Register consists of matters registered in accordance with this Act; S. 4.1.1(1) def. of *principal executive officer* inserted by No. 71/2010 s. 4(4). ***principal executive officer*** in relation to a person or body, means the person who has executive responsibility for the operation of the person or body; ***prohibition***, in relation to an RTO, means a prohibition on all or some of the operations of the RTO; ***qualification*** means— (a) in relation to vocational education and training or further education, formal certification by an RTO and under the AQF that a person has achieved all the units of competencies or modules comprising learning outcomes stated for the qualification in— (i) a nationally endorsed training package for which details of the qualification have been registered by the Commonwealth; or (ii) an accredited course that provides training for the qualification; and (b) in relation to any other education or training, means the recognition, by the award or issue of a certificate or otherwise, that a student has achieved particular learning outcomes or competencies; ***recognised University*** means an institution that is— (a) established or recognised as a University under an Act; or (b) established as a University under an Act of the Commonwealth, another State, the Australian Capital Territory or the Northern Territory; ***registered***, in relation to vocational education and training or further education, means registered on the State Register and National Register; ***registering body***, in relation to vocational education and training or further education, means the Authority or a body equivalent to the Authority in another jurisdiction responsible for the registration of training organisations under that jurisdiction's legislation relating to vocational education and training; ***registration***, in relation to an RTO, includes renewed registration; ***restriction***, in relation to an RTO, means a restriction on all or some of the operations of an RTO or a prohibition; ***RTO*** means a training organisation registered on the State Register and National Register; *RTO standards* substituted by No. 71/2010 s. 4(3), amended by No. 76/2013 s. 18(1). ***RTO standards*** means the AQTF 2010 Essential Conditions and Standards for Initial Registration and the AQTF 2010 Essential Conditions and Standards for Continuing Registration as endorsed by the Ministerial Council on 9 June 2010 and as amended or as remade or endorsed from time to time by the Ministerial Council; S. 4.1.1(1) def. of *sector regulator* inserted by No. 23/2021 s. 55. ***sector regulator*** has the same meaning as in the **Child Wellbeing and Safety Act 2005**; *senior secondary course* inserted by No. 70/2008 s. 18, substituted by No. 27/2010 s. 58, amended by No. 45/2021 s. 4(2). ***senior secondary course*** means a course leading to a senior secondary qualification or any other course pertaining to year 11 or 12 (other than a foundation secondary course); ***senior secondary qualifications*** means qualifications described under the senior secondary certificate of education in the AQF; ***statement of attainment***, in relation to vocational education and training or further education, means formal certification by an RTO under the AQF that a person has achieved— (a) part of a qualification; or (b) one or more units of competency from a nationally endorsed training package; or (c) all the units of competency or modules comprising learning outcomes for an accredited course that does not meet the requirements for a qualification; *TVET* inserted by No. 70/2008 s. 18, repealed by No. 39/2012 s. 43. ***unit of competency***, in relation to vocational education and training or further education, means a specification of knowledge and skill and their application to a specified standard of performance. (2) In this Chapter, a reference to an institution operating as a University includes a reference to an institution operating as a University in or from Victoria by means of any of the following telecommunication devices— (a) a computer adapted for communicating by way of the internet or another communications network; or (b) a television receiver adapted to allow the viewer to transmit information by way of a cable television network or another communications network; or (c) a telephone; or (d) any other electronic device. (3) In this Chapter, a reference to a course of study includes a reference to a course of study offered in or from Victoria by means of any of the telecommunication devices referred to in subsection (2). Part 4.2—Victorian Registration and Qualifications Authority 4.2.1 Establishment of Authority (1) There is established a Victorian Registration and Qualifications Authority. (2) The Authority— (b) has a common seal; (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. 4.2.2 Functions of Authority (1) The functions of the Authority are to— (a) register Government and non-Government schools; S. 4.2.2(1)(ab) inserted by No. 33/2020 s. 6(1)(a). (ab) register school boarding premises; (b) register students for home schooling; (c) accredit courses and register qualifications (including qualifications developed outside Australia); (d) authorise providers to deliver accredited courses; (e) authorise providers and organisations to award registered qualifications; (f) approve providers of specified courses for overseas students; S. 4.2.2(1)(fa) inserted by No. 58/2007 s. 21. (fa) approve persons, organisations (including education or training organisations) and registered schools to operate student exchange programs; S. 4.2.2(1)(fb) inserted by No. 71/2010 s. 5(1), amended by No. 37/2015 s. 13(1). (fb) assess and reassess from time to time the financial capability of registered providers and registered non-Government schools; (g) exercise the powers of the Authority to ensure that minimum standards are maintained— (i) by providers and organisations it has registered; and (ii) in home schooling; (1)(gaa) inserted by No. 23/2021 s. 56(1). (gaa) in relation to relevant entities for which the Authority is an integrated sector regulator— (i) provide education, information and advice on the Child Safe Standards to promote consistency in child safety outcomes; and (ii) investigate, monitor and enforce compliance with the Child Safe Standards by relevant entities for which it is an integrated sector regulator; and (1)(gaa)(iii) amended by No. 58/2025 s. 59. (iii) collect, analyse and publish information and data regarding compliance with the Child Safe Standards by those relevant entities and provide that information and data to the Social Services Regulator as required; and (iv) promote continuous improvement by relevant entities in relation to the safety of children, the prevention of child abuse and the proper response to allegations of child abuse; (1)(gaab) inserted by No. 23/2021 s. 56(1). (gaab) exchange information and collaborate with persons and bodies in relation to the safety of children and compliance with the Child Safe Standards; (1)(gaac) inserted by No. 23/2021 s. 56(1), amended by No. 58/2025 s. 59. (gaac) work collaboratively with the Social Services Regulator, sector regulators and other integrated sector regulators in relation to the safety of children and compliance with the Child Safe Standards; S. 4.2.2(1)(ga) inserted by No. 39/2012 s. 3(1). (ga) exercise the powers of the Authority in relation to the regulation of apprentices and related matters; S. 4.2.2(1)(h) substituted by No. 85/2009 s. 3(1). (h) ensure the public availability of meaningful and accurate information about— (i) registered education and training organisations and their compliance with the requirements of this Chapter and any standards prescribed by the regulations; and (ii) persons or bodies (other than schools) whose registration, approval or authorisation under Division 3, 4 or 5 of Part 4.3 has been cancelled or suspended (which may include the names and positions of the owners, directors, partners, high managerial agents or principal executive officer (as the case requires) of those persons or bodies) and the reasons for that cancellation or suspension; and (iii) persons or bodies (other than schools) whose approval under Part 4.5 has been cancelled or suspended (which may include the names and positions of the owners, directors, partners, high managerial agents or principal executive officer (as the case requires) of those persons or bodies) and the reasons for that cancellation or suspension; (i) maintain a State Register that includes–– (i) accredited courses and qualifications; (ii) registered schools and the year levels or curriculum programs a registered school is authorised to deliver; S. 4.2.2(1) (i)(iia) inserted by No. 33/2020 s. 6(1)(b). (iia) registered school boarding premises; (iii) registered education and training organisations and the accredited courses for which they are registered; (iv) registered education and training organisations and the registered qualifications they are authorised to award or issue; (v) authorised providers of courses of study leading to a higher education award and accredited courses of study in higher education; (vi) Universities deemed to be approved under Part 4.3; (viii) institutions approved to operate as Universities under Part 4.3; (j) register on the State Register and National Register— (i) approved providers of vocational education and training and further education; (ii) accredited courses in vocational education and training and further education; (k) conduct audits of education or training organisations; (l) enter into arrangements with other agencies for those agencies to develop and modify courses; (m) consult as it considers appropriate with education bodies and other persons or bodies to monitor the framework of accredited courses and qualifications and linkages between qualifications or parts of qualifications and advise the Minister about the effectiveness of the framework; (n) as directed by the Minister, provide advice on policies, criteria and standards for the accreditation of courses and the registration of qualifications; S. 4.2.2(1)(na) inserted by No. 71/2010 s. 5(2), substituted by No. 37/2015 s. 13(2). (na) protect the interests of students as consumers of education or training services, whether delivered in schools or by providers of vocational education and training, further education, higher education or technical and further education; S. 4.2.2(1)(nb) inserted by No. 71/2010 s. 5(2), amended by Nos 39/2012 s. 3(2), 33/2020 s. 6(1)(c). (nb) monitor compliance with, and enforce, the requirements relating to the provision of education or training or school boarding premises in this Chapter or relating to apprentices under Part 5.5; S. 4.2.2(1)(nc) inserted by No. 71/2010 s. 5(2). (nc) investigate complaints against authorised officers; S. 4.2.2(1)(nd) inserted by No. 31/2018 s. 55. (nd) investigate complaints made against any of the following persons, bodies, schools or institutions in relation to a failure to comply with this Act, the regulations, a Ministerial Order or a condition of registration or approval— (i) a person, body, school or institution registered or approved under Part 4.3 or 4.5A; (ii) the parent responsible for the home schooling of a student registered under section 4.3.9; S. 4.2.2(1) (nd)(iii) inserted by No. 33/2020 s. 6(1)(d). (iii) a provider of school boarding services; S. 4.2.2(1)(o) substituted by No. 19/2008 s. 9. (o) perform any other function conferred on or delegated to the Authority by or under this or any other Act. (2) In addition to its functions under subsection (1), the Authority is responsible for— S. 4.2.2(2)(a) amended by No. 33/2020 s. 6(2)(a). (a) generally ensuring that minimum standards for the operation of Government and non‑Government schools and school boarding premises in Victoria are established, maintained and met and that the standards are regularly reviewed; S. 4.2.2(2)(b) amended by No. 33/2020 s. 6(2)(b). (b) administering policies and procedures for registration of Government and non‑Government schools and school boarding premises; (c) making recommendations to the Minister about regulations to be made by the Governor in Council about— (i) the minimum standards for registration, accreditation, endorsement, recognition, authorisation or approval under this Chapter; (ii) the requirements for registration, accreditation, endorsement, recognition, authorisation or approval under this Chapter. S. 4.2.2(3) inserted by No. 85/2009 s. 3(2), substituted by No. 71/2010 s. 5(3). (3) In carrying out its functions under subsection (1)(d) and (f), the Authority is responsible for assessing whether providers or organisations are fit and proper persons or organisations to be registered or approved, having regard to the criteria set out in this Act, the regulations and any guidelines issued by the Authority. S. 4.2.2(4) inserted by No. 23/2021 s. 56(2). (4) In carrying out its functions under subsection (1)(gaa), (gaab) and (gaac) in respect of a relevant entity for which it is an integrated sector regulator, the Authority must consider the most effective means of promoting compliance by the relevant entity with the Child Safe Standards. S. 4.2.2(5) inserted by No. 23/2021 s. 56(2). (5) Without limiting subsection (1)(gaab), the Authority may exchange information and collaborate with persons and bodies with functions or powers under a law of another State, a Territory or the Commonwealth relating to the monitoring or enforcement of compliance with standards (however described) that correspond to the Child Safe Standards. 4.2.3 Powers of Authority (1) For the purpose of performing its functions, the Authority has power to do all things necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions. (2) The Authority, in the performance of its functions, may exercise its powers in Victoria and elsewhere. (3) This section does not limit any other power given to the Authority by any other provision of this Act. 4.2.4 Membership of Authority S. 4.2.4(1) amended by No. 58/2007 s. 22, substituted by No. 71/2010 s. 6. (1) The Authority consists of not less than 9 and not more than 13 members of whom— (a) one is to be appointed by the Governor in Council as Chairperson on the nomination of the Minister; and (b) one is to be the Secretary or the nominee of the Secretary; and S. 4.2.4(1)(c) repealed by No. 39/2012 s. 44. (d) the remaining members are to be appointed by the Governor in Council on the nomination of the Minister in accordance with subsection (2). S. 4.2.4(2) substituted by No. 71/2010 s. 6. (2) In nominating persons for appointment to the Authority, the Minister must have regard to ensuring that— (a) members have skills and experience that are drawn from appropriate fields relevant to the performance of the functions of the Authority including the following fields— (i) education, including school education, vocational education and training, adult, community and further education and higher education; (ii) quality assurance, business management, institutional governance, law, finance and industry; and (b) the composition of the Authority— (i) is a fair and balanced reflection of the diversity of the community; and (ii) reflects both metropolitan and country interests. S. 4.2.4(3) amended by No. 2/2025 s. 19. (3) An appointed member may resign from office by written notice, signed by the appointed member and given to the Minister. (4) The Governor in Council may at any time remove an appointed member from office. 4.2.5 Schedule 2 4.2.6 Director's responsibilities A Director employed for the purposes of this Chapter is responsible for implementing any policy or decision of the Minister or the Authority made in accordance with this Act. 4.2.7 Delegation of Authority's power (1) The Authority may, by instrument under its common seal, delegate any function or power of the Authority, other than this power of delegation to any of the following— (a) a member of the Authority; (b) a member or the members of a committee established by the Authority; (c) the Director or any other person employed for the purposes of this Chapter; (d) the Secretary or any other person employed in the Department; (e) the members of a body established by the Minister; (f) a person, or the members of a body or organisation, offering educational programs; (g) a person, or the members of a body, representing schools or a group of schools; (h) an organisation acting on behalf of training or higher education providers. (2) The Authority may, by instrument under its common seal, delegate any power of the Authority, other than this power of delegation and a power referred to in subsection (3), to a registered education and training organisation. (3) The Authority, by instrument under its common seal, may delegate any of the following powers of the Authority to a registered education and training organisation or a University or institution that has been approved by the Authority under section 4.3.36 for the purposes of this subsection— S. 4.2.7(3)(a) amended by No. 70/2008 s. 19. (a) the power under Part 4.4 to investigate— (i) a vocational education and training course; (ii) a further education course; (iii) any part of a course referred to in subparagraph (i) or (ii)— that the registered organisation, University or institution provides or proposes to provide to determine whether it should be registered as accredited or continue to be registered as accredited; (b) the power under Part 4.3 to authorise the organisation, University or institution to provide an accredited vocational education and training course or part of such a course or a further education course; (c) the power under Part 4.3 to authorise the organisation, University or institution to award or issue a registered vocational education and training qualification or a registered further education qualification. S. 4.2.7A inserted by No. 70/2008 s. 20, amended by No. 71/2010 s. 7, repealed by No. 39/2012 s. 45. S. 4.2.7B inserted by No. 70/2008 s. 20, repealed by No. 39/2012 s. 46. 4.2.8 Victorian Registration and Qualifications Authority Fund (1) The Authority must establish a Fund to be known as the Victorian Registration and Qualifications Authority 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 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. (4) The Authority may invest money in the Fund— (a) in any manner in which a trustee may invest trust funds under the **Trustee Act 1958**; or (b) in any other manner approved by the Minister. S. 4.2.9 inserted by No. 85/2009 s. 4. 4.2.9 Power to notify students about education and training organisations (1) This section applies if any action taken under this Act in relation to an education and training organisation may affect the delivery of services to students by that organisation. (2) The Authority may do either or both of the following— (a) direct the education and training organisation to notify any students enrolled by the organisation of the action and its effect on the delivery of services to the students by the education and training organisation; or (b) by public notice or otherwise, notify the students of the action and its effect on the delivery of services by the education and training organisation. ***action*** means the suspension or cancellation of, or the imposition of a condition on, a registration, approval or authorisation under Division 3, 4 or 5 of Part 4.3 or an approval under Part 4.5. ***education and training organisation*** means— (a) a person or body (other than a school) that is or was registered, approved or authorised under Division 3, 4 or 5 of Part 4.3; or (b) a person or body (other than a school) that is or was approved under Part 4.5. Part 4.3—Registration of students and providers Division 1—Schools 4.3.1 Requirements for registration S. 4.3.1(1) amended by No. 31/2018 s. 65(5). (1) The Authority may register a school under this Division. (2) A school can be registered by the Authority in the name of the school. (3) The following persons or bodies may apply to the Authority for registration of a school— (a) in the case of a Government school, the Secretary; (b) in the case of a non-Government school, a person or body who proposes to establish or conduct the school. (4) An application to the Authority must be made in the prescribed manner and contain the prescribed particulars and information and be accompanied by any fee fixed by the Minister. (5) The Authority may require the applicant to provide further information or material in respect of the application that the Authority reasonably requires. (6) The Authority must not register a school unless the Authority is satisfied that— (a) the school policies relating to the discipline of students are based on principles of procedural fairness and do not permit corporal punishment; and S. 4.3.1(6)(b) amended by No. 3/2008 s. 5(1)(a). (b) the school complies with the minimum standards for registration prescribed by the regulations including standards relating to— (i) student learning outcomes; (ii) enrolment policies and minimum enrolment numbers; (iii) student welfare; (iv) curriculum programs; (v) governance of the school and the probity of any proprietor or person responsible for managing the school; S. 4.3.1 (6)(b)(vi) amended by No. 3/2008 s. 5(1)(b). (vi) processes for the review and evaluation of school performance; and S. 4.3.1(6)(c) inserted by No. 3/2008 s. 5(2), amended by No. 7/2015 s. 5(1). (c) if the school has enrolled a student in circumstances where the school knows, or ought reasonably to know, that the student has been diagnosed as being at risk of anaphylaxis, the school has developed an anaphylaxis management policy containing matters required by a Ministerial Order to be included in the policy; and S. 4.3.1(6)(d) inserted by No. 7/2015 s. 5(2), substituted by No. 23/2021 s. 57(1). (d) the school has developed policies, procedures, measures and practices in accordance with a Ministerial Order for compliance with the Child Safe Standards; and S. 4.3.1(6)(e) inserted by No. 23/2021 s. 57(1). (e) the school complies with the Child Safe Standards. S. 4.3.1(6A) inserted by No. 7/2015 s. 5(3). (6A) The Authority may impose reasonable conditions on the registration of the school to take effect for the whole or any part of the period of registration. S. 4.3.1(6B) inserted by No. 37/2015 s. 14. (6B) It is a condition of registration of a non‑Government school that the school or any person involved in the management or operation of the school comply with any requirements of the Authority for the purposes of the monitoring or assessment of the school's financial capabilities conducted by the Authority in accordance with section 4.3.1A. The Authority may impose a condition on a non‑Government school under section 4.3.1A(3) to put in place a protection scheme for school fees if the school is assessed by the Authority as being financially unviable or at risk of becoming financially unviable. (7) It is a condition of registration of a school that the school or any person involved in the management or operation of the school participates in the review and evaluation process under this Division, unless section 4.3.2(c) applies. S. 4.3.1(8) inserted by No. 3/2008 s. 5(3), amended by Nos 7/2015 s. 5(4), 23/2021 s. 57(2). (8) In this Act the prescribed minimum standards for registration of schools are the matters required by subsection (6)(a) to (e). S. 4.3.1A inserted by No. 37/2015 s. 15. 4.3.1A Authority may assess the financial capability of registered non-Government schools (1) The Authority may at any time monitor, or conduct an assessment of, the financial capabilities of a non-Government school registered under this Division. (2) Any monitoring or assessment conducted under subsection (1) must be conducted in accordance with the regulations and the guidelines issued under section 4.3.8A. (3) If a school is assessed by the Authority as being financially unviable or at risk of becoming financially unviable, the Authority may do one or more of the following— (a) report to parents of students at the school on the result of the assessment, including the areas in which the school is no longer financially viable; (b) in accordance with any Ministerial Order, impose a condition of registration on the school to put in place a protection scheme for fees that have been paid or are to be paid to the school in accordance with that Ministerial Order. ***fee*** includes any of the following— (a) a fee for tuition of a student; (b) a fee for an activity undertaken by a student within or outside of the school premises under the supervision of the school; (c) a refundable amount of money paid to the school in connection with the tuition of a student at the school. An example of an activity referred to in paragraph (b) is a camp or excursion organised by the school. S. 4.3.2 amended by Nos 58/2007 s. 23, 7/2015 s. 6. 4.3.2 Compliance with standards for registration The Authority may satisfy itself whether or not a school continues to comply with all or any one or more of the prescribed minimum standards for registration on the basis of— (a) the conduct of a review and evaluation by the Authority under section 4.3.3; or (b) a report from the person who conducts or represents the school or, in the case of a Government school, from the Secretary; or (c) a report of the conduct of a review and evaluation by a person or body approved by the Authority to review a school or group of schools. 4.3.3 Review of operations of schools by Authority S. 4.3.3(1) substituted by No. 7/2015 s. 7(1). (1) The Authority may arrange for a review and evaluation of the operation of a school registered under this Division in accordance with this section. S. 4.3.3(2) amended by No. 7/2015 s. 7(2). (2) The Authority at any time may conduct a general review of the operation of a school to determine whether— S. 4.3.3(2)(a) amended by No. 58/2007 s. 23. (a) having regard to the prescribed minimum standards the school has attained and continues to attain the standards required for registration; and S. 4.3.3(2)(b) amended by No. 33/2020 s. 18(1). (b) the school has complied with any condition imposed by the Authority on a registration under this Division. S. 4.3.3(2A) inserted by No. 7/2015 s. 7(3). (2A) In addition to its power to conduct a general review under subsection (2), the Authority may at any time arrange for a specific review and evaluation of the operation of a school registered under this Division to determine if the school has attained, and continues to attain, a prescribed minimum standard for registration if the Authority believes on reasonable grounds that— (a) there are matters concerning the safety of students at the school which require urgent action to be taken by the school; or S. 4.3.3 (2A)(ab) inserted by No. 37/2015 s. 16. (ab) in the case of a non-Government school, the school is financially unviable or may soon become financially unviable; or (b) exceptional circumstances exist at the school which justify a specific review and evaluation of the operation of the school being undertaken by the Authority. (2B) For the purposes of subsection (2A)(b), ***exceptional circumstances*** include, but are not limited to— (a) a serious non-compliance with a prescribed minimum standard for registration by the school; and (b) the repeated non-compliance with a prescribed minimum standard for registration by the school. S. 4.3.3(3) amended by Nos 58/2007 s. 23, 7/2015 ss 7(4), 8, 33/2020 s. 18(2), repealed by No. 23/2021 s. 70. S. 4.3.3A inserted by No. 7/2015 s. 9. 4.3.3A Undertakings by school (1) The Authority may accept a written undertaking given by the proprietor or principal of a registered school that is the subject of a review and evaluation of its operation under section 4.3.3 in connection with— (a) any matter in relation to which the Authority has a power or function under this Act; or S. 4.3.3A(1)(b) amended by No. 33/2020 s. 18(3). (b) any matter relating to non-compliance of the school with a prescribed minimum standard for registration. S. 4.3.3A(1A) inserted by No. 37/2015 s. 17. (1A) For the avoidance of doubt, a person may give an undertaking under this section to establish a trust fund into which students' fees (within the meaning of section 4.3.1A(4)) are paid and setting out the circumstances in which funds may be withdrawn from that trust fund. S. 4.3.3A(2) amended by No. 33/2020 s. 18(4). (2) For the avoidance of doubt, an undertaking given under this section or a court order made under section 4.3.3D may not be inconsistent with this Act, the regulations or a prescribed minimum standard for registration of schools. (3) A person may withdraw or vary an undertaking at any time after obtaining the consent of the Authority. S. 4.3.3B inserted by No. 7/2015 s. 9. 4.3.3B Copy of undertaking The Authority must give a copy of an undertaking given under section 4.3.3A to the person that gave the undertaking. S. 4.3.3C inserted by No. 7/2015 s. 9. 4.3.3C Register of undertakings (b) register each undertaking given under section 4.3.3A in the register of undertakings. S. 4.3.3D inserted by No. 7/2015 s. 9. 4.3.3D Authority may apply for Court order if undertaking breached (1) If the Authority considers that a person has breached any of the terms of an undertaking given by the person under section 4.3.3A, the Authority may apply to the Magistrates' Court for an order under subsection (2). (2) If the Magistrates' Court is satisfied that the person has breached a term of the undertaking, the Magistrates' Court may make all or any of the following orders— (a) an order directing the person to comply with the term of the undertaking; (b) any other order that the Magistrates' Court considers appropriate. (3) If a body corporate is found to have breached an undertaking given under section 4.3.3A— (a) each officer of the body corporate is deemed to have so breached the undertaking if the officer knowingly authorised or permitted the breach; and (b) the Magistrates' Court may, against the officer, make all or any of the orders set out in subsection (2) that the Magistrates' Court thinks appropriate. S. 4.3.3E inserted by No. 7/2015 s. 9. 4.3.3E Interim condition may be imposed on school before review completed (1) This section applies if the conduct of a review and evaluation of the operation of a school under section 4.3.3 has commenced but has not been completed. (2) The Authority may impose an interim condition on the registration of the school if the Authority believes, on reasonable grounds, that the condition is urgently required to ensure that the school continues to attain the prescribed minimum standards for registration. (3) The Authority must give the school a written notice stating the following— (a) the interim condition proposed to be imposed on the school's registration; (b) the reasons for the proposed condition; (c) the time within which the school may make submissions under subsection (4). S. 4.3.3E(4) amended by No. 2/2025 s. 20. (4) The Authority must give the school 3 days within which the school may make submissions to the Authority to show cause why the interim condition should not be imposed on the school's registration. S. 4.3.3E(5) amended by No. 33/2020 s. 18(5). (5) The Authority must consider any submissions made in accordance with subsection (4) to the Authority by the school. (6) If the Authority decides to impose the interim condition on the registration of the school, the Authority must give the school a written notice stating the following— (a) the interim condition imposed on the school's registration; (b) the reasons for imposing the condition; (c) when the condition is to be satisfied. (7) The Authority, on the application of the school, may extend the period within which submissions may be made under subsection (4). S. 4.3.3F inserted by No. 7/2015 s. 9. 