Part 6Repeals, amendments, savings and transitionals 814

Chapter 6—Repeals, amendments, savings and transitionals 814 Part 6.1—Repeals, amendments, savings and transitionals 814 6.1.3 Transitional and saving provisions 814 6.1.4 Transitional provision—Teaching Service Act 814 6.1.5 Transitional provision—Government teaching service 815 6.1.6 Transitional provision—directors of TAFE institute boards 815 6.1.7 Transitional provision—operators of student exchange programs 815 6.1.8 Transitional provision—overseas exchange students 816 6.1.9 Transitional provisions—Education and Training Reform Further Amendment Act 2008 816 6.1.10 Transitional provision—Education and Training Reform Further Amendment Act 2008 817 6.1.11 Transitional provision—Education and Training Reform Further Amendment Act 2008 818 6.1.12 Transitional provisions—Education and Training Reform Amendment Act 2010 819 6.1.13 Transitional provisions—Education and Training Reform Amendment Act 2010 819 6.1.14 Transitional provisions—Education and Training Reform Amendment Act 2010 819 6.1.15 Transitional provision—Education and Training Reform Amendment Act 2010 820 6.1.16 Transitional provision—Education and Training Reform Further Amendment Act 2010 821 6.1.17 Transitional provisions—Education and Training Reform Amendment Act 2010 821 6.1.18 Transitional provisions—Education and Training Reform Further Amendment Act 2010 822 6.1.19 Transitional and savings provisions—Education and Training Reform Amendment (Skills) Act 2010 823 6.1.20 Transitional—Education and Training Reform Amendment (Skills) Act 2010 824 6.1.21 Validation of practical placement agreements by certain training organisations 825 6.1.22 Validation of actions of boards of TAFE institutes and adult education institutions outside of Victoria 825 6.1.23 Validation of work experience arrangements—student in accredited senior secondary course 826 6.1.24 Validation of structured workplace learning arrangements 827 6.1.25 Validation of practical placement agreements involving students not above compulsory school age 828 6.1.27 Transitional and savings provisions—the Education Legislation Amendment (VET Sector, Universities and Other Matters) Act 2012 829 6.1.29 Transitional and savings provisions—the Education Legislation Amendment (VET Sector, Universities and Other Matters) Act 2012 834 6.1.30 Transitional and savings provisions—the Education Legislation Amendment (VET Sector, Universities and Other Matters) Act 2012 835 6.1.31 Transitional and savings provisions—the Education Legislation Amendment (Governance) Act 2012 835 6.1.32 Transitional and savings provisions—the Education Legislation Amendment (Governance) Act 2012 837 6.1.33 Transitional and savings provisions—the Education Legislation Amendment (Governance) Act 2012 840 6.1.34 Transitional and savings provisions—the Education and Training Reform Amendment (Dual Sector Universities) Act 2013 843 6.1.35 Transitional and savings provision—the Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014 846 6.1.36 Transitional and savings provision—the Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014 846 6.1.37 Transitional and savings provision—Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014—registration of early childhood teachers 846 6.1.38 Transitional and savings provision—Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014—VIT Council 848 6.1.39 Transitional provisions—Education and Training Reform Amendment (Miscellaneous) Act 2015 848 6.1.40 Transitional provisions—Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 849 6.1.41 Transitional and savings provisions—Education and Training Reform Amendment (Victorian Institute of Teaching) Act 2016 851 6.1.42 Transitional provision—Education and Training Reform Amendment (Miscellaneous) Act 2016 852 6.1.43 Transitional provisions—COVID-19 Omnibus (Emergency Measures) Act 2020 852 6.1.43 Transitional provisions—Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018 853 6.1.44 Transitional provisions relating to the Education and Training Reform Amendment (Regulation of Student Accommodation) Act 2020 854 6.1.45 Transitional provisions—Education and Training Reform Amendment (Miscellaneous) Act 2021—approved teacher education courses 855 6.1.46 Transitional provisions—Education and Training Reform Amendment (Miscellaneous) Act 2021—various teacher education course applications 856 6.1.47 Transitional provisions—Education and Training Reform Amendment (Miscellaneous) Act 2021—teacher qualifications 857 6.1.48 Transitional provisions—Education and Training Reform Amendment (Miscellaneous) Act 2021—provisional registration 858 6.1.49 Transitional provisions—Education and Training Reform Amendment (Miscellaneous) Act 2021—inquiries and investigations 859 6.1.50 Transitional provision—Education and Training Reform Amendment (Miscellaneous) Act 2021—standards 859 6.1.51 Transitional and savings provision—Education and Training Reform Amendment (Miscellaneous) Act 2021—delegations 860 6.1.52 Transitional and savings provision—Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Act 2021—accreditation and registration of a course or part of a course 861 6.1.53 Transitional and savings provision—Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Act 2021—registered school or other body licensed or permitted to provide VCAL 861 6.1.54 Transitional and savings provision—Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Act 2021—person, body or school registered with respect to VCAL 863 6.1.55 Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—membership of Adult, Community and Further Education Board 865 6.1.56 Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—membership of Regional Councils 866 6.1.57 Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—Adult Multicultural Education Services 867 6.1.58 Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—membership of governing board of AMES 867 6.1.59 Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—application for registration as a training organisation 869 6.1.60 Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—authorisations for access, use or disclosure of Victorian student number or related information 869 6.1.61 Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—application of guidelines issued by Secretary on authorisations for access, use or disclosure of Victorian student number or related information 870 6.1.62 Transitional provision—Education and Training Reform Amendment (Land Powers) Act 2023—references to preschool program 870 Part 6.2—Education and Training Reform Amendment (Victorian Academy of Teaching and Leadership) Act 2021—Transfer of property, rights and liabilities 871 6.2.1 Definitions 871 6.2.2 Appointed day 871 6.2.3 Secretary to prepare allocation statement 871 6.2.4 Property transferred to Academy 872 6.2.5 Transfer subject to encumbrances 872 6.2.6 Substitution of party to agreement 873 6.2.7 Proceedings 873 6.2.8 Taxes 873 6.2.9 Validity of things done under this Part 874 Schedules 875 Schedule 1—Learning areas subject to free instruction 875 Schedule 2—General provisions for authorities 876 Schedule 3—Employment of staff 887 Schedule 4—State training and employment provisions 889 Schedule 5—Regulations 892 Schedule 6—Ministerial orders 900 Schedule 7—Dispute resolution and student welfare scheme 906 Schedule 8—Transitional and saving provisions 908 Schedule 9—Names of registered proprietors of land acquired for education purposes 919 Schedule 10—Schools excluded from calculation of Government school recurrent funding 920 Endnotes 922 1 General information 922 2 Table of Amendments 924 3 Explanatory details 938 **Version No.** **107** **Education and Training Reform Act 2006** **No. 24 of 2006** Version incorporating amendments as at **The Parliament of Victoria enacts as follows:** Chapter 1—General Part 1.1—Preliminary 1.1.1 Purpose (1) The main purpose of this Act is to reform the law relating to education and training in Victoria by providing for a high standard of education and training for all Victorians. (2) In particular this Act makes provision for or with respect to— (a) the years of compulsory schooling and the options available; (b) vocational education and training, technical and further education, adult community and further education, and other post-compulsory education and training; S. 1.1.1(2)(c) amended by No. 33/2020 s. 4. (c) the establishment and regulation of Government schools and the regulation of non-Government schools, school boarding premises and home schooling; S. 1.1.1(2)(ca) inserted by No. 24/2021 s. 4. (ca) the protection of members of school communities from harmful, threatening or abusive behaviour; (d) the establishment and regulation of post‑compulsory education institutions and providers; (e) the development and accreditation of courses and the issuing of qualifications; S. 1.1.1(2)(f) substituted by No. 27/2010 s. 4. (f) the recognition and regulation of the teaching profession and the maintenance of standards of professional practice for that profession; (g) the employment in the teaching service of Government school teachers and other persons; (h) the monitoring, planning and development of the provision of education and training; S. 1.1.1(2)(ha) inserted by No. 29/2023 s. 4(1). (ha) the acquisition, use and development of land required for the purposes of this Act; (i) the repeal and re-enactment of various Acts relating to education and training. S. 1.1.1(3) inserted by No. 29/2023 s. 4(2). (3) In further particular, this Act makes provision for or with respect to certain aspects of the provision of— (a) early childhood education and care; and S. 1.1.1(3)(b) amended by No. 7/2024 s. 4(1). (b) services associated with early childhood education and care; and S. 1.1.1(3)(c) inserted by No. 7/2024 s. 4(2). (c) the employment of persons at, or for the purposes of operating, government early learning centres. 1.1.2 Commencement (1) This section and sections 1.1.1 and 6.1.3(2) and (3) come into operation on the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in subsection (2) does not come into operation before 31 December 2007, it comes into operation on that day. 1.1.3 Definitions (1) In this Act— ***accredited*** means— (a) in relation to a vocational education and training or further education course, registered on the State Register and National Register; (b) in relation to any other course, registered as accredited on the State Register as being suitable for the purposes of a qualification; S. 1.1.3(1) def. of *accom-modation services* inserted by No. 33/2020 s. 5(2). ***accommodation services*** means services that include meal, laundry and cleaning services; S. 1.1.3(1) def. of *adult, community and further education* amended by No. 32/2022 s. 4(a). ***adult, community and further education*** means— (a) further education; or (b) secondary education for adults; or (c) that part of education and training which is directed towards the development of skills and knowledge in relation to work when it is provided by AMES Australia or a community based organisation which is not a TAFE institute, a commercial provider or an industry provider; S. 1.1.3(1) def. of *adult education institution* amended by No. 31/2018 s. 37(a), repealed by No. 32/2022 s. 4(b). S. 1.1.3(1) def. of *AMES* substituted as *AMES Australia* by No. 32/2022 s. 4(c). ***AMES Australia*** means AMES Australia established by section 3.3.26(1); ***apprentice*** means a person whom an employer has undertaken to train under a training contract; S. 1.1.3(1) def. of *AQF* amended by No. 13/2022 s. 64(1). ***AQF*** means the framework known as the "Australian Qualifications Framework" endorsed by the Ministerial Council on Education, Employment, Training and Youth Affairs to commence on 1 January 1995, as amended from time to time; ***Authority*** means the Victorian Registration and Qualifications Authority established under Chapter 4; ***autonomous college*** means a post-secondary education institution established under Part 3.2; S. 1.1.3(1) def. of *Catholic Education Commission* inserted by No. 28/2010 s. 4, repealed by No. 2/2025 s. 4(b). S. 1.1.3(1) def. of *Centre for Adult Education* repealed by No. 31/2018 s. 37(b). S. 1.1.3(1) def. of *child abuse* inserted by No. 7/2015 s. 4(2), substituted by No. 63/2015 s. 15. ***child abuse*** has the same meaning as it has in the **Child Wellbeing and Safety Act 2005**; S. 1.1.3(1) def. of *Child Safe Standards* inserted by No. 23/2021 s. 54. ***Child Safe Standards*** has the same meaning as in the **Child Wellbeing and Safety Act 2005**; S. 1.1.3(1) def. of *Commission* repealed by No. 73/2012 s. 3. S. 1.1.3(1) def. of *compulsory school age* amended by No. 62/2009 s. 4(1). ***compulsory school age*** means not less than 6 nor more than 17 years of age; S. 1.1.3(1) def. of *declared composite program* inserted by No. 19/2014 s. 35(a). ***declared*** ***composite program*** means a preschool program— (a) referred to in paragraph (b) of the definition of ***education and care service*** in section 5 of the Education and Care Services National Law (Victoria); and (b) declared by Ministerial Order to be an early childhood service for the purposes of this Act; S. 1.1.3(1) def. of *Department* amended by Nos 28/2007 s. 3(Sch. item 19.1), 39/2012 s. 62(1), 31/2018 s. 65(1)(a). ***Department*** means the Department of Education and Training; *dual sector university* inserted by No. 76/2013 s. 3(d). ***dual sector university*** means the Federation University Australia, Royal Melbourne Institute of Technology, Swinburne University of Technology or Victoria University; *early childhood* inserted by No. 19/2008 s. 4, repealed by No. 19/2014 s. 35(d). S. 1.1.3(1) def. of *early childhood education and care* inserted by No. 29/2023 s. 5(1). ***early childhood education and care*** means education and care provided by an education and care service, other than the following— (a) education and care provided by a family day care service; (b) education and care provided by any other prescribed education and care service or prescribed class of education and care service; S. 1.1.3(1) def. of *early childhood service* inserted by No. 19/2014 s. 35(a), amended by No. 29/2023 s. 5(2). ***early childhood service*** means— (a) an education and care service; or (b) a children's service within the meaning of the **Children's Services Act 1996**; or (c) a declared composite program; S. 1.1.3(1) def. of *education and care service* inserted by No. 29/2023 s. 5(1). ***education and care service*** has the same meaning as in the Education and Care Services National Law (Victoria); S. 1.1.3(1) def. of *education and care service premises* inserted by No. 7/2024 s. 5. ***education and care service premises*** has the same meaning as in the Education and Care Services National Law (Victoria); S. 1.1.3(1) def. of *family day care service* inserted by No. 29/2023 s. 5(1). ***family day care service*** has the same meaning as in the Education and Care Services National Law (Victoria); S. 1.1.3(1) def. of *further education* amended by No. 76/2013 s. 3(a). ***further education*** means those education programs that lead to the development of knowledge and skills that are not specific to any particular occupation and are not provided or offered by a university or an autonomous college; S. 1.1.3(1) def. of *government early learning centre* inserted by No. 7/2024 s. 5. ***government early learning centre*** means a premises designated under section 2A.2.1 to be a government early learning centre; S. 1.1.3(1) def. of *government ELC workforce* inserted by No. 7/2024 s. 5. ***government ELC workforce*** means those persons employed by the Secretary under section 2A.1.4(1); ***Government school*** means a school established by the Minister and conducted under Part 2.2; S. 1.1.3(1) def. of *Government school boarding premises* inserted by No. 33/2020 s. 5(2). ***Government school boarding premises*** means a school boarding premises at which school boarding services are provided by or on behalf of a Government school; S. 1.1.3(1) def. of *harm* inserted by No. 24/2021 s. 5. ***harm*** means harm of any kind, including physical or mental harm; *higher education award* substituted by No. 58/2007 s. 4. ***higher education award*** means a qualification described as a higher education award in the AQF but does not include a graduate certificate if the course of study relating to that certificate is an accredited vocational education and training course included in the State Register; S. 1.1.3(1) def. of *industry training board* repealed by No. 73/2012 s. 3. ***Institute*** means the Victorian Institute of Teaching continued in operation under Part 2.6; S. 1.1.3(1) def. of *integrated sector regulator* inserted by No. 23/2021 s. 54. ***integrated sector regulator*** has the same meaning as in the **Child Wellbeing and Safety Act 2005**; S. 1.1.3(1) def. of *interim negative notice* inserted by No. 31/2018 s. 4(2), repealed by No. 34/2020 s. 207(d). S. 1.1.3(1) def. of *interim WWC exclusion* inserted by No. 34/2020 s. 207(a). ***interim WWC exclusion*** has the same meaning as in the **Worker Screening Act 2020**; S. 1.1.3(1) def. of *ISV* inserted by No. 1/2015 s. 3. ***ISV*** means Independent Schools Victoria Inc., a body incorporated under the **Associations Incorporation Reform Act 2012**; ***learning outcome***, in relation to a course, means a written statement of what a student will know and be able to do as a result of successfully undertaking the course; S. 1.1.3(1) def. of *Ministerial Council* inserted by No. 31/2018 s. 46, amended by No. 13/2022 s. 64(2). ***Ministerial Council*** means— (a) in respect of the period before 24 August 2005, the council consisting of the Ministers from each State and the Commonwealth responsible for vocational education and training operating in accordance with the ANTA agreement; (b) in respect of the period beginning on or after 24 August 2005 and ending on 30 June 2009, the Ministerial Council within the meaning of the Skilling Australia's Workforce Act 2005 of the Commonwealth as in force during that period; (c) in respect of the period beginning on 1 July 2009 and ending on 23 October 2020, any successor Ministerial Council to the Ministerial Council referred to in paragraph (b), which was responsible, or principally responsible, for the matters for which the Ministerial Council referred to in paragraph (b) was responsible or principally responsible; (d) in respect of the period beginning on 24 October 2020, a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for the matters that are the subject of any provision of this Act that refers to a Ministerial Council; ***Ministerial Order*** means an Order made by the Minister under this Act; S. 1.1.3(1) def. of *municipal council* inserted by No. 7/2015 s. 4(1), amended by No. 9/2020 s. 390(Sch. 1 item 29). ***municipal council*** has the same meaning as ***Council*** has in section 3(1) of the **Local Government Act 2020;** S. 1.1.3(1) def. of *national criminal history check* inserted by No. 19/2014 s. 4(1). ***national criminal history check***, in relation to a person, means a check of the criminal history of the person in or outside of Australia with or through a police force or other authority of Victoria, another State, a Territory or the Commonwealth; See section 1.1.3(4) for an interpretive provision relating to the meaning of the criminal history of a person. S. 1.1.3(1) def. of *national regulations* inserted by No. 19/2014 s. 35(a). ***national regulations*** means the regulations made under the Education and Care Services National Law (Victoria); ***national standards*** means standards agreed to from time to time by the governments of the Commonwealth, States and Territories; S. 1.1.3(1) def. of *negative notice* inserted by No. 31/2018 s. 4(2), repealed by No. 34/2020 s. 207(d). S. 1.1.3(1) def. of *non-conviction charge* inserted by No. 31/2018 s. 4(2), amended by No. 34/2020 s. 207(b). ***non-conviction charge*** means a charge against a person for a category A offence or category B offence that has been finally dealt with (within the meaning of section 6(1) of the **Worker Screening Act 2020**) other than by way of a conviction or a finding of guilt; ***non-Government school*** means a school, other than a Government school, that is registered or required to be registered under Part 4.3; S. 1.1.3(1) def. of *non-government school boarding premises* inserted by No. 33/2020 s. 5(2). ***non-government school boarding premises*** means a school boarding premises other than a Government school boarding premises; These school boarding premises include premises at which school boarding services are provided by or on behalf of a non-Government school or by a person that is not a school. ***overseas student*** means a person holding a visa under the Migration Act 1958 of the Commonwealth which allows the person, whether expressly or otherwise, to study in Victoria; ***parent***, in relation to a child, includes a guardian and every person who has parental responsibility for the child including parental responsibility under the Family Law Act of the Commonwealth and any person with whom a child normally or regularly resides; *parents' club* inserted by No. 37/2015 s. 4 ***parents' club*** means an association (by whatever name called) of parents of a Government school, whether or not the association also includes teachers and friends of the school; *police officer* inserted by No. 37/2014 s. 10(Sch. item 49.1). ***police officer*** has the same meaning as in the **Victoria Police Act 2013**; *post-compulsory education* amended by No. 62/2009 s. 4(2). ***post-compulsory education*** means education of persons 17 years of age or over; ***post-secondary education*** means education of persons— (a) who are beyond the age of compulsory school attendance; and (b) who are not undergoing a course of secondary education at a registered school; *post-secondary education institution* amended by No. 32/2022 s. 56(1)(a). ***post-secondary education institution*** means an institution which is supported directly or indirectly by Government funds providing post-secondary education including but not limited to a TAFE institute, an autonomous college and a university; See section 1.1.3(5). *post-secondary education provider* amended by No. 32/2022 s. 56(1)(b). ***post-secondary education provider*** means a post‑secondary education institution or other institution or person or body providing or offering to provide post-secondary education; See section 1.1.3(5). Examples of a person or body providing or offering to provide post-secondary education include the following— (a) a RTO; (b) a vocational education and training organisation that is registered under section 17 of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth and operating in Victoria. S. 1.1.3(1) def. of *prescribed minimum standards for registration of school boarding premises* inserted by No. 33/2020 s. 5(2). ***prescribed minimum standards for registration of school boarding premises*** means the minimum standards prescribed by the regulations under section 4.3.8C(1)(b) or prescribed by section 4.3.8C(2) relating to school boarding premises and the school boarding services provided at those premises; ***principal*** means a person appointed to a designated position as principal of a registered school or a person in charge of a registered school; S. 1.1.3(1) def. of *provider of school boarding services* inserted by No. 33/2020 s. 5(2). ***provider of school boarding services*** means a person who conducts a school boarding premises including the provision of school boarding services at the premises; S. 1.1.3(1) def. of *public sector body* inserted by No. 7/2015 s. 4(1). ***public sector body*** has the same meaning as in section 4(1) of the **Public Administration Act 2004**; ***Regional Council*** means a Regional Council of Adult, Community and Further Education established under Part 3.3; S. 1.1.3(1) def. of *Register of Registered Teachers* inserted by No. 19/2014 s. 16(1). ***Register of Registered Teachers*** means the Register of Registered Teachers established under section 2.6.24; S. 1.1.3(1) def. of *registered early childhood teacher* inserted by No. 19/2014 s. 35(b). ***registered early childhood teacher*** means a person registered under Division 3A of Part 2.6 as an early childhood teacher; ***registered education and training organisation*** means a person or body registered under Part 4.3 to deliver an accredited course or award or issue a registered qualification; ***registered qualification*** means a qualification that is registered on the State Register; S. 1.1.3(1) def. of *registered school* amended by No. 33/2020 s. 5(1)(a). ***registered school*** means a school registered under Division 1 of Part 4.3; S. 1.1.3(1) def. of *registered school boarding premises* inserted by No. 33/2020 s. 5(2). ***registered school boarding premises*** means a school boarding premises registered under Division 1A of Part 4.3; S. 1.1.3(1) def. of *registered teacher* amended by No. 19/2014 s. 35(c). ***registered teacher*** means a person registered under Part 2.6 as a teacher or an early childhood teacher or a person who is granted permission to teach under Part 2.6; ***registration*** includes permission to teach under Part 2.6; S. 1.1.3(1) def. of *relevant entity* inserted by No. 23/2021 s. 54. ***relevant entity*** has the same meaning as in the **Child Wellbeing and Safety Act 2005**; *RTO* inserted by No. 71/2010 s. 4(1). ***RTO*** has the same meaning as in section 4.1.1(1); S. 1.1.3(1) def. of *school* amended by No. 33/2020 s. 5(1)(b). ***school*** means a place at or from which education is provided to children of compulsory school age during normal school hours, but does not include— (a) a place at which registered home schooling takes place; (ab) a school boarding premises; (b) a University; (c) a TAFE institute; (d) an education service exempted by Ministerial Order; (e) any other body exempted by the regulations; *school attendance notice* inserted by No. 47/2013 s. 4. ***school attendance notice*** means a notice issued under section 2.1.16; ***school attendance officer*** means a person appointed by the Minister to be a school attendance officer under Part 2.1; S. 1.1.3(1) def. of *school boarding premises* inserted by No. 33/2020 s. 5(2), amended by No. 9/2023 s. 255. ***school boarding premises*** means a premises at which school boarding services are provided or intended to be provided by a person for a fee or reward but does not include any of the following premises— (a) a premises at which accommodation services are provided under homestay arrangements by a person who resides at the premises to no more than 3 students who are enrolled at or attend or intend to enrol at or attend a registered school; (b) a premises or place at which camping facilities, including accommodation services, are provided on a short-term basis to students of a registered school who are required by the school to attend the premises or place as part of instruction in a key learning area or an extracurricular activity of the school; (c) a premises that is prescribed not to be a school boarding premises; (d) a premises at which accommodation services are provided by a prescribed person or body; Premises will not fall within the definition of ***school boarding premises*** if the accommodation services provided at the premises are not provided for the primary purpose of enabling or facilitating a person to enrol at or attend a registered school. Examples of accommodation services that are not provided primarily for that purpose include the following— (a) accommodation services provided by a parent (see the wide definition of ***parent*** in section 1.1.3(1); (b) accommodation services provided at a youth justice centre or a youth residential centre within the meaning of the **Children, Youth and Families Act 2005**; (c) accommodation services that are provided as part of respite care within the meaning of the Aged Care Act 1997 of the Commonwealth; (d) accommodation services that are facilitated, provided or regulated by the Department of Health and Human Services including the following— (i) out of home care services or secure welfare services within the meaning of the **Children, Youth and Families Act 2005**; (ii) accommodation provided at an SDA dwelling within the meaning of the **Disability Act 2006**; (iia) accommodation provided at a short‑term accommodation dwelling within the meaning of the **Disability Act 2006**; (iii) accommodation that is a residential service within the meaning of the **Disability Act 2006**; (iv) accommodation services provided at a residential care service within the meaning of the **Health Services Act 1988**. S. 1.1.3(1) def. of *school boarding services* inserted by No. 33/2020 s. 5(2). ***school boarding services*** means accommodation services provided for the primary purpose of enabling or facilitating a person to enrol at or attend a registered school; ***school council*** means the council of a Government school or group of schools that is constituted under Part 2.3; ***school day*** means day on which a school is open; *school enrolment notice* inserted by No. 47/2013 s. 4. ***school enrolment notice*** means a notice issued under section 2.1.15; S. 1.1.3(1) def. of *School Policy and Funding Advisory Council* inserted by No. 1/2015 s. 3. ***School Policy and Funding Advisory Council*** means the advisory council established by section 2.7.9; ***Secretary*** means Secretary to the Department; S. 1.1.3(1) def. of *service associated with early childhood education and care* inserted by No. 29/2023 s. 5(1). ***service associated with early childhood education and care*** means a service— (a) that is— (i) provided to or in respect of children under compulsory school age; or (ii) provided to benefit the community; and (b) that is provided on the same premises as or nearby to a premises where a service providing early childhood education and care is provided; *sexual offence* amended by Nos 14/2013 s. 3, 74/2014 s. 30 (as amended by No. 20/2015 s. 50(1)), 42/2015 s. 25, 42/2016 s. 4, 47/2016 s. 38, repealed by No. 31/2018 s. 4(1). S. 1.1.3(1) def. of *Social Services Regulator* inserted by No. 58/2025 s. 57. ***Social Services Regulator*** means the Social Services Regulator established under section 4 of the **Social Services Regulation Act 2021**; S. 1.1.3(1) def. of *State police record check* inserted by No. 19/2014 s. 4(1). ***State police record check***, in relation to a person, means a check of the records held by Victoria Police in relation to that person; ***State Register*** means the State Register maintained under Part 4.6; S. 1.1.3(1) def. of *student* inserted by No. 33/2020 s. 5(2). ***student*** in Division 1A of Part 4.3 means a person who is enrolled at or who attends a registered school or who intends to enrol at or attend a registered school; S. 1.1.3(1) def. of *Student Register* inserted by No. 19/2008 s. 4. ***Student Register*** means the Student Register established under Part 5.3A; ***TAFE*** means technical and further education; *TAFE institute* amended by No. 76/2013 s. 3(b). ***TAFE institute*** means an institution created under section 3.1.11; ***technical and further education*** means post‑secondary education wherever provided or offered which is not directed towards— (a) the award of a degree or diploma at an autonomous college or university; or (b) a higher education award; S. 1.1.3(1) def. of *temporary approval* inserted by No. 19/2014 s. 35(b). ***temporary approval*** means a temporary approval granted under section 2.6.60C; ***training*** means training whether by way of course, instruction or practical training in the knowledge and skills required for a vocation; ***training contract*** means an apprenticeship training contract or a traineeship training contract; ***university*** means a University established by an Act of the Parliament of Victoria or the Australian Catholic University Limited; S. 1.1.3(1) def. of *university with a TAFE division* amended by No. 76/2013 s. 3(c). ***VCAL*** means the Victorian Certificate of Applied Learning; ***VCE*** means the Victorian Certificate of Education; *VET funding contract* inserted by No. 73/2012 s. 9. ***VET funding contract*** means a vocational education and training funding contract made under Division 1 of Part 3.1; *Victoria Police* inserted by No. 37/2014 s. 10(Sch. item 49.1). ***Victoria Police*** has the same meaning as in the **Victoria Police Act 2013**; S. 1.1.3(1) def. of *Victorian Catholic Education Authority* inserted by No. 2/2025 s. 4(a). ***Victorian Catholic Education Authority*** means the Victorian Catholic Education Authority Limited ACN 119 459 853; S. 1.1.3(1) def. of *Victorian student number* inserted by No. 19/2008 s. 4. ***Victorian student number*** means the number allocated to a student by the Secretary under Part 5.3A; S. 1.1.3(1) def. of *vocational education and training* amended by Nos 34/2020 s. 207(c), 32/2022 s. 4(d). ***vocational education and training*** means— (a) the education and training and qualifications and statements of attainment under the vocational education and training provisions under the AQF; and (b) that part of education and training which is directed towards the development of skills and knowledge in relation to work when it is provided by AMES Australia or a community based organisation which is not a TAFE institute, a commercial provider or industry provider; S. 1.1.3(1) def. of *VPC* inserted by No. 45/2021 s. 12. ***VPC*** means the Victorian Pathways Certificate; S. 1.1.3(1) def. of *WWC clearance* inserted by No. 34/2020 s. 207(a). ***WWC clearance*** has the same meaning as in the **Worker Screening Act 2020**; S. 1.1.3(1) def. of *WWC exclusion* inserted by No. 34/2020 s. 207(a). ***WWC exclusion*** has the same meaning as in the **Worker Screening Act 2020**. S. 1.1.3(2) amended by Nos 28/2007 s. 3(Sch. item 19.2), 31/2018 s. 65(1)(b). (2) If under the **Public Administration Act 2004** the name of the Department of Education and Training is changed, a reference in the definition of ***Department*** in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name. (3) Unless the context otherwise requires, a reference in this Act to a Part by a number must be construed as a reference to the Part, designated by that number, of this Act. S. 1.1.3(4) inserted by No. 19/2014 s. 4(2). (4) For the purposes of the definition of ***national criminal history check***, the criminal history of a person includes any of the following— (a) findings of guilt against the person with or without conviction; (b) any charges outstanding against the person; S. 1.1.3(4)(ba) inserted by No. 31/2018 s. 4(3). (ba) a non-conviction charge against the person; (c) convictions recorded against the person when the person was a juvenile; (d) convictions against the person that are spent. S. 1.1.3(5) inserted by No. 32/2022 s. 56(2). (5) For the purposes of the definitions of ***post‑secondary education institution*** and ***post‑secondary education provider***, a post‑secondary education institution and a post‑secondary education provider may provide education to persons who are of compulsory school age. S. 1.1.3A inserted by No. 31/2018 s. 5. 1.1.3A Meaning of *category A offence* (1) A ***category A offence*** means any of the following offences— S. 1.1.3A(1)(a) amended by No. 34/2020 s. 208(a). (a) an offence specified in clauses 1 and 2 of Schedule 2 to the **Worker Screening Act 2020** if the conduct constituting or alleged to constitute that offence occurred when the person was an adult; S. 1.1.3A(1)(b) amended by No. 34/2020 s. 208(b). (b) an offence specified in clauses 3 to 10 of Schedule 2 to the **Worker Screening Act 2020**; (c) an offence against any of the following sections of the Criminal Code of the Commonwealth— (i) section 270.7B (forced marriage), involving a person under 18 years of age; (ii) section 474.25A (using a carriage service for sexual activity with person under 16 years of age); (iii) section 474.27A (using a carriage service to transmit indecent communication to person under 16 years of age); (d) any other offence, whether committed in Victoria or elsewhere, the necessary elements of which consist of or include elements which constitute an offence referred to in paragraph (c). (2) For the purposes of subsection (1)(a), if the conduct constituting or alleged to constitute an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult. S. 1.1.3B inserted by No. 31/2018 s. 5. 