4.3.3F Interim condition to be reviewed at completion of review (1) After a review and evaluation of the operation of a school has been conducted under section 4.3.3 the Authority must review any interim condition imposed on the school under section 4.3.3E in accordance with subsection (2). (2) The Authority may— (a) revoke the condition if the condition has been satisfied or, in the opinion of the Authority, the condition is no longer required; or (b) confirm, subject to the school making submissions under section 4.3.3G, that the condition is to continue to be imposed on the school with or without variation. (3) If the Authority revokes a condition under subsection (2)(a), the Authority must give written notice to the school of that revocation, which takes effect when the notice is given to the school. (4) If the Authority confirms that a condition is to continue under subsection (2)(b), the condition is taken to be a condition to be imposed under section 4.3.4(2)(d). S. 4.3.3G inserted by No. 7/2015 s. 9. 4.3.3G Procedure after decision to take action in respect of school (1) If the Authority is satisfied, after the conduct of a review and evaluation of a school in accordance with section 4.3.3, that it is in the interests of the students enrolled at the school, or in the public interest, that the Authority should take any action referred to in section 4.3.4, the Authority may take that action in accordance with this section and section 4.3.4. (2) Before making a determination to take an action the Authority must give to the school affected a written notice stating the following— (a) the action the Authority proposes to take; (b) the reasons for taking that action; (c) the time within which the school may make submissions under subsection (3). (3) The Authority must give the school affected the following period within which the school may make submissions to the Authority and to the Minister to show cause why the proposed action should not be taken— S. 4.3.3G(3)(a) amended by No. 2/2025 s. 21. (a) in the case of a general review and evaluation, 28 days after the school receives notice of the action; S. 4.3.3G(3)(b) amended by No. 2/2025 s. 21. (b) in the case of a specific review and evaluation*,* 10 days after the school receives notice of the action. (4) The Authority must— S. 4.3.3G(4)(a) amended by No. 33/2020 s. 18(6). (a) consider any submissions made in accordance with subsection (3) to the Authority; and (b) comply with any directions of the Minister given to the Authority after the Minister has considered any submissions made to the Minister about the proposed action. S. 4.3.4 (Heading) amended by No. 33/2020 s. 18(7). (5) The Authority, on the application of the school, may extend the period within which submissions may be made under subsection (3)(b). 4.3.4 Action after review of a registered school S. 4.3.4(1) amended by Nos 7/2015 s. 10(1), 33/2020 s. 18(8). (1) The Authority may, after conducting a review and evaluation of the operation of a school or considering the report of a person or body referred to in section 4.3.2 who has conducted a review and evaluation of the school, determine that the school no longer complies with the prescribed minimum standards for registration. S. 4.3.4(2) amended by No. 7/2015 s. 10(2)(3). (2) If the Authority determines that the school no longer complies with one or more of the prescribed minimum standards for registration, it may do any one or more of the following— (a) suspend or cancel the registration of the school; (b) prohibit the school from enrolling any new students; (c) require the school to report to parents of students at the school that the school does not comply with the prescribed minimum standards for registration; (d) impose conditions on the school's registration. S. 4.3.4(2A) inserted by No. 70/2008 s. 21. (2A) The Authority may substitute an action (other than the cancellation of registration) under subsection (2) in relation to a school with another action that is less onerous if the Authority considers that— (a) the school has partially complied with the requirements of the original action; and (b) the substituted action is sufficient to ensure that the school will comply with the prescribed minimum standards. S. 4.3.4(3) repealed by No. 37/2015 s. 18, new s. 4.3.4(3) inserted by No. 2/2025 s. 22. (3) The Authority must give a school written notice of— (a) a determination made by the Authority to take an action in relation to the school under subsection (2); or (b) a decision made by the Authority to substitute an action in relation to the school under subsection (2A). S. 4.3.4(4) inserted by No. 2/2025 s. 22. (4) An action taken by the Authority in relation to a school under subsection (2) or (2A) takes effect— (a) when a notice is given to the school under subsection (3); or S. 4.3.4A inserted by No. 37/2015 s. 19, substituted by No. 2/2025 s. 23. 4.3.4A Authority may suspend or cancel registration of non-Government school if school's sole or main proprietor is insolvent under administration or compulsorily wound up (1) The Authority may suspend or cancel the registration of a non-Government school if— (a) the school's sole or main proprietor is— (i) a natural person who has become an insolvent under administration; or (ii) a body corporate that has been compulsorily wound up or is subject to an order to be compulsorily wound up; and (b) the Authority is satisfied that it is in the best interests of students enrolled at the school, or in the public interest, to suspend or cancel the school's registration. (2) Before suspending or cancelling a school's registration under subsection (1), the Authority, by written notice given to the school, must— (a) notify the school of— (i) the action the Authority proposes to take; and (ii) the reasons for taking that action; and (iii) the time within which the school may make submissions under paragraph (b); and (b) give the school an opportunity to make submissions to the Authority within the following time period to show cause why the proposed action should not be taken— (i) in the case of a proposed suspension of registration, 3 days after being notified; (ii) in the case of a proposed cancellation of registration, 7 days after being notified. (3) The Authority must consider any submissions made by a non-Government school under subsection (2)(b). (4) The Authority, on the application of a non-Government school, may extend the period within which submissions may be made by the school under subsection (2)(b). (5) If the Authority decides to suspend or cancel the registration of a school under subsection (1), the Authority must give the school written notice of the Authority's decision. (6) A suspension or cancellation of a non-Government school's registration under this section takes effect— (a) when a notice is given to the school under subsection (5); or S. 4.3.4B inserted by No. 37/2015 s. 19, substituted by No. 2/2025 s. 23. 4.3.4B Authority may cancel registration of non-Government school that has ceased to operate (1) The Authority may cancel the registration of a non-Government school if— (i) is satisfied that the school has ceased to operate as a school; or (ii) has been notified by the school that the school will cease to operate as a school within 30 days after that notification; and (b) the Authority is satisfied that it is in the best interests of students enrolled at the school, or in the public interest, to cancel the school's registration. (2) If the Authority decides to cancel the registration of a school under subsection (1), the Authority must give the school written notice of the Authority's decision. (3) A cancellation of a non-Government school's registration under this section takes effect— (a) when a notice is given to the school under subsection (2); or S. 4.3.5 (Heading) amended by No. 33/2020 s. 18(9). 4.3.5 Reports relating to registered schools (1) The proprietor or principal of a registered school must provide to the Authority in accordance with the regulations a report containing the information required by the regulations. (2) The Authority may authorise a person or body which is approved by the Authority to review a school or group of schools to provide a report required by subsection (1) for the school or group of schools the person or body is approved to review. (3) A person must not wilfully provide any false or misleading information in a report under this section. 4.3.6 Notice of registration to be displayed The proprietor or principal of a registered school must have legibly printed or painted in a conspicuous place near the main entrance to the school— (a) the name of the school; and (b) the name of the proprietor or principal of the school; and (c) a statement of the fact that the school is registered and of the description under which it is registered. 4.3.7 Attendance register in registered schools The principal or person in charge of a registered school at which children of compulsory school age attend must ensure that the attendance of those children is recorded in an attendance register in accordance with the regulations. 4.3.8 Register of schools (1) The Authority must make and keep a record of the schools that are registered by the Authority in a division of the State Register. (2) The record of registered schools must include— (a) the name of the school; (b) the name of the principal or proprietor of the school; (c) the year levels of schooling the school is registered to offer. S. 4.3.8A inserted by No. 7/2015 s. 11. 4.3.8A Authority may issue guidelines S. 4.3.8A(1) substituted by No. 37/2015 s. 20. (1) The Authority may from time to time issue guidelines in relation to the following— (a) the matters in section 4.3.1(6); (b) the monitoring and conducting of assessments of the financial capabilities of non-Government schools registered under this Division. (2) The guidelines must not be inconsistent with this Act, the regulations or a Ministerial Order. (3) The guidelines may apply, adopt or incorporate any matter contained in any document issued or published by a body or person— (a) whether wholly or partially or as amended by the guidelines; or (4) The Authority must publish any guidelines issued under this section as soon as practicable in the Government Gazette. (5) Without limiting section 4.3.1(8), the regulations may require a registered school to comply with any guidelines issued under this section that apply to that school. Pt 4.3 Div. 1A (Heading and ss 4.3.8B–4.3.8Z) inserted by No. 33/2020 s. 7. Division 1A—Registration of school boarding premises S. 4.3.8B inserted by No. 33/2020 s. 7. 4.3.8B Application for registration of school boarding premises (1) The Authority may register a school boarding premises under this Division. (2) The following persons may apply to the Authority for registration of a school boarding premises— (a) in the case of a school boarding premises at which school boarding services are to be provided by or on behalf of a registered Government school, the Secretary; (b) in any other case, the person who proposes to establish and conduct the school boarding premises and provide school boarding services at the premises. (3) An application to the Authority must be made in the prescribed manner and contain the prescribed particulars and information and be accompanied by any fee fixed by the Minister. (4) The Authority may require the applicant to provide further information or material in respect of the application that the Authority reasonably requires. S. 4.3.8C inserted by No. 33/2020 s. 7. 4.3.8C Authority must not register school boarding premises unless satisfied of certain matters (1) The Authority must not register a school boarding premises unless the Authority is satisfied that— (a) the policies of the provider of school boarding services at the premises relating to the discipline of students who are boarding at the premises are based on principles of procedural fairness and do not permit corporal punishment; and (b) the provider of school boarding services at the premises has ensured that the premises and those services comply with the minimum standards for registration of school boarding premises that are prescribed by the regulations or by this Act including standards relating to the following— (i) the provider's acceptance policies for students who wish to board at the premises; (ii) the welfare of students boarding at the premises; (iii) governance of the provider of school boarding services at the premises; (iv) the probity of the provider of school boarding services at the premises and any person responsible for managing the premises; (v) processes for the review and evaluation of the premises and the school boarding services to be provided at the premises; and (c) if the provider of school boarding services at the premises has accepted a student to board at the premises and knows, or ought reasonably to know, that the student has been diagnosed as being at risk of anaphylaxis, the provider has developed an anaphylaxis management policy containing matters required by a Ministerial Order to be included in the policy; and S. 4.3.8C(1)(d) substituted by No. 23/2021 s. 58(1). (d) the provider of school boarding services at the premises has developed policies, procedures, measures and practices in accordance with a Ministerial Order for compliance with the Child Safe Standards; and S. 4.3.8C(1)(e) inserted by No. 23/2021 s. 58(1). (e) the provider complies with the Child Safe Standards. S. 4.3.8C(2) amended by No. 23/2021 s. 58(2). (2) The requirements in subsection (1)(a), (c), (d) and (e) are prescribed minimum standards for registration of school boarding premises. Prescribed minimum standards for registration of school boarding premises may also be prescribed by the regulations under subsection (1)(b). S. 4.3.8D inserted by No. 33/2020 s. 7. 4.3.8D Conditions of registration (1) The Authority may impose reasonable conditions on the registration of a school boarding premises to take effect for the whole or any part of the period of registration. (2) It is a condition of registration of a non‑government school boarding premises that the provider of school boarding services at the premises and any person involved in the management of the provider or in the operation of the premises must comply with any requirements of the Authority for the purposes of the monitoring or the assessment of the provider's financial capabilities conducted by the Authority in accordance with section 4.3.8E. The Authority may impose a condition under section 4.3.8E(3)(b) on the registration of a non‑government school boarding premises requiring the provider of school boarding services at the premises to put in place a protection scheme for school boarding fees if the provider is assessed by the Authority as being financially unviable or at risk of becoming financially unviable. (3) It is a condition of registration of a school boarding premises that the provider of school boarding services at the premises or any person involved in the management of the provider or in the operation of the premises participates in the review and evaluation process under this Division unless section 4.3.8F(c) applies. S. 4.3.8E inserted by No. 33/2020 s. 7. 4.3.8E Authority may assess the financial capability of providers of school boarding services at registered non-government school boarding premises (1) The Authority may at any time monitor, or conduct an assessment of, the financial capabilities of the provider of school boarding services at a non-government school boarding premises registered under this Division. (2) The Authority must conduct any monitoring or assessment under subsection (1) in accordance with the regulations and the guidelines issued under section 4.3.8Z. (3) If a provider of school boarding services at a non-government school boarding premises is assessed by the Authority as being financially unviable or at risk of becoming financially unviable, the Authority may do one or more of the following— (a) report to parents of students boarding at the premises on the result of the assessment, including the areas in which the provider is no longer financially viable; (b) in accordance with any Ministerial Order, impose a condition of registration on the premises that the provider put a protection scheme in place for fees that have been paid or are to be paid to the provider in accordance with that Ministerial Order. ***fee*** includes any of the following— (a) a fee for the school boarding services provided to a student at a non-government school boarding premises; (b) a fee for an activity undertaken by a student within or outside of a non‑government school boarding premises that is supervised by the provider of school boarding services at the premises; (c) a refundable amount of money paid to the provider of school boarding services at a non-government school boarding premises in connection with the provision of school boarding services at the premises. S. 4.3.8F inserted by No. 33/2020 s. 7. 4.3.8F Compliance with minimum standards for registration of school boarding premises The Authority may satisfy itself whether or not the provider of school boarding services at a registered school boarding premises has ensured that the premises or those services continue to comply with the prescribed minimum standards for registration of school boarding premises on the basis of— (a) the conduct of a review and evaluation of the operation of the premises by the Authority under section 4.3.8G or 4.3.8H; or (b) a report from— (i) in the case of a Government school boarding premises, the Secretary; and (ii) in the case of a non-government school boarding premises, the provider of the school boarding services at that premises; or (c) a report of the conduct of a review and evaluation by a person or body approved by the Authority to review a registered school boarding premises or a group of registered school boarding premises. S. 4.3.8G inserted by No. 33/2020 s. 7. 4.3.8G General review of operation of registered school boarding premises by Authority S. 4.3.8G(1) amended by No. 2/2025 s. 24. (1) The Authority may arrange for a review and evaluation of the operation of a registered school boarding premises in accordance with this section. (2) The Authority at any time may conduct a general review of the operation of a registered school boarding premises to determine whether the provider of school boarding services at the premises has ensured— (a) that the premises and those services have complied and continue to comply with the prescribed minimum standards for registration of school boarding premises; and (b) whether or not the premises and those services have complied with any condition imposed on the registration of the premises by the Authority or under this Division. S. 4.3.8H inserted by No. 33/2020 s. 7. 4.3.8H Specific review of operation of registered school boarding premises by Authority S. 4.3.8H(1) amended by No. 2/2025 s. 25. (1) In addition to conducting a general review and evaluation under section 4.3.8G, the Authority may arrange for a specific review and evaluation of the operation of a registered school boarding premises in accordance with this section. (2) The Authority may at any time arrange for a specific review and evaluation of the operation of a registered school boarding premises to determine if the provider of school boarding services at the premises has ensured that the premises and those services continue to comply with a prescribed minimum standard for registration of school boarding premises if the Authority believes on reasonable grounds that— (a) there are matters concerning the safety of students boarding at the premises that require urgent action to be taken by the provider; or (b) in the case of a non-government school boarding premises, the provider of school boarding services at the premises is financially unviable or may soon become financially unviable; or (c) exceptional circumstances exist at the premises that justify a specific review and evaluation of the operation of the premises being undertaken by the Authority. (3) For the purposes of subsection (2)(c), ***exceptional circumstances*** include, but are not limited to— (a) a serious non-compliance with a prescribed minimum standard for registration of school boarding premises; and (b) the repeated non-compliance with a prescribed minimum standard for registration of school boarding premises. S. 4.3.8I inserted by No. 33/2020 s. 7, repealed by No. 23/2021 s. 71. S. 4.3.8J inserted by No. 33/2020 s. 7. 4.3.8J Undertakings by provider of school boarding services (1) The Authority may accept a written undertaking given by the provider of school boarding services at a registered school boarding premises, which is the subject of a review and evaluation of its operation under section 4.3.8G or 4.3.8H, in connection with any matter— (a) in relation to which the Authority has a power or function under this Act; or (b) relating to non-compliance of the premises with a prescribed minimum standard for registration of school boarding premises. (2) For the avoidance of doubt, a provider of school boarding services may give an undertaking under this section to establish a trust fund into which students' fees (within the meaning of section 4.3.8E(4)) are paid and setting out the circumstances in which funds may be withdrawn from that trust fund. (3) An undertaking given under this section or a court order made under section 4.3.8M must not be inconsistent with this Act, the regulations or a prescribed minimum standard for registration of school boarding premises. (4) A provider of school boarding services may withdraw or vary an undertaking at any time after obtaining the consent of the Authority. S. 4.3.8K inserted by No. 33/2020 s. 7. 4.3.8K Copy of undertaking The Authority must give a copy of an undertaking given under section 4.3.8J to the provider of school boarding services who gave the undertaking. S. 4.3.8L inserted by No. 33/2020 s. 7. 4.3.8L Register of undertakings (b) register each undertaking given under section 4.3.8J in the register of undertakings. S. 4.3.8M inserted by No. 33/2020 s. 7. 4.3.8M Authority may apply for Court order if undertaking breached (1) If the Authority considers that a provider of school boarding services has breached any of the terms of an undertaking given by the provider under section 4.3.8J, the Authority may apply to the Magistrates' Court for an order under subsection (2). (2) If the Magistrates' Court is satisfied that the provider of school boarding services has breached a term of the undertaking, the Magistrates' Court may make all or any of the following orders— (a) an order directing the provider to comply with the term of the undertaking; (b) any other order that the Magistrates' Court considers appropriate. (3) If a body corporate is found to have breached an undertaking given under section 4.3.8J— (a) each officer of the body corporate is deemed to have breached the undertaking if the officer knowingly authorised or permitted the breach; and (b) the Magistrates' Court may make all or any of the orders set out in subsection (2) against the officer that the Magistrates' Court thinks appropriate. S. 4.3.8N inserted by No. 33/2020 s. 7. 4.3.8N Interim condition may be imposed on registered school boarding premises before review completed (1) This section applies if the conduct of a review and evaluation of the operation of a registered school boarding premises under section 4.3.8G or 4.3.8H has commenced but has not been completed. (2) The Authority may impose an interim condition on the registration of the premises if the Authority believes, on reasonable grounds, that the condition is urgently required to ensure that the provider of school boarding services at the premises ensures that the premises and those services continue to comply with the prescribed minimum standards for registration of school boarding premises. (3) The Authority must give the provider of school boarding services at the premises a written notice stating the following— (a) the interim condition proposed to be imposed on the registration of the premises; (b) the reasons for the proposed condition; (c) the time within which the provider may make submissions under subsection (4). S. 4.3.8N(4) amended by No. 2/2025 s. 26. (4) The Authority must give the provider of school boarding services at the premises 3 days within which the provider may make submissions to the Authority to show cause why the interim condition should not be imposed on the registration of the premises. (5) The Authority must consider any submissions made in accordance with subsection (4) to the Authority by the provider. (6) If the Authority decides to impose the interim condition on the registration of the premises, the Authority must give the provider of school boarding services at the premises a written notice stating the following— (a) the interim condition imposed on the registration of the premises; (b) the reasons for imposing the condition; (c) when the condition is to be satisfied. (7) The Authority, on the application of the provider of school boarding services at the premises, may extend the period within which submissions may be made under subsection (4). S. 4.3.8O inserted by No. 33/2020 s. 7. 4.3.8O Interim condition on school boarding premises to be reviewed at completion of review (1) After a review and evaluation of the operation of a registered school boarding premises has been conducted under section 4.3.8G or 4.3.8H the Authority must review any interim condition imposed on the premises under section 4.3.8N in accordance with subsection (2). (2) The Authority may— (a) revoke the interim condition if the condition has been satisfied or, in the opinion of the Authority, the condition is no longer required; or (b) confirm, subject to the provider of school boarding services at the school boarding premises making submissions under section 4.3.8P, that the condition is to continue to be imposed on the premises with or without variation. (3) If the Authority revokes a condition under subsection (2)(a), the Authority must give written notice of that revocation to the provider of school boarding services at the school boarding premises, which takes effect when the notice is given to the provider. (4) If the Authority confirms that a condition is to continue under subsection (2)(b), the condition is taken to be a condition imposed under section 4.3.8Q(2)(d). S. 4.3.8P inserted by No. 33/2020 s. 7. 4.3.8P Procedure after decision to take action in respect of registered school boarding premises (1) If the Authority is satisfied, after the conduct of a review and evaluation of a registered school boarding premises under section 4.3.8G or 4.3.8H, that it is in the interests of the students boarding at the premises, or in the public interest, that the Authority should take any action referred to in section 4.3.8Q, the Authority may take that action in accordance with this section and section 4.3.8Q. (2) Before making a determination to take an action the Authority must give to the provider of school boarding services at the school boarding premises a written notice stating the following— (a) the action the Authority proposes to take; (b) the reasons for taking that action; (c) the time within which the provider may make submissions under subsection (3). (3) The Authority must give the provider of school boarding services at the school boarding premises the following period (as the case requires) within which the provider may make submissions to the Authority and to the Minister to show cause why the proposed action should not be taken— S. 4.3.8P(3)(a) amended by No. 2/2025 s. 27. (a) in the case of a general review and evaluation, 28 days after the provider receives notice of the action; S. 4.3.8P(3)(b) amended by No. 2/2025 s. 27. (b) in the case of a specific review and evaluation*,* 10 days after the provider receives notice of the action. (4) The Authority must— (a) consider any submissions made to the Authority in accordance with subsection (3); and (b) comply with any directions of the Minister given to the Authority after the Minister has considered any submissions made to the Minister about the proposed action. (5) The Authority, on the application of the provider of school boarding services at the school boarding premises, may extend the period within which submissions may be made under subsection (3)(b). S. 4.3.8Q inserted by No. 33/2020 s. 7. 4.3.8Q Action after review of a registered school boarding premises (1) The Authority, after conducting a review and evaluation of the operation of a registered school boarding premises or considering the report of a person or body referred to in section 4.3.8F who has conducted a review and evaluation of the premises, may determine that the provider of school boarding services at the premises has not ensured that the premises and those services continue to comply with the prescribed minimum standards for registration of school boarding premises. (2) If the Authority determines that the school boarding premises or the school boarding services no longer comply with the prescribed minimum standards for registration of school boarding premises, it may do any one or more of the following— (a) suspend or cancel the registration of the premises; (b) prohibit the provider of school boarding services at the premises from accepting any new students to board at the premises; (c) require the provider of school boarding services at the premises to report to parents of students boarding at the premises that the premises does not comply with the prescribed minimum standards for registration of school boarding premises; (d) impose conditions on the registration of the premises. (3) The Authority may substitute an action (other than the cancellation of registration) under subsection (2) in relation to a school boarding premises with another action that is less onerous if the Authority considers that— (a) the provider of school boarding services at the premises has partially complied with the requirements of the original action; and (b) the substituted action is sufficient to ensure that the premises will comply with the prescribed minimum standards for registration of school boarding premises. S. 4.3.8Q(4) inserted by No. 2/2025 s. 28. (4) The Authority must give the provider of school boarding services at a registered school boarding premises written notice of— (a) a determination made by the Authority to take an action in relation to the premises or the provider under subsection (2); or (b) a decision made by the Authority to substitute an action in relation to the premises or the provider under subsection (3). S. 4.3.8Q(5) inserted by No. 2/2025 s. 28. (5) An action taken by the Authority in relation to a registered school boarding premises or the provider of school boarding services at the premises under subsection (2) or (3) takes effect— (a) when a notice is given to the provider under subsection (4); or S. 4.3.8R inserted by No. 33/2020 s. 7, substituted by No. 2/2025 s. 29. 