1.1.3B Meaning of *category B offence* (1) A ***category B offence*** means any of the following offences— S. 1.1.3B(1)(a) amended by No. 34/2020 s. 209(a). (a) an offence specified in clause 2, 8, 9 or 15 of Schedule 4 to the **Worker Screening Act 2020**, if the conduct constituting or alleged to constitute that offence occurred when the person was an adult; S. 1.1.3B(1)(b) amended by No. 34/2020 s. 209(b). (b) an offence specified in clauses 1, 3 to 7, 10 to 14 or 16 to 20 of Schedule 4 to the **Worker Screening Act 2020**; S. 1.1.3B(1)(c) amended by No. 34/2020 s. 209(c). (c) an offence specified in clauses 1 and 2 of Schedule 2 to the **Worker Screening Act 2020**, if the conduct constituting or alleged to constitute that offence occurred when the person was a child. (2) For the purposes of this section, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult. S. 1.1.3C inserted by No. 31/2018 s. 5. 1.1.3C Meaning of *category C conduct* (1) ***Category C conduct*** means any of the following— (a) a conviction or finding of guilt of an indictable offence, whether committed in Victoria or elsewhere (other than a category A offence or a category B offence), the necessary elements of which consist of elements that constitute the indictable offence; S. 1.1.3C(1)(b) amended by No. 34/2020 s. 210. (b) a conviction or finding of guilt of an offence specified in clause 2, 8, 9 or 15 of Schedule 4 to the **Worker Screening Act 2020** if the conduct constituting that offence occurred when the person was a child; (c) a conviction or finding of guilt of an offence against section 23 or 24 of the **Summary Offences Act 1966** or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against section 23 or 24 of the **Summary Offences Act 1966**; (d) conduct that forms the basis of a non‑conviction charge; (e) conduct that forms the basis of any disciplinary action taken against a registered teacher by an employer that is notified by the employer to the Institute under section 2.6.31; (f) conduct that forms the basis of any disciplinary action that has been taken against a person by an entity for which the person works (including as a volunteer), of which the Institute becomes aware under the reportable conduct scheme in Part 5A of the **Child Wellbeing and Safety Act 2005**; (g) conduct that forms the basis of a finding by a Suitability Panel under Division 5 of Part 3.4 of the **Children, Youth and Families Act 2005** that a person should be disqualified from registration under Part 3.4 of that Act; S. 1.1.3C (1)(ga) inserted by No. 37/2021 s. 392. (ga) a determination under section 79(1)(a) of the **Social Services Regulation Act 2021** to exclude a person from providing a WCES service or class of WCES services within the meaning of that Act; S. 1.1.3C (1)(gb) inserted by No. 37/2021 s. 392. (gb) the issue of an interim exclusion under section 70 of the **Social Services Regulation Act 2021**; (h) conduct that forms the basis of a prescribed kind of disciplinary action taken against a person. (2) For the purposes of this section, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult. 1.1.4 Binding of Crown This Act binds the Crown, not only in right of the State of Victoria but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities. 1.1.5 Extra-territorial operation of this Act (1) This Act operates both within and outside Victoria. (2) This Act operates outside Victoria to the extent that the legislative power of the Parliament permits. Part 1.2—Principles S. 1.2.1 (Heading) amended by No. 29/2023 s. 6(1). S. 1.2.1 amended by No. 29/2023 s. 6(2)(a). 1.2.1 Principles underlying the enactment and amendment of this Act Parliament has had regard to the following principles in enacting and amending this Act— (a) all providers of education and training, both Government and non-Government, must ensure that their programs and teaching are delivered in a manner that supports and promotes the principles and practice of Australian democracy, including a commitment to— (i) elected Government; (ii) the rule of law; (iii) equal rights for all before the law; (iv) freedom of religion; (v) freedom of speech and association; (vi) the values of openness and tolerance; (b) all Victorians, irrespective of the education and training institution they attend, where they live or their social or economic status, should have access to a high quality education that— (i) realises their learning potential and maximises their education and training achievement; (ii) promotes enthusiasm for lifelong learning; (iii) allows parents to take an active part in their child's education and training; S. 1.2.1(ba) inserted by No. 29/2023 s. 6(2)(b). (ba) access to education during early childhood is important for the wellbeing of children and their families; S. 1.2.1(bb) inserted by No. 29/2023 s. 6(2)(b). (bb) all Victorians, irrespective of where they live or their social and economic status, should have access to education during early childhood; (c) information concerning the performance of education and training providers should be publicly available; (d) parents have the right to choose an appropriate education for their child; (e) a school community has a right to information concerning the performance of its school; (f) a parent of a student and the student has a right to access information about the student's achievement. 1.2.2 Principles underlying the Government education and training system (1) The State provides universal access to education and training through the establishment and maintenance of a Government education and training system. (2) All persons employed or engaged in the provision of Government education and training by the State or in the administration of Government education and training by the State must apply or have regard to the following principles— (a) Government schools— (i) will provide a secular education and will not promote any particular religious practice, denomination or sect; and (ii) are open to adherents of any philosophy, religion or faith; (b) instruction in the learning areas in Schedule 1 is to be provided free of charge for all students (except overseas students) attending a Government school to the completion of year 12 if the student is under 20 years of age on 1 January in the year that the person undertakes instruction; (c) every student has the right to attend a designated neighbourhood Government school with the exception of selective Government schools that are determined by the Minister; S. 1.2.2(2)(d) amended by No. 71/2010 s. 3(1). (d) a student has a guaranteed place at a TAFE institute or other public training provider to the completion of year 12 of schooling or its equivalent if the student is under 20 years of age on 1 January in the year that the person undertakes study at the TAFE institute or other public training provider; S. 1.2.2(2)(e) inserted by No. 71/2010 s. 3(2). (e) a student has a guaranteed vocational education and training place for a government-subsidised course if— (i) the student is under 20 years of age on 1 January in the year the study is undertaken; or (ii) the student is 20 years of age or older on 1 January in the year the study is undertaken, and the study leads to a higher vocational education and training qualification than the highest such qualification already obtained by the student— in the following circumstances— (iii) the course of study is available and has been approved to receive a Government subsidy; and (iv) the student meets the admission requirements for the course of study; and (v) the student meets any citizenship or residency requirements to undertake the course of study and the student is not an overseas student. S. 1.2.2A inserted by No. 29/2023 s. 7. 1.2.2A Principle underlying State support of the provision of early childhood education The State will support the provision of early childhood education in areas where there is or will be insufficient provision of early childhood education. S. 1.2.3 amended by No. 29/2023 s. 8. 1.2.3 Principles not to give rise to civil cause of action Nothing in sections 1.2.1, 1.2.2 or 1.2.2A gives rise to, or can be taken into account in, any civil cause of action. Chapter 2—School education Part 2.1—Compulsory education Division 1—Attendance at school S. 2.1.1 amended by No. 62/2009 s. 5. 2.1.1 Attendance at school It is the duty of the parent of a child of not less than 6 nor more than 17 years of age— (a) to enrol the child at a registered school and to ensure the child attends the school at all times when the school is open for the child's instruction; or (b) to register the child for home schooling in accordance with the regulations and to ensure that the child receives instruction in accordance with the registration. S. 2.1.2 (Heading) substituted by No. 47/2013 s. 5(1). S. 2.1.2 amended by No. 47/2013 s. 5(2). 2.1.2 Parent must comply with duty A parent of a child of compulsory school age must not without a reasonable excuse fail to comply with the duty set out in section 2.1.1. S. 2.1.2A inserted by No. 47/2013 s. 6. 2.1.2A Offence for parent not to provide instruction to child registered for home schooling A parent of a child registered for home schooling in accordance with the regulations must not without reasonable excuse fail to ensure that the child receives instruction in accordance with the registration. Penalty: 1 penalty unit for each day on which the duty is not complied with. S. 2.1.3 amended by No. 47/2013 s. 7(a)(b). 2.1.3 What is a reasonable excuse? Without limiting section 2.1.2, section 2.1.2A and Division 3, it is a reasonable excuse for the purposes of those sections and that Division, in relation to a child if— (a) the child has been prevented from attending school or receiving instruction because of— (i) illness, accident, an unforeseen event or an unavoidable cause; or S. 2.1.3(a)(ii) amended by No. 47/2013 s. 7(c). (ii) a requirement to comply with another law; S. 2.1.3(a)(iii) repealed by No. 47/2013 s. 7(d). (b) there is no Government school within a prescribed distance of the child's residence and the child is receiving a distance education program through a registered school; S. 2.1.3(c) substituted by No. 62/2009 s. 6. (c) the child is participating in education or training, or employment, or both, in accordance with an Order made by the Minister for the purposes of this paragraph; (d) the child has been suspended or expelled from a registered school and is undertaking other educational programs provided by the Department or another registered school; (e) the absence from school or instruction was because of the child's disobedience and was not due to any fault of the parent; (f) the child is attending or observing a religious event or obligation as a result of a genuinely held belief of the child or a parent of the child; S. 2.1.3(fa) inserted by No. 47/2013 s. 7(e). (fa) the parent of the child has provided another excuse for the failure and the principal of the school accepts the excuse as a reasonable excuse; S. 2.1.3(g) amended by No. 47/2013 s. 7(f). (g) the child is exempted from enrolment at school, attendance at school or both enrolment and attendance at school by the Minister under section 2.1.5. 2.1.4 Parent to notify school of absence (1) The principal of, or a teacher at, a registered school at which a child of compulsory school age is enrolled may ask a parent of the child for an explanation of the reason for the child's failure to attend the school at a time when the school was open for the child's instruction. (2) The principal must ensure that record in writing is made of the reason (if any) given by the parent. S. 2.1.5 (Heading) amended by No. 47/2013 s. 8(1). S. 2.1.5 amended by No. 47/2013 s. 8(2). 2.1.5 Exemption from enrolment or attendance at school The Minister, by Order generally or in a specific case, may exempt a child or children from enrolment at school, attendance at school or both enrolment and attendance at school. 2.1.6 Obligations of parents If a duty is imposed on the parent or parents of a child by this Division— (a) any parent of the child may perform or be required to perform the duty; (b) compliance with the duty with regard to the child by any parent is sufficient compliance with the duty imposed on the parent or parents. Division 2—Enforcement of attendance 2.1.7 Appointment of school attendance officers The Minister may in writing appoint a person employed under the **Public Administration Act 2004** as a school attendance officer for the purposes of this Act. 2.1.8 Identity card (1) The Minister must issue an identity card to each school attendance officer. (2) An identity card must contain a photograph of the school attendance officer to whom it is issued. 2.1.9 Production of identity card A school attendance officer must produce his or her identity card for inspection— S. 2.1.9(a) amended by No. 47/2013 s. 9. (a) before exercising a power under this Part, other than a power under Division 3; or S. 2.1.9(b) amended by No. 47/2013 s. 9. (b) at any time during the exercise of a power under this Part, other than a power under Division 3, if asked to do so. 2.1.10 Powers of school attendance officers (1) If a school attendance officer has reasonable grounds to believe that a child who is apparently of compulsory school age does not attend a registered school during school hours on a school day, the school attendance officer may stop the child in the street or a public place and ask the child for his or her name and address. (2) A school attendance officer may during hours when a school is open inspect the attendance register of the school that is required to be kept under Part 4.3. S. 2.1.10(3) inserted by No. 47/2013 s. 10. (3) A principal must, on the request of the school attendance officer, provide the officer with any information regarding the enrolment or attendance of students that the officer may reasonably require for carrying out the officer's functions and powers under this Part. S. 2.1.10(4) inserted by No. 47/2013 s. 10. (4) A school attendance officer is authorised to access, use or disclose information recorded in the Student Register for the purpose of carrying out the officer's functions and powers under this Part. S. 2.1.10(5) inserted by No. 47/2013 s. 10. (5) An authorisation under subsection (4) is taken to be an authorisation by the Secretary under section 5.3A.9 for the purpose of monitoring and ensuring student enrolment and attendance. Note to s. 2.1.10 inserted by No. 47/2013 s. 10. Section 5.8.5 provides for the circumstances in which the Authority must provide information to a school attendance officer in relation to the registration of students for home schooling. 2.1.11 Offence to hinder or obstruct school attendance officer A person must not wilfully obstruct, hinder or interfere with a school attendance officer in the performance or exercise of his or her duties under this Part. S. 2.1.12 amended by No. 47/2013 s. 11. 2.1.12 Power to bring proceedings A school attendance officer may bring proceedings for any offence under Division 1 or Division 3. 2.1.13 Certificate to be evidence as to attendance of child A certificate purporting to be under the hand of the principal of a registered school stating that a child is or is not attending that school or stating the particulars of attendance of a child at that school is evidence of the facts stated in the certificate. S. 2.1.14 amended by No. 68/2009 s. 97(Sch. item 48.1), repealed by No. 47/2013 s. 12. Pt 2.1 Div. 3 (Heading and ss 2.1.15–2.1.24) inserted by No. 47/2013 s. 13. Division 3—School enrolment notices and school attendance notices S. 2.1.15 inserted by No. 47/2013 s. 13. 2.1.15 School enrolment notice (1) This section applies if a school attendance officer, after making enquiries, has reasonable grounds to believe that a child of compulsory school age is not, at the time of making the enquiries, enrolled at a registered school and is not registered for home schooling in accordance with the regulations. (2) A school attendance officer may issue a school enrolment notice to a parent. (3) For the purposes of subsection (1), the enquiries made by the school attendance officer may include— (a) ascertaining whether the child is registered for home schooling on the State Register; (b) ascertaining whether the child is included on the Student Register and ascertaining any details contained on the Student Register regarding the child; (c) ascertaining whether the child is included on the register of students kept by the child's designated neighbourhood Government school. S. 2.1.16 inserted by No. 47/2013 s. 13. 2.1.16 School attendance notice (1) This section applies if a school attendance officer has reasonable grounds to believe— (a) a child who is enrolled at a registered school has been absent from the school on at least 5 separate days (whether or not the absence was for a full day or part day) in the previous 12 months; and (b) no reasonable excuse has been given for the absences; and (c) measures to improve the student's attendance— (i) have been undertaken in accordance with any guidelines issued by the Minister and have been unsuccessful; or (ii) are considered to be inappropriate in the circumstances. (2) A school attendance officer may issue a school attendance notice to a parent. S. 2.1.17 inserted by No. 47/2013 s. 13. 2.1.17 Content of school enrolment notice A school enrolment notice must be in the prescribed form and include the following— (a) the full name and address of the parent to whom the notice is addressed; (b) the full name and date of birth of the child to whom the notice relates; (c) a statement that the notice may be complied with by enrolling or conditionally enrolling the child at a registered school or registering the child for home schooling in accordance with the regulations; (d) a request that the parent complete the reply form forwarded with the notice; (e) the date by which the parent must respond to the notice, being a date no less than 21 days after the date of the notice. S. 2.1.18 inserted by No. 47/2013 s. 13. 2.1.18 Content of school attendance notice A school attendance notice must be in the prescribed form and include the following— (a) the full name and address of the parent to whom the notice is addressed; (b) the full name and date of birth of the child to whom the notice relates; (c) the dates that the school attendance officer reasonably believes the child did not attend school; (d) a request that the parent complete the reply form forwarded with the notice; (e) the date by which the parent must respond to the notice, being a date no less than 21 days after the date of the notice. S. 2.1.19 inserted by No. 47/2013 s. 13. 