4.3.8R Authority may suspend or cancel registration of non-government school boarding premises if provider is insolvent under administration or compulsorily wound up (1) The Authority may suspend or cancel the registration of a non-government school boarding premises if— (a) the provider of school boarding services at the premises is— (i) a natural person who has become an insolvent under administration; or (ii) a body corporate that has been compulsorily wound up or is subject to an order to be compulsorily wound up; and (b) the Authority is satisfied that it is in the best interests of students boarding at the premises, or in the public interest, to suspend or cancel the registration of the premises. (2) Before suspending or cancelling the registration of a school boarding premises under subsection (1), by written notice given to the provider of school boarding services at the premises, the Authority must— (a) notify the provider of— (i) the action the Authority proposes to take; and (ii) the reasons for taking that action; and (iii) the time within which the provider may make submissions under paragraph (b); and (b) give the provider an opportunity to make submissions to the Authority within the following time period to show cause why the proposed action should not be taken— (i) in the case of a proposed suspension of registration, 3 days after being notified; (ii) in the case of a proposed cancellation of registration, 7 days after being notified. (3) The Authority must consider any submissions made by the provider of school boarding services at the premises under subsection (2)(b). (4) The Authority, on the application of the provider of school boarding services at the premises, may extend the period within which submissions may be made by the provider under subsection (2)(b). (5) If the Authority decides to suspend or cancel the registration of a school boarding premises under subsection (1), the Authority must give the provider of school boarding services at the premises written notice of the Authority's decision. (6) A suspension or cancellation of the registration of a non-government school boarding premises under this section takes effect— (a) when a notice is given to the provider of school boarding services at the premises under subsection (5); or S. 4.3.8S inserted by No. 33/2020 s. 7, substituted by No. 2/2025 s. 29. 4.3.8S Authority may cancel registration of non‑government school boarding premises that has ceased to operate (1) The Authority may cancel the registration of a non-government school boarding premises if— (i) is satisfied that the premises has ceased to operate as a school boarding premises; or (ii) has been notified by the provider of school boarding services at the premises that the premises will cease to operate as a school boarding premises within 30 days after that notification; and (b) the Authority is satisfied that it is in the best interests of students accepted to board at the premises, or in the public interest, to cancel the registration of the premises. (2) If the Authority decides to cancel the registration of a school boarding premises under subsection (1), the Authority must give the provider of school boarding services at the premises written notice of the Authority's decision. (3) A cancellation of the registration of a non‑government school boarding premises under this section takes effect— (a) when a notice is given to the provider of school boarding services at the premises under subsection (2); or S. 4.3.8T inserted by No. 33/2020 s. 7, amended by No. 2/2025 s. 30. 4.3.8T Provider of school boarding services must give notice of action taken in relation to school boarding premises to students' parents The provider of school boarding services at a school boarding premises must notify the parents of each student who is boarding at the premises of any notice under section 4.3.8Q(4), 4.3.8R(5) or 4.3.8S(2) given to the provider of a determination of the Authority to suspend or cancel the registration of the premises or to impose a condition on the registration of the premises as soon as is practicable after receiving the notice. S. 4.3.8U inserted by No. 33/2020 s. 7. 4.3.8U Authority to notify parents of its actions if provider does not notify them If the Authority becomes aware that a provider of school boarding services at a school boarding premises has not notified parents of students boarding at the premises of the matters referred to in section 4.3.8T, the Authority must notify the parents of those matters as soon as is practicable. S. 4.3.8V inserted by No. 33/2020 s. 7. 4.3.8V Reports relating to registered school boarding premises (1) The provider of school boarding services at a registered school boarding premises must provide to the Authority, in accordance with the regulations, a report containing the information required by the regulations. (2) The Authority may authorise a person or body, which is approved by the Authority, to review a registered school boarding premises or a group of registered school boarding premises, to provide a report required by subsection (1) for the premises or group of registered school boarding premises that the person or body is approved to review. (3) A person must not wilfully provide any false or misleading information in a report under this section. S. 4.3.8W inserted by No. 33/2020 s. 7. 4.3.8W Notice of registration of school boarding premises to be displayed The provider of school boarding services at a registered school boarding premises must ensure that there is legibly printed or painted in a conspicuous place near the main entrance to the premises— (a) the name of the premises; and (b) the name of the provider; and (c) a statement of the fact that the premises is registered. S. 4.3.8X inserted by No. 33/2020 s. 7. 4.3.8X Providers of school boarding services must keep record of location of students The provider of school boarding services at a registered school boarding premises must ensure that a record is kept at the premises of the location of every student boarding at the premises at any time of the day or night in accordance with the regulations. S. 4.3.8Y inserted by No. 33/2020 s. 7. 4.3.8Y Register of school boarding premises (1) The Authority must make and keep a record of the school boarding premises that are registered by the Authority in a division of the State Register. (2) The record of registered school boarding premises must include— (a) the name of the premises; and (b) the name of the provider of school boarding services at the premises. S. 4.3.8Z inserted by No. 33/2020 s. 7. 4.3.8Z Authority may issue guidelines (1) The Authority may from time to time issue guidelines in relation to the following— (a) the matters referred to in sections 4.3.8C and 4.3.8D; (b) the monitoring and conducting of assessments of the financial capabilities of providers of school boarding services at non‑government school boarding premises registered under this Division. (2) The guidelines must not be inconsistent with this Act, the regulations or a Ministerial Order. (3) The guidelines may apply, adopt or incorporate any matter contained in any document issued or published by a body or person— (a) whether wholly or partially or as amended by the guidelines; or (4) The Authority must publish any guidelines issued under this section as soon as practicable in the Government Gazette. (5) Without limiting section 4.3.8C(2), the regulations may require a registered school boarding premises and the school boarding services provided at the premises to comply with any guidelines issued under this section that apply to the premises. Division 2—Registration of students for home schooling S. 4.3.9 amended by No. 58/2007 s. 24 (ILA s. 39B(1)). 4.3.9 Authority to register students for home schooling (1) The Authority may— (a) register a student for home schooling in accordance with the regulations; and (b) cancel the registration of a student for home schooling if— (i) the parents of the student or the student refuse permission to authorised officers of the Authority to review the educational program, material or other records used for or related to the home schooling of the student to determine whether the requirements of the registration or the regulations relating to home schooling are being complied with; or (ii) the parents or the student fail to comply with the requirements of the registration or any regulations relating to home schooling. S. 4.3.9(2) inserted by No. 58/2007 s. 24. ***student*** means a child— (a) who is, or will be, at least 6 years old during the year that he or she is registered for home schooling; and (b) who is under the age of 18 years. Pt 4.3 Div. 3 (Heading) amended by No. 71/2010 s. 8. Division 3—School sector registration S. 4.3.9A inserted by No. 71/2010 s. 9, amended by No. 45/2021 s. 5. 4.3.9A Application of Division This Division only applies to the registration of persons or bodies or schools in respect of accredited senior secondary courses, registered senior secondary qualifications, accredited foundation secondary courses and registered foundation secondary qualifications. Example to s. 4.3.9A substituted by No. 45/2021 s. 16. Senior secondary courses can include programs provided for the Victorian Certificate of Education (VCE), the Victorian Certificate of Applied Learning (VCAL) and the International Baccalaureate Diploma (IBD). Foundation secondary courses can include programs provided for the Victorian Pathways Certificate (VPC). A person or body or school will also need to comply with Division 4 in relation to the provision of senior secondary courses that are vocational and education or further education courses. 4.3.10 Registration of education and training organisations (1) The Authority may register a person, body or school under this Division. S. 4.3.10(2) amended by Nos 71/2010 s. 10(1), 39/2012 s. 62(3), 45/2021 s. 6. (2) The following persons or bodies may apply to the Authority for registration of a person, body or school on the State Register with respect to an accredited senior secondary course, registered senior secondary qualification, accredited foundation secondary course or registered foundation secondary qualification— (a) a person or body that provides or proposes to provide an accredited course or the principal of a school that provides or proposes to provide an accredited course; (b) a registered education and training organisation that proposes to provide an accredited course in addition to any other course that the organisation is registered on the State Register to provide; (c) any person or body that proposes to award, confer or issue a registered qualification; S. 4.3.10(2)(d) amended by No. 58/2007 s. 25. (d) a registered education and training organisation that proposes to award, confer or issue a registered qualification in addition to any other registered qualification that the organisation is registered on the State Register to award, confer or issue. (3) An application must be in the form approved by the Authority and accompanied by any fee fixed by the Minister. (4) The applicant must give the Authority any further information it requires to investigate and decide the application. S. 4.3.10(5)(6) repealed by No. 71/2010 s. 10(2). (7) A registration may be limited or restricted by reference to— (a) the course or class of courses determined by the Authority; or (b) the qualification or class of qualifications determined by the Authority; or (c) any other circumstances determined by the Authority. S. 4.3.10(8) inserted by No. 2/2025 s. 31. (8) The Authority may impose any conditions on a registration under this Division that the Authority considers appropriate. 4.3.11 Criteria for registration (1) The Authority must not register a person, body or school under this Division unless it is satisfied that the person, body or school complies with the prescribed minimum standards for registration including standards for— (a) student learning outcomes and welfare services; (b) student enrolment records and certification; (c) teaching, learning and assessment; (d) governance, probity and compliance with statutory requirements; S. 4.3.11(1)(e) amended by No. 58/2007 s. 26(1). (e) quality assurance, review and evaluation processes. S. 4.3.11(1)(f) repealed by No. 58/2007 s. 26(2). S. 4.3.11(1A) inserted by No. 58/2007 s. 26(3). (1A) Without limiting subsection (1), the prescribed minimum standards for registration may require a person, body or school to comply with any guidelines issued by the Authority under this Division. S. 4.3.11(1B) inserted by No. 23/2021 s. 59(1). (1B) Without limiting subsection (1), it is a prescribed minimum standard for registration under this Division that a person, body or school covered by section 4.3.10(2)(a), (b) or (d) for which the Authority is an integrated sector regulator comply with the Child Safe Standards. (2) In determining whether to register a person, body or school the Authority may have regard to whether the person, body or school, any person involved in the management of the person, body or school or any person involved in the business of the provision of courses by the person, body or school— S. 4.3.11(2)(a) amended by No. 58/2007 s. 26(4). (a) has ever had their registration under this Division suspended or cancelled; or S. 4.3.11(2)(b) amended by No. 58/2007 s. 26(4). (b) has ever had conditions imposed on their registration under this Division; or (c) has ever been convicted of an indictable offence; or (d) has ever become bankrupt or taken the benefit of any law for the relief of bankrupt debtors, or compounded with their creditors or made an assignment of their property for their benefit; or (e) has ever been disqualified from managing corporations under Part 2D.6 of the Corporations Act; or (f) was involved in the provision of courses by another person or body who is covered by paragraph (a) to (e) at the time of the events that gave rise to the relevant prosecution or other action. S. 4.3.11(3) amended by No. 23/2021 s. 59(2). (3) The Authority may from time to time issue guidelines about the matters referred to in subsection (1), (1B) or (2). 4.3.12 Terms of registration (1) A registration remains in force for a period specified by the Authority not exceeding 5 years unless sooner suspended or cancelled. S. 4.3.12(1A) inserted by No. 27/2010 s. 59(1), amended by No. 45/2021 s. 7. (1A) Despite subsection (1), if a registered school is registered with respect to the provision of an accredited senior secondary course or an accredited foundation secondary course, that registration remains in force until it is suspended or cancelled under subsection (3), (5) or (6). (2) A registered person, body or school must pay the fees for registration of that person, body or school. (3) The Authority may suspend or cancel a registration. (4) In determining whether to suspend or cancel a registration the Authority may have regard to— (a) whether the registration fees have been paid; (b) any of the matters mentioned in section 4.3.11(1). S. 4.3.12(5) inserted by No. 27/2010 s. 59(2), amended by No. 45/2021 s. 7. (5) The registration of a registered school with respect to an accredited senior secondary course or an accredited foundation secondary course is cancelled if any of the following things occur— S. 4.3.12(5)(a) amended by No. 45/2021 s. 17. (a) in the case of registration with respect to the VCE, VCAL or the VPC, the Victorian Curriculum and Assessment Authority withdraws its acceptance; (b) in the case of registration with respect to the International Baccalaureate Diploma, the International Baccalaureate Organisation withdraws its approval; (c) the accreditation of the course is cancelled by the Authority under Part 4.4; (d) the Authority cancels the registration of the school under section 4.3.4; (e) the Authority imposes a condition on the registration of the school under section 4.3.4 prohibiting the school from providing education for students in years 11 and 12; (f) the school is no longer registered in respect of providing education for students in years 11 and 12. S. 4.3.12(6) inserted by No. 27/2010 s. 59(2), amended by No. 45/2021 s. 7. (6) The registration of a registered school with respect to an accredited senior secondary course or an accredited foundation secondary course is suspended if the Authority suspends the registration of the school under section 4.3.4, the period of suspension being the same as the period of suspension of the school's registration. Pt 4.3 Div. 4 (Heading) substituted by No. 71/2010 s. 11. Division 4—Nationally recognised vocational education and training S. 4.3.12A inserted by No. 71/2010 s. 12. 4.3.12A Intent of Division The intent of this Division is to establish a system for the registration and regulation of vocational education and training organisations, which is consistent with, and implements, the AQTF. S. 4.3.13 amended by No. 39/2012 s. 62(4). 4.3.13 Application of Division This Division only applies to vocational education and training and further education. S. 4.3.13(2) repealed by No. 71/2010 s. 13. 4.3.14 Registration and national effect of registration A training organisation or a course is to be treated as being registered on the National Register, to the extent that details of the training organisation or course are recorded on the National Register— (a) for the purposes of this Act, by the Authority; (b) for the purposes of a corresponding law of another jurisdiction by the body responsible for registering providers of education or training or accrediting courses in that jurisdiction; (c) for the purposes of this Act, a corresponding law or a regulation made under this Act. S. 4.3.15 substituted by No. 71/2010 s. 14. 4.3.15 Applying for registration A person, body or principal of a school may apply to the Authority for registration on the National Register of the person, body or school as an education and training organisation. 4.3.16 Decision about registration (1) On an application for registration, the Authority may register the applicant as a training organisation on the National Register, or refuse to do so. (2) In deciding the application, the Authority must apply the RTO standards. S. 4.3.16(2A) inserted by No. 71/2010 s. 15(1). (2A) In deciding the application, the Authority must take into account— (a) whether the applicant or a high managerial agent of the applicant— (i) has ever become bankrupt or taken the benefit of any law for the relief of bankrupt debtors, or compounded with their creditors or made an assignment of their property for their benefit; or (ii) has ever been a director of a company or body that has been wound up; or (iii) has ever been disqualified from managing corporations under Part 2D.6 of the Corporations Act; or (b) whether the applicant or a high managerial agent of the applicant has ever been convicted of— (2A)(b)(i) amended by Nos 31/2018 s. 34, 33/2020 s. 18(10). (i) a category A offence; or (ii) an offence that involves fraud or dishonesty; or (2A)(b)(iii) amended by No. 4/2017 s. 17(1)(a). (iii) an offence against a Consumer Act within the meaning of the **Australian Consumer Law and Fair Trading Act 2012** or a law relating to company administration, including financial administration; or (iv) an offence equivalent to an offence described in subparagraph (i), (ii) or (iii) in another jurisdiction; or (c) whether the applicant or a high managerial agent of the applicant has ever had their registration under this Division suspended or cancelled; or S. 4.3.16 (2A)(d) amended by No. 73/2012 s. 14(1). (d) whether the applicant or a high managerial agent of the applicant has ever had conditions imposed on their registration under this Division during the registration period; or S. 4.3.16 (2A)(e) inserted by No. 73/2012 s. 14(2), amended by No. 23/2021 s. 60(a). (e) whether the applicant or a high managerial agent of the applicant has ever breached a government training contract; or S. 4.3.16(2A)(f) inserted by No. 23/2021 s. 60(b), amended by No. 2/2025 s. 48. (f) whether the applicant or a high managerial agent of the applicant has ever failed to comply with the Child Safe Standards. S. 4.3.16(2B) inserted by No. 71/2010 s. 30(1). (2B) In deciding the application, the Authority must also take into account whether the applicant has an effective complaint handling process to handle complaints by past, current or prospective students if the applicant is required to have such a process under Part 4.6A. S. 4.3.16(2C) inserted by No. 32/2022 s. 57(1). (2C) In deciding the application, the Authority may conduct a compliance audit of the applicant and the relevant premises (within the meaning of section 5.8.3B) from which the applicant proposes to operate. (3) The Authority must not grant the application unless— (a) on registration under the application, the applicant will not otherwise be registered as a training organisation by a registering body; and (b) the Authority considers that the applicant's principal place of business is in Victoria or all or most of its operations will be conducted in Victoria; and (3)(ba) inserted by No. 71/2010 s. 15(2). (ba) the applicant has a clearly demonstrated capacity to provide vocational education and training of a satisfactory standard; and (3)(bb) inserted by No. 71/2010 s. 26(1). (bb) the Authority is satisfied that the applicant— (i) has the principal purpose of providing education and training; or See subsection (4C) which allows applicants to provide certain prescribed ancillary services and not fall outside of having the principal purpose of providing education and training. (ii) is a school that is registered under this Act; and (3)(bc) inserted by No. 71/2010 s. 15(2). (bc) the applicant has paid any fee fixed by the Minister in respect of the application; and (3)(bd) inserted by No. 71/2010 s. 15(2), amended by No. 32/2022 s. 57(2)(a). (bd) the Authority is satisfied that any other criterion prescribed by the regulations has been complied with. (3)(c) amended by No. 71/2010 s. 15(3), repealed by No. 32/2022 s. 57(2)(b). S. 4.3.16(3A) inserted by No. 71/2010 s. 30(2). (3A) The Authority must not grant the application unless the Authority is satisfied that the applicant has an effective complaint handling process to handle complaints by past, current or prospective students if the applicant is required to have such a process under Part 4.6A. S. 4.3.16(4) repealed by No. 32/2022 s. 57(3). S. 4.3.16(4A) inserted by No. 71/2010 s. 26(2). (4A) Despite subsection (3)(bb), the following persons or bodies are not required to have the principal purpose of providing education and training— (a) a University; (b) a TAFE institute; (4A)(c) substituted by No. 32/2022 s. 45. (c) AMES Australia; (d) a school; (e) a person or body receiving a grant subsidy or loan by the Adult, Community and Further Education Board (within the meaning of Part 3.3) in relation to the provision of adult, community and further education; (f) a public sector body within the meaning of the **Public Administration Act 2004**; (g) any department or public statutory authority of the Commonwealth or of another State or Territory; (h) a prescribed person or body or person or body of a prescribed class of person or body; (i) a person or body exempted by the Minister under subsection (4B) from the requirement to have the principal purpose of providing education and training under subsection (3)(bb). S. 4.3.16(4B) inserted by No. 71/2010 s. 26(2). (4B) The Minister may grant an exemption to a person or body from the requirement to have the principal purpose of providing education and training under subsection (3)(bb) if— (a) the person or body is a community based organisation; or (b) the person or body provides education and training services on a not-for-profit basis; or (c) the person or body provides education and training only to its staff members or staff members of related entities. S. 4.3.16(4C) inserted by No. 71/2010 s. 26(2). (4C) For the purposes of subsection (3)(bb)(i), the principal purpose of providing education and training includes the provision of prescribed ancillary services to students. S. 4.3.16(5) amended by Nos 71/2010 ss 15(4), 30(3), 32/2022 s. 57(4). (5) Subsections (2), (2A), (2B), (2C), (3) and (3A) do not limit the grounds on which the Authority may decide not to grant the application. S. 4.3.16(5A) inserted by No. 71/2010 s. 15(5), repealed by No. 32/2022 s. 57(5). (6) The Authority may impose reasonable conditions on the registration of the training organisation to take effect for the period of registration. (7) A condition imposed under subsection (6)— (a) must apply for all jurisdictions (it can not be limited in effect to a particular place or jurisdiction); and (b) must be consistent with this Act and the RTO standards. (8) If the Authority decides to grant the application, the Authority must— (a) register the applicant as a training organisation and the applicant's scope of registration; and (b) if the Authority imposes a condition under subsection (6)— (i) give the applicant a notice of the decision; and (ii) register the condition for the applicant. (9) The Authority must comply with subsection (8)— (a) immediately after granting the application; or S. 4.3.16(9)(b) amended by No. 71/2010 s. 15(6)(a). (b) if the application is a transfer application mentioned in section 4.3.22, immediately after the existing registration of the training organisation is cancelled under section 4.3.24; or S. 4.3.16(9)(c) inserted by No. 71/2010 s. 15(6)(b). (c) if a condition is imposed during the registration period, immediately after the decision is made to impose the condition. (10) If the Authority decides not to grant the application, the Authority must immediately give the applicant a notice of its decision. 4.3.17 Registration conditions (1) Registration of an RTO under this Division is subject to— (a) conditions imposed under subsection (2); and (b) registered conditions imposed— (i) under section 4.3.16(6) or 4.3.21(2); or (ii) by another registering body under a provision of a corresponding law corresponding to section 4.3.21(2)(a). (2) For an RTO registered under section 4.3.16, the following conditions are imposed for the RTO's period of registration— S. 4.3.17(2)(a) substituted by No. 45/2021 s. 19. (a) subject to section 4.3.17A, the RTO must comply with requirements stated to apply to an RTO under the RTO standards; S. 4.3.17 (2)(ab) inserted by No. 23/2021 s. 61. (ab) the RTO must comply with the Child Safe Standards, if the RTO is a relevant entity for which the Authority is an integrated sector regulator; (b) the RTO must give notice to the Authority of the following matters as soon as practicable after they happen— (i) any substantial change to the RTO's control, management or operations; (ii) any matter the RTO standards state the RTO must give notice of to the Authority; (c) the RTO— (i) must submit to any compliance audit conducted by the Authority under section 4.3.25; and (ii) if a particular compliance audit shows the RTO does not comply with the RTO standards (other than the legislative compliance standard), must take all necessary steps to comply with the standards; (d) the RTO must submit to any compliance audit conducted by another registering body under a provision of a corresponding law corresponding to section 4.3.26; S. 4.3.17 (2)(da) inserted by No. 71/2010 s. 16(1). (da) the RTO must pay the fees for registration fixed by the Minister; (e) the RTO must not contravene a provision of this Act or a corresponding law; (f) the RTO must give to the Authority any information about any of its operations reasonably required by the Authority; (g) the RTO must give to the Authority any information reasonably required by it relating to a registered condition imposed by the Authority under section 4.3.21; (h) the RTO must give to another registering body any information reasonably required by the other registering body under a provision of a corresponding law corresponding to section 4.3.21(2)(a). S. 4.3.17(2A) inserted by No. 71/2010 s. 16(2). (2A) The conditions imposed by the Authority under section 4.3.16(6) or 4.3.21(2) must— (a) relate to the obligations of an RTO under this Act or the regulations or the RTO standards; and (b) be imposed for the purpose of— (i) improving compliance with those obligations; or (ii) preventing, or minimising the risk of, non-compliance with those obligations; or (iii) protecting the interests of students enrolled with the RTO or the public interest. Section 4.3.12A refers to the intent of this Division, which is to establish a scheme for the registration and regulation of vocational education and training organisations that is consistent with, and implements, the AQTF. S. 4.3.17(2B) inserted by No. 71/2010 s. 16(2). (2B) Conditions may be imposed under section 4.3.16(6) on or during the period of registration. S. 4.3.17(2C) inserted by No. 71/2010 s. 16(2). (2C) The conditions imposed under section 4.3.16(6) may be conditions that apply to a particular RTO or that apply generally to RTOs or a class of RTOs. S. 4.3.17(2D) inserted by No. 71/2010 s. 16(2). (2D) The Authority must give an RTO or RTOs 28 days to make written submissions on a proposal to impose a condition on the registration of the RTO or RTOs during the period of registration and must consider any submissions before deciding whether or not to impose the condition. (3) Conditions mentioned in subsections (1) and (2) to which an RTO is subject apply in relation to the operations of the RTO in every jurisdiction, unless the contrary intention appears. (4) An RTO must not contravene a condition of its registration. (5) It is declared that a condition to which an RTO registered by another registering body is expressed to be subject in Victoria under a provision of a corresponding law corresponding to subsection (3) has effect for Victoria. S. 4.3.17A inserted by No. 45/2021 s. 20. 4.3.17A The Authority may extend the 12 month period regarding an RTO's management of the transition from superseded training packages (1) For the purposes of enabling an RTO to comply with the requirements stated to apply to the RTO under the RTO standards, the Authority may extend the 12 month period referred to in Condition 9 of the AQTF 2010 Essential Conditions and Standards for Continuing Registration regarding an RTO's management of the transition from superseded training packages. (2) For the purposes of subsection (1), the Authority may extend the 12 month period on its own initiative or on an application from an RTO or an interested party. (3) An application referred to under subsection (2) must be— (a) made in the form approved by the Authority; and (b) accompanied by the relevant fee fixed by the Minister. (4) The applicant must give the Authority any further information it requires to investigate and decide the application. (5) The Authority must not extend the 12 month period unless it is satisfied that— (a) there would be a disadvantage to vocational education and training students if the Authority did not extend the 12 month period; or (b) exceptional circumstances exist. (6) If the Authority decides to extend the 12 month period, either as a result of an application or on its own initiative, the Authority must ensure that details of the extension are published as soon as practicable in the Government Gazette and on the Authority's website. (7) A decision made by the Authority to extend the 12 month period under this section applies to all RTOs that include the relevant superseded qualification in the RTOs' scope of registration as a result of the superseded training package. (8) In this section— ***AQTF 2010 Essential Conditions and Standards for Continuing Registration*** means the AQTF 2010 Essential Conditions and Standards for Continuing Registration as endorsed by the Ministerial Council on 9 June 2010 and as amended from time to time by the Ministerial Council; ***interested party*** includes an industry group or a training provider but does not include a vocational education and training student or group of vocational education and training students. 