2.1.19 Parent must respond to school enrolment notice A parent who has received a school enrolment notice must— (a) complete the reply form forwarded with the notice by stating in it— (i) the true reason why the child is not enrolled at school; or (ii) that the child has been enrolled or conditionally enrolled at a registered school or registered for home schooling in accordance with the regulations, and details of the enrolment or registration; or (iii) that the parent is unable to provide a reason because the parent does not have parental responsibility for the child within the meaning of the Family Law Act 1975 of the Commonwealth; and (b) sign the reply form; and (c) post or deliver the form so as to reach the school attendance officer no later than the date specified in the notice. S. 2.1.20 inserted by No. 47/2013 s. 13. 2.1.20 Parent must respond to school attendance notice A parent who has received a school attendance notice must— (a) complete the reply form forwarded with the notice by stating in it— (i) the true reason why the child did not attend school on each of the dates specified in the notice; or (ii) that the child was not living with the parent on some or all of the dates specified in the notice, and details of the parent with whom the child was living on the relevant dates; and (b) sign the reply form; and (c) post or deliver the form so as to reach the school attendance officer no later than the date specified in the notice. S. 2.1.21 inserted by No. 47/2013 s. 13. 2.1.21 Offences for failing to comply with school enrolment notice or school attendance notice (1) A person who has received a school enrolment notice must respond to the notice in accordance with section 2.1.19. (2) A person who has received a school attendance notice must respond to the notice in accordance with section 2.1.20. (3) A person who responds to a school enrolment notice but fails to provide a reasonable excuse as to why the child is not enrolled in a registered school or registered for home schooling in accordance with the regulations is guilty of an offence and liable to a penalty not exceeding 5 penalty units. (4) A person who responds to a school attendance notice but fails to give a reasonable excuse for 5 or more of the dates specified in the notice is guilty of an offence and liable to a penalty not exceeding 5 penalty units. (5) Nothing in this section makes the following people liable to a pecuniary penalty or to be prosecuted for an offence— S. 2.1.21(5)(a) amended by No. 31/2018 s. 65(2). (a) the Secretary, Department of Health and Human Services carrying out parental responsibilities for a child under an order made under the **Children, Youth and Families Act 2005**; or S. 2.1.21(5)(b) amended by No. 31/2018 s. 65(2). (b) a person carrying out parental responsibilities for a child on behalf of the Secretary, Department of Health and Human Services. S. 2.1.22 inserted by No. 47/2013 s. 13. 2.1.22 Offence to provide false information A person who responds to a school enrolment notice or school attendance notice must not give any information in the reply form that the person knows is false or misleading in a material detail. S. 2.1.23 inserted by No. 47/2013 s. 13. 2.1.23 Infringement notices, penalties and offences (1) A school attendance officer may serve an infringement notice on a person who the school attendance officer has reason to believe has committed an offence against section 2.1.21. (2) An offence against section 2.1.21 is an infringement offence within the meaning of the **Infringements Act 2006**. (3) The infringement penalty for an offence against section 2.1.21 is 0⋅5 penalty units. S. 2.1.24 inserted by No. 47/2013 s. 13. 2.1.24 Minister may issue guidelines (1) The Minister may from time to time issue guidelines about— (a) matters relating to measures that may be undertaken to encourage and support the enrolment of a child; (b) matters relating to measures that may be undertaken to improve a student's attendance at school. (2) Any guidelines issued must not be inconsistent with this Act or the regulations. (3) 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 (4) The regulations may require a person, body or school to comply with any guidelines issued under this section. Pt 2.1A (Headings and ss 2.1A.1–2.1A.44) inserted by No. 24/2021 s. 6. Part 2.1A—Protection of school communities Division 1—General provisions relating to school community safety orders S. 2.1A.1 inserted by No. 24/2021 s. 6. 2.1A.1 Definitions ***authorised person*** means a person who is an authorised person under section 2.1A.2; ***immediate school community safety order*** means an order under section 2.1A.3; ***member of the school community*** means any of the following persons in relation to a school— (a) a student enrolled at the school; (b) a parent of a student enrolled at the school; (c) a staff member of the school; (d) a person other than a person referred to in paragraphs (a), (b) or (c) who is present at a school‑related place of the school for a reason connected with the school; ***ongoing school community safety order*** means an order under section 2.1A.15; ***proprietor*** means— (a) the person or body that is specified in the registration of the school as the proprietor of the school; or (b) if there is no person or body to whom paragraph (a) applies, the person or body who is responsible for the governance of the school; ***relevant school***, in relation to a school community safety order, means the school in respect of which the order is made or proposed to be made; ***reviewer***, in relation to an ongoing school community safety order, means— (a) the Secretary, if the order relates to a Government school; or (b) a person nominated by the principal or the proprietor of the school, if the order relates to a non-Government school; ***school community safety order*** means the following— (a) an immediate school community safety order; (b) an ongoing school community safety order; ***school-related place***, in relation to a school, means the following— (a) any premises of the school and an area that is within 25 metres of the boundary of those premises; (b) any premises (other than a premises described in paragraph (a)) on which there is an activity conducted by or in connection with the school and an area that is within 25 metres of the boundary of those premises; An example of an activity is a camp. (c) for an activity conducted by or in connection with a school, if the activity or part of the activity is not conducted at a place described in paragraph (a) or (b), any place where the activity is conducted and an area that is within 25 metres of the boundary of that place; (d) any prescribed place; ***staff member*** means— (a) in relation to a Government school, a person (including a registered teacher) employed by one of the following persons to perform work for, or at, that school— (i) the Secretary; (ii) the Department; (iii) the school council; or (b) in relation to a non-Government school, a person (including a registered teacher) employed by the school or the proprietor of the school to perform work for, or at, the school; or (c) any other prescribed person or member of a class of prescribed person; ***vexatious communication***, in relation to a staff member of a school, means a communication that a reasonable person would consider unreasonable, having regard to the circumstances, in one or more of the following forms— (a) a person approaching, telephoning, sending messages to or otherwise contacting (whether by electronic means or otherwise) the staff member; (b) a person publishing (whether on the internet, by email or by any other form of written communication) material about the staff member; (c) a person causing someone else to engage in a behaviour set out in paragraph (a) or (b) on the person's behalf; (d) any prescribed communication. S. 2.1A.2 inserted by No. 24/2021 s. 6. 2.1A.2 Who are authorised persons? (1) Each of the following persons is an authorised person— (a) the principal of a registered school; (b) for a Government school, the Secretary; (c) for a non-Government school, the proprietor of the school, or, if the proprietor of the school is not an individual, a person authorised by the Secretary for that school; (d) any other person or member of a class of person authorised by the Secretary. (2) For the purposes of subsection (1)(c) and (d), the Secretary may authorise a person or any member of a class of person in accordance with the guidelines made under section 2.1A.37 if— (a) the Secretary considers that the person or members of the class of person has the necessary skills, qualifications and experience; and (b) the person or member of the class of person is associated with, or involved in, the administration or management of one or more schools. Division 2—Immediate school community safety orders S. 2.1A.3 inserted by No. 24/2021 s. 6. 2.1A.3 Authorised person may make immediate order (1) Subject to this Division, an authorised person may make an immediate school community safety order that prohibits a person from entering or remaining on any school-related place of the relevant school specified in the order. (2) An immediate school community safety order must not be made in respect of a person— (a) who is under the age of 18 years; or (b) who is a staff member at the relevant school; or (c) who is a student at the relevant school. S. 2.1A.4 inserted by No. 24/2021 s. 6. 2.1A.4 Process for giving immediate order (1) An immediate school community safety order may be made either orally or by written notice given to the person to whom the order applies. (2) If an authorised person makes an immediate school community safety order orally, the authorised person must give the person to whom the order applies written notice of the order as soon as is practicable. (3) For the purposes of subsections (1) and (2), written notice is given to the person to whom the order applies if the notice is— (a) personally handed to the person; or (b) sent to the postal address or email address of the person. (4) If the authorised person is not able to give the written notice under this section to the person to whom the order applies, the authorised person must keep a written record of the following— (a) the order that was made; (b) the reason a written notice was not able to be given to the person to whom the order applies; (c) a description of the person to whom the order applies. (5) An order that is given orally is not invalid merely because the authorised person has not given the written notice under this section to the person to whom the order applies. If a person to whom an order applies refuses to give their name or contact details to the authorised person, the authorised person may not be able to give the written notice to the person. S. 2.1A.5 inserted by No. 24/2021 s. 6. 2.1A.5 Grounds and other requirements for making immediate order (1) An authorised person may make an immediate school community safety order in respect of a person if the authorised person reasonably believes that— (a) the person poses an unacceptable and imminent risk of harm— (i) to another person at any school-related place of the relevant school to which paragraph (a) of the definition of ***school-related place*** applies; or (ii) to a member of the school community at any school-related place of the relevant school to which paragraph (b), (c) or (d) of the definition of ***school‑related place*** applies, if the member of the school community is at that place for a reason that is connected with the school; or (b) the person poses an unacceptable and imminent risk of causing significant disruption to the relevant school or activities carried on by the relevant school; or (c) the person poses an unacceptable and imminent risk of interfering with the wellbeing, safety or educational opportunities of students enrolled at the relevant school. (2) The authorised person must consider the following before making an immediate school community safety order in respect of a person— (a) any vulnerability of the person of which the authorised person is aware; (b) whether the order is the least restrictive means available to address the grounds on which the order is proposed to be made. (3) An authorised person must not make an immediate school community safety order unless it is reasonably necessary to address the grounds on which the order is proposed to be made. S. 2.1A.6 inserted by No. 24/2021 s. 6. 2.1A.6 Coming into effect of immediate order An immediate school community safety order comes into effect when it is given to the person to whom the order applies. S. 2.1A.7 inserted by No. 24/2021 s. 6. 2.1A.7 Matters that must be stated in an immediate order (1) Written notice of an immediate school community safety order must state the following— (a) the name of the person to whom the order applies; (b) the school in respect of which the order is made; (c) the terms of the order in accordance with section 2.1A.3(1); (d) the school-related places of the relevant school to which the order applies, as determined under section 2.1A.8(1); (e) the grounds on which the order is made; (f) the period for which the order remains in force, as determined under section 2.1A.8(1); (g) any conditions attached to the order, as determined under section 2.1A.8(1); (h) any actions that are specified under section 2.1A.8(2); (i) the effect of section 2.1A.14; (j) the orders that may be made by the Magistrates' Court if the person fails to comply with the order; (k) any prescribed information. (2) An authorised person who makes an immediate school community safety order orally must state the following to the person to whom the order applies— (a) the school in respect of which the order is made; (b) the grounds on which the order is made; (c) the period for which the order remains in force, as determined by the authorised person under section 2.1A.8(1). S. 2.1A.8 inserted by No. 24/2021 s. 6. 2.1A.8 Conditions and other matters for immediate orders (1) In making an immediate school community safety order an authorised person— (a) must determine the school-related places of the relevant school to which the order applies; and (b) must determine the period for which the order is to remain in force, which is subject to any provisions of this Part as to the duration, revocation or expiry of immediate school community safety orders; and (c) may determine conditions to be attached to the order, including but not limited to times when the order does not apply or areas where the order does not apply. An immediate school community safety order may prohibit the person to whom the order applies from entering on school premises, subject to a condition that the person may enter the premises in particular circumstances, such as for a particular school event. (2) An authorised person, in making an immediate school community safety order, may specify in the order any reasonable and appropriate actions that the person to whom the order applies may take to have the order revoked. The following are examples of actions that may be specified in the order— (a) participating in a specified course; (b) participating in a nominated alternative dispute resolution process; (c) apologising or retracting a statement; (d) participating in an assessment by an independent expert. S. 2.1A.9 inserted by No. 24/2021 s. 6. 2.1A.9 Duration of immediate orders (1) An immediate school community safety order remains in force until whichever is the earlier of— (a) the end of the period specified in the order; or (b) 14 days after the day on which the order is made; or (c) as a result of a review under section 2.1A.12— (i) the coming into force of an ongoing school community safety order; or (ii) the revocation of the immediate school community safety order. (2) If an application for an extension of time to make submissions under section 2.1A.22 is approved, any time taken by the applicant within the extension of time period to make submissions is not counted towards the period referred to in subsection (1)(a) or (b). S. 2.1A.10 inserted by No. 24/2021 s. 6. 2.1A.10 Revocation of immediate orders (1) An authorised person may revoke an immediate school community safety order— (a) if the order specifies actions under section 2.1A.8(2) and the person to whom the order applies— (i) undertakes the actions specified in the order; and (ii) provides evidence of the completion of the actions to the authorised person, in a form specified in the order; or (b) for any other reason. (2) Revocation of an immediate school community safety order under subsection (1) may be made either orally or by written notice given to the person to whom the order applies. (3) If an authorised person revokes an immediate school community safety order orally, the authorised person must give the person to whom the order applies written notice of the revocation as soon as is practicable. S. 2.1A.11 inserted by No. 24/2021 s. 6. 2.1A.11 Person to whom immediate order applies may make submissions to authorised person (1) A person to whom an immediate school community safety order applies may make submissions to the authorised person at any time regarding the continuation of the immediate school community safety order. (2) Submissions under subsection (1) must be made in writing unless the person who is the subject of the order has written permission from the authorised person to make oral submissions. S. 2.1A.12 inserted by No. 24/2021 s. 6. 2.1A.12 Review of immediate order (1) As soon as practicable after making an immediate school community safety order, the authorised person must review the order and— (a) make an ongoing school community safety order in accordance with Division 3; or (b) revoke the immediate school community safety order. (2) A review under subsection (1) must take place no later than whichever of the following first occurs— (a) the end of the period described in section 2.1A.9(1)(a); (b) the end of the period described in section 2.1A.9(1)(b). (3) If, on reviewing the order under subsection (1), the authorised person decides that grounds do not exist for making the order, the authorised person must revoke the order. (4) In reviewing an immediate school community safety order under subsection (1), the authorised person must consider any submissions received under section 2.1A.11 before the review is completed. S. 2.1A.13 inserted by No. 24/2021 s. 6. 