4.3.18 Term of registration Registration may be for a term up to 5 years and may be renewed, if application for renewal is made before the registration expires. S. 4.3.18A inserted by No. 71/2010 s. 17. 4.3.18A Guidelines (1) The Authority may issue guidelines in relation to the following— (a) matters relating to the criteria for registration or refusal of registration under this Division; (b) matters relating to the criteria or grounds for— (i) the suspension or cancellation of registration under this Division; or (ii) the amendment of the scope of such registration or the registered conditions on such registration; or (iii) the imposing of a new condition on such registration; (c) conditions imposed on registration by the Authority including— (i) the matters in relation to which conditions may be imposed; and (ii) the types of conditions that may be imposed; and (iii) the circumstances in which conditions may be imposed; and (iv) the measures to be taken by RTOs to comply with those conditions; (d) matters relating to the RTO standards including matters relating to— (i) the planning, operation and management of the business of RTOs, including financial management; (ii) assessing and monitoring the financial capabilities of RTOs; (iii) quality assurance, review and evaluation processes of RTOs; (e) matters relating to student learning outcomes and welfare services achieved or provided by RTOs; (f) matters relating to teaching, learning and assessment provided by RTOs; (g) matters relating to governance, probity and compliance with statutory requirements carried out or achieved by RTOs; S. 4.3.18A (1)(ga) inserted by No. 23/2021 s. 62. (ga) matters relating to compliance with the Child Safe Standards; (h) matters relating to the keeping of records by RTOs; (i) matters relating to the circumstances in which the Authority may register an RTO for less than 5 years. (2) The Authority in preparing the guidelines must consider— (a) the RTO standards; and (b) any guidelines issued under a law of the Commonwealth or of another State or Territory implementing the principles set out in the AQTF relating to the registration of vocational education and training organisations. (3) The guidelines must not be inconsistent with— (a) this Act or the regulations; or (b) the RTO standards. (4) The guidelines may apply, adopt or incorporate any matter contained in any document issued, or published by a body or person whether— (a) wholly or partially or as amended by the guidelines; or (5) The regulations may require a person, body or school to comply with any guidelines issued under this section. 4.3.19 Amending registration on application by registered education and training organisation (1) The Authority may, on application by an RTO that was registered by it, amend the RTO's registered details. (2) If the application is to amend the RTO's scope of registration or registered conditions— (a) the application must be in the form approved by the Authority and accompanied by any fee fixed by the Minister; and (b) the RTO must give the Authority any information reasonably required by it to decide the application. (3) For an application mentioned in subsection (2), section 4.3.16 applies as if it were an application under section 4.3.16, subject to the following— (a) section 4.3.16(3)(a) is not relevant; S. 4.3.19(3)(b) amended by No. 32/2022 s. 58(a). (b) section 4.3.16(3)(b) applies in relation to the scope of registration or registered conditions amended in accordance with the application. S. 4.3.19(3)(c) repealed by No. 32/2022 s. 58(b). 4.3.20 Removal of registered details The Authority must remove from the National Register the details of an RTO registered by it— (a) if the RTO's registration expires; or (b) if the RTO applies to the Authority to have its registration cancelled and the Authority grants the application. 4.3.21 Amending, suspending or cancelling registration without application S. 4.3.21(1) amended by No. 71/2010 ss 27(1), 30(4). (1) An object of this section is to ensure that, of all registering bodies, the registering body that registers an RTO has the primary responsibility to take action against the RTO if a ground mentioned in subsection (3), (3A) or (3B) arises. S. 4.3.21(2) amended by No. 71/2010 ss 27(1), 30(4). (2) On one or more of the grounds mentioned in subsection (3), (3A) or (3B), the Authority may on its own initiative— S. 4.3.21(2)(a) amended by No. 70/2008 s. 22. (a) amend the scope of registration or registered conditions, or impose a new condition on the registration, of an RTO that was registered by another registering body, but only to impose a restriction applying in this jurisdiction; or S. 4.3.21(2)(b) amended by No. 70/2008 s. 22. (b) amend the scope of registration or registered conditions, or impose a new condition on the registration, of an RTO that was registered by it, including by imposing a restriction applying in this or another jurisdiction; or (c) suspend the registration, or part of the scope of registration, of an RTO that was registered by it, by imposing a prohibition applying in this or another jurisdiction while the suspension is in force; or (d) cancel the registration of an RTO that was registered by it. S. 4.3.21(3) substituted by No. 71/2010 s. 18. (3) The grounds are as follows— (a) the registration, or part of the scope of registration, was obtained because of incorrect or misleading information; (b) the RTO has contravened a condition of registration; (c) the RTO or a high managerial agent of the RTO has not complied with or does not have a record of compliance with RTO standards; (d) the RTO or a high managerial agent of the RTO— (i) has become bankrupt or taken the benefit of a law for the relief of bankrupt debtors, or compounded with their creditors or made an assignment of their property for their benefit; or (ii) is a director of a company or body that has been wound up; or (iii) has been disqualified from managing corporations under Part 2D.6 of the Corporations Act; or (e) the RTO or a high managerial agent of the RTO has been convicted of— S. 4.3.21 (3)(e)(i) amended by Nos 31/2018 s. 35, 33/2020 s. 18(11). (i) a category A offence; or (ii) an offence that involves fraud or dishonesty; or S. 4.3.21 (3)(e)(iii) amended by No. 4/2017 s. 17(1)(b). (iii) an offence against a Consumer Act within the meaning of the **Australian Consumer Law and Fair Trading Act 2012** or a law relating to company administration, including financial administration; or (iv) an offence equivalent to an offence described in subparagraph (i), (ii) or (iii) in another jurisdiction; S. 4.3.21(3)(f) amended by No. 73/2012 s. 15(1). (f) the RTO has not paid the required registration fees; S. 4.3.21(3)(g) inserted by No. 73/2012 s. 15(2). (g) the RTO has breached a government training contract. S. 4.3.21(3A) inserted by No. 71/2010 s. 27(2). (3A) A further ground is that the RTO has ceased to have the provision of education and training as its principal purpose, unless an exemption under section 4.3.16(4A) applies. See section 4.3.16(4C) which allows applicants to provide certain prescribed ancillary services and not fall outside of having the principal purpose of providing education and training. S. 4.3.21(3B) inserted by No. 71/2010 s. 30(5). (3B) A further ground is that the RTO does not have an effective complaint handling process to handle complaints by past, current or prospective students, which the applicant is required to have under Part 4.6A. (4) The Authority may not impose a restriction under subsection (2)(a) unless the registering body that registered the RTO— (a) fails to take any step to deal with the matter to which the grounds relate within 30 days after the matter comes to its attention; or (b) fails, after taking any step to deal with the matter to which the grounds relate, to take another step within 30 days. (5) Subsection (4) does not apply if the Authority is relying on a ground established by a compliance audit under section 4.3.26. (6) Subsection (4) does not stop the Authority, before the end of a 30 day period mentioned in the subsection, taking all steps necessary to impose a restriction at any time after the period has ended. (7) A restriction imposed under subsection (2)(a), (b) or (c) may, but need not, relate to a particular place or jurisdiction, but if it does so, it may only be imposed because of a particular fact situation that has arisen in the place or jurisdiction. (8) A restriction imposed under subsection (2)(a), (b) or (c) must be consistent with this Chapter and the RTO standards. (9) In exceptional circumstances, the Authority may exercise its powers under subsection (2)(c) to direct the RTO to immediately stop conducting operations continued under section 4.3.23(3). (10) Before cancelling the registration of an RTO under subsection (2)(d), the Authority must consult the registering bodies of each of the other jurisdictions where the RTO is operating. (11) Failure to comply with subsection (10) does not affect a cancellation of the registration of an RTO. S. 4.3.21A inserted by No. 71/2010 s. 19. 4.3.21A Faster action in exceptional circumstances (1) The powers under this section are in addition to, and not in derogation of, the powers conferred by section 4.3.21(9). (2) Subject to this section, the Authority may suspend the registration, or part of the scope of the registration, of an RTO or cancel the registration of an RTO under section 4.3.21, without delay, if the Authority is satisfied that exceptional circumstances exist. S. 4.3.21A(3) amended by No. 2/2025 s. 32. (3) The Authority must give the RTO at least 3 days to make submissions if the Authority intends to suspend the registration, or part of the scope of the registration, of the RTO. (4) The Authority must give the RTO at least 7 days to make submissions if the Authority intends to cancel the registration of the RTO. (5) The Authority may take the action referred to in this section concurrently with any action under section 4.5.5 in relation to an RTO. (6) In this section ***exceptional circumstances*** include, but are not limited to the following— (a) the RTO has committed a serious breach of occupational health and safety laws; (b) the RTO has notified the Authority or its students that it will cease trading or cease conducting operations and that notice is given less than 28 days before it proposes to cease trading or cease conducting operations; (c) urgent action is required— (i) because of significant non-compliance by the RTO with the RTO standards; and S. 4.3.21A (6)(c)(ii) amended by No. 23/2021 s. 63(a). (ii) to safeguard or ensure the continuity or quality of the education of the students of the RTO; S. 4.3.21A (6)(d) inserted by No. 23/2021 s. 63(b). (d) circumstances in which— (i) there is an unacceptable risk of harm to a child; and (ii) suspension or cancellation (as the case requires) is necessary to prevent or reduce the risk of that harm occurring. 4.3.22 Cancelling registration on change of business operations (1) This section applies to an RTO registered by the Authority. (2) On the grounds that an RTO does not have its principal place of business, and does not conduct all or most of its operations, in Victoria, the Authority may cancel the RTO's registration— (a) on application by the RTO; or (b) on its own initiative. (3) The Authority must give notice to the RTO at least 6 months before cancelling the registration. (4) If, before the end of the period mentioned in subsection (3), the RTO makes an application to another registering body for registration as a training organisation, the Authority must not cancel the registration of the RTO until the transfer application is decided. 4.3.23 Effect of suspension of registration of RTO (1) This section applies if a prohibition is imposed on an RTO under section 4.3.21(2)(c). (2) A person must not, for training or an assessment provided or to be provided in operations the subject of the prohibition, do anything for any of the following purposes— (a) recruiting or enrolling anyone; (b) soliciting or accepting any consideration from anyone for anyone's recruitment or enrolment; (c) starting anyone's training or assessment; (d) if the operations have been directed to immediately stop under section 4.3.21(9)—training or assessing anyone. (3) If the RTO, before the prohibition took effect, entered into an agreement to provide training or an assessment to a person, subsection (2)(a) to (c) does not prohibit anyone from relying on the agreement— (a) to provide the training or assessment; or (b) to solicit or accept consideration for the provision of the training or assessment. 4.3.24 Registering body to register amendment, suspension or cancellation If, in relation to an RTO, the Authority decides to do anything under section 4.3.21(2) or section 4.3.22(2), it must, on the National Register— S. 4.3.24(a) amended by No. 70/2008 s. 23. (a) for an amendment of the scope of registration or registered conditions or the imposition of a new condition—amend the scope of registration or registered conditions in accordance with its decision; or (b) for a suspension of the registration or part of the scope of registration—register the suspension; or (c) for a cancellation of the registration—remove the registered details of the RTO. 4.3.25 Audit of RTO registered by the Authority (1) This section applies in relation to— (a) an RTO registered by the Authority; and (b) any of the RTO's operations. (2) The Authority may at any time conduct a compliance audit of the RTO. 4.3.26 Audit of RTO registered by another registering body (1) This section applies in relation to— (a) an RTO registered by a registering body other than the Authority (the ***other registering body***); and (b) any of the RTO's operations in Victoria. (2) Subsection (3) applies if— (i) suspects on reasonable grounds that the RTO may have contravened the RTO standards; and (ii) has advised the other registering body of the suspected contravention; and (b) the other registering body— (i) within 30 days after receiving the advice, fails to take steps to deal with the suspected contravention to the satisfaction of the Authority; or (ii) at any time advises the Authority that it does not propose to take any step or further step to deal with the suspected contravention. (3) The Authority may conduct a compliance audit of the RTO. 4.3.27 Conduct of audit (1) A compliance audit mentioned in this Division must be conducted in accordance with any relevant national standards. (2) A failure to comply with subsection (1) is of no effect if the failure— (a) does not substantially affect the outcome of the audit; or (b) arises out of inconsistency between the standards mentioned in the subsection and legislation of the particular jurisdiction in relation to which the failure arises. 4.3.28 Powers not limited by compliance audit provisions A provision of this Division that makes provision for a compliance audit does not limit the power of any registering body to inquire into the activities of an RTO or training organisation. 4.3.29 Function or power may be used to support national scheme (1) This section applies to a person who, apart from this section, may exercise a power or perform a function under this Part in relation to a registered education or training organisation or an RTO or an applicant for registration under section 4.3.10 or 4.3.16. (2) The person may also perform the same kind of function or exercise the same kind of power in this jurisdiction— (a) at the request of the Authority, for inquiries into whether an RTO registered by another registering body is complying with this Part or a corresponding law; or (b) at the request of another registering body, for a compliance audit that is being conducted under a corresponding law in relation to— (i) an RTO registered by the other registering body; or (ii) an applicant for registration by the other registering body under a provision of a corresponding law corresponding to section 4.3.16. (3) Subsection (2) does not limit the person's functions or powers. S. 4.3.29A inserted by No. 71/2010 s. 35. 4.3.29A RTO contracts taken to include fair contract terms (1) This section does not apply in respect of a contract entered into between an RTO and a student or a prospective student for the provision of vocational education and training before the commencement of this section. (2) If the regulations prescribe terms to be taken to be included in a contract entered into between an RTO and a student or a prospective student for the provision of vocational education and training, those terms are taken to be terms of that contract and any other term of that contract that is inconsistent with those terms is void. (3) Subsection (2) does not apply to— (a) a public sector body within the meaning of the **Public Administration Act 2004**; or (b) any department or public statutory authority of the Commonwealth or of another State or Territory; or (c) a prescribed person or body or person or body of a prescribed class of person or body. Division 5—Higher education 4.3.30 Approval of Universities (1) The Authority may, by notice published in the Government Gazette, approve an institution, other than an autonomous college or a TAFE institute, to operate as a University or part of a University. (2) An institution that is established as a University under an Act of the Commonwealth, another State, the Australian Capital Territory or the Northern Territory is deemed to have the approval of the Authority under this section to operate as a University or part of a University (as the case requires). (3) A person representing an institution may apply to the Authority in writing for approval to operate as a University. (4) In deciding whether to grant approval under subsection (1), the Authority may have regard to Government policies and priorities and to all or any of the following matters— (a) in the case of an institution established in a foreign country, whether it is recognised as a University by the authority in the foreign country that, in the Authority's opinion, is the competent authority; (b) the National Protocols for Higher Education Approval Processes first endorsed by the Ministerial Council on Education, Employment, Training and Youth Affairs on 31 March 2000, as in force from time to time; (c) any other matter relating to the management or operations of the institution that, in the opinion of the Authority, are relevant to the ability of the institution to operate as a University or part of a University; (5) The Authority may from time to time issue guidelines about all or any of the matters referred to in subsection (4) and must publish any guidelines that are issued in the Government Gazette. (6) An approval remains in force for any period not exceeding 5 years that the Authority determines unless sooner revoked. (7) An approval is subject to any other conditions imposed by the Authority. (8) The Authority may charge any fee fixed by the Minister for investigating an application for approval under this section. 4.3.31 Revocation or suspension of approval of University (1) The Authority may, after the conduct of a review in accordance with section 4.3.35 and after considering any submissions made in accordance with that section, by notice published in the Government Gazette, revoke or suspend the approval or deemed approval or impose any condition on the approval or deemed approval. (2) Any suspension, revocation or condition imposed by the Authority under subsection (1) takes effect on the date the notice is published in the Government Gazette or such later date as is specified in the notice. 4.3.32 Disallowance of notices (1) The power to make a notice under section 4.3.30 or 4.3.31 is subject to the notice being disallowed by Parliament. (2) A copy of every notice under section 4.3.30 or 4.3.31 must be laid before both Houses of Parliament on or before the 6th sitting day after the publication of the notice in the Government Gazette. S. 4.3.32(3) substituted by No. 14/2013 s. 17. (3) Parts 3A and 5A of the **Subordinate Legislation Act 1994** apply to a notice under section 4.3.30 or 4.3.31 as if the notice were a legislative instrument within the meaning of that Act laid before each House of the Parliament under section 16B of that Act. (4) Subsections (1), (2) and (3) do not apply— (a) to a notice granting or revoking an approval relating to an institution that is established as a University under an Act of a Territory or an Act or law of another country; or (b) with respect to a University deemed to be approved to operate as a University under section 4.3.30(2). 4.3.33 Authorisation to conduct higher education courses (1) A person representing an institution may apply to the Authority in writing for authorisation to conduct a course of study in higher education. (2) In deciding whether to authorise an institution to conduct a course of study, the Authority may have regard to— (a) the National Protocols for Higher Education Approval Processes first endorsed by the Ministerial Council on Education, Employment, Training and Youth Affairs on 31 March 2000, as in force from time to time; (b) any other matter relating to the management or operations of the institution or the administration of the course of study that, in the opinion of the Authority, are relevant to the institution's ability to provide the course of study. (3) The Authority may from time to time issue guidelines about all or any of the matters referred to in subsection (2) and must publish any guidelines that are issued in the Government Gazette. (4) An authorisation under this section remains in force for any period not exceeding 5 years that the Authority determines unless sooner revoked. (5) An authorisation is subject to any other conditions imposed by the Authority. (6) The Authority may charge any fee fixed by the Minister for investigating any application for authorisation under this section. 4.3.34 Suspension or cancellation of authorisation (1) The Authority, after conducting a review in accordance with section 4.3.35 of an institution conducting an accredited course of study and after considering any submissions made in accordance with section 4.3.35, may suspend or cancel the authorisation or impose any condition on the authorisation. (2) Any suspension, cancellation or condition that the Authority decides upon takes effect when notice of the decision is given to the institution or on any later date that may be specified in the notice. (3) In determining whether to revoke an authorisation the Authority may have regard to all or any of the matters referred to in section 4.3.30(4). 4.3.35 Review of operations of universities, institutions (1) The Authority may at any time arrange for a review of the operation of— (a) a University approved or deemed to be approved to operate in Victoria under section 4.3.30; or (b) an institution authorised to conduct a course of study under section 4.3.33. (2) In the case of a University that is approved under section 4.3.30(1), the Authority must ensure that a review of the University's operation is conducted within 5 years after the first enrolment of students at that University in Victoria. (3) The Authority may appoint a person or committee to review the operations of a University, post‑secondary education provider or other institution and advise the Authority— (a) having regard to the matters set out in this Part and the guidelines published under this Part whether or not the University, post‑secondary education provider or other institution has attained and continues to attain the standards required of a University, post-secondary education provider or other institution for the purposes of this Part; and (b) whether or not the University, post‑secondary education provider or other institution has complied with any condition imposed by the Authority on an approval, or authorisation under this Division. (4) The Authority, by notice in writing, may require a University, post-secondary education provider or other institution or any person involved in the management or operation of the University, post‑secondary education provider or other institution— (a) to provide, in accordance with directions in the notice, to the Authority or any person or committee appointed by the Authority any information about the matters set out in this Act or any guidelines published under this Part relevant to the University, post-secondary education provider or other institution, that is specified in the notice; or (b) to produce to the Authority or any person or committee appointed by the Authority any records relevant to those matters that are specified in the notice and permit examination of the records and the making of copies of those records. (5) If the Authority is satisfied after the conduct of a review in accordance with this section that it is in the interests of the students enrolled at the University, post-secondary education provider or other institution or in the public interest that— (a) the approval or deemed approval of the University should be suspended or revoked; or (b) the authorisation of an institution to conduct a course of study should be suspended or revoked; or (c) any condition should be imposed on an approval or authorisation— the Authority may suspend, cancel or revoke that endorsement, approval or authorisation or impose that condition in accordance with this Division. (6) A suspension, cancellation, revocation or condition may be proposed by the Authority giving notice in writing of the proposed suspension, cancellation, revocation or condition and giving reasons to the University or institution affected. (7) The Authority must give the University or institution 28 days to make submissions to the Authority to show cause why the proposed suspension, cancellation, revocation or condition should not be imposed and must consider any submissions made. Division 6—Approval to exercise delegated powers 4.3.36 Approvals to enable delegation of powers (1) The Authority may, on the application of— (a) a registered education and training organisation; or (b) a University or a University approved to operate in Victoria under section 4.3.30; or (c) an institution authorised to conduct a course of study under section 4.3.33— investigate the organisation, University or institution to determine whether it should be approved for the purpose of delegating to it the powers and functions under section 4.2.7(3). (2) The Authority must not approve an organisation, University or institution unless it is satisfied that it is fit and competent to carry out the powers that may be delegated to it under section 4.2.7(3). (3) The Authority must from time to time investigate the fitness and competence of an approved organisation, University or institution to continue to carry out the powers that have been delegated to it under section 4.2.7(3). (4) The Authority may charge an organisation, University or institution that applies for approval under this section fees for the investigation of the organisation, University or institution to— (a) determine whether it is fit and competent to carry out the powers that may be delegated to it under section 4.2.7(3); and (b) determine whether it is fit and competent to continue to carry out the powers that have been delegated to it under section 4.2.7(3). (5) The Authority may have regard to government policy and to any relevant national standards about delegating powers under section 4.2.7(3) in determining whether an organisation, University or institution is fit and competent to carry out those powers. S. 4.3.36(6) inserted by No. 58/2007 s. 27. (6) The Authority may authorise the payment of fees under this section by periodic instalment amounts fixed by the Authority. S. 4.3.36(7) inserted by No. 58/2007 s. 27. (7) If the Authority authorises the payment of fees by instalments for an investigation under this section, the Authority may take that action and may make any determination in respect of the application on payment of the first instalment of the fee. S. 4.3.36(8) inserted by No. 58/2007 s. 27. (8) The organisation, University or institution required to pay fees under this section must pay each instalment by the date that it is due to be paid. S. 4.3.36(9) inserted by No. 58/2007 s. 27. (9) Any instalment that is not paid by the due date for that instalment is a debt due to the Authority. S. 4.3.37 inserted by No. 70/2008 s. 24, repealed by No. 39/2012 s. 47. Pt 4.3 Div. 7 (Heading and ss 4.3.38–4.3.53) inserted by No. 71/2010 s. 50. Division 7—Reserve step-in powers S. 4.3.38 inserted by No. 71/2010 s. 50. 4.3.38 Definitions ***ESOS Act*** means the Education Services for Overseas Students Act 2000 of the Commonwealth; S. 4.3.38 def. of *RTO* amended by No. 32/2022 s. 46. ***RTO*** does not include any person or body exempted under section 4.3.16(4A) from the requirement to have the principal purpose of providing education and training. Persons and bodies exempted from this requirement include universities, TAFE institutes, AMES Australia and schools. Persons and bodies may also be exempted by the regulations or the Minister. S. 4.3.39 inserted by No. 71/2010 s. 50. 4.3.39 Displacement of other laws This Division is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act in relation to the provisions of that Act. Section 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision for the purposes of that section, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not operate to the extent necessary to avoid the inconsistency. S. 4.3.40 inserted by No. 71/2010 s. 50. 4.3.40 Notices relating to appointment of external administrator under Corporations Act (1) A person, other than the Authority, must not make an application to the court under Chapter 5 of the Corporations Act for the appointment of an external administrator of an RTO unless the person has first given the Authority written notice of that application. Penalty: 20 penalty units. (2) An administrator of an RTO that is appointed under section 436A, 436B or 436C of the Corporations Act must give the Authority a copy of the notice of appointment required to be lodged under section 450A of that Act before the end of the next business day after the appointment. Penalty: 20 penalty units. S. 4.3.41 inserted by No. 71/2010 s. 50. 4.3.41 Application for order for judicial administration (1) The Authority may apply to the Supreme Court for an order that an RTO be placed under judicial administration. (2) The RTO is entitled to be heard in relation to an application by the Authority under this section. S. 4.3.42 inserted by No. 71/2010 s. 50. 4.3.42 Order for judicial administration On an application under section 4.3.41, the Supreme Court may make an order that an RTO be placed under judicial administration if the Court is satisfied that it is in the interests of the RTO's students having regard to the following matters— (a) whether the RTO is, or is likely to become, unable to deliver services to students in accordance with its obligations; (b) whether the RTO has failed to comply with this Act, the regulations, the ESOS Act or the RTO standards; (c) whether there are reasonable grounds for believing that the RTO is inefficiently or incompetently managed, and that the inefficient or incompetent management represents a substantial risk— (i) of non-compliance by the RTO with the RTO standards; or (ii) that the RTO will be unable to deliver services. S. 4.3.43 inserted by No. 71/2010 s. 50. 4.3.43 Commencement of judicial administration The judicial administration of an RTO commences— (a) at the time specified in the order for judicial administration as the time at which the judicial administration is to commence; or (b) if no time is so specified, when the order is made. S. 4.3.44 inserted by No. 71/2010 s. 50. 4.3.44 Appointment of judicial administrator (1) If the Supreme Court orders the judicial administration of an RTO, the Court must, by its order, appoint a judicial administrator of the RTO. (2) The appointment may be for a period specified in the order, which must not exceed one month. (3) The Supreme Court may by order extend the appointment of the judicial administrator. (4) The Supreme Court may at any time cancel the appointment of a judicial administrator and appoint another person as judicial administrator. S. 4.3.45 inserted by No. 71/2010 s. 50. 4.3.45 Remuneration of judicial administrator (1) The Supreme Court may give directions as to— (a) the remuneration and allowances that a judicial administrator is to receive; and (b) who is to pay the remuneration and allowances. (2) The Supreme Court may charge the judicial administrator's remuneration and allowances on the property of the RTO under judicial administration in such order of priority in relation to any existing charges on that property as the Court thinks fit. S. 4.3.46 inserted by No. 71/2010 s. 50. 4.3.46 Administration to vest in judicial administrator If the Supreme Court has made an order placing an RTO under judicial administration, then, at the time the judicial administration commences— (a) any person vested with the administration of the RTO immediately before that time is divested of that administration; and (b) the administration of the RTO vests in the judicial administrator appointed by the Court. S. 4.3.47 inserted by No. 71/2010 s. 50. 4.3.47 Powers and duties of judicial administrator (1) If a judicial administrator is appointed to control the affairs of an RTO, the judicial administrator— (a) is taken to be the governing body of the RTO; and (b) has and may exercise all of the powers of the governing body of the RTO; and (c) has such other powers as the Supreme Court directs; and (d) must have regard to the interests of the students of the RTO; and (e) subject to paragraph (d), is subject to all of the duties of the governing body of the organisation; and (f) must comply with this Act, the regulations and the RTO standards; and The administrator of an RTO may also have to comply with the ESOS Act if the RTO is required to comply with that Act. (g) must consult with— (i) the Authority; and S. 4.3.47 (1)(g)(ii) amended by No. 4/2017 s. 17(1)(c). (ii) in the case of an RTO that is also registered under the ESOS Act, the head of the Commonwealth department administering that Act— in carrying out his or her duties or in exercising his or her powers or functions under this Division. (2) The powers conferred by this section are in addition to powers conferred on a judicial administrator by any other provision of this Division. S. 4.3.48 inserted by No. 71/2010 s. 50. 4.3.48 Supreme Court’s control of judicial administrator (1) A judicial administrator is subject to the control of the Supreme Court. (2) In addition to duties imposed by this Division, a judicial administrator has such duties as the Supreme Court directs. (3) The judicial administrator must report to the Supreme Court at the times that the Court directs. (4) A judicial administrator may apply to the Supreme Court at any time for instructions— (a) as to the way in which the judicial administration should be conducted; or (b) in relation to any matter arising during the judicial administration. (5) Before applying to the Supreme Court for instructions, the judicial administrator must— (a) inform the Authority that he or she intends to make the application; and (b) give the Authority written details of the application. (6) The Authority is entitled to be heard on the application. S. 4.3.49 inserted by No. 71/2010 s. 50. 4.3.49 Application by Authority for instructions to judicial administrator (1) The Authority may apply to the Supreme Court for an order that the Court give instructions to the judicial administrator relating to the conduct of the judicial administration of an RTO. (2) The judicial administrator is entitled to be heard on the application. S. 4.3.50 inserted by No. 71/2010 s. 50. 4.3.50 Request by Authority for information (1) The Authority may ask a judicial administrator to give the Authority information about one or more of the following in a reasonable time specified in the request— (a) the conduct of the judicial administration; (b) the financial position of the RTO under judicial administration. (2) The judicial administrator must comply with the Authority's request. S. 4.3.51 inserted by No. 71/2010 s. 50. 4.3.51 Duration of judicial administration (1) If the Supreme Court orders that an RTO be placed under judicial administration, the RTO remains under judicial administration until the judicial administration is cancelled or ends. (2) The Supreme Court may extend a period of judicial administration. S. 4.3.52 inserted by No. 71/2010 s. 50. 4.3.52 Effect of cancellation or ending of judicial administration At the time when the judicial administration of the RTO is cancelled or ends— (a) the judicial administrator is divested of the administration of the RTO; and (b) the administration of the RTO vests in the person or body that would have been the governing body of the RTO if the judicial administrator not been appointed. S. 4.3.53 inserted by No. 71/2010 s. 50. 4.3.53 How judicial administrator is to administer The judicial administrator of an RTO must conduct the judicial administration as efficiently and economically as possible having regard to the interests of the students of that RTO. Part 4.4—Accreditation and qualifications Division 1—Investigation and accreditation 4.4.1 Investigation of a course or part of a course by Authority (1) The Authority may investigate any course or part of a course to determine whether it should be registered as accredited. (2) The Authority may, on the application of a person or body that has applied for registration or is registered under Part 4.3, investigate a course or part of a course to determine whether it should be registered as accredited. (3) The Authority may investigate a course or part of a course which is registered as accredited to determine whether it should continue to be registered as accredited. S. 4.4.1(4) amended by No. 70/2008 s. 25(a). (4) If the Authority investigates a course or part of a course under subsection (1), (2) or (3) it must prepare a written report on the content and educational standard of the course or part of the course. (5) Despite subsection (2), the Authority may consider an application from any person in relation to a course or part of a course in vocational education and training or further education. S. 4.4.1(6) amended by No. 70/2008 s. 25(b). (6) An application must be in the form approved by the Authority and accompanied by any fee fixed by the Minister for the application and investigation of the course or part of the course. S. 4.4.1(7) amended by No. 70/2008 s. 25(b). (7) The applicant must give the Authority any further information it requires to investigate the course or part of the course and decide the application. 4.4.2 Accreditation of a course or part of a course S. 4.4.2(1) amended by No. 70/2008 s. 26(a). (1) The Authority may accredit a course or a part of a course if it is satisfied— S. 4.4.2(1)(a) amended by No. 70/2008 s. 26(b). (a) the following matters are appropriate to the qualification (if any) to which the course or part of the course leads— S. 4.4.2(1)(a)(i) amended by No. 70/2008 s. 26(c). (i) the aims and learning outcomes of the course or part of the course; S. 4.4.2(1)(a)(ii) amended by No. 70/2008 s. 26(d). (ii) in the case of a course other than a higher education course, the scope of the studies of the course or part of the course; (iii) the assessment processes for the course or part of the course to be used to determine whether a student has achieved the learning outcomes of the course or part of the course; and S. 4.4.2(1)(b) amended by No. 70/2008 s. 26(e). (b) the course or part of the course are likely to achieve the specified purposes of the course or part of the course; and S. 4.4.2(1)(c) amended by No. 70/2008 s. 26(e). (c) the contents and standards of the course or part of the course are consistent with any relevant national standards about the principles, processes or other matters to be applied in accrediting the course or part of the course; and (d) that the fee for the application and investigation fixed by the Minister has been paid. S. 4.4.2(2) substituted by No. 71/2010 s. 20. (2) In deciding an application for accreditation of a course or part of a course in vocational education and training or further education, the Authority must also apply the standards for accreditation of courses adopted under the AQTF. (3) In deciding an application for accreditation of a course or part of a course in higher education, the Authority must also have regard to— (a) the National Protocols for Higher Education Approval Processes first endorsed by the Ministerial Council on Education, Employment, Training and Youth Affairs on 31 March 2000, as in force from time to time; S. 4.4.2(3)(b) amended by No. 70/2008 s. 26(f). (b) any matter relating to the teaching or administration of the course of study or part of the course; S. 4.4.2(3)(c) amended by No. 70/2008 s. 26(f). (c) any other matter relating to the management or operations of the institution or the administration of the course of study or part of the course that, in the opinion of the Authority, are relevant to the institution's ability to provide the course of study or part of the course. (4) Subsections (1), (2) and (3) do not limit the grounds on which the Authority may refuse to grant an application. S. 4.4.2(5) amended by No. 70/2008 s. 26(g). (5) The Authority may impose any conditions on the accreditation of a course or part of a course. S. 4.4.2(6) amended by No. 70/2008 s. 26(h). (6) If the Authority decides to grant the application it must immediately register the course or part of the course on the State Register. S. 4.4.2(7) amended by No. 70/2008 s. 26(h). (7) If the Authority decides not to grant the application it must immediately give the applicant a notice of the decision and a copy of the written report on the content and educational standard of the course or part of the course prepared under section 4.4.1. S. 4.4.2(8) amended by No. 70/2008 s. 26(i). (8) The Authority may accredit a course or part of a course for a period not exceeding 5 years and may renew the accreditation if an application for renewal is made before the accreditation expires. (9) The Authority may from time to time issue guidelines about all or any of the matters referred to in subsections (1), (2) and (3) and must publish any guidelines that are issued in the Government Gazette. 4.4.3 Cancellation or suspension of accreditation S. 4.4.3(1) amended by No. 70/2008 s. 27(a). (1) The Authority may suspend or cancel the accreditation of a course or part of a course in vocational education and training or further education that was accredited by the Authority if it is of the opinion that the course or part of the course no longer complies with the standards for accreditation of courses adopted on 8 June 2001 by the Ministerial Council under the AQTF as amended from time to time by the Ministerial Council and considering any submissions made in accordance with subsection (3). S. 4.4.3(2) amended by No. 70/2008 s. 27(b). (2) The Authority may suspend or cancel the accreditation of a higher education course or part of such a course that was accredited by the Authority or impose a condition on that accreditation after considering the advice of a person or committee appointed to conduct a review under section 4.4.4 and any submissions made in accordance with subsection (3). (3) The Authority must give written notification to the person or body who has applied for the accreditation setting out— (a) details of the proposed suspension or cancellation of the accreditation or the imposition of conditions; and (b) the reasons for the suspension or cancellation or the imposition of conditions; and (c) that the person may make submissions to the Authority within 14 days of the notice to show cause why the proposed suspension, cancellation or condition should not be imposed. S. 4.4.4 amended by No. 70/2008 s. 28. 4.4.4 Review of higher education courses The Authority may appoint a person or committee to review a course of study or part of the course accredited by the Authority and advise the Authority as to whether or not the course of study or part of the course continues to attain the standards required of a higher education course of study or part of such a course under this Act. Division 2—Qualifications 4.4.5 Who can issue qualifications? S. 4.4.5(1) amended by No. 71/2010 s. 21. (1) A person, body or school that is registered under Division 3 or 4 of Part 4.3 may recognise— (a) the completion of an accredited course or part of an accredited course that it is registered to provide; or S. 4.4.5(1)(b) amended by No. 58/2007 s. 28. (b) the award, conferral or issue of a registered qualification that it is registered to award, confer or issue— by the issue of a written statement or otherwise. S. 4.4.5(2) amended by No. 71/2010 s. 21. (2) If a person, body or school that is registered under Division 3 or 4 of Part 4.3 ceases to exist, the Authority may do any thing that the person, body or school was authorised to do under subsection (1). Part 4.5—Overseas students 4.5.1 Approval to provide courses for overseas students S. 4.5.1(1) amended by No. 58/2007 s. 29(1). (1) The Authority may approve a registered school, a University or another education or training organisation or institution as suitable to provide a specified course to students from overseas. S. 4.5.1(1A) inserted by No. 71/2010 s. 24. (1A) The Authority must not approve an education or training organisation or institution under this section unless the Authority is satisfied that the organisation or institution has the principal purpose of providing education and training. S. 4.5.1(1B) inserted by No. 71/2010 s. 24. (1B) For the purposes of subsection (1A), the principal purpose of providing education and training includes the provision of prescribed ancillary services to students. S. 4.5.1(1C) inserted by No. 71/2010 s. 24, substituted by No. 71/2010 s. 28. (1C) Subsection (1A) does not apply if— (a) the Authority acting as a designated authority within the meaning of the Education Services for Overseas Students Act 2000 of the Commonwealth is not required to certify for the purposes of that Commonwealth Act that the organisation or institution has the principal purpose of providing education; and See section 9(2)(c)(i) of the Education Services for Overseas Students Act 2000 of the Commonwealth. (b) the organisation or institution is exempted under section 4.3.16(4A) from the requirement to have the principal purposes of providing education and training. S. 4.5.1(2) amended by No. 58/2007 s. 29(2)(a). (2) In deciding whether to grant approval, the Authority may have regard to all or any of the following matters in relation to the school, University, education or training organisation or institution where, or by whom, the course is to be provided— (a) the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students issued under Part 4 of the Education Services for Overseas Students Act 2000 of the Commonwealth and as amended from time to time; S. 4.5.1(2)(ab) inserted by No. 58/2007 s. 29(2)(b). (ab) the suitability of the course for overseas students; (b) guidelines issued by the Authority; S. 4.5.1(2)(ba) inserted by No. 23/2021 s. 64(1). (ba) in the case of a school, a University or an education or training organisation or institution, whether the school, University or education or training organisation or institution complies with the Child Safe Standards; S. 4.5.1(2)(c) amended by No. 58/2007 s. 29(2)(a). (c) any other matter relating to the management or operations of the school, University, education or training organisation or institution where, or by whom, the course is to be provided. S. 4.5.1(2A) inserted by No. 23/2021 s. 64(2). (2A) It is a condition of an approval of a school, University or other institution that is a relevant entity for which the Authority is an integrated sector regulator that the school, University or institution comply with the Child Safe Standards. (3) The Authority may from time to time issue guidelines dealing with all or any of the matters referred to in subsection (2) and must publish any guidelines that are issued. (4) The Authority may charge a fee fixed by the Minister for the investigation of an application or for an approval under this Part. (5) An approval under this section remains in force for a period, not exceeding 5 years, specified by the Authority unless sooner suspended or cancelled by the Authority. 4.5.2 Process for approval S. 4.5.2(1) substituted by No. 58/2007 s. 30. (1) A person authorised by a registered school, University or another education or training organisation or institution may apply in the form approved by the Authority for approval of the school, University, organisation or institution to provide a specified course. (2) The person applying for approval must pay— (a) any fees fixed by the Minister for the investigation of an application for approval; (b) any fees fixed by the Minister for the approval. 4.5.3 Suspension or cancellation of approval (1) The Authority may suspend or cancel the approval of a school, University or other institution to provide a specified course to overseas students if— S. 4.5.3(1)(a) substituted by No. 23/2021 s. 65. (a) the Authority is satisfied, after conducting a review in accordance with section 4.5.4 and after considering any submissions made in accordance with that section, that the school, University or other institution— (i) in the case of a school, University or institution that is a relevant entity, is not complying with the Child Safe Standards; or (ii) is otherwise no longer suitable to be approved; or (b) any fee relating to the approval has not been paid. S. 4.5.3(1A) inserted by No. 71/2010 s. 25. (1A) Without limiting subsection (1), it is a ground for suspension or cancellation of an approval if the organisation or institution has ceased to have the provision of education and training as its principal purpose and the organisation or institution would be required to have that principal purpose if it applied for an approval under section 4.5.1. See section 4.5.1(1B) which allows applicants to provide certain prescribed ancillary services and not fall outside of having the principal purpose of providing education and training. (2) The Authority must notify the Minister of the Commonwealth for the time being administering the Education Services for Overseas Students Act 2000 of the Commonwealth as soon as practicable of any approval or cancellation or suspension of approval under this Part or a decision of VCAT in relation to an approval under this Part. 4.5.4 Review of operations of institutions and courses (1) The Authority may at any time arrange for a review of the operation of the approval of a school, University or other institution approved to provide a course of study under this Part. (2) The Authority may appoint a person or committee to review the operation of a school, University or other institution or course of study and advise the Authority having regard to the matters set out in section 4.5.1 and the guidelines published under that section whether or not the school, University or other institution or course of study has attained and continues to attain the standards required for approval under this Part. S. 4.5.4(3) repealed by No. 23/2021 s. 72. S. 4.5.4(4) substituted by No. 85/2009 s. 5(1). (4) If the Authority is satisfied after the conduct of a review in accordance with this section that it is in the interests of overseas students enrolled at the school, University or other institution or in the public interest that the approval should be suspended or cancelled or made subject to a condition, the Authority may, in accordance with this Part— (a) suspend or cancel that approval; or (b) impose a condition on that approval. S. 4.5.4(5) amended by No. 85/2009 s. 5(2). (5) A suspension, cancellation or condition may be proposed by the Authority giving notice in writing of the proposed suspension, cancellation or condition and giving reasons to the school, University or institution affected. S. 4.5.4(6) amended by No. 85/2009 s. 5(3). (6) Subject to section 4.5.5, the Authority must give the school, University or institution 28 days to make submissions to the Authority to show cause why the proposed suspension, cancellation or condition should not be imposed and must consider any submissions made. S. 4.5.4(7) inserted by No. 85/2009 s. 5(4). (7) Subsections (5) and (6) do not apply to an institution (other than a University or a school) if it— (a) has ceased to trade or to conduct operations; or (b) has become bankrupt; or (c) in the case of a body corporate, is the subject of a winding up order. S. 4.5.4(8) inserted by No. 85/2009 s. 5(4). (8) In the circumstances set out in subsection (7), the Authority may cancel or suspend the approval of the institution immediately. S. 4.5.4(9) inserted by No. 85/2009 s. 5(4). (9) The Authority must advise the institution in writing, without delay, of the cancellation or suspension under subsection (8) of the approval of the institution and the reasons for that cancellation or suspension. S. 4.5.5 inserted by No. 85/2009 s. 6. 4.5.5 Faster action in exceptional circumstances (1) This section applies if an institution (other than a school or University) has approval under this Part to provide a specified course to overseas students. S. 4.5.5(2) amended by No. 2/2025 s. 33. (2) Following a review under section 4.5.4, the Authority may give the institution at least 3 days instead of 28 days to make submissions under section 4.5.4(6) if— (a) the Authority intends to suspend the approval; and (b) the Authority is satisfied that exceptional circumstances exist. (3) Following a review under section 4.5.4, the Authority may give the institution at least 7 days instead of 28 days to make submissions under section 4.5.4(6) if— (a) the Authority intends to cancel the approval; and (b) the Authority is satisfied that exceptional circumstances exist. (4) In this section ***exceptional circumstances*** include, but are not limited to the following— (a) the institution has committed a serious breach of occupational health and safety laws; (b) the institution has notified the Authority or its students that it will cease trading or cease conducting operations and that notice is given less than 28 days before it proposes to cease trading or cease conducting operations; (c) urgent action is required— (i) because of significant non-compliance by the institution with the standards required for approval; and S. 4.5.5(4)(c)(ii) amended by No. 23/2021 s. 66(a). (ii) to safeguard or ensure the continuity or quality of the education of the students of the institution; S. 4.5.5(4)(d) inserted by No. 23/2021 s. 66(b). (d) circumstances in which— (i) there is an unacceptable risk of harm to a child; and (ii) suspension or cancellation (as the case requires) is necessary to prevent or reduce the risk of that harm occurring. Pt 4.5A (Heading and ss 4.5.4A–4.5.4F) inserted by No. 58/2007 s. 31. Part 4.5A—Overseas exchange students S. 4.5.4A inserted by No. 58/2007 s. 31, renumbered as s. 4.5A.1 by No. 19/2008 s. 14(a). 4.5A.1 Approval of overseas secondary student exchange organisations (1) The Authority may approve a person, an organisation (including an education or training organisation) or a registered school as suitable to operate a student exchange program. S. 4.5A.1(1A) inserted by No. 23/2021 s. 67(1). (1A) In deciding whether to grant approval, the Authority must have regard to whether the person, organisation or registered school complies with the Child Safe Standards. (2) In deciding whether to grant approval, the Authority may have regard to all or any of the following matters in relation to the person, organisation or registered school— (a) the suitability of the person, organisation or registered school to operate a student exchange program; (b) guidelines issued by the Authority; (c) any other matter relating to the management or operations of the person, organisation or registered school proposing to operate the student exchange program. S. 4.5A.1(3) amended by No. 23/2021 s. 67(2). (3) The Authority may from time to time issue guidelines, including guidelines regarding compliance with the Child Safe Standards, for the purposes of determining whether a person, organisation or registered school is suitable to operate a student exchange program. (4) Any guidelines issued under subsection (3) must be published as soon as practicable in the Government Gazette. S. 4.5.4B inserted by No. 58/2007 s. 31, renumbered as s. 4.5A.2 by No. 19/2008 s. 14(b)(i), amended by Nos 19/2008 s. 14(b)(ii), 23/2021 s. 68(1)(2) (ILA s. 39B(1)). 4.5A.2 Conditions of approval (1) Subject to subsection (2), the approval of a person, organisation or registered school to operate a student exchange program under section 4.5A.1 is subject to any conditions imposed by the Authority. S. 4.5A.2(2) inserted by No. 23/2021 s. 68(2). (2) It is a condition of an approval of a person, organisation or registered school that is a relevant entity for which the Authority is an integrated sector regulator that the person, organisation or school comply with the Child Safe Standards. S. 4.5.4C inserted by No. 58/2007 s. 31, renumbered as s. 4.5A.3 by No. 19/2008 s. 14(c). 4.5A.3 Application for approval (1) A person, or a person authorised by an organisation or registered school, may apply in the form approved by the Authority and published in the Government Gazette for approval of the person, organisation or school to operate a student exchange program. (2) The Authority may require the applicant to provide further information or material in respect of the application for approval. (3) An application under subsection (1) must be accompanied by the fee (if any) fixed by the Minister. S. 4.5.4D inserted by No. 58/2007 s. 31, renumbered as s. 4.5A.4 by No. 19/2008 s. 14(d)(i). 4.5A.4 Duration and renewal of approval S. 4.5A.4(1) amended by No. 19/2008 s. 14(d)(ii). (1) An approval under section 4.5A.1 continues in force for a period, not exceeding 6 years, specified by the Authority unless sooner suspended or cancelled by the Authority. (2) The renewal of an approval to operate a student exchange program continues in force for a period, not exceeding 6 years, specified by the Authority unless sooner suspended or cancelled by the Authority. S. 4.5A.4(3) amended by No. 19/2008 s. 14(d)(iii). (3) Sections 4.5A.1, 4.5A.2 and 4.5A.6 apply to a renewal of an approval in the same way as they apply to an approval. S. 4.5.4E inserted by No. 58/2007 s. 31, renumbered as s. 4.5A.5 by No. 19/2008 s. 14(e). 4.5A.5 Application for renewal of approval (1) A person, or a person authorised by an organisation or registered school, may apply in the form approved by the Authority and published in the Government Gazette for renewal of an approval to operate a student exchange program before the existing approval expires. (2) The Authority may require the applicant to provide further information or material in respect of the application for renewal of an approval. (3) An application under subsection (1) must be accompanied by the fee (if any) fixed by the Minister. S. 4.5.4F inserted by No. 58/2007 s. 31, renumbered as s. 4.5A.6 by No. 19/2008 s. 14(f)(i), amended by No. 19/2008 s. 14(f)(ii), substituted by No. 23/2021 s. 69. 4.5A.6 Suspension or cancellation of approval The Authority may suspend or cancel, or impose any condition on, the approval of a person, organisation or registered school to operate a student exchange program if the Authority is satisfied that the person, organisation or school— (a) breaches a condition of its approval imposed under section 4.5A.2 or this section; or (b) in the case of a person, organisation or registered school that is a relevant entity, does not comply with the Child Safe Standards. Part 4.6—State Register 4.6.1 State Register (1) The Authority must maintain a State Register containing details of accredited courses and qualifications and other matters required to be registered under this Chapter. (2) If the Authority determines that a course or part of a course should be registered as accredited on the State Register the Authority must register the course or part of the course as accredited on the State Register. (3) The Authority must, on the request of the Minister— (a) record on the State Register a qualification endorsed by the Ministerial Council that the Minister is satisfied should be registered as a qualification; and (b) strike off the State Register a qualification that the Minister is satisfied should be struck off. (4) The Authority may record on the State Register any other qualification that the Authority is satisfied should be registered as a qualification. (5) If the Authority determines that a course should be struck off the State Register, the Authority must strike the course off the Register. (6) The Authority may do any of the things referred to in subsection (2) or (5) in relation to a course whether or not the course has been investigated under this Part. 4.6.2 Division of education and training organisations S. 4.6.2(1) amended by No. 42/2016 s. 14(4). (1) The Authority must establish and maintain a division in the State Register of persons, bodies or schools who— (a) are authorised by the Authority under section 4.3.10 to provide accredited courses; and S. 4.6.2(1)(b) amended by No. 58/2007 s. 32. (b) are authorised under section 4.4.5 to award, confer or issue registered qualifications. (2) The division must specify— (a) the name of the registered person or body; and (b) the accredited course or courses that the registered person or body is authorised to provide; and S. 4.6.2(2)(c) amended by No. 58/2007 s. 32. (c) the registered qualification or qualifications that the registered person or body is authorised to award, confer or issue; and (d) any limitations or restrictions on the registration. S. 4.6.2(3) inserted by No. 71/2010 s. 22(1). (3) The Authority must also include in the division persons, bodies or schools who are registered on the National Register under Division 4 of Part 4.3. S. 4.6.2(4) inserted by No. 71/2010 s. 22(1). (4) The division must specify in relation to the persons, bodies or schools referred to in subsection (3), the details required to be specified on the National Register in respect of those persons, bodies or schools. S. 4.6.2(5) inserted by No. 71/2010 s. 22(1). (5) If a person, body or school referred to in subsection (3) is no longer registered on the National Register the Authority must remove the person, body or school and its details from the State Register. 