2.1A.13 Communication and access arrangements (1) If an immediate school community safety order is made in respect of a person who is a parent of a child at the school, the authorised person must prepare a communication and access protocol. (2) A communication and access protocol must set out— (a) the measures to be taken to ensure that the parent may continue to communicate with the school and be informed about the child's education; and Where a parent is unable to attend a parent and teacher meeting. (b) arrangements to ensure the child's continued attendance at and safe access to the school and school activities, if as a result of the order the parent cannot escort the child to or from school or school activities; and (c) any matters that are required to be set out by the guidelines. (3) The authorised person must advise the parent of the communication and access protocol as soon as is reasonably practicable after the immediate school community safety order is given to the parent in writing. S. 2.1A.14 inserted by No. 24/2021 s. 6. 2.1A.14 Contravention of immediate order (1) A person must not contravene an immediate school community safety order. (2) Subsection (1) is a civil penalty provision. Division 3—Ongoing school community safety orders S. 2.1A.15 inserted by No. 24/2021 s. 6. 2.1A.15 Authorised person may make ongoing order (1) Subject to this Division, an authorised person may make an ongoing school community safety order that prohibits a person from all or any of the following— (a) entering or remaining on any school‑related place of the relevant school specified in the order; (b) approaching any staff member, or class of staff members, specified in the order to a distance of less than 25 metres, whether or not within any school-related place of the relevant school specified in the order; (c) telephoning, sending a message to or otherwise contacting any staff member, or class of staff members, specified in the order; (d) causing a third person to engage in the behaviour specified in paragraph (b) on the person's behalf; (e) using or communicating on a communication platform or channel specified in the order that is owned or controlled by, or established in relation to, the relevant school specified in the order; (f) any prescribed conduct. (2) An ongoing school community safety order must not be made in respect of a person— (a) who is under the age of 18 years; or (b) who is a staff member at the relevant school; or (c) who is a student at the relevant school. S. 2.1A.16 inserted by No. 24/2021 s. 6. 2.1A.16 Relationship between immediate order and ongoing order An authorised person may make an ongoing school community safety order in respect of a person, whether or not an immediate school community safety order has been made in respect of that person. S. 2.1A.17 inserted by No. 24/2021 s. 6. 2.1A.17 Grounds and other requirements for making ongoing orders (1) An authorised person may make an ongoing school community safety order in respect of another person if the authorised person reasonably believes that the other person— (a) poses an unacceptable risk of harm— (i) to anybody at any school-related place of the relevant school to which paragraph (a) of the definition of ***school-related place*** applies; or (ii) to a member of the school community at any school-related place of the relevant school to which paragraph (b), (c) or (d) of the definition of ***school‑related place*** applies, if the member of the school community is at that place for a reason that is connected with the school; or (b) poses an unacceptable risk of causing significant disruption to the relevant school or activities carried on by the relevant school; or (c) poses an unacceptable risk of interfering with the wellbeing, safety or educational opportunities of students enrolled at the relevant school; or (d) has behaved and is likely to behave in a disorderly, offensive, intimidating or threatening manner to a member of the school community of the relevant school— (i) at any school-related place of the relevant school to which paragraph (a) of the definition of ***school-related place*** applies; or (ii) at any school-related place of the relevant school to which paragraph (b), (c) or (d) of the definition of ***school‑related place*** applies, if the member of the school community is at that place for a reason that is connected with the school; or (e) has engaged in and is likely to engage in vexatious communications with, or regarding, a staff member at the relevant school. (2) The authorised person must consider the following before making an ongoing school community safety order in respect of another person— (a) any vulnerability of the other person of which the authorised person is aware; (b) whether the order is the least restrictive means available to address the grounds on which the order is proposed to be made. (3) An authorised person must not make an ongoing school community safety order unless it is reasonably necessary to address the grounds on which the order is proposed to be made. S. 2.1A.18 inserted by No. 24/2021 s. 6. 2.1A.18 Process for giving ongoing order (1) An ongoing school community safety order may be made by giving written notice to the person to whom the order applies. (2) For the purposes of subsection (1), written notice is given to the person to whom the order applies if the notice— (a) is personally handed to the person; (b) is sent to the postal address or email address of the person. S. 2.1A.19 inserted by No. 24/2021 s. 6. 2.1A.19 Coming into effect of ongoing order An ongoing school community safety order comes into effect when it is given to the person to whom the order applies. S. 2.1A.20 inserted by No. 24/2021 s. 6. 2.1A.20 Form of ongoing order (1) Written notice of an ongoing school community safety order must state the following— (a) the name of the person to whom the order applies; (b) the school in respect of which the order is made; (c) the terms of the order in accordance with section 2.1A.15(1); (d) the relevant school-related places to which the order applies, as determined under section 2.1A.24(1); (e) the grounds on which the order has been made; (f) the period for which the order is in force, as determined under section 2.1A.24(1); (g) any conditions that are attached to the order, as determined under section 2.1A.24(1); (h) any actions that are specified under section 2.1A.24(2); (i) the effect of section 2.1A.28; (j) the orders that may be made by the Magistrates' Court; (k) any other prescribed information. (2) An ongoing school community safety order must set out the effect of sections 2.1A.29 and 2.1A.33 regarding internal and external review of the decision to issue an ongoing school community safety order. S. 2.1A.21 inserted by No. 24/2021 s. 6. 2.1A.21 Procedure before making ongoing order (1) An authorised person must not make an ongoing school community safety order unless the authorised person— (a) has given notice of the proposal to make the order to the person to whom the order is to apply; and (b) has allowed the person to whom the order is to apply at least 7 days from the giving of the notice in which to make submissions on the proposal to the authorised person. (2) In determining whether to make an ongoing school community safety order, the authorised person must consider any submissions received under subsection (1)(b) that are made within the time specified in that paragraph. (3) A notice under subsection (1)(a) must attach a copy of the proposed order and must set out the following— (a) that the person to whom the order is to apply is entitled under subsection (1) to make written submissions on the proposal to make the order within 7 days from the giving of the notice; (b) any other prescribed information. (4) Submissions under subsection (1)(b) must be made in writing, unless the person to whom the order is to apply has written permission from the authorised person to make oral submissions. (5) The person to whom an ongoing school community safety order is to apply may, with the written permission of the authorised person, nominate another person to make a submission on their behalf under subsection (1)(b). S. 2.1A.22 inserted by No. 24/2021 s. 6. 2.1A.22 Extension of time to make submissions (1) An authorised person may extend the time within which submissions may be made under section 2.1A.21(1)(b), on application under subsection (2) by the person to whom the ongoing school community safety order is proposed to apply. (2) A person to whom the order is to apply may request that the authorised person extend the time within which submissions may be made under section 2.1A.21(1)(b). (3) If an authorised person decides to extend the time under subsection (1), the authorised person must give written notice of the extension to the person to whom the order is to apply which sets out— (a) the new time within which submissions must be made; and (b) if the order is being made as result of a review under section 2.1A.12, the period as determined under section 2.1A.9 when the immediate school community safety order expires. (4) A request under subsection (2) may be made at any time before the order is made. S. 2.1A.23 inserted by No. 24/2021 s. 6. 2.1A.23 Communication and access arrangements for ongoing orders (1) If an ongoing school community safety order is made in respect of a person who is a parent of a child at the school, the authorised person must prepare a communication and access protocol. (2) A communication and access protocol must set out— (a) the measures to be taken to ensure that the parent may continue to communicate with the school and be informed about the child's education; and Where a parent is unable to attend a parent and teacher meeting. (b) arrangements to ensure the child's continued attendance at and safe access to the school and school activities, if as a result of the order the parent cannot escort the child to or from the school or school activities; and (c) any matters that are required to be set out by the guidelines. (3) The authorised person must advise the parent of the communication and access protocol as soon as is reasonably practicable after the order is given to the parent. S. 2.1A.24 inserted by No. 24/2021 s. 6. 2.1A.24 Conditions and other matters for ongoing orders (1) In making an ongoing school community safety order an authorised person— (a) must determine the school-related places of the relevant school to which the order applies; and (b) must determine the period for which the order is to remain in force, which is subject to any provisions of this Part as to the duration, revocation or expiry of ongoing school community safety orders; and (c) may determine conditions to be attached to the order, including but not limited to times when the order does not apply or areas where the order does not apply. An ongoing school community safety order may prohibit the person to whom the order applies from entering on school premises, subject to a condition that the person may enter the premises in particular circumstances, such as for a particular school event. It may prohibit communication with staff members, subject to a condition that particular staff members identified in the order may be communicated with. (2) An authorised person, in making an ongoing school community safety order, may specify in the order any reasonable and appropriate actions that the person to whom the order applies may take to have the order revoked. The following are examples of actions that may be specified in the order— (a) participating in a specified course; (b) participating in a nominated alternative dispute resolution process; (c) apologising or retracting a statement; (d) participating in an assessment by an independent expert. S. 2.1A.25 inserted by No. 24/2021 s. 6. 2.1A.25 Revocation of ongoing orders An authorised person may revoke an ongoing school community safety order— (a) if the order specifies actions under section 2.1A.24(2) and the person to whom the order applies— (i) undertakes the actions specified in the order; and (ii) provides evidence of the completion of the actions to the authorised person, in a form specified in the order; or (b) for any other reason. S. 2.1A.26 inserted by No. 24/2021 s. 6. 2.1A.26 Variation of ongoing orders (1) An ongoing school community safety order may be varied by the authorised person who made the order— (a) on the authorised person's own motion; or (b) on the application of the person to whom the order applies. (2) A variation to an ongoing school community safety order may do any of the following— (a) vary or revoke existing conditions or exceptions; (b) impose new conditions; (c) provide for new exceptions. (3) If an authorised person varies an ongoing school community safety order— (a) subject to subsection (4), the authorised person must comply with sections 2.1A.15 to 2.1A.24 as if the application of those sections to the making of an ongoing school community safety order were to the varying of an ongoing school community safety order; and (b) the authorised person must give a written copy of the order as varied to the person to whom the order applies. (4) An authorised person is not required to comply with sections 2.1A.15 to 2.1A.24 in relation to a variation if the proposed variation— (a) is the same as the variation that has been requested by the person to whom the order applies; or (b) is otherwise in favour of the person to whom the order applies. S. 2.1A.27 inserted by No. 24/2021 s. 6. 2.1A.27 Duration of ongoing orders Unless earlier revoked, an ongoing school community safety order continues in force for the period specified in the order, being a period not exceeding 12 months from the day on which the order was given to the person to whom the order applies. S. 2.1A.28 inserted by No. 24/2021 s. 6. 2.1A.28 Contravention of ongoing order (1) A person must not contravene an ongoing school community safety order. (2) Subsection (1) is a civil penalty provision. Division 4—Review of ongoing school community safety order S. 2.1A.29 inserted by No. 24/2021 s. 6. 2.1A.29 Internal review (1) A person to whom an ongoing school community safety order applies may apply in writing to the school in respect of which the order was made for internal review of a decision— (a) to make the order; or (b) to vary the order on the authorised person's own motion; or (c) to refuse an application for variation of the order by the person to whom the order applies under section 2.1A.26(1)(b); or (d) to refuse to revoke an order under section 2.1A.25(a). (2) An application under subsection (1) must be referred by the school to a reviewer as soon as is practicable. (3) A reviewer must conduct a review of the decision in respect of which the application is made in accordance with— (a) this Division and any guidelines made by the Minister under Division 5; and (b) the procedures for internal review published on the Internet site of— (i) the Department, if the order relates to a Government school; or (ii) the relevant school, if the order relates to a non-Government school. (4) Any internal review procedures determined under subsection (3)(b) must— (a) provide the person to whom the order applies with the opportunity to make written submissions or, if permitted by the reviewer to do so, oral submissions; and (b) allow the person to whom the order applies to be represented, accompanied or assisted by another person; and (c) require a written statement of the following to be provided to the person to whom the order applies— (i) the outcome of the review; (ii) the reasons for the decision; (iii) information setting out the person's entitlement to seek external review by VCAT; and (d) be consistent with any guidelines made by the Minister under Division 5. (5) A reviewer may request the person to whom an ongoing school community safety order applies to provide further relevant information. S. 2.1A.30 inserted by No. 24/2021 s. 6. 2.1A.30 Timelines for internal review (1) An application for internal review must be made within 28 days after the decision that is the subject of the review. (2) An internal review decision should be made as soon as is reasonably practicable, and no later than 28 days after the application for internal review. (3) If the reviewer requests further information under section 2.1A.29(5), any time taken by the person to whom the order applies to respond to that request is not counted towards the 28 day period in subsection (2). (4) The reviewer may extend the 28 day period in subsection (2) for a further period of 28 days— (a) on written application of the person to whom the order applies; or (b) of the reviewer's own motion. (5) If a decision is not made within the period required by this section (including, if applicable, the period as extended) the ongoing school community safety order is revoked. S. 2.1A.31 inserted by No. 24/2021 s. 6. 2.1A.31 Effect of commencement of review on continuation of ongoing order An ongoing school community safety order continues in force in accordance with the period specified in the order, despite the commencement of a review under this Division, until the review is completed. S. 2.1A.32 inserted by No. 24/2021 s. 6. 2.1A.32 Outcome of internal review A reviewer may make a decision that affirms, varies or revokes the decision that is the subject of the review. S. 2.1A.33 inserted by No. 24/2021 s. 6. 2.1A.33 Review by VCAT A person to whom an ongoing school community safety order applies that is the subject of a decision under section 2.1A.32 may apply to the Victorian Civil and Administrative Tribunal for review of that decision. S. 2.1A.34 inserted by No. 24/2021 s. 6. 2.1A.34 Time period for making application for review An application for review under section 2.1A.33 must be made within 28 days of the later of— (a) the day on which the decision is made; or (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. Division 5—Guidelines S. 2.1A.35 inserted by No. 24/2021 s. 6. 2.1A.35 Authorised person to give effect to guidelines (1) An authorised person must give effect to any guidelines made by the Minister under this Division when making, varying or revoking a school community safety order. (2) The Secretary must give effect to any guidelines made by the Minister under this Division when authorising a person under section 2.1A.2. (3) A decision made by an authorised person is not invalid merely because the authorised person has not complied with guidelines made by the Minister under this Division, but the failure to comply with guidelines may be taken into account if the decision is the subject of internal or external review. S. 2.1A.36 inserted by No. 24/2021 s. 6. 