4.6.3 Division of Higher Education (1) The Authority must establish and maintain a higher education division in the State Register. (2) The Authority must ensure that particulars of approvals given under section 4.3.30 and accreditations and authorisations under sections 4.3.33 and 4.4.2 are entered in the higher education division in the State Register. 4.6.4 National registration S. 4.6.4(1) repealed by No. 71/2010 s. 22(2). (2) The Authority may register a person on the National Register as a training organisation that provides, within its scope of registration— (a) training and assessments resulting in the issue of qualifications or statements of attainment by the organisation; or (b) assessments resulting in the issue of qualifications or statements of attainment by the organisation. (3) The Authority must register on the National Register a vocational education and training course or a further education course that is registered as accredited on the State Register. S. 4.6.4(4) amended by No. 71/2010 s. 22(3)(a). (4) If the accreditation of a vocational education and training course or a further education course that was registered on the National Register by the Authority expires, the Authority must remove the registered details of the course from the National Register and the State Register. S. 4.6.4(5) amended by No. 71/2010 s. 22(3)(b). (5) If the Authority cancels the accreditation of a vocational education and training course or a further education course that was registered on the State Register and the National Register by the Authority, the Authority must remove the registered details of the course from the National Register and the State Register. Pt 4.6A (Heading) substituted by No. 71/2010 s. 32. Pt 4.6A (Heading and ss 4.6A.1–4.6A.6) inserted by No. 71/2010 s. 31. Part 4.6A—Complaint handling and dispute resolution Pt 4.6A Div. 1 (Heading) inserted by No. 31/2018 s. 56. Division 1—Handling of complaints by RTOs S. 4.6A.1 (Heading) amended by No. 33/2020 s. 18(12). S. 4.6A.1 inserted by No. 71/2010 s. 31, amended by No. 31/2018 s. 57(1). 4.6A.1 Definition of RTO in this Division In this Division, except section 4.6A.6, ***RTO*** does not include any person or body exempted under section 4.3.16(4A) from the requirement to have the principal purpose of providing education and training. Note to s. 4.6A.1 amended by No. 32/2022 s. 47. Persons and bodies exempted from this requirement include universities, TAFE institutes, AMES Australia and schools. Persons and bodies may also be exempted by the regulations or the Minister. S. 4.6A.2 inserted by No. 71/2010 s. 31. 4.6A.2 Complaint handling process An RTO must establish a process in accordance with the regulations for the handling of complaints by persons who are past, current or prospective students of the RTO and who are affected by decisions, actions or omissions by the RTO in relation to the provision of vocational education and training. S. 4.6A.3 inserted by No. 71/2010 s. 31. 4.6A.3 Register of complaints (1) An RTO must keep a register of complaints in accordance with this section of all complaints made to it under the complaints handling process. (2) The purposes of the register of complaints are— S. 4.6A.3(2)(a) amended by No. 31/2018 s. 57(2). (a) to assist in the management of the complaint handling process required under this Division and the regulations; and S. 4.6A.3(2)(b) amended by No. 31/2018 s. 57(2). (b) to enable the Authority to audit compliance by the RTO with the complaint handling process requirements under this Division and the regulations. (3) The register of complaints must contain the following matters— (a) the name of the person who made the complaint; (b) the date on which the complaint was made; (c) the date on which the complaint was resolved or closed (if applicable); (d) a reference to the RTO's complete records relating to the complaint kept in accordance with section 4.6A.5; (e) any other prescribed matter. S. 4.6A.4 inserted by No. 71/2010 s. 31. 4.6A.4 Access to register of complaints An RTO must make the register of complaints available during business hours at the principal office of the RTO for inspection by a person authorised by the Authority. S. 4.6A.5 inserted by No. 71/2010 s. 31. 4.6A.5 RTO must keep complete records of complaints (1) An RTO must keep all records relating to the handling of a complaint by the RTO under its complaint handling process. (2) The records required to be kept under this section must be kept separately to the register of complaints. S. 4.6A.5A inserted by No. 71/2010 s. 33. 4.6A.5A Referral of complaint under approved scheme if not resolved by RTO (1) This section applies if a complaint made to an RTO under its complaint handling process is not resolved within 30 days and the RTO is a member of an approved dispute resolution and student welfare scheme. (2) The complainant may refer the matter to the person appointed to handle disputes under an approved dispute resolution and student welfare scheme, if— (a) the scheme applies to a class of persons that includes the complainant; and (b) the matter falls within the scope of the dispute resolution processes provided for in the scheme. See section 4.6A.6 for complaints by students if no approved scheme applies. S. 4.6A.5B inserted by No. 71/2010 s. 33. 4.6A.5B Approval of dispute resolution and student welfare scheme S. 4.6A.5B(1) amended by No. 31/2018 s. 57(3). (1) The Minister may, by notice published in the Government Gazette, approve a dispute resolution and student welfare scheme for the purposes of this Division. (2) In determining whether to approve a scheme under this section, the Minister must have regard to— (a) the matters set out in Schedule 7; and (b) any criteria set out in the regulations. S. 4.6A.5C inserted by No. 71/2010 s. 33, amended by No. 31/2018 s. 57(4). 4.6A.5C RTO must disclose whether member of dispute resolution and student welfare scheme An RTO must disclose in the prescribed manner to past, current and prospective students whether it is a member of a dispute resolution and student welfare scheme approved under this Division. S. 4.6A.6 inserted by No. 71/2010 s. 31. 4.6A.6 Student may make complaint to Authority (1) Without limiting any other means available for making or resolving a complaint, a past, current or prospective student of an RTO may make a complaint to the Authority in relation to— (a) an alleged contravention by the RTO of this Act or the regulations; or (b) an alleged contravention by the RTO of the RTO standards. (2) The Authority may appoint a person or body to handle complaints made to the Authority under this section. S. 4.6A.6(3) substituted by No. 37/2014 s. 10(Sch. item 49.2). (3) Subsection (1) does not apply in respect of complaints made against Victoria Police. Pt 4.6A Div. 2 (Heading and ss 4.6A.7, 4.6A.8) inserted by No. 31/2018 s. 58. Division 2—Investigation of complaints by Authority S. 4.6A.7 inserted by No. 31/2018 s. 58. 4.6A.7 Person may make a complaint to Authority S. 4.6A.7(1) substituted by No. 33/2020 s. 8. (1) A person (the ***complainant***) may make a complaint to the Authority alleging that a person, body, school or institution registered or approved under Part 4.3 or 4.5A or a provider of school boarding services at a registered school boarding premises (the ***provider***) or a parent responsible for the home schooling of a student registered under section 4.3.9 has failed to comply with this Act, the regulations, a Ministerial Order or a condition of the registration or approval. (2) A complaint under subsection (1) must— (b) be made no more than 12 months after the complainant first became aware of the alleged non-compliance. S. 4.6A.8, inserted by No. 31/2018 s. 58. 4.6A.8 Authority must investigate a complaint The Authority must investigate a complaint made in accordance with section 4.6A.7 unless— (a) the Authority is of the opinion that the complaint is trivial, vexatious or without substance; or (b) the Authority is of the opinion that before making the complaint, the complainant had not attempted to raise the complaint with the provider or parent; or (c) the complainant had raised the complaint with the provider or parent but the Authority is of the opinion that— (i) the provider or parent has not been given a reasonable time within which to respond to the complaint; or (ii) the provider or parent has responded satisfactorily to the complaint; or (d) the Authority is of the opinion that the complaint can be dealt with, and it is more appropriate that the complaint be dealt with, by another person, body, court or tribunal. Part 4.7—Offences S. 4.7.1 amended by No. 2/2025 s. 49. 4.7.1 Unregistered schools A person must not carry on or conduct a school unless the school is registered under Part 4.3. Penalty: In the case of a natural person, 120 penalty units; In the case of a body corporate, 600 penalty units. S. 4.7.1A inserted by No. 33/2020 s. 9, amended by No. 2/2025 s. 50. 4.7.1A Person may not conduct an unregistered school boarding premises A person must not carry on or conduct a school boarding premises unless the school boarding premises is registered under Part 4.3. Penalty: In the case of a natural person, 120 penalty units; In the case of a body corporate, 600 penalty units. 4.7.2 Offences by unregistered persons (1) A person or body must not use the name or title of "registered provider" or any other name, title, letters or description implying or that may reasonably be understood to imply that the person or body is registered under section 4.3.10 to provide a course or part of a course unless the person or body is registered under section 4.3.10 to do so. (2) A person or body must not use any name, title, letters or description implying that the person or body is registered to provide a course or part of a course under section 4.3.10 in particular circumstances unless the person or body is registered under section 4.3.10 to do so in relation to those circumstances. (3) This section— S. 4.7.2(3)(a) repealed by No. 70/2008 s. 29. (b) does not apply to a vocational education and training course or a further education course registered on the National Register. S. 4.7.3 amended by No. 45/2021 s. 8(1)(2) (ILA s. 39B(1)). 4.7.3 Offence in relation to accredited courses (1) A person, body or school must not provide or offer to provide an accredited course leading to a senior secondary qualification registered on the State Register unless that person, body or school is registered on the State Register as being authorised to provide the course. S. 4.7.3(2) inserted by No. 45/2021 s. 8(2). (2) A person, body or school must not provide or offer to provide an accredited course leading to a foundation secondary qualification registered on the State Register unless that person, body or school is registered on the State Register as being authorised to provide the course. 4.7.4 Offences in relation to courses and qualifications (1) A person, body or school must not in relation to a course or part of a course provided by the person, body or school use the name or title of "government accredited" or any other name, title, letters or description implying or that may reasonably be understood to imply that the course or part of a course is registered as accredited on the State Register unless the person, body or school is registered under section 4.3.10 to do so. (2) A person, body or school must not in relation to a qualification awarded or issued by that person or body use the term "government recognised" or any other term, title, letters or description implying or that may reasonably be understood to imply that the qualification is registered on the State Register unless the person, body or school is registered under section 4.3.10. S. 4.7.4(3) repealed by No. 70/2008 s. 30. (4) This section does not apply to vocational education and training or further education. 4.7.5 Offence to falsely claim to be an RTO (1) A person who is not an RTO must not claim to be an RTO. (2) A person who is not, or not acting for, an RTO operating within the scope of registration of the RTO must not— (a) issue, or claim to be able to issue, a qualification or statement of attainment; or (b) claim to be able to provide training or assessments resulting in the issue of a qualification or statement of attainment. (3) A person must not claim to be able to provide training resulting in the issue of a qualification or statement of attainment by another person knowing that the other person is not authorised in accordance with this Act to issue the qualification or statement of attainment. (4) For the purposes of subsections (1) to (3), the person claims to be an RTO or claims to be able to do a particular thing if the person— (a) makes that claim; or (b) purports to be an RTO or to be able to do the particular thing; or (c) does any act likely to induce someone else to believe the person is an RTO or is able to do the particular thing. (5) This section does not apply to a registering body. 4.7.6 Only approved universities to operate in Victoria An institution, other than a University established or recognised under an Act, must not operate or purport to operate as a University or part of a University without the approval of the Authority. 1. 300 penalty units. 4.7.7 Accreditation and authorisation of courses required (1) An institution must not— (a) confer or offer to confer a higher education award in relation to a course of study; or (b) offer or conduct a course of study leading to the conferral of a higher education award whether the award is to be conferred by that institution or any other institution; or (c) represent in any manner that a course of study offered or conducted by that institution leads to or would entitle a person completing that course to, the conferral of a higher education award whether the award is to be conferred by that institution or any other institution— unless— (d) in the case of an autonomous college, it is authorised by an Order in Council under section 3.2.12 to confer the award; (e) in the case of an institution operated by a company established or controlled by a university, the governing body of the university has the power to control the standards and quality of the course of study offered by the institution and confers the award in relation to that course of study; (f) in the case of any other institution— (i) the course of study is accredited by the Authority; and (ii) the Authority has authorised the institution to conduct the course of study. 1. 200 penalty units. (a) a recognised University; (b) an institution that has the approval of the Authority to operate as a University under section 4.3.30; S. 4.7.7(2)(c) amended by No. 61/2016 s. 39. (c) the University of Divinity; (d) a body corporate named as a higher education institution empowered to issue its own qualifications on the Register of Recognised Education Institutions and Authorised Accreditation Authorities in Australia referred to in the Higher Education Support Act 2003 of the Commonwealth. 4.7.8 Offence to falsely claim to provide an accredited course (1) A person must not claim to provide a course that is registered as accredited on the State Register or the National Register unless the course is so registered. (2) For the purposes of subsection (1), the person claims to provide a course that is registered as accredited if the person— (a) makes that claim; or (b) claims to provide a course that purports to be registered as accredited; or (c) does any act likely to induce someone else to believe a course the person is providing is registered as accredited. S. 4.7.9 amended by Nos 58/2007 s. 33, 45/2021 s. 9(1)(2) (ILA s. 39B(1)). 4.7.9 Offence in relation to qualifications (1) A person, body or school must not award, confer or issue, or offer to award, confer or issue, a senior secondary qualification registered on the State Register unless that person, body or school is registered on the State Register as being authorised to award, confer or issue the qualification. S. 4.7.9(2) inserted by No. 45/2021 s. 9(2). (2) A person, body or school must not award, confer or issue, or offer to award, confer or issue, a foundation secondary qualification registered on the State Register unless that person, body or school is registered on the State Register as being authorised to award, confer or issue the qualification. S. 4.7.10 inserted by No. 71/2010 s. 37. 4.7.10 RTO must keep certain information or documents available for inspection (1) An RTO must keep, at relevant premises within the meaning of Division 3 of Part 5.8, the following information or documents available for inspection by an authorised officer who is exercising a power under that Division— (a) a list of all the students enrolled in courses provided by the RTO at the relevant premises; and (b) the name of the owner and occupier of the relevant premises; and (c) a copy of any information prescribed by this Act or the regulations to be made available to students about the RTO's complaint handling processes and the rights of students to lodge complaints with the RTO or the Authority; and (d) a copy of a certificate of public liability insurance relating to the relevant premises. Penalty: 20 penalty units in the case of a natural person and 50 penalty units in the case of a body corporate. S. 4.7.10(2) substituted by No. 37/2014 s. 10(Sch. item 49.3). (2) Subsection (1) does not apply to Victoria Police. S. 4.7.11 inserted by No. 71/2010 s. 37. 4.7.11 False or misleading information A person must not knowingly in purported compliance with this Act or the regulations— (a) give information or make a statement that is false or misleading in a material particular to the Authority; or (b) produce a document that is false or misleading in a material particular to the Authority without indicating the respect in which it is false or misleading and, if practicable, providing correct information. Penalty: 60 penalty units in the case of a natural person and 300 penalty units in the case of a body corporate. S. 4.7.12 inserted by No. 71/2010 s. 37. 4.7.12 RTO must keep student records (1) An RTO must keep records relating to current and former students in accordance with this section. Penalty: 20 penalty units in the case of a natural person and 100 penalty units in the case of a body corporate. (2) Student records kept under this section must— (a) be accurate and up to date; and (b) contain the particulars prescribed in the regulations; and (c) be kept in the form prescribed in the regulations; and (d) be kept for the time prescribed in the regulations. Part 4.8—Review by VCAT 4.8.1 Review by VCAT (1) A person whose interests are affected by any of the following decisions of the Authority may apply to VCAT for review of the decision— (a) not to grant registration under Part 4.3; or (b) to suspend or cancel registration under Part 4.3; or (c) not to grant an approval or authorisation under Part 4.3; or (d) to revoke an approval or authorisation under Part 4.3; or S. 4.8.1(da) inserted by No. 45/2021 s. 21. (da) to extend the 12 month period regarding an RTO's management of the transition from superseded training packages as a result of an application made in accordance with section 4.3.17A; or (e) not to grant an accreditation under Part 4.4; or (f) to revoke an accreditation under Part 4.4; or (g) not to approve a school, person, body, institution or provider to provide a specified course under Part 4.5; or S. 4.8.1(1)(h) amended by No. 58/2007 s. 34(1). (h) to suspend or cancel the approval of a school, person, body, institution or provider to provide a specified course under Part 4.5; or S. 4.8.1(1)(i) inserted by No. 58/2007 s. 34(2). (i) not to approve a person, organisation (including an education or training organisation) or registered school to operate a student exchange program under Part 4.5A; or S. 4.8.1(1)(j) inserted by No. 58/2007 s. 34(2). (j) to suspend or cancel the approval of a person, organisation (including an education or training organisation) or registered school to operate a student exchange program under Part 4.5A. (a) the day on which the decision is made; (b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. Part 4.9—Information and evidence 4.9.1 Publication of registers (1) The Authority must cause a copy of the State Register to be published on a website maintained by the Authority on the Internet. (2) The Authority must ensure that no details of students registered for home schooling under Part 4.3 are published on the website under subsection (1) or made available to the public. S. 4.9.1(3) inserted by No. 11/2018 s. 28. (3) For the avoidance of doubt, the Authority may permit details of students registered for home schooling under Part 4.3 to be disclosed in accordance with Parts 6A and 7A of the **Child Wellbeing and Safety Act 2005**. 4.9.2 Certificate prima facie evidence A certificate purporting to be signed by the Chairperson or any two members of the Authority certifying any matter relating to the contents of the State Register as at that date is evidence, and, in the absence of evidence to the contrary, is proof of the matters stated in it. 4.9.3 False representation A person must not wilfully make or cause to be made, or provide, any false or misleading information in any matter relating to registration on the State Register under this Chapter. S. 4.9.4 amended by Nos 70/2008 s. 31, 39/2012 s. 48, 73/2012 ss 16, 109(2), 76/2013 s. 19(2), 7/2015, s. 12, 4/2017 s. 17(1)(d)(e), 33/2020 s. 10, substituted by No. 2/2025 s. 34. 4.9.4 Authority may disclose information (1) The Authority may disclose to a specified person or body any information held by the Authority that relates to the performance of the functions of the specified person or body. ***specified person or body*** means— (a) the Secretary; or (b) the Secretary to another Department within the meaning of the **Public Administration Act 2004**; or (c) a public sector body within the meaning of the **Public Administration Act 2004**; or (d) a municipal council; or (e) a body equivalent to the Authority in another jurisdiction that is responsible for the registration of training organisations for the purposes of vocational education and training; or (f) a body equivalent to the Authority in another jurisdiction that is responsible for the registration of schools; or (g) a department of the Commonwealth or another State or Territory; or (h) an agency of the Commonwealth. S. 4.9.4A inserted by No. 2/2025 s. 34. 4.9.4A Authority may request information to determine compliance with prescribed minimum standards (1) The Authority, by written notice given to a specified person or body, may request that the specified person or body provide to the Authority any information that may assist the Authority to determine whether— (a) a school is complying with the prescribed minimum standards for registration of schools; or (b) a school boarding premises or the provider of school boarding services at the premises is complying with the prescribed minimum standards for registration of school boarding premises. (2) A specified person or body may disclose information to the Authority for the purposes of this section. ***specified person or body*** means— (a) the Secretary; or (b) the Secretary to another Department within the meaning of the **Public Administration Act 2004**; or (c) a public sector body within the meaning of the **Public Administration Act 2004**; or (d) a municipal council; or (e) a body equivalent to the Authority in another jurisdiction that is responsible for the registration of training organisations for the purposes of vocational education and training; or (f) a body equivalent to the Authority in another jurisdiction that is responsible for the registration of schools; or (g) a department of the Commonwealth or another State or Territory; or (h) an agency of the Commonwealth. S. 4.9.4B inserted by No. 2/2025 s. 34. 4.9.4B Secretary may disclose information The Secretary may disclose any information held by the Secretary that relates to a breach of, or failure to comply with, a government training contract by an RTO, to— (a) the Authority; or (b) a department of the Commonwealth; or (c) a body equivalent to the Authority in another jurisdiction that is responsible for the registration of training organisations for the purposes of vocational education and training. Chapter 5—General Part 5.1—Administration 5.1.1 Department (1) There is to be a Department responsible for the administration of education and training in Victoria with the principal function of assisting the Minister in the administration of this Act. (2) The Department is to consist of— (a) a Departmental Head appointed under section 12 or 19 of the **Public Administration Act 2004**; and (b) any other persons employed by the Departmental Head under this Act, the **Public Administration Act 2004** or any other Act. 5.1.2 Supply of information The council or governing body of an education or training institution must supply the Minister with any information that he or she may reasonably require for the effective monitoring, development and planning of education and training in or related to Victoria. Part 5.2—Minister's powers 5.2.1 Minister's general powers (1) The Minister has power to do anything that is set out in this Act or that is necessary or convenient to be done in or in connection with the functions of the Minister under this or any other Act. (2) Without limiting subsection (1), the Minister also has the following powers— (a) to set the overall policy for education and training in or related to Victoria; (b) to issue policies, guidelines, advice and directions to education or training institutions in or related to Victoria; S. 5.2.1(2)(ba) inserted by No. 10/2021 s. 36(1). (ba) to issue policies, guidelines and directions to an institution, person or body established by or under this Act or continued in operation under this Act; (c) to establish, name, maintain, carry on, modify, merge or close Government schools and educational services in accordance with this Act; (d) to establish, name, modify, merge or abolish— (i) school councils for Government schools in accordance with this Act; (ii) ACFE regions and regional councils in accordance with this Act; S. 5.2.1 (2)(d)(iii) repealed by No. 73/2012 s. 6(3). (iv) approved training agents in accordance with this Act; (v) bodies to advise the Minister on education and training matters including post-secondary education; (vi) other bodies in accordance with this Act; S. 5.2.1(2)(e) amended by Nos 76/2011 s. 7(1), 32/2022 s. 48(1). (e) to require any education or training institution to supply the Minister with any information that the Minister may reasonably require for the effective monitoring, development and planning of education and training in or related to Victoria; S. 5.2.1(2)(f) inserted by No. 76/2011 s. 7(2), amended by No. 32/2022 s. 48(2). (f) to require any TAFE institute or AMES Australia to supply the Minister with any information that the Minister may reasonably require in relation to the exercise of any powers and the performance of any functions of that body outside Victoria. S. 5.2.1(3) amended by No. 76/2013 s. 10(a)(b). (3) An institution, person or body established by or under this Act or continued in operation under this Act must comply with— S. 5.2.1(3)(a) amended by No. 76/2013 s. 10(c). (a) a policy, guideline or direction issued by the Minister to the extent that the policy, guideline or direction relates to, or is expressed to apply to, the operations of that institution, person or body; and (b) a requirement under section (2)(e) issued in writing by the Minister. Note to s. 5.2.1(3) inserted by No. 10/2021 s. 36(2). See section 2.6.5 in relation to Ministerial advice to the Institute. S. 5.2.1(4) amended by No. 10/2021 s. 36(3)(a). (4) Despite the powers given to the Minister under subsections (1) and (2), the Minister may not give any policy, guideline or direction to— (a) the Victorian Curriculum and Assessment Authority 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; (b) the Victorian Registration and Qualifications Authority in relation to any particular student about the following— (i) the recognition of the completion of an accredited course or part of an accredited course; (ii) the award or issue of a registered qualification; (iii) the award or issue of a qualification for an accredited course; S. 5.2.1 (4)(b)(iv) amended by No. 10/2021 s. 36(3)(b). (iv) the recognition of the matters in subparagraph (i), (ii) or (iii) by the issuing of a written statement or otherwise; S. 5.2.1(4)(c) inserted by No. 10/2021 s. 36(3)(c). (c) the Institute in relation to the following matters under Part 2.6 that relate to a particular person— (i) the granting of, or refusal to grant, registration to a person; (ii) the renewal or reinstatement of, or refusal to renew or reinstate, a person's registration; (iii) the extension, suspension or cancellation of a person's registration; (iv) if a person's registration has been suspended, the continuation or revocation of that suspension; (v) the imposition, amendment, variation or revocation of a condition, limitation or restriction on a person's registration; (vi) the recording, exclusion or removal of a matter on the Register of Disciplinary Action; (vii) a request or requirement from the Institute for a person to provide information to the Institute; (viii) the conduct of a national criminal history check or a State police record check on a person; (ix) the conduct of a preliminary assessment or an investigation in respect of a person; (x) the conduct of a hearing by a hearing panel or medical panel in respect of a person; (xi) the determination and findings of a matter by a hearing panel or medical panel in respect of a person. (5) The Victorian Registration and Qualifications Authority and the Victorian Curriculum and Assessment Authority must include in their annual report under the **Financial Management Act 1994** in the period to which the report relates a copy of each direction that is given under subsection (2) to the Authority and that is expressed to apply to that Authority. S. 5.2.1(6) repealed by No. 10/2021 s. 36(4), new s. 5.2.1(6) inserted by No. 32/2021 s. 5. (6) The Victorian Academy of Teaching and Leadership must include in its annual report under the **Financial Management Act 1994** in the period to which the report relates a copy of each direction that is given under subsection (3) to the Academy and that is expressed to apply to the Academy. (7) Nothing in this section limits the powers of the Minister at common law or under any convention or practice relating to powers of Ministers generally. 5.2.2 Minister's powers about multi-sector arrangements Without limiting any other powers of the Minister under this Act, the Minister may— (a) enter into agreements and effect arrangements to enable— (i) a Government school and a TAFE institute to share facilities or services and to provide or deliver education services in partnership or under a joint arrangement; (ii) shared educational precincts to be established where a Government school, a TAFE institute and a University could be located in the same area; (iii) multi-sector education services to be provided at the same location or under the management or control of more than one person or body; (b) approve agreements or arrangements entered into by any person or body to do any of the things referred to in paragraph (a). 5.2.3 Minister's powers to acquire land (1) The Minister may purchase by agreement or compulsorily acquire any land required for the purposes of this Act. S. 5.2.3(2) substituted by No. 29/2023 s. 19. (2) Despite subsection (1), the Minister must not compulsorily acquire land for the purposes of the provision of a service associated with early childhood education and care unless the Minister is also compulsorily acquiring the land for the purposes of the provision of early childhood education and care. (3) The **Land Acquisition and Compensation Act 1986** applies to this Act and for that purpose— (a) this Act is the special Act; and (b) the Minister is the Authority. S. 5.2.4 substituted by No. 29/2023 s. 20. 5.2.4 Powers of the Minister as to leases and other arrangements relating to land (1) The Minister, for and on behalf of the Crown, may— (a) take on lease or under any other arrangement any land or premises required for a relevant purpose; or (b) grant or enter into any lease of or enter into any other arrangement for any land or premises required for a relevant purpose. ***relevant purpose*** means any one or more of the following purposes— (a) the purpose of providing education or training; or (b) the purpose of providing a direct or indirect benefit to education or training; or (c) the purpose of providing early childhood education and care; or (d) the purpose of providing a direct or indirect benefit to early childhood education and care; or (e) the purpose of providing services associated with early childhood education and care; or (f) the purpose of providing a direct or indirect benefit to services associated with early childhood education and care. 5.2.5 Minister's power over reserved Crown lands The Minister, for and on behalf of the Crown, may enter into any lease or licence over any land reserved for educational purposes under the **Crown Land (Reserves) Act 1978**. S. 5.2.6 substituted by No. 70/2008 s. 32. 5.2.6 Vesting of land in Minister administering this Act S. 5.2.6(1) amended by No. 28/2010 s. 14(1). (1) All land acquired for the purposes of this Act (except land purchased for the purposes of Part 5.7A) by a Minister administering this Act is vested in the Minister administering the **Education and Training Reform Act 2006**. (2) The Minister administering the **Education and Training Reform Act 2006** is deemed to be the registered proprietor of land that is vested in the Minister under subsection (1). (3) The Registrar of Titles*,* on being requested to do so and on delivery of any relevant certificate of title, must make any amendments in the Register that are necessary because of the operation of subsection (1) or (2). (4) The Minister administering the **Education and Training Reform Act 2006** may sell or otherwise dispose of any land vested in the Minister and may do all things necessary and execute all necessary documents for that purpose. (5) The proceeds of every sale or disposition of an interest in fee simple in land must be paid into the Consolidated Fund. S. 5.2.6(5A) inserted by No. 28/2010 s. 14(2). (5A) Subsection (5) does not apply to the proceeds of the sale or other disposition of any part of the Mildura schools land under Part 5.7A or a disposition in fee simple of any part of that land that has otherwise occurred. (6) In this section the ***Minister administering the Education and Training Reform Act 2006*** means any Minister of the Crown for the time being administering this section. 5.2.7 Agreements and arrangements concerning use of property (1) The Minister may enter into an agreement or arrangement, on any terms that the Minister thinks fit, with any person (including any other responsible Minister of the Crown) or body— (a) for or in relation to the use of any real or personal property for the purposes of this Act; or (b) for or in relation to the use, for the benefit of the community, or any part of the community, of— (i) any lands vested in the Minister or taken on lease under section 5.2.4; or (ii) any lands of the Crown reserved for any educational purpose (whether or not vested in trustees or jointly in the Minister for the time being administering the **Conservation, Forests and Lands Act 1987** and trustees); or (iii) any equipment or materials used for the purposes of any Government school. (2) Without limiting the generality of subsection (1), an agreement or arrangement under this section may provide for— (a) the development, construction, improvement, renovation or repair of any property to which the agreement or arrangement relates; and (b) the provision of services or performance of work in connection with the use of any such property. (3) For the purpose of carrying out an agreement or arrangement under subsection (1), the Minister may do anything and exercise any powers, functions and authorities as, in the opinion of the Minister, are necessary or expedient to carry out the terms of the agreement or arrangement. (4) Despite anything to the contrary in any other Act, a responsible Minister of the Crown or public statutory body is authorised and empowered by authority of this section to enter into an agreement or arrangement under this section with the Minister and to do or suffer anything necessary or expedient for carrying the agreement or arrangement into effect. (5) A Minister of the Crown, at the request of the Minister or a school council, with the approval of the Minister, may enter into any agreement or arrangement which the Minister is authorised to enter into under this section. (6) A Minister of the Crown or the school council may do anything and exercise any powers, functions and authorities as in his, her or its opinion are necessary or expedient to carry out the terms of the agreement or arrangement. (7) An agreement or arrangement made under this section is of full force and effect despite anything to the contrary in any Act or law relating to Crown lands. 5.2.8 Minister's powers for off shore education services (1) The Minister may do all or any of the following to enable educational, training or other related services to be provided outside Victoria— (a) enter into a contract or arrangement for providing those educational, training or other related services outside Victoria and employ people outside Victoria to provide those services; (b) purchase, acquire or dispose of land or any interest in land or premises outside Victoria or enter into any agreement concerning land or premises outside Victoria; (c) enter into a joint venture with another person or body to provide educational, training or other related services overseas outside Victoria. (2) Without limiting subsection (1), the Minister may enter into a contract or arrangement for educational or other related services of a Government school to be provided (whether within or outside Victoria) to persons not attending a Government school. S. 5.2.9 amended by Nos 58/2007 s. 35(a), 37/2015 s. 21. 5.2.9 Delegations by Minister The Minister may, by instrument, delegate to another Minister, a member of the Parliament of Victoria, any person holding office under this Act or any person employed under this Act or involved in the administration of this Act his or her powers under this Act or the regulations, other than— (a) the power to issue directions or guidelines to any body established under this Act or any other body established under any other Act that the Minister is responsible for administering; or (b) the power to issue guidelines about vocational education and training or adult, community and further education in Victoria; or (c) the power to acquire real property or an interest in real property by agreement or compulsory acquisition; or S. 5.2.9(d) amended by No. 58/2007 s. 35(b). (d) the power to nominate or appoint any Chairperson or member of a board established under this Act; or (e) the power to fix fees; or (f) the power to appoint authorised officers or school attendance officers; or (g) this power to delegate. S. 5.2.9A inserted by No. 73/2012 s. 7. 5.2.9A Delegation of Minister's powers S. 5.2.9A(1) amended by No. 76/2013 s. 11. (1) The Minister, by instrument, may delegate to all the directors of the board of a TAFE institute or all the members of the council of a dual sector university any power or function under Division 2 of Part 5.4. S. 5.2.9A(2) amended by No. 76/2013 s. 11. (2) If a power or function has been delegated to all the directors of the board of a TAFE institute or all the members of the council of a dual sector university under subsection (1), the directors of that board or the members of that council may delegate the power or function to— (a) any person holding office under this Act or any person employed under this Act or involved in the administration of this Act; and (b) in the case of the directors of the board of a TAFE institute, any person employed by the TAFE institute under Part 3.1; and S. 5.2.9A(2)(c) amended by No. 76/2013 s. 11. (c) in the case of a dual sector university, any person employed on the staff of the university— if the original instrument of delegation of that power or function authorised the making of a further delegation. (3) An original instrument of delegation may specify any terms, conditions, limitations or restrictions on the making of a further delegation. (4) Sections 42 and 42A of the **Interpretation of Legislation Act 1984** apply to a sub-delegation authorised by subsection (2) in the same way as they apply to a delegation. 5.2.10 Establishment of bodies to advise Minister (1) The Minister may from time to time by Order appoint any person or establish any body comprising persons with experience or expertise in, or able to offer informed advice about, education and training— (a) to advise the Minister on any matter relating to education and training referred to the person or body by the Minister; and (b) to exercise any of the powers and functions of the Minister that are delegated to the person or body under this Act. (2) The Minister may, in any Order made under subsection (1), make any provision with respect to the terms and conditions of appointment of the person or of the members of the body and the functions and procedure of the person or the body as the Minister thinks fit. (3) Nothing in this section limits the powers of the Minister to establish advisory committees or other similar bodies or have regard to the advice of any person, committee or other body. 5.2.11 Minister's powers to require financial agreements The Minister may require any person or body that receives or will receive any grant of money from the State for educational purposes to enter into an agreement setting out the terms and conditions of receiving that money. S. 5.2.12 repealed by No. 37/2015 s. 22. 5.2.13 Minister's powers to fix fees (1) The Minister, by Order, may fix any fees that are required, permitted or authorised to be fixed by the Minister under this Act. S. 5.2.13(1A) inserted by No. 70/2008 s. 33. (1A) The Minister, when fixing a fee under subsection (1) that may be charged by, or is required to be paid to, the Authority for or in connection with a thing done by the Authority, may fix a different higher fee if the thing is to be done by a person performing a function delegated by the Authority under section 4.2.7A. (2) The Minister's powers to fix fees may be exercised by fixing different fees for different classes of applications or investigations. S. 5.2.13(3) inserted by No. 58/2007 s. 36. (3) If the Minister fixes a fee by Order under this section, the Minister may in the Order authorise the payment of the fee by periodic instalment amounts fixed by the Minister. S. 5.2.13(4) inserted by No. 58/2007 s. 36. (4) Despite anything to the contrary in this Act, if the Minister authorises the payment of a fee by instalments in respect of an application or investigation, the body considering the application or undertaking the investigation may take that action and may make any determination in respect of the application on payment of the first instalment of the fee. S. 5.2.13(5) inserted by No. 58/2007 s. 36. (5) The person required to pay the fee that is authorised to be paid by instalments must pay each instalment by the date that it is due to be paid. S. 5.2.13(6) inserted by No. 58/2007 s. 36. (6) Any instalment that is not paid by the due date for that instalment is a debt due to the body charging the fee. Part 5.3—Secretary's functions and powers 5.3.1 Secretary's powers of employment (1) For the purposes of this Act, there shall be staff employed by the Secretary under Part 3 of the **Public Administration Act 2004**. S. 5.3.1(2) substituted by No. 9/2021 s. 4. (2) Subject to section 2.5.5(1A), any staff employed for the purposes of the following provisions must be employed by the Secretary under Part 3 of the **Public Administration Act 2004**— (a) Part 2.5; (b) Division 1 of Part 3.1; (c) Division 2 of Part 3.3; (d) Chapter 4; (e) this Chapter. Section 2.5.5(1A) allows the Victorian Curriculum and Assessment Authority to employ staff for limited purposes. S. 5.3.1(3) inserted by No. 32/2021 s. 6. (3) Staff employed for the purposes of Part 2.6A, in addition to any staff employed by the Secretary in the teaching service under Part 2.4, must be employed by the Secretary under Part 3 of the **Public Administration Act 2004**. S. 5.3.2 amended by No. 73/2012 s. 8(1). 5.3.2 Secretary's other functions and powers The Secretary is responsible for implementing any policy or decision of the Minister. 5.3.3 Delegation of Secretary's powers S. 5.3.3(1) amended by Nos 19/2008 s. 10, 42/2016 s. 11. (1) The Secretary, by instrument, may delegate to any person (including a statutory authority established or continued under this Act) any power or function of the Secretary under this Act, other than this power of delegation and the Secretary's powers under sections 2.4.3(1)(c) and (d) and 2.4.61A(1). S. 5.3.3(2) amended by No. 58/2007 s. 37. (2) The Secretary may, by instrument, delegate to a school council or any other person any power or function of the Secretary relating to the employment of persons under section 2.4.3(1)(c) and (d). (3) A school council may by instrument delegate to a member or the members of a sub-committee which consists entirely of members of the council all or any of the powers or functions delegated to the council under subsection (2). (4) The Secretary may, by instrument, limit the powers or functions which may be delegated under subsection (3) or impose conditions on the exercise of the delegated powers or functions either generally or with respect to particular schools or class of school. S. 5.3.4 (Heading) amended by No. 19/2014 s. 13(1). 5.3.4 Secretary may request criminal record check of employee (1) In this section— S. 5.3.4(1) def. of *relevant person* amended by No. 7/2024 s. 13. ***relevant person*** means— (a) a person employed by the Secretary in the teaching service under Part 2.4 or under the **Public Administration Act** **2004**; or (ab) a person employed by the Secretary in the government ELC workforce under section 2A.1.4(1); or (b) a person employed by a school council under Part 2.3. S. 5.3.4(2) amended by No. 19/2014 s. 13(2). (2) The Secretary may, at any time, request the Chief Commissioner of Police to give to the Secretary information concerning the criminal record, if any, of a relevant person who performs some or all of their duties in a Government school and, for that purpose, may disclose to the Chief Commissioner the information concerning the relevant person that is necessary to conduct the check of the person's criminal record. S. 5.3.4(3) amended by No. 19/2014 s. 13(2). (3) If a request relates to a relevant person employed by a school council, the school council may disclose to the Secretary the information concerning the relevant person that is necessary to conduct the check of the person's criminal record. (4) The Secretary may make a request under subsection (2) without the consent of the relevant person named in the request but must give notice of the request to that person. (5) The Chief Commissioner of Police must, not more than 14 days after receiving a request under subsection (2), enquire into and report to the Secretary on the criminal record, if any, of the relevant person named in the request. (6) If the report relates to a relevant person employed by a school council, the Secretary may give a copy of the report to the school council. 5.3.5 Effectiveness and efficiency review (1) The Secretary may appoint a person to carry out, in accordance with any Order made by the Minister under subsection (3), an effectiveness and efficiency review of the operations, or specified operations, of a school council and to report the results of the review to the Secretary. (2) In subsection (1) a reference to an effectiveness and efficiency review of operations of a council is a reference to— (a) an examination of the functions performed by, and the operations carried on by, the council for the purpose of forming an opinion concerning the extent to which those operations are being carried on in an effective and efficient manner; and (b) an examination of the procedures that are followed by the council for reviewing operations carried on by it and an evaluation of the adequacy of those procedures to enable the council to assess the extent to which those operations are being carried on in an effective and efficient manner. (3) The Minister may make an Order for or with respect to any matter that relates to effectiveness and efficiency reviews including but not limited to— (a) the nature of the reviews; (b) the manner in which the reviews are to be carried out; (c) the frequency and timing of reviews. (4) The Secretary must ensure that written notice of the carrying out of an effectiveness and efficiency review is given before the commencement of the carrying out of that review to both the president of the school council and the principal. Pt 5.3A (Heading and ss 5.3A.1–5.3A.19) inserted by No. 19/2008 s. 11. Part 5.3A—Victorian student numbers and Student Register Division 1—Introductory S. 5.3A.1 inserted by No. 19/2008 s. 11. 5.3A.1 Definitions ***authorised user*** means a person or body or class of person or body authorised under section 5.3A.9; ***disclose*** in relation to related information includes divulge or communicate to any person or body; S. 5.3A.1 def. of *education or training provider* substituted by Nos 28/2010 s. 15, 71/2010 s. 23, amended by Nos 39/2012 s. 49, 76/2013 s. 12. ***education or training provider*** means— (a) a person, body or school registered by the Authority under Division 1 or 3 of Part 4.3; or (b) a person, body or school registered under Division 4 of Part 4.3; or (c) a training organisation that is treated as being registered on the National Register under section 4.3.14; or (d) a person or body receiving a grant subsidy or loan by the Adult, Community and Further Education Board (within the meaning of Part 3.3) in relation to the provision of adult, community and further education; ***related information*** means, in respect of a Victorian student number, the information contained in the Student Register relating to the student allocated with that number; ***student*** includes a child. S. 5.3A.2 inserted by No. 19/2008 s. 11. 5.3A.2 Application of Part This Part applies to students of less than 25 years of age. Division 2—Victorian student numbers and the Student Register S. 5.3A.3 inserted by No. 19/2008 s. 11. 5.3A.3 Requirements for allocation or verification of Victorian student numbers (1) An education or training provider must, at the time of enrolling a student in a course or program of study or training, apply to the Secretary— (a) to allocate a Victorian student number to the student; or (b) if a Victorian student number has previously been allocated to the student, to verify that number. (2) The Authority must, at the time of registering a student for home schooling, apply to the Secretary— (a) to allocate a Victorian student number to the student; or (b) if a Victorian student number has previously been allocated to the student, to verify that number. S. 5.3A.4 inserted by No. 19/2008 s. 11. 5.3A.4 Information to be provided to Secretary (1) An education or training provider or the Authority must— S. 5.3A.4(1)(a) amended by No. 70/2008 s. 39(1). (a) provide to the Secretary, with an application under section 5.3A.3(1)(a) or 5.3A.3(2)(a), the information set out in paragraphs (b) to (e) of section 5.3A.7; and S. 5.3A.4(1)(b) amended by No. 70/2008 s. 39(1). (b) provide to the Secretary, with an application under section 5.3A.3(1)(b) or 5.3A.3(2)(b), the information set out in paragraphs (a) to (e) of section 5.3A.7. (2) The relevant education or training provider or the Authority must notify the Secretary of any changes to the information provided under this section, including any cancellation of enrolment or registration for home schooling of the student, as soon as possible after the change. S. 5.3A.5 inserted by No. 19/2008 s. 11. 5.3A.5 Secretary must allocate or verify Victorian student number (1) The Secretary must allocate a Victorian student number to a student— (a) on receiving an application from an education or training provider under section 5.3A.3(1)(a) relating to the enrolment of the student; or (b) on receiving an application from the Authority under section 5.3A.3(2)(a) relating to the registration of the student for home schooling. (2) Subsection (1) does not apply if the Secretary has previously allocated a Victorian student number to the student. (3) The Secretary must verify the Victorian student number previously allocated to a student on receiving an application from an education or training provider under section 5.3A.3(1)(b) or from the Authority under section 5.3A.3(2)(b) in relation to the student. S. 5.3A.6 inserted by No. 19/2008 s. 11. 5.3A.6 Secretary to notify provider or Authority of Victorian student number The Secretary must notify the relevant education or training provider or the Authority (as the case requires) of the Victorian student number allocated to a student under section 5.3A.5(1). S. 5.3A.7 inserted by No. 19/2008 s. 11. 5.3A.7 Secretary must establish Student Register The Secretary must establish and maintain a Student Register containing the following information received by the Secretary under this Part relating to any student allocated with a Victorian student number— (a) the student's Victorian student number; (b) the student's full name; (c) the student's date of birth; (d) the gender of the student; (e) the date of enrolment of the student by an education or training provider or registration of the student for home schooling (as the case requires); (f) the date of cancellation of enrolment of the student by an education or training provider or cancellation of registration of the student for home schooling (as the case requires). S. 5.3A.8 inserted by No. 19/2008 s. 11. 5.3A.8 Secretary to maintain Student Register The Secretary must ensure that any information recorded in the Student Register that relates to a student is corrected if the Secretary is informed of any change to that information under section 5.3A.4(2). Division 3—Access, use or disclosure of Victorian student numbers and related information S. 5.3A.9 inserted by No. 19/2008 s. 11, amended by Nos 28/2010 s. 16, 73/2012 s. 106, substituted by No. 32/2022 s. 49. 5.3A.9 Authorisations for use of Victorian student numbers or related information (1) The Secretary may authorise, in writing, a person, body or class of persons or bodies to access, use or disclose one or more Victorian student numbers or related information. (2) An authorisation under subsection (1) may authorise the access, use or disclosure of one or more Victorian student numbers or related information for any or all of the following purposes— (a) monitoring and ensuring student enrolment and attendance; (b) ensuring education or training providers and students receive appropriate resources; (c) statistical purposes relating to education or training; (d) research purposes relating to education or training; (e) ensuring students' educational records are accurately maintained; (f) as required or authorised by or under law; (g) a purpose prescribed in the regulations; (h) a purpose specified in a Ministerial Order. (3) An authorisation under subsection (1) may be subject to conditions. (4) The Secretary may revoke an authorisation under subsection (1) at any time. S. 5.3A.9A inserted by No. 32/2022 s. 50. 5.3A.9A Secretary to have regard to guidelines when giving or revoking an authorisation The Secretary must have regard to— (a) guidelines issued under section 5.3A.10A(2)(a) (if any) before giving an authorisation under section 5.3A.9(1); and (b) guidelines issued under section 5.3A.10A(2)(c) (if any) before revoking an authorisation under section 5.3A.9(4). S. 5.3A.10 inserted by No. 19/2008 s. 11, amended by No. 23/2017 s. 36, substituted by No. 32/2022 s. 51. 5.3A.10 Authorised users must act in accordance with Division 3 of Part 5.3A (1) An authorised user must not access, use or disclose the Victorian student number or related information except in accordance with this Division. Penalty: 30 penalty units. (2) This section does not apply to an authorised user who is a statutory authority. S. 5.3A.10A inserted by No. 32/2022 s. 52. 5.3A.10A Guidelines (1) The Secretary must issue guidelines addressing the following matters— (a) the manner in which an authorised user may access, use or disclose the Victorian student number or related information for a purpose specified in section 5.3A.9(2); (b) the storage and destruction of the Victorian student number or related information in the Student Register; (c) any prescribed matter; (d) any matter specified in a Ministerial Order. (2) Without limiting subsection (1), the Secretary may also issue guidelines addressing the following matters— (a) matters to be considered in relation to giving an authorisation under section 5.3A.9(1); (b) the types of persons, bodies or classes or persons or bodies who may be authorised by the Secretary under section 5.3A.9(1); (c) matters to be considered in relation to revoking an authorisation under section 5.3A.9(4); (d) notification of the making of an authorisation; (e) reporting requirements for authorised users; (f) any other matter determined by the Secretary; (g) any prescribed matter; (h) any matter specified in a Ministerial Order. (3) Guidelines issued under this section take effect on the date specified in the guidelines. (4) The Secretary must publish any guidelines issued under this section on an appropriate Internet site as soon as possible after the guidelines are issued. (5) The Secretary may review guidelines issued under this section at any time and may issue amended guidelines as the Secretary considers necessary. (6) Guidelines issued under this section are not legislative instruments within the meaning of the **Subordinate Legislation Act 1994**. S. 5.3A.10B inserted by No. 32/2022 s. 52. 5.3A.10B Authorised users must comply with guidelines (1) An authorised user must comply with guidelines issued by the Secretary (if any) under section 5.3A.10A that relate to the authorised user. (2) An authorised user's failure to comply with guidelines issued by the Secretary under section 5.3A.10A does not constitute an offence against section 5.3A.10(1). S. 5.3A.10C inserted by No. 32/2022 s. 52. 5.3A.10C Application of Privacy and Data Protection Act 2014 to certain authorised users (1) This section applies to an authorised user that is not— (a) an organisation within the meaning of the **Privacy and Data Protection Act 2014**; or (b) subject to the Privacy Act 1988 of the Commonwealth, or that Act as applied as a law of Victoria by any other law. (2) The **Privacy and Data Protection Act 2014** applies to the handling of personal information or unique identifiers by an authorised user under this Division as if the authorised user were an organisation within the meaning of that Act. S. 5.3A.11 inserted by No. 19/2008 s. 11. 5.3A.11 Student, parent or guardian may access Student Register information (1) A student or a student's parent or guardian may apply to the Secretary for a copy of the information recorded in the Student Register relating to that student. (2) An application under subsection (1) must— (a) be in the manner and form approved by the Secretary; and (b) be accompanied by— (i) evidence of the applicant's identity to the satisfaction of the Secretary; and (ii) in the case of a parent or guardian, evidence of the applicant's relationship to the student to the satisfaction of the Secretary. S. 5.3A.12 inserted by No. 19/2008 s. 11. 5.3A.12 Secretary to provide copy of information to students, parents or guardians (1) If a student or the student's parent or guardian applies for a copy of the information recorded in the Student Register relating to the student in accordance with section 5.3A.11, the Secretary must provide a copy of that information to the student, parent or guardian. (2) Subsection (1) does not apply to the provision of information to a parent or guardian if an order of a court or tribunal prevents or restricts access by the parent or guardian to that student. S. 5.3A.13 inserted by No. 19/2008 s. 11. 5.3A.13 Student may use or disclose his or her Victorian student number Despite anything to the contrary in this Part, a student may use or disclose the Victorian student number allocated to him or her for any lawful purpose. S. 5.3A.14 inserted by No. 19/2008 s. 11, amended by Nos 23/2017 s. 36, 11/2018 s. 29, substituted by No. 32/2022 s. 53. 5.3A.14 Prohibition on Secretary's use or disclosure The Secretary must not use, or disclose to any person or body, the Victorian student number allocated to a student or any related information except— (a) to an authorised user in accordance with the authorisation of that authorised user; or (b) as required or authorised by or under law; or (c) in the exercise of any other function, power or duty under this Part. S. 5.3A.15 inserted by No. 19/2008 s. 11. 5.3A.15 False representation A person must not wilfully make or cause to be made any false or misleading statement, or provide any false or misleading information, in any matter relating to— (a) the allocation of a Victorian student number; or (b) registration on, or access to, the Student Register. Division 4—Implementation of allocation of Victorian student numbers S. 5.3A.16 inserted by No. 19/2008 s. 11. 5.3A.16 Definition In this Division, ***commencement date*** means the day that section 11 of the **Education and Training Reform Amendment Act 2008** comes into operation. S. 5.3A.17 inserted by No. 19/2008 s. 11. 5.3A.17 Secretary to allocate current students with Victorian student numbers (1) The Secretary must allocate the following students with a Victorian student number as soon as is practicable— (a) any student who, immediately before the commencement date, was enrolled with an education or training provider and is still enrolled with that provider; (b) any student who, immediately before the commencement date, was registered for home schooling by the Authority and is still registered for home schooling. (2) On allocating a Victorian student number under subsection (1), the Secretary must notify the relevant education or training provider or the Authority (as the case requires) of the Victorian student number allocated to the student. (3) Subsection (1) does not apply if— (a) the Secretary has previously allocated the student with a Victorian student number under section 5.3A.5(1); or (b) the student— (i) is no longer enrolled with any education or training provider; or (ii) has ceased to be registered for home schooling. S. 5.3A.18 inserted by No. 19/2008 s. 11. 