2.1A.36 Reviewer to give effect to guidelines (1) A reviewer must give effect to any guidelines made by the Minister under this Division when conducting an internal review under Division 4. (2) A decision made by a reviewer is not invalid merely because the reviewer has not complied with guidelines made by the Minister under this Division, but the failure to comply with guidelines may be taken into account if the decision made in relation to the internal review is the subject of external review. S. 2.1A.37 inserted by No. 24/2021 s. 6. 2.1A.37 Ministerial guidelines (1) The Minister, by determination, may make guidelines for or with respect to the following— (a) matters to be considered in determining whether or not to make a school community safety order, including examples that illustrate how the requirements of this Act might apply; Examples of matters that can be provided for under this paragraph include— (a) the considerations to be taken into account with regard to a person's vulnerabilities; and (b) the considerations to be taken into account in determining the least restrictive means to address a risk; and (c) the circumstances in which to obtain police involvement. (b) the processes for making submissions and reviewing decisions to make school community safety orders; (c) alternative arrangements that may be made for persons to whom school community safety orders apply or students who may be affected by these orders; (d) circumstances in which school community safety orders should be subject to conditions and the nature of the conditions; (e) circumstances in which ongoing school community safety orders should be varied and the nature of the variations; (f) circumstances in which the grounds for the making of ongoing school community safety orders apply; (g) the length of time for which school community safety orders should remain in force; (h) the circumstances in which school community safety orders should be revoked; (i) enforcement of school community safety orders; (j) persons or classes of person the Secretary may authorise to be authorised persons under section 2.1A.2(1)(d); (k) any other related matters; (l) any other prescribed matters. (2) Guidelines made under subsection (1) are not a legislative instrument for the purposes of the **Subordinate Legislation Act 1994**. S. 2.1A.38 inserted by No. 24/2021 s. 6. 2.1A.38 Notice and publication of guidelines (1) Guidelines made by the Minister under section 2.1A.37 must be published on the Internet site of the Department. (2) Notice of the making of any guidelines under section 2.1A.37 must be published in the Government Gazette. (3) The Minister may amend the guidelines at any time, and must cause an amended version of the guidelines to be published on the Internet site of the Department. (4) Notice of the making of an amendment under subsection (3) must be published in the Government Gazette. Division 6—Civil penalties and enforcement S. 2.1A.39 inserted by No. 24/2021 s. 6. 2.1A.39 Definition ***civil penalty*** means a penalty imposed on a person by the Magistrates' Court under section 2.1A.41. S. 2.1A.40 inserted by No. 24/2021 s. 6. 2.1A.40 Application to the Magistrates' Court (1) The Secretary may apply to the Magistrates' Court for an order under this Division. (2) A nominee of the proprietor of a registered school may apply to the Magistrates' Court for an order under this Division relating to a school community safety order made by an authorised person at the registered school. S. 2.1A.41 inserted by No. 24/2021 s. 6. 2.1A.41 Magistrates' Court may order payment of civil penalty If the Court is satisfied that a person has contravened a civil penalty provision, the Court may order the person to pay a civil penalty of up to 60 penalty units. S. 2.1A.42 inserted by No. 24/2021 s. 6. 2.1A.42 Payment of penalty (1) Any civil penalty ordered to be paid under section 2.1A.41 is taken to be a debt due to the State and may be recovered by the State in a court of competent jurisdiction. (2) Any money paid or recovered under an order under section 2.1A.41 must be paid into the Consolidated Fund. S. 2.1A.43 inserted by No. 24/2021 s. 6. 2.1A.43 Magistrates' Court may make other orders If the Court is satisfied that a person has contravened a term of a school community safety order, the Court may make one or more of the following orders— (a) an order compelling the person to comply with the order; (b) an order compelling the person to take specified action to comply with the order; (c) any other order that the Court considers appropriate. Division 7—Statutory review S. 2.1A.44 inserted by No. 24/2021 s. 6. 2.1A.44 Statutory review of provisions The Minister must cause a review of the operation of this Part to be conducted before the second anniversary of the day on which all of the provisions of this Part are in operation. Part 2.2—Government schools Division 1—Establishment of Government schools 2.2.1 Establishment of Government schools and educational services (1) The Minister may from time to time— (a) establish and carry on Government schools; (b) extend and maintain Government schools; (c) declare or alter the educational level or classification of a Government school; (d) discontinue a Government school. (2) The Minister may decide the kinds of Government schools to be established and the educational level or levels or classification for the schools. (3) The Minister may establish school related educational institutions and services. (4) The Minister may arrange for the provision of educational instruction and services in ways other than through Government schools. (5) A Government school may be established for students of one sex. 2.2.2 Discontinuation of Government schools—limitation of judicial review (1) A decision or purported decision of the Minister to discontinue or continue any Government school is not liable to be challenged, appealed against, reviewed, quashed or called in question on any account— (a) in any court or tribunal; or S. 2.2.2(1)(b) amended by No. 69/2009 s. 54(Sch. Pt 2 item 20.1). (b) before any person acting judicially (within the meaning of the **Evidence (Miscellaneous Provisions) Act 1958**); or (c) before the Ombudsman. (2) Without limiting subsection (1), proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief do not lie in respect of a decision or purported decision of the Minister to discontinue or continue any Government school. 2.2.3 Limitation on occupier's liability for discontinued Government schools (1) In this section ***relevant person***, in relation to a Government school discontinued by the Minister, is a person who— (a) without the consent of the Minister operates, or assists in operating, education programs on the premises on which the discontinued school operated; or (b) is on those premises to protest against, or in support of persons protesting against, the decision of the Minister to discontinue the school; or (c) is on those premises as a student of education programs that are being operated on those premises without the consent of the Minister. (2) The Crown or its servants or agents, the State, the Minister or a school council do not owe a duty of care to any relevant person on the premises of a Government school— (a) that has been discontinued by the Minister; and (b) to which the provisions of this section are expressly applied by the Minister by a notice published in the Government Gazette. (3) Subsection (2) applies despite anything to the contrary— (a) in Part IIA of the **Wrongs Act 1958**; or (b) in any rule of law with respect to the liability of an occupier to a person entering on the occupier's premises. Division 2—Instruction in Government schools 2.2.4 Instruction in specified learning areas to be free to students under 20 (1) Instruction in the learning areas specified in Schedule 1 to (and including) year 12 of education or its equivalent is to be free for a student who is under the age of 20 years on 1 January in the year the student commences that year of schooling and who is attending a Government school. (2) This section does not apply to overseas students. (3) For the purposes of this section, instruction that is equivalent to year 12 of education is instruction for a certificate of education or other qualification determined by the Minister by Order to be so equivalent. 2.2.5 Students over 20 may be charged fees A student enrolled in a Government school who is of or above 20 years of age on 1 January in the year of enrolment may be charged a fee in accordance with the regulations for the instruction and educational and other related services provided to the student by the school during that school year. 2.2.6 Parent not required to contribute to cost of additional support A parent of a student with a disability or impairment is not required to contribute to the cost of the provision of additional support for the education in a Government school of that student. 2.2.7 Voluntary financial contributions (1) The school council of a Government school may ask the parents of a student enrolled at the school, or anyone else, to make a financial contribution to the school. (2) A school council may use voluntary contributions for any purpose for any school in relation to which it is constituted unless the contribution is provided for a specified purpose. (3) The following principles apply in relation to financial contributions— (a) a school council should clearly explain how contributions will be spent when making a request for a contribution; (b) each contribution is to be voluntary and obtained without coercion or harassment; (c) a student at the school is not to be refused instruction in the learning areas specified in Schedule 1 because the student's parents do not make a contribution; (d) a student is not to be approached, coerced or harassed for contributions; (e) any record of contributions is confidential. (4) If the school council asks the parents of a student enrolled at the school to make a financial contribution, the school council must tell the parents about the principles that apply in relation to financial contributions. 2.2.8 Overseas students to be required to pay fees (1) An overseas student who applies to be enrolled at a Government school or his or her parent or guardian must, in accordance with any Order made by the Minister under section 2.2.9, pay an application fee and, if enrolled, a fee for the instruction and educational and other related services provided to the student by the school. (2) The principal of a Government school must expel from the school any overseas student in respect of whom any fee required to be paid under this section has not been paid by the due date. (3) The Minister may permit an overseas student who has been or is to be expelled from a Government school under subsection (2) to return to or remain at the school either unconditionally or on conditions agreed to by the student or his or her parent or guardian relating to the payment of the fee. 2.2.9 Overseas students fees Order (1) The Minister may make an Order for or with respect to any matter that relates to the payment of fees by overseas students applying to be enrolled or enrolled at Government schools including but not limited to— (a) the amount of any fee payable under section 2.2.8; (b) any period to which the fee relates; (c) the date on which the fee is payable; (d) the person to whom the fee is to be paid; (e) the extent to which and the manner in which the fee is to be apportioned between the school and the Secretary. (2) The principal of a Government school and the school council of that school must comply with any Order made under subsection (1) that applies to the school. 2.2.10 Education in Government schools to be secular (1) Except as provided in section 2.2.11, education in Government schools must be secular and not promote any particular religious practice, denomination or sect. (2) Subsection (1) does not prevent the inclusion of general religious education in the curriculum of a Government school. (3) A Government school teacher must not provide religious instruction other than the provision of general religious education in any Government school building. (4) In this section ***general religious education*** means education about the major forms of religious thought and expression characteristic of Australian society and other societies in the world. 2.2.11 Special religious instruction (1) Special religious instruction may be given in a Government school in accordance with this section. (2) If special religious instruction is given in a Government school during the hours set apart for the instruction of the students— (a) the persons providing the special religious instruction must be persons who are accredited representatives of churches or other religious groups and who are approved by the Minister for the purpose; (b) the special religious instruction must be given on the basis of the normal class organisation of the school except in a school where the Minister authorises some other basis to be observed having regard to— (i) the particular circumstances of a school or schools; or (ii) the preparation or conduct of a pageant, special event or celebration of a festival in a school or schools; (c) attendance for the special religious instruction is not to be compulsory for any student whose parents desire that he or she be excused from attending. (3) The Minister may give an authorisation under subsection (2) in respect of the preparation or conduct of a particular class of pageant, special event or celebration of a festival generally to all schools, to a class or classes of school or to a specific school. (4) Nothing in this section prevents any Government school building from being used for any purpose on days other than school days or at hours on school days other than the hours set apart for the instruction of the students. (5) In this section ***special religious instruction*** means instruction provided by churches and other religious groups and based on distinctive religious tenets and beliefs. 2.2.12 Ceremony in relation to being Australian citizens (1) In every Government school there must be observed in accordance with this section a ceremony at which the students acknowledge their role as citizens of Australia. (2) The school council at each Government school must in accordance with the guidelines issued by the Minister determine— (a) the form of any ceremony under subsection (1); and (b) the intervals at which the ceremony must take place. (3) The flag to be used at a ceremony under subsection (1) must be the Australian National Flag. Division 3—Admission to Government schools 2.2.13 Admission to designated neighbourhood Government school (1) A child of compulsory school age is entitled to be enrolled at his or her designated neighbourhood Government school. (a) a special school or other school providing solely for students with disabilities; (b) a school that provides education solely through distance education programs; (c) a school for which the Minister has approved special criteria for entry to the school under section 2.2.16. 2.2.14 Admission to other Government school A child of compulsory school age may be enrolled at a Government school that is not the child's designated neighbourhood Government school if there is sufficient accommodation for the child at that school. 2.2.15 Refusal of admission generally A person may be refused admission to a Government school— (a) if the person is not entitled to be enrolled at that school under section 2.2.13; or (b) in accordance with any other provision of this Act or any other Act. 2.2.16 Minister may approve admission criteria The Minister may specify— (a) criteria for determining a designated neighbourhood Government school including different criteria for different areas; (b) entry criteria for a particular school. 