5.3A.18 Secretary may request information relating to students (1) For the purposes of section 5.3A.17, the Secretary may request— S. 5.3A.18 (1)(a) amended by No. 70/2008 s. 39(1). (a) an education or training provider to provide the information set out in paragraphs (b) to (e) of section 5.3A.7 relating to any student who— (i) was enrolled with the provider immediately before the commencement date; and (ii) is still enrolled with that provider at the date of the request; or S. 5.3A.18 (1)(b) amended by No. 70/2008 s. 39(1). (b) the Authority to provide the information set out in paragraphs (b) to (e) of section 5.3A.7 relating to any student who— (i) was registered for home schooling immediately before the commencement date; and (ii) is still registered for home schooling at the date of the request. (2) An education or training provider or the Authority must comply with any request under subsection (1) as soon as is practicable. S. 5.3A.19 inserted by No. 19/2008 s. 11. 5.3A.19 Appointed days for application of section 5.3A.3 to providers (1) Despite section 5.3A.3, that section does not apply to a specific class of education or training provider until a day appointed by the Minister under this section. (2) The Minister may, by Order published in the Government Gazette, appoint a day (being a day not later than 31 December 2010) for the application of section 5.3A.3 to a class of education or training provider specified in that Order. Part 5.4—Workplace learning Pt 5.4 Div. 1 (Heading) amended by No. 70/2008 s. 34. Division 1—Work experience and structured workplace learning arrangements 5.4.1 Definitions ***child*** means a person under the age of 15 years; S. 5.4.1 def. of *factory* amended by No. 62/2008 s. 8. ***factory*** means factory within the meaning of Part 3 of the **ANZAC Day Act 1958**; ***law*** includes employment agreement or contract of employment; S. 5.4.1 def. of *nominated person* inserted by No. 2/2025 s. 35. ***nominated person*** means— (a) in the case of a work experience arrangement—a person or a member of a class of persons nominated under section 5.4.2A(a); or (b) in the case of a structured workplace learning arrangement—a person or a member of a class of persons nominated under section 5.4.2A(b); ***school*** means— (a) a registered school; or (b) a school approved by the Minister for the purposes of this Division; ***school year***, in respect of any school, means that portion of the year beginning with the first school day of that year and ending with the last school day of that year; ***structured workplace learning arrangement*** means an arrangement for structured workplace learning made under section 5.4.5; ***trade*** includes process, trade, business and occupation and any branch or branches of a process, trade, business or occupation; ***work experience arrangement*** means an arrangement made under section 5.4.3; ***young person*** means a person of or over the age of 15 years and under the age of 21 years. S. 5.4.2 substituted by No. 76/2011 s. 8. 5.4.2 Application of Division in relation to work experience and structured workplace learning arrangements S. 5.4.2(1) amended by No. 45/2021 s. 10. (1) The provisions of this Division relating to work experience arrangements also apply to a student in an accredited senior secondary course or an accredited foundation secondary course (within the meaning of section 4.1.1)— (a) at a TAFE institute; or (b) provided by a person or body registered under section 4.3.10 with respect to that course— as if— S. 5.4.2(1)(c) substituted by No. 2/2025 s. 36(1). (c) the TAFE institute or the person or body registered under section 4.3.10 (as the case may be) were a registered school; and S. 5.4.2(1)(ca) inserted by No. 2/2025 s. 36(1). (ca) the student were a student at the school; and (d) the chief executive officer (however described) of the TAFE institute, person or body were the principal of the school; and (e) a member of staff of the TAFE institute, person or body were a teacher of the school. S. 5.4.2(2) amended by No. 45/2021 s. 10. (2) The provisions of this Division relating to structured workplace learning arrangements also apply to a student in an accredited senior secondary course or an accredited foundation secondary course (within the meaning of section 4.1.1) provided by a person or body registered under section 4.3.10 with respect to that course as if— S. 5.4.2(2)(a) substituted by No. 2/2025 s. 36(2). (a) the person or body registered under section 4.3.10 were a registered school; and S. 5.4.2(2)(ab) inserted by No. 2/2025 s. 36(2). (ab) the student were a student at the school; and (b) the chief executive officer (however described) of the person or body were the principal of the school; and (c) a member of staff of the person or body were a teacher of the school. S. 5.4.2A inserted by No. 2/2025 s. 37. 5.4.2A Nominated persons In accordance with any Ministerial Order, the principal of a school may nominate a person or class of persons employed at the school to make— (a) a work experience arrangement; or (b) a structured workplace learning arrangement. 5.4.3 Work experience arrangements S. 5.4.3(1) amended by No. 2/2025 s. 38(1). (1) A student at a school may be placed with an employer for work experience as part of the student's education if the principal of the school or a nominated person of the school has made an arrangement in writing with the employer about the placement of the student with the employer. S. 5.4.3(2) amended by No. 2/2025 s. 38(2)(a). (2) The principal of the school or a nominated person of the school may make a work experience arrangement in respect of a student who is a child if the principal or the nominated person of the school (as the case may be) is satisfied that— S. 5.4.3(2)(a) amended by No. 2/2025 s. 38(2)(b). (a) the health, education and moral and material welfare of the student will not suffer from the proposed arrangement; and S. 5.4.3(2)(b) amended by No. 2/2025 s. 38(2)(b). (b) the student is fit to be engaged in the proposed work experience; and S. 5.4.3(2)(c) amended by No. 2/2025 s. 38(2)(b). (c) the student will not be subjected to any form of exploitation in the course of the proposed work experience; and (d) the proposed work experience is not prohibited employment within the meaning of the **Child Employment Act 2003**. Section 5.4.7 contains further restrictions on the making of work experience arrangements for certain types of employment. (3) A work experience arrangement under subsection (1) may be made with an employer in another State or Territory— (a) if that State or Territory is declared by Order of the Governor in Council to be a reciprocating State or Territory for the purposes of this section; or S. 5.4.3(3)(b) amended by No. 2/2025 s. 38(3). (b) if the principal of the school or a nominated person of the school (as the case may be) is satisfied that it is appropriate that the arrangement should be made. (4) A work experience arrangement under subsection (1) may be made in respect of a student of or over the age of 21 years in the circumstances set out in a Ministerial Order made under section 5.4.4. 5.4.4 Orders about work experience arrangements (1) The Minister may make Orders about the placement of students with employers for obtaining work experience as part of a student's education. (2) Without limiting the generality of subsection (1) an Order may provide for— (a) the number of students that an employer or class of employer is permitted to employ under a work experience arrangement; (b) the minimum rate of payment payable to a student employed under a work experience arrangement; (c) the hours of the day in which a student can work under a work experience arrangement; (d) any other terms and conditions for work experience arrangements including work experience arrangements referred to in section 5.4.3(3); S. 5.4.4(2)(e) amended by No. 2/2025 s. 39(1). (e) the circumstances and terms and conditions under which the principal of a school or a nominated person of the school can make work experience arrangements about the placement of students of or over the age of 21 years with an employer; S. 5.4.4(2)(f) substituted by No. 2/2025 s. 39(2). (f) a requirement that the principal of a school or a nominated person of the school conduct a national criminal history check in relation to the following persons before a work experience arrangement is made in relation to a student— (i) the employer; (ii) any other person who will have direct supervision or control of the student during the student's work experience; S. 5.4.4(2)(g) substituted by No. 2/2025 s. 39(2). (g) a requirement that students undertake occupational health and safety training before undertaking work experience; S. 5.4.4(2)(h) substituted by No. 2/2025 s. 39(2). (h) a requirement that the principal of a school or a nominated person of the school ensure that a student undertaking work experience is contacted by a person employed at the school at least once during the student's work experience. 5.4.5 Structured workplace learning arrangements S. 5.4.5(1) substituted by No. 2/2025 s. 40(1). (1) A student of a school who is of or over the age of 15 years and undertaking a course of study accredited by the Authority may be placed with an employer for training as part of that course of study if— (a) the following persons have made an arrangement about the student's placement— (i) the principal of the school or a nominated person of the school; (ii) the employer; (iii) the student; (iv) if the student is under the age of 18 years, the parent of the student; and (b) the arrangement does not involve the placement of the student at a skills or training centre that is not operated by, or under the direct control of, the employer. S. 5.4.5(2) repealed by No. 2/2025 s. 40(1). (3) An arrangement for structured workplace learning may be made with an employer in another State or Territory— (a) if that State or Territory is declared by Order of the Governor in Council to be a reciprocating State or Territory for the purposes of this section; or S. 5.4.5(3)(b) amended by No. 2/2025 s. 40(2). (b) if the principal of the school or a nominated person of the school (as the case may be) is satisfied that it is appropriate that the arrangement should be made. 5.4.6 Orders about structured workplace learning (1) The Minister may make Orders about the work placement of students or any class of students with employers for training. (2) Without limiting the generality of subsection (1) an Order may provide for— (a) the circumstances in which and the requirements which must be satisfied before structured workplace learning arrangements can be entered into; (b) without limiting the generality of paragraph (a), requiring students 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; (c) the maximum number of structured workplace learning hours or days that a student can be employed for under a structured workplace learning arrangement; (d) the hours of the day in which a student can work under a structured workplace learning arrangement; (e) the maximum number of students who can be employed by an employer at any time; (f) the circumstances in which a structured workplace learning arrangement can be varied, suspended or cancelled; (g) the minimum rate of payment for a student employed under a structured workplace learning arrangement; (h) any other terms and conditions for structured workplace learning arrangements including structured workplace learning arrangements referred to in section 5.4.5 with employers in other States or Territories. 5.4.7 Conditions of employment under work experience arrangements (1) The employment of students under work experience arrangements is subject to the following conditions— (a) a student must not be employed under this Division for more than 40 days during any school year nor more than 10 days during any school term; S. 5.4.7(1)(b) amended by No. 2/2025 s. 41(a). (b) the principal of a school or a nominated person of the school may make a work experience arrangement with an employer for the placement of a particular student with that employer for specified periods during a school year; (c) an employer must not at any time employ more than the number of students that employers are permitted to employ by an Order made under section 5.4.4; (d) the period of employment in respect of any arrangement must not exceed a total of 10 days; (e) the full period in respect of the employment is to be a period falling within the school year. (2) A work experience arrangement— (a) may be varied or amended by a further arrangement; and (b) may be cancelled at any time by notice in writing— S. 5.4.7(2)(b)(i) amended by No. 2/2025 s. 41(b). (i) given by the employer to the principal of the school or a nominated person of the school; or S. 5.4.7 (2)(b)(ii) amended by No. 2/2025 s. 41(b). (ii) given by the principal of the school or a nominated person of the school to the employer. S. 5.4.7(3) amended by No. 2/2025 s. 41(c). (3) The principal of a school or a nominated person of the school may suspend the operation of a condition in subsection (1)— (a) to allow a student 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 student 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 and subject to any terms or conditions required by Ministerial Order. (4) The Minister or a person employed in the Department authorised in writing by the Minister for that purpose may suspend the operation of all or any of the conditions of employment set out in paragraphs (a), (b), (d) and (e) of subsection (1) with respect to any student with a disability or impairment. (5) A suspension made under subsection (4)— (a) must be in writing signed by the Minister or the authorised officer; (b) may be given with respect to any specified student or any specified group or class of students; (c) may be for a specified time or indefinitely; and (d) may be varied or revoked by the Minister or the authorised officer (as the case requires). 5.4.8 Conditions of employment under structured workplace learning arrangements (1) A structured workplace learning arrangement must— (b) set out— (i) details of the accredited course of study; and (ii) the skills and competencies that the student is expected to obtain during the structured workplace learning; and (iii) the total number of days or hours that the student will be employed by the employer; and (iv) the period of employment under the structured workplace learning; and (v) the name of the employer or a person authorised by the employer to make structured workplace learning arrangements, the trading or operating name of the employer and the address of the work place where the student will be employed; and (c) be signed by— S. 5.4.8(1)(c)(i) amended by No. 2/2025 s. 42. (i) the principal of the student's school or a nominated person of the school; and (ii) the employer or a person authorised by the employer to make structured workplace learning arrangements; and (iii) the student; and (iv) if the student is under the age of 18 years, the parent of the student. (2) A structured workplace learning arrangement must not provide for any period of employment exceeding one calendar year. 5.4.9 Payment (1) Despite anything to the contrary in any law, the minimum rate of payment payable to a student employed under an arrangement— (a) in the case of a work experience arrangement, is the minimum rate of payment fixed under section 5.4.4; or (b) in the case of a structured workplace learning arrangement, is the minimum rate of payment fixed under section 5.4.6. (2) If— (a) an arrangement is for employment with an organisation that is engaged wholly or mainly in an educational, charitable, or community welfare service not conducted for profit; and (b) the student determines that the whole of his or her payment will be donated back to the organisation; and (c) the written consent of his or her parent is obtained to the proposed donation— the determination of the student to donate back the payment and the consent of his or her parent may be stated in the arrangement. (3) A department of the Commonwealth Government or a body established under a Commonwealth Act that employs a student under an arrangement is not required to make any payment to the student, despite anything to the contrary in this or any other Act or in any law or award. (4) If the Minister is satisfied that a structured workplace learning arrangement is for the employment of a student or a category of students in a skills or training centre conducted by an employer on a not for profit basis, the Minister may determine that the employer is not required to make any payment to a student or a member of the category of students referred to in the determination in respect of any period of employment in that centre. (5) If the Minister makes a determination under subsection (4) the employer is not required to make any payment to the student or the member of the category of students referred to in the determination in respect of any period of employment in the skills or training centre despite anything to the contrary in this or any other Act or in any law or award. S. 5.4.9(6) amended by No. 67/2013 s. 649(Sch. 9 item 13(1)). (6) For the purposes of the **Accident Compensation Act 1985** and the **Workplace Injury Rehabilitation and Compensation Act 2013**, payment at the minimum rate under subsection (1) is deemed to be payable to a student in the circumstances set out in subsections (3), (4) and (5). 5.4.10 Duty of care (1) A school or the principal or a 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 student of the school while that student is employed— (a) under a work experience arrangement or a structured workplace learning arrangement; or (b) as an apprentice under a training contract under Part 5.5 if the training for the student under that contract has been approved or endorsed by the principal of the school. S. 5.4.10(1A) inserted by No. 2/2025 s. 43(1). (1A) A nominated person of a school does not have and is not to be deemed to have a duty relating to the care or control of a student of the school while that student is employed under a work experience arrangement or a structured workplace learning arrangement. S. 5.4.10(2) amended by No. 2/2025 s. 43(2). (2) An action does not lie against a school, the principal, a teacher of a school or a nominated person of a school because of a breach of a duty referred to in subsection (1) or (1A). 5.4.11 Application of certain laws if employment is for work experience (1) Subject to this Division, an Act or law relating to the prohibition or regulation of the employment of children or young persons does not apply to the employment of a child or young person who— (a) is a student at a school; and (b) is of or over 14 years of age; and (c) with the written consent of a parent is employed under a work experience arrangement. (2) If an Act or law prohibits the employment or regulates the working conditions in a specified occupation— (a) of persons of less than or not more than a specified age expressed as a number of years; or (b) of females— then subsection (1) must not be taken to permit the employment of a person contrary to that Act or law. S. 5.4.11(3) amended by No. 27/2022 ss 45(1), 76. (3) For the avoidance of doubt, a licence under Division 2 of Part 2 of the **Child Employment Act 2003** is not required for the employment of a child in accordance with a work experience arrangement. S. 5.4.11(4) repealed by No. 27/2022 s. 45(2). (5) The Minister, by Order published in the Government Gazette, may declare any class of employment to be dangerous employment if, in the Minister's opinion, there is a higher than usual risk of a child being exposed to the risk of physical injury in employment of that class. (6) The Minister, by Order published in the Government Gazette, may from time to time amend or revoke an order made under subsection (5). (7) If in respect of any trade the working conditions of young persons are regulated but the employment or working conditions of children are not specifically prohibited or regulated, a child may be employed in that trade pursuant to a work experience arrangement so long as the working conditions are those applicable to a young person. 5.4.12 Arrangements for students from interstate S. 5.4.12(1) amended by No. 2/2025 s. 44(1). (1) Subject to subsection (1A), the principal of a school lawfully conducted in a reciprocating State or Territory may in writing— (a) make a work experience arrangement with an employer in Victoria with a view to providing a student at the school with work experience in Victoria as part of the student's education; or (b) make a structured workplace learning arrangement with an employer in Victoria with a view to providing a student of or over the age of 15 years at the school with training in Victoria as part of the student's education. S. 5.4.12(1A) inserted by No. 2/2025 s. 44(2). (1A) The principal of a school lawfully conducted in a reciprocating State or Territory may nominate a person or class of persons employed at the school to make— (a) a work experience arrangement under subsection (1)(a); or (b) a structured workplace learning arrangement under subsection (1)(b). S. 5.4.12(2) substituted by No. 2/2025 s. 44(3). (2) The provisions of this Division apply to— (a) a school lawfully conducted in a reciprocating State or Territory at which an arrangement is made under subsection (1) as if the school were a registered school in Victoria; and (b) a student in respect of whom an arrangement is made under subsection (1) as if the student were a student at a registered school in Victoria; and (c) a teacher at a school lawfully conducted in a reciprocating State or Territory at which an arrangement is made under subsection (1) as if the teacher were a teacher at a registered school in Victoria; and (d) the principal of a school lawfully conducted in a reciprocating State or Territory who makes an arrangement under subsection (1) as if the principal were the principal of a registered school in Victoria; and (e) a person nominated under subsection (1A)(a) to make a work experience arrangement as if the person was nominated under section 5.4.2A(a); and (f) a person nominated under subsection (1A)(b) to make a structured workplace learning arrangement as if the person was nominated under section 5.4.2A(b). S. 5.4.12(3) repealed by No. 70/2008 s. 35. S. 5.4.12(4) repealed by No. 2/2025 s. 44(4). (5) In this section, ***reciprocating State or Territory*** means another State or Territory which is declared by Order of the Governor in Council to be a reciprocating State or Territory for the purposes of this Division. Division 2—Practical placement 5.4.13 Definitions ***employer*** includes a department of the Commonwealth Government or a body established under a Commonwealth Act; ***law*** includes an employment agreement and any provision which restricts the employment of persons who are not apprentices; S. 5.4.13 def. of *post-secondary student* amended by No. 76/2011 s. 9. ***post-secondary student*** means a student who is enrolled in a post-secondary education course of a TAFE provider including a person who is not beyond the age of compulsory school attendance; A person may, in certain circumstances, cease his or her secondary education and enrol in a post-secondary education course despite not being over compulsory school age. In these circumstances the person will be a post-secondary student. ***practical placement agreement*** means an agreement entered into under section 5.4.14(1); S. 5.4.13 def. of *TAFE provider* substituted by No. 76/2011 s. 10. ***TAFE provider*** means— (a) a vocational education and training organisation or further education organisation registered under section 4.3.16; or (b) a training organisation that is treated as being registered on the National Register under section 4.3.14. 5.4.14 Practical placement agreements (1) A post-secondary student of a TAFE provider may be placed with an employer for work experience or training if the governing body of the TAFE provider has entered into an agreement in writing with the employer about the placement of that student. (2) A practical placement agreement— (a) may be varied or amended by another agreement; and S. 5.4.14(2)(b) amended by No. 73/2012 s. 8(2). (b) must be consistent with any determination of the Minister about placements of that kind; and (c) may be cancelled at any time by notice in writing— (i) given by the employer to the governing body; or (ii) given by the governing body to the employer. 5.4.15 Determination about the placement of post‑secondary students S. 5.4.15(1) amended by No. 73/2012 s. 8(3). (1) The Minister may make a determination about the placement of post-secondary students or any class of post-secondary student with employers for work experience or training. (2) The determination may— (a) fix the period of the placements to which the determination relates; and (b) specify the number of students any employer or class of employer may take; and S. 5.4.15(2)(c) amended by No. 73/2012 s. 8(3). (c) specify that the Minister retain the power to cancel or vary any placement; and (d) specify any other conditions that are to apply to those placements. 5.4.16 Payment (1) The Governor in Council may, by Order published in the Government Gazette, fix a rate of payment for students employed under a practical placement agreement. (2) A student employed under a practical placement agreement is not entitled to receive any remuneration except payment at the rate that is fixed by Order of the Governor in Council. (3) The minimum rate of payment payable to a student employed under a practical placement agreement, despite anything to the contrary in any Act or law, is the minimum rate of payment as fixed by Order of the Governor in Council. (4) A department of the Commonwealth Government or a body established pursuant to a Commonwealth Act that employs a student under a practical placement agreement is not required to make any payment to the student, despite anything to the contrary in this or in any other Act or in any law or training contract. S. 5.4.16(5) amended by No. 67/2013 s. 649(Sch. 9 item 13(2)). (5) For the purposes of the **Accident Compensation Act 1985** and the **Workplace Injury Rehabilitation and Compensation Act 2013**, a student employed under a practical placement agreement is deemed to be paid the minimum rate of payment as fixed by Order of the Governor in Council. 5.4.17 Suspension of conditions for students S. 5.4.17(1) amended by No. 73/2012 s. 8(4). (1) The Minister may suspend the operation of all or any of the provisions of this Division for any student or class of students. (2) A suspension under subsection (1) may operate for a specified time or indefinitely. 5.4.18 Duty of care (1) A duty which any person has relating to the care or control of a student of a TAFE provider as a student of that provider is to be taken not to apply while that student is employed under a practical placement agreement and an action does not lie against that person because of a breach of that duty. (2) Subsection (1) does not extend to a duty which a person has as occupier of the premises of the TAFE provider. 5.4.19 Application of certain laws where employment is to gain work experience or training (1) Any Act or law relating to the prohibition of or regulation of the employment of persons of or over the age of 15 years and under the age of 21 years does not apply to the employment of such a person who is— (a) a student of a TAFE provider; and (b) employed under a practical placement agreement. (2) If an Act or law prohibits the employment or regulates the working conditions in a specified occupation— (a) of persons of less than or not more than a specified age expressed as a number of years; or (b) of females— then subsection (1) must not be taken to permit the employment of a person contrary to that Act or law. Division 3—Minimum terms and conditions for students 5.4.20 Orders about non-payment for work If the Secretary is satisfied that a student or a class of student— (a) is undertaking a post-secondary education course; and (b) is required to work during those studies for the purpose of gaining knowledge and skill which relates to those studies or to satisfy the practical training and experience requirements of the course— the Secretary may order that the student or class of student is not required to be paid for the work. Part 5.5—Apprentices 5.5.1 Definitions ***approved training agent*** means a person or body appointed to be an approved training agent under Division 5; ***approved training scheme*** means a training scheme approved under section 5.5.2. Division 2—Training schemes 5.5.2 Training schemes S. 5.5.2(1) amended by No. 39/2012 s. 4. (1) The Authority may determine that a specified training scheme is an approved training scheme. (2) A determination under subsection (1) may provide for all or any of the following matters— (a) whether the vocation is one to which sections 5.5.15(1), 5.5.16(2), 5.5.16(3), 5.5.16(4), 5.5.17(1)(d) and 5.5.19 do not apply; (b) the duration of an approved training scheme by reference to a fixed period or a maximum or minimum period; (c) whether any apprentice may be engaged as a full time or part time employee; (d) any requirement for a probationary period and, if so, its length; (e) the nature and syllabus of the training scheme and any course of study, instruction or practical or workplace training comprising the content of that scheme; (f) the requirements as to age, education, experience or any other matter to be satisfied by a person wishing to undertake the training scheme; (g) the standards of skill and knowledge required to adequately perform the activities or tasks of the vocation which are to be obtained by an apprentice undertaking the training scheme; (h) the credit to be given in the training scheme for any qualifications, training or experience that an apprentice undertaking the training scheme has prior to entry to that scheme; (i) minimum requirements for training plans; (j) minimum hours per week for employment and training. (3) A determination may be made so as to apply, adopt or incorporate any matter contained in any document issued or published by any person or body. S. 5.5.2(4) amended by No. 39/2012 s. 4. (4) The Authority must cause a notice to be published in the Government Gazette of the making of a determination and setting out where copies of the approved training scheme can be obtained. S. 5.5.3 amended by No. 39/2012 s. 5. 5.5.3 Certain provisions do not apply to certain vocations Sections 5.5.15(1), 5.5.16(2), 5.5.16(3), 5.5.16(4), 5.5.17(1)(d) and 5.5.19 do not apply to, or in relation to, a vocation if the Authority makes a determination under section 5.5.2, that those provisions do not apply to the vocation specified in the determination. Division 3—State training and employment provisions 5.5.4 State training and employment provisions