2.2.17 Refusal of admission for safety reasons (1) A person may be refused admission to or continued enrolment in a Government school if, in the Minister's opinion, it is advisable to do so to ensure the safety of the student or other students at the school. (2) A child of compulsory school age who has been refused admission to or continued enrolment in a Government school under subsection (1) must, in accordance with any Order made by the Minister under subsection (3) be given an opportunity to continue his or her education while he or she is of compulsory school age. (3) The Minister may make an Order specifying the means by which a student who has been refused admission to or continued enrolment in a Government school is to be given an opportunity to continue his or her education while of compulsory school age. 2.2.18 Age requirements for enrolment at Government schools The principal of a Government school may refuse— (a) to enrol a person at that school or in a program or course of study offered, conducted or provided by that school or to allow a person to continue to be so enrolled; or (b) to allow a person to attend that school or to attend or participate in any program or course of study offered by that school or to allow a person to continue to so attend or participate— if the person is under, of or over an age specified in the regulations in relation to enrolment or attendance at a Government school or enrolment, attendance at or participation in any program or course of study offered, conducted or provided by a Government school. Division 4—Discipline of students 2.2.19 Discipline of students (1) The principal of a Government school may, in accordance with any Ministerial Order, suspend or expel a student from that school. (2) A student expelled from a Government school under subsection (1) may, in accordance with any Ministerial Order, appeal to the Secretary against his or her expulsion. (3) Subject to any action taken by the Secretary under subsection (4), a student of compulsory school age who has been expelled from a Government school must, in accordance with any Ministerial Order, be given an opportunity to continue his or her education while he or she is of compulsory school age. (4) The Secretary may, in accordance with any Ministerial Order, prohibit a student expelled from a Government school from attending any other Government school. (5) Despite any provision made by or under any other Act, the Secretary must cause all documents under his or her control relating to the expulsion of a student from a Government school to be destroyed within 12 months after the student is expelled or ceases to be of compulsory school age, whichever is the later. Division 5—Assistance for students with special needs 2.2.20 Assistance for students with special needs The Minister may provide or arrange special or additional assistance for students in Government schools with special needs, including the provision of meals to students who are disadvantaged by their socio-economic background. Part 2.3—Government school councils Division 1—Definitions 2.3.1 Definitions S. 2.3.1 def. of *early childhood teacher* inserted by No. 19/2014 s. 36(a). ***early childhood teacher*** has the meaning given in section 2.6.1; S. 2.3.1 def. of *kindergarten program* inserted by No. 29/2023 s. 9(a). ***kindergarten program*** means an educational program delivered by a registered early childhood teacher as part of an education and care service to any child who is of or over the age of 3 years and under the age of 6 years in the year that the child takes part in the program; S. 2.3.1 def. of *preschool program* repealed by No. 29/2023 s. 9(b). ***school*** means a Government school and includes, if a school council is to be or is constituted in relation to a school, a proposed school; S. 2.3.1 def. of *teacher* amended by No. 19/2014 s. 36(b). ***teacher***, unless the contrary intention appears, includes student teacher, teacher on a special staff, student in training and every person employed to assist teachers in the class room or who forms part of the educational staff of a school, but does not include an early childhood teacher. S. 2.3.1 def. of *teaching staff* repealed by No. 19/2014 s. 36(c). Division 2—Constitution of school councils 2.3.2 Minister may constitute school council by Order (1) The Minister may by Order constitute a council to exercise and discharge, in relation to a Government school or group of Government schools, powers, duties and functions that may from time to time be conferred or imposed on the council by or under this Act. (2) The Minister, by Order, may— (a) constitute a council, by a name that is specified in the Order, as a body corporate to exercise and discharge any powers, duties or functions conferred or imposed upon the council by or under this Act in relation to the school or group of schools (as the case may be); (b) make provision for or with respect to the membership of the council and may make provision for the election of members, that he or she thinks fit; (c) confer or impose upon the council or any member of the council any powers, duties or functions in addition to those conferred or imposed upon the council or any member of the council by or under this Act; and (d) make any other provision in relation to the constitution, powers, duties and functions of the council that is in his or her opinion necessary or expedient, including limiting or regulating the exercise by the council of any of those powers, duties or functions. (3) A notice stating that an Order has been made under subsection (1) must be published as soon as practicable in the Government Gazette. (4) On and from the date that an Order under subsection (1) was made or any later date specified in that Order, the council constituted by the Order becomes a body corporate by the name specified in the Order and is, subject to the Order, immediately capable of— (a) exercising all the functions of a body corporate; and (b) suing and being sued; and (c) holding land; and (d) having perpetual succession; and (e) having a common seal. (5) Any Order made under subsection (1) may provide for anything relating to the appointment or the election of members to be done or complied with in accordance with regulations made under this Act. (6) The Minister may by any subsequent Order— S. 2.3.2(6)(a) amended by No. 37/2015 s. 5(1). (a) dissolve the council and any parents' club of a school in relation to which the council is constituted; or (b) change the name of the council; or (c) make further provision with respect to any matter or thing that is authorised to be done under paragraphs (b), (c) and (d) of subsection (2); or (d) amend or vary any provision of a previous Order with respect to any of the matters or things referred to in paragraphs (a) to (c). S. 2.3.2(7) substituted by No. 37/2015 s. 5(2). (7) An Order made under subsection (6)(a) dissolving a council or a parents' club may make provision for or with respect to any matter of an ancillary, consequential, transitional or savings nature consequent on the making of the Order, including the rights, obligations and assignment of any property or other assets (subject to trusts) of any council or parents' club referred to in the Order. (8) A notice stating that an Order has been made under subsection (6) and specifying the general purpose of the Order must be published as soon as practicable in the Government Gazette. (9) Subsection (8) does not apply to an Order unless the purpose of the Order is— (a) to merge 2 or more councils; or (b) to dissolve a council; or (c) to confer or impose new powers, duties or functions on a council or to any of its members. (10) A change of name of a council under this section does not affect the identity of the council or any rights or obligations of the council or render defective any legal proceedings by or against the council, and any legal proceedings that might have been continued or commenced by or against the council by its former name may be continued or commenced by or against it by its new name. (11) A copy of any Order made under this section must be kept at the premises of any school to which it relates and must be made available for inspection by any person at any reasonable time during school hours. (12) Nothing done or omitted to be done by a school council subjects the Crown, the State, a Minister of the State or the Secretary to any liability in respect of the thing done or omitted to be done except as provided in subsection (13) and section 2.3.32. (13) Subsection (12) does not apply if otherwise agreed in writing between the school council and the Crown, the State, the Minister or the Secretary (as the case requires), expressly with reference to this section, and whether before or after the thing is done or omitted to be done. (14) A member of a council constituted under this section is not to receive any payment for his or her services as a member. (15) Subsection (14) does not prevent the council reimbursing a member for any reasonable expenses incurred in the performance of his or her duties as a member. S. 2.3.3 amended by No. 29/2023 s. 10. 2.3.3 Minister entitled to act if no school council If there is no school council constituted in relation to a school, the Minister may exercise or discharge in respect of the school or any program (including a kindergarten program) offered by the school, any power, duty or function that would be conferred or imposed by or under this Act on any such council constituted in relation to that school. Division 3—Objectives, functions and powers of school councils 2.3.4 Objectives of a school council The objectives of a school council with regard to any school in relation to which it is constituted are— (a) to assist in the efficient governance of the school; (b) to ensure that its decisions affecting students of the school are made having regard, as a primary consideration, to the best interest of the students; (c) to enhance the educational opportunities of students at the school; (d) to ensure the school and the council complies with any requirements of this Act, the regulations, a Ministerial Order or a direction, guideline or policy issued under this Act. 2.3.5 Functions of a school council The functions of a school council with regard to any school in relation to which it is constituted are— (a) to establish the broad direction and vision of the school within the school's community; S. 2.3.5(b) amended by No. 29/2023 s. 11. (b) to arrange for the supply of goods, services, facilities, materials, equipment and other things or matters that are required for the conduct of the school including the provision of kindergarten programs; (c) to raise funds for school related purposes; (d) to regulate and facilitate the after hours use of the school premises and grounds; (e) to exercise a general oversight of the school buildings and grounds and ensure that they are kept in good order and condition; (f) to provide for the cleaning and sanitary services that are necessary for the school; (g) to ensure that all money coming into the hands of the council is expended for proper purposes relating to the school; (h) to provide meals and refreshments for the staff and students of the school and make charges for those meals or refreshments; (i) to inform itself and take into account any views of the school community for the purpose of making decisions in regard to the school and the students at the school; (j) to generally stimulate interest in the school in the wider community; (k) to perform any other function or duty or to exercise any power conferred or imposed on the council— (i) by or under this Act or the regulations; or (ii) by a Ministerial Order or direction issued by the Minister under this Act. 2.3.6 Powers of a school council (1) For the purpose of meeting its objectives or performing its functions or duties a school council may— (a) enter into contracts, agreements or arrangements; (b) establish trusts and act as trustee of them; (c) subject to section 2.2.4 and in accordance with any Ministerial Order, charge fees to parents for goods, services or other things provided by the school to a child of the parent; S. 2.3.6(1)(ca) inserted by No. 37/2015 s. 6(1). (ca) subject to subsection (1A), grant a licence in relation to school lands or buildings in accordance with any Ministerial Order and any guidelines issued by the Minister; S. 2.3.6(1)(cb) inserted by No. 37/2015 s. 6(1). (cb) enter into a licensing arrangement in relation to any other land in accordance with any Ministerial Order and any guidelines issued by the Minister; (d) do any other thing that is necessary or convenient to be done for, or in connection with, meeting its objectives or performing its functions or duties*.* S. 2.3.6(1A) inserted by No. 37/2015 s. 6(2). (1A) Subsection (1)(ca) does not apply to a licence granted under section 2.3.21. S. 2.3.6(1B) inserted by No. 37/2015 s. 6(2). (1B) Subsection (1)(ca) applies despite anything to the contrary in the **Crown Land (Reserves) Act** **1978**. (2) In addition to the powers under subsection (1), a council has any other powers conferred on it by or under this Act, the regulations or a Ministerial Order. (3) A school council does not have the power to do any of the following— (a) employ a teacher with no date fixed for the termination of that employment; (b) purchase or acquire for consideration any land or building; (c) unless authorised by or under this Act, the regulations or a Ministerial Order— (i) licence or grant any interest in land, including school lands or buildings; (ii) enter into hire purchase agreements; (iii) obtain loan or credit facilities; (iv) form or become a member of a corporation; (v) provide for any matter or thing outside of Victoria unless it is related to an excursion by students from a school in relation to which the council is constituted or the professional development of staff of that school; (vi) purchase a motor vehicle, boat or a plane. 2.3.7 Accountability (1) A school council is accountable to the Minister in respect of the performance by the council of its functions in accordance with any Order made by the Minister. (2) The principal of a school is the executive officer of the school council and must ensure that— (a) adequate and appropriate advice is provided to the school council on educational and other matters; (b) the decisions of the school council are implemented; (c) adequate support and resources are provided for the conduct of school council meetings. (3) The Secretary must ensure that an effective quality assurance regime is in place over the financial and operational activities of school councils. Division 4—Employment of staff 2.3.8 Employment or engagement of teachers and other staff in schools (1) A school council, in accordance with this Act, may— (a) employ— (i) teachers for a fixed period not exceeding one year or on a casual basis; or (ii) teacher aides; or (iii) any other staff— for the purpose of performing its functions and duties; (b) employ any person to enable the council to do anything it is authorised to do by section 2.3.11 or Division 6. (2) A school council which employs a person under subsection (1) may do so on behalf of a group of school councils, and the group of school councils may decide from time to time in a manner determined by agreement amongst themselves the time which the person is to spend on each school. S. 2.3.8(3) amended by No. 58/2007 s. 5. (3) Sections 5.10.4 and 5.10.5 and clause 8 of Schedule 6 apply to and in relation to the determination of salaries and allowances to be paid to and to the terms and conditions of employment of staff employed by school councils as if those employees were employees of the teaching service. S. 2.3.9 (Heading) amended by No. 19/2014 s. 37(1). 2.3.9 Eligibility of person to be employed as a teacher or an early childhood teacher S. 2.3.9(1) amended by No. 19/2014 s. 37(2), substituted by No. 31/2018 s. 33(1), amended by No. 34/2020 s. 211. (1) 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 or been given a WWC exclusion, is not eligible to be employed by a school council as a teacher or an early childhood teacher. S. 2.3.9(2) amended by No. 19/2014 s. 37(3). (2) A person is not eligible to be employed by a school council as a teacher within the meaning of Part 2.6 unless the person is registered or permitted to teach under Division 3 or 4 of that Part. S. 2.3.9(3) inserted by No. 19/2014 s. 37(4), substituted by No. 33/2020 s. 15. (3) A person is not eligible to be employed by a school council as an early childhood teacher in an early childhood service unless the person is registered as an early childhood teacher under Division 3A of Part 2.6. 2.3.10 Dismissal, suspension and termination of employment S. 2.3.10(1) amended by No. 19/2014 s. 38(1), substituted by No. 31/2018 s. 33(2), amended by No. 34/2020 s. 212. (1) A school council must dismiss or remove a person who is employed or engaged by the council as a teacher or an early childhood teacher and who 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. S. 2.3.10(2) amended by No. 19/2014 s. 38(2)(a). (2) If a person who is employed or engaged by a school council as a teacher within the meaning of Part 2.6 or an early childhood teacher is refused registration or permission to teach under this Act or has had his or her registration or permission to teach cancelled or suspended under this Act, the council may— S. 2.3.10(2)(a) amended by No. 19/2014 s. 38(2)(b). (a) suspend the person without pay from duty as a teacher or an early childhood teacher for the period that the person's registration or permission to teach is refused, cancelled or suspended; or (b) without limiting any of the council's other powers, dismiss or remove the person. S. 2.3.10(3) amended by No. 19/2014 s. 38(3). (3) If a person employed or engaged by a school council as a teacher within the meaning of Part 2.6 or an early childhood teacher— (a) is refused registration or permission to teach under this Act or has his or her registration or permission to teach cancelled or suspended under this Act; and (b) remains unregistered or without permission to teach for a continuous period of 12 months— the employment or engagement of that person ceases, by virtue of this subsection, at the end of that period of 12 months. (4) For the purposes of subsection (3)(b), any period during which a person remains unregistered or without permission to teach does not include any period during which the person is on leave approved by the school council. (5) The school council must notify in writing a person whose employment or engagement has ceased under subsection (3). S. 2.3.10A inserted by No. 19/2014 s. 39. 2.3.10A Employment, dismissal and termination of holders of temporary approvals S. 2.3.10A(1) substituted by No. 31/2018 s. 33(3), amended by No. 34/2020 s. 213. (1) A person who holds a temporary approval who 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, is not eligible to be employed by a school council under an exemption granted to an early childhood service. (2) A school council must dismiss or remove a person who holds a temporary approval if— (a) the person's temporary approval expires or is revoked under section 2.6.60E; or (b) the exemption granted to the early childhood service expires or is revoked under section 2.6.60E. Division 5—Further powers of school councils 2.3.11 Use of school buildings and grounds for activities (1) A school council may— (a) conduct programs in or use; or (b) subject to any conditions imposed by the council, join with any other person or body to conduct programs in or use; or (c) subject to any conditions imposed by the council, allow any other person or body to conduct programs in or use— any buildings or grounds of any school in relation to which the council is constituted for the purposes of educational, recreational, sporting or cultural activities for students, the local community or young persons. (2) A school council may only allow buildings and grounds of a school to be used under subsection (1) when the buildings or grounds are not required for ordinary school purposes. (3) This section applies despite anything to the contrary in the **Crown Land (Reserves) Act 1978**. 2.3.12 School council may carry out works (1) A school council may, in regard to any school in relation to which it is constituted, with the approval of the Minister given either generally or in any particular case— (a) construct, or carry out any improvements to any building structure on the school grounds, or carry out any improvements in or to the school grounds; or (b) enter into a contract with any person for or in relation to the construction or carrying out by that person of any such building structure or improvements or of any other work which the council is authorised or required by or under this Act to carry out; or S. 2.3.12(1)(c) amended by No. 29/2023 s. 12. (c) construct or carry out any improvements to any building structure, or carry out any improvements, on, in or to the school grounds or any other land that the Minister has acquired an estate or interest in to provide kindergarten programs. (2) Despite anything to the contrary in any Act, a school council may obtain and accept offers or tenders for any work approved by the Minister under this section that it proposes to carry out. (3) If a school council is required by directions issued under Part 4 of the **Project Development and Construction Management Act 1994** to publicly invite tenders for the work— (a) the council must invite tenders as required by those directions by an advertisement published in a newspaper circulating generally in Victoria and in at least one newspaper circulating in the neighbourhood of the school where the proposed work is to be carried out; and (b) the work must be carried out under any supervision that the Minister directs. (4) The provisions of subsection (3) do not apply if— (a) the work in question is that of an architect, engineer or other professional adviser or consultant employed by the council with the consent of the Minister in connection with any proposed work; or (b) the Minister has in relation to any particular work given a written exemption to the school council from complying with the provisions of that subsection; or (c) the school council arranges for the work to be undertaken by any municipal council or any public statutory body. (5) If a school council enters into a contract for any work and the council is not required by a direction issued under Part 4 of the **Project Development and Construction Management Act 1994** to publicly invite tenders for the work, the council may supervise the carrying out of that work, unless the Minister either generally or in any particular case directs, or the regulations made under this Act provide, that the work must be supervised otherwise. 2.3.13 Public bodies authorised to perform works for school council Despite anything in any Act, a municipal council and any public statutory corporation and any school council if so authorised by the Minister is authorised and empowered to— (a) enter into contracts with a school council for or in connection with— (i) the construction of buildings or structures or the carrying out of improvements on, in or to the grounds of the school in relation to which the council is constituted; or (ii) any other work which the school council is authorised or required by or under this Act to carry out; and (b) do or comply with anything necessary or expedient for carrying the contract into effect. 2.3.14 School council may form sub-committee Subject to this Act and the regulations, a school council may form a sub-committee, consisting of at least one member of the council and any other persons, to assist the council. 2.3.15 School council may delegate powers, duties or functions Subject to this Act and the regulations, a school council may by instrument delegate all or any of the powers, duties or functions conferred or imposed on the council by or under this Act, the regulations, a Ministerial Order or a direction issued by the Minister under this Act except this power of delegation to another person or body. 2.3.16 School council may form committees to manage joint facilities If a school council enters into an agreement under its powers under this Act for the use of any real or personal property by other persons or bodies, the school council may agree with the other parties to the agreement to form a committee for the management of the property. 2.3.17 School council may delegate powers, duties or functions to members of committee A school council that agrees to form a committee to manage property under section 2.3.16 may, with the approval of the Minister, delegate by instrument to members of the committee all or any of the council's powers, duties or functions conferred or imposed on the council by or under this Act in relation to that property except this power of delegation. 2.3.18 School council may sell property (1) A school council may sell equipment, goods or other similar personal property acquired for use in any school in relation to which it is constituted. (2) If the proceeds from the sale of property under subsection (1) are less than the amount determined by the Minister, the school council may keep those proceeds. (3) If the proceeds from the sale of property under subsection (1) are equal to or more than the amount determined by the Minister, the school council may keep those proceeds, if the person appointed by the Secretary has given approval to the school council to do so. (4) For the purposes of subsections (2) and (3), a determination of the Minister— (b) may be varied or revoked by the Minister in writing. (5) The Secretary may appoint a person to give approvals under subsection (3). (6) An approval— (b) must be given before the property is sold. Pt 2.3 Div. 6 (Heading) amended by No. 29/2023 s. 13. Division 6—Kindergarten programs 2.3.19 Application of Division S. 2.3.19(1) amended by No. 29/2023 s. 14. (1) A child who takes part in a kindergarten program conducted under this Division is not, for the purposes of this Act or any other Act relating to the care or education of kindergarten children, to be taken to be a student enrolled at a Government school. (2) The powers of a school council under this Division are in addition to and do not limit the powers of a school council under any other provision of this Act. S. 2.3.20 (Heading) amended by No. 29/2023 s. 15(1). 2.3.20 School councils may provide for kindergarten programs (1) The school council of a school that provides primary education and in relation to which the council is constituted may— S. 2.3.20(1)(a) amended by No. 29/2023 s. 15(2). (a) provide kindergarten programs on the premises of that school or on any other land or premises under the control of the Minister; or S. 2.3.20(1)(b) amended by No. 29/2023 s. 15(3). (b) enter into an agreement or arrangement with any other school council or other person or body for that council, person or body to use part of the premises of that school or other premises under the control of the Minister to provide a kindergarten program on those premises; or S. 2.3.20(1)(c) amended by No. 29/2023 s. 15(3). (c) enter into an agreement or arrangement with any other school council or other person or body to jointly provide a kindergarten program. S. 2.3.20(2) amended by No. 29/2023 s. 15(3)(4). (2) A school council that provides a kindergarten program or enters into an arrangement or agreement to provide a kindergarten program must ensure that, in any records kept by the school or the school council, the kindergarten children using the program are accounted for separately from students enrolled at the school in school programs. S. 2.3.21 (Heading) amended by No. 29/2023 s. 16(1). 2.3.21 Council may grant lease or licence over kindergarten land S. 2.3.21(1) amended by No. 29/2023 s. 16(2). (1) A council of any school in relation to which it is constituted may, if authorised in writing by the Minister, either generally or in any specified circumstances, grant a leasehold interest in, or a licence over, land of the school to be used to operate a kindergarten program or programs for children. (2) This section applies despite anything to the contrary in the **Crown Land (Reserves) Act 1978**. S. 2.3.22 (Heading) amended by No. 29/2023 s. 17(1). S. 2.3.22 amended by No. 29/2023 s. 17(2). 2.3.22 Fees for kindergarten programs A council of any school in relation to which it is constituted, or any other person or body authorised by the council under section 2.3.20, may require the payment of fees for the provision of kindergarten programs and other related services. S. 2.3.23 amended by No. 29/2023 s. 18. 2.3.23 Application of, and accounting for, money received A school council that provides or makes agreements or arrangements for the provision of kindergarten programs under this Division must ensure— S. 2.3.23(a) amended by No. 29/2023 s. 18. (a) that any fees or other money received by the council in the course of that provision or those agreements or arrangements is applied to the provision of kindergarten programs unless directed otherwise by a direction or guideline issued by the Minister; and (b) that separate accounts and financial records are maintained in relation to the provision of those programs. Division 7—Reporting and accountability requirements 2.3.24 School plan (1) A school council must, in accordance with any Ministerial Order, prepare a school plan that sets out the school's goals and targets for the next 4 years and the strategies for achieving those goals and targets. (2) A school plan prepared under subsection (1) must be signed by both the president of the school council and the principal and must be submitted to the Secretary for approval within the period specified in a Ministerial Order. (3) The Secretary may direct the school council to make specified variations to a school plan and to resubmit the plan to the Secretary. (4) The Secretary or his or her nominee must sign any school plan approved by the Secretary. (5) A school plan comes into force immediately on being signed by the Secretary or his or her nominee and remains in force for a period of 4 years after that date or any other period that is specified in a Ministerial Order. 2.3.25 Status of school plan A school plan— (a) does not create any contractual relationship between any persons; and (b) does not give rise to any rights or entitlements, or impose any duties, that are capable of being enforced in a legal proceeding. 2.3.26 Termination of school plan The Secretary may, by notice served on a school council, terminate the operation of the whole or a specified part of a school plan prepared by that council with effect from a date specified in the notice that is not less than 14 days after the date of service of the notice on the council. 2.3.27 School council to prepare annual report (1) A school council must prepare a report (to be called an annual report) relating to— (a) financial activities including any matters required by a Ministerial Order as at a date fixed by Ministerial Order; and (b) the school plan; and (c) any other matters that are determined by the Minister. (2) A council must ensure that— (a) the annual report is prepared by the date fixed by Ministerial Order; and (b) the report is prepared in accordance with any Ministerial Order and any standards and guidelines issued by the Minister; and (c) a copy of the annual report— (i) is published and made available to the local community of the school or group of schools in relation to which the council is constituted; and (ii) is given, upon request, to the Secretary or any other person. 2.3.28 Powers of Auditor-General regarding council accounts The Auditor-General and any person assisting the Auditor-General has, in respect of the accounts kept by a school council in relation to money coming into the council's hands, all the powers conferred on the Auditor-General by any law in force now or in the future relating to the audit of the public accounts. 2.3.29 Use of funds by school council A school council may use, for any purpose for any school in relation to which it is constituted, any funding provided to the school that is not provided for a specified purpose. 2.3.30 Annual reports (1) The Secretary must ensure that the financial statements of the Department prepared in accordance with section 45 of the **Financial Management Act 1994** include— (a) a consolidation of the information provided by school councils in their annual report prepared under section 2.3.27; and (b) any other information in respect of school councils required by the Minister responsible for administering the **Financial Management Act 1994**. (2) The Minister must ensure that the report of operations of the Department prepared in accordance with section 45 of the **Financial Management Act 1994** includes— (a) a summary of the information provided by school councils in their annual report prepared under section 2.3.27; and (b) any other information in respect of school councils required by the Minister responsible for administering the **Financial Management Act 1994**. Division 8—General S. 2.3.31 amended by No. 69/2009 s. 54(Sch. Pt 2 item 20.1). 2.3.31 Limitation on commencement of legal proceedings A school council must not, without the written consent of the Minister, commence in any court or tribunal or before any person acting judicially (within the meaning of the **Evidence (Miscellaneous Provisions) Act 1958**) a legal proceeding (including a proceeding for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief) against any of the following— (a) the Crown in right of the State; (b) the State; (c) any Minister of the Crown in right of the State; (d) any officer or employee of the Crown in right of the State in respect of any duties performed in his or her official capacity; (e) an authority or public body within the meaning of the **Financial Management Act 1994**. 2.3.32 Indemnity for school council members The Crown must indemnify a person who is or has been a member of a school council constituted under this Division or section 13 of the **Education Act 1958** as in force immediately before the commencement of this section against any liability in respect of any loss or damage suffered by the council or any other person in respect of anything necessarily or reasonably done or omitted to be done by the member or former member in good faith— (a) in the exercise of a power or the performance of a function of a member; or (b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function of a member. Part 2.4—Government teaching service 2.4.1 Definitions ***classification*** includes the division, class, subdivision or grade in which an employee or work is placed and the title (if any) by which a position is designated; ***employee*** means an on-going employee or a temporary employee in the teaching service; S. 2.4.1 def. of *executive* inserted by No. 70/2008 s. 4(1). ***executive*** means a person employed in the teaching service as an executive; S. 2.4.1 def. of *member of the Executive Class* inserted by No. 70/2008 s. 4(1). ***member of the Executive Class*** means a member of the teaching service who holds a position which has been classified to be a position in the Executive Class by the Secretary; S. 2.4.1 def. of *member of the Principal Class* amended by No. 70/2008 s. 4(2). ***member of the Principal Class*** means a member of the teaching service who is an on-going employee who holds a position which has been classified to be a position in the Principal Class by the Secretary; ***Merit Protection Board*** means a Merit Protection Board established under Division 7; ***on-going employee*** means a person who is employed in the teaching service with no date fixed for the termination of that employment; S. 2.4.1 def. of *registered* substituted by No. 19/2014 s. 40. ***registered***, in relation to a person employed in the teaching service, means registered under Part 2.6 and includes permitted to teach under Part 2.6 but does not include— (a) a person who holds non-practising registration under that Part; or (b) a person who is registered under Division 3A of that Part; ***relevant criteria*** means the criteria specified by Ministerial Order; ***teacher*** means a person employed in the teaching service for teaching in a Government school but does not include a teacher's aide or assistant teacher; ***temporary employee*** means a person engaged in— (a) a casual position in the teaching service; or (b) a fixed term position with no entitlement to on-going employment at the end of the fixed term. Division 2—Employment in teaching service 2.4.2 Application of Federal awards and agreements Employment in the teaching service under this Part is subject to any relevant award or agreement under, or continued in force by, a law of the Commonwealth. 2.4.3 Employment of teachers, principals and other staff (1) For the purposes of this Act, there shall be employed by the Secretary on behalf of the Crown in the teaching service— (a) teachers; and (b) principals and assistant principals; and S. 2.4.3(1)(ba) inserted by No. 70/2008 s. 5(1). (ba) executives to perform duties in or outside a school; and (c) persons engaged or employed as teacher aides, assistant teachers or to perform professional, administrative, clerical or computing or technical duties in schools; and (d) any person in any other category of staff declared by Ministerial Order to be staff in schools who may be employed by the Secretary; and (e) any other persons who are necessary for the purposes of this Act. (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 teaching service. (3) Without limiting subsection (2), the Secretary may— (a) create, abolish or otherwise deal with any position in the teaching service; (b) employ as many persons as are required for the exercise of the functions of the teaching service; (c) employ those persons as on-going employees or temporary employees; (d) assign work to employees; (e) issue lawful instructions that must be observed by employees; S. 2.4.3(3)(f) amended by No. 70/2008 s. 5(2). (f) subject to section 2.4.3A, determine the remuneration (including an increase or reduction in remuneration) and other terms and conditions of employment of any individual employee; (g) pay allowances, bonuses or gratuities to employees; (h) transfer employees to other duties in the teaching service; (i) suspend employees from duty with pay; (j) terminate the employment of employees; (k) second employees to other bodies or take persons on secondment from other bodies; (l) authorise periods of leave of absence for employees or make payments to employees or their legal personal representative in lieu of leave; (m) do anything else authorised by this Part. S. 2.4.3A inserted by No. 70/2008 s. 6. 2.4.3A Remuneration range for executives (1) The Minister, by Order, may fix a range of remuneration for executives, including a different range for each grade or class of executive. (2) The remuneration of an executive determined by the Secretary under section 2.4.3(3)(f) must fall within the range fixed by the Minister under this section for the grade or class of that executive. 2.4.4 Filling of vacant positions (1) If a position is vacant or is about to become vacant, the Secretary may— (a) take steps to employ, transfer or promote a person to fill the vacancy under this Part; or (b) assign for a specified period a qualified person to fill the vacancy. (2) In the selection of a person to fill a vacant position, the Secretary must have regard to any relevant criteria. 2.4.5 Public notices (1) The Secretary must not employ a person in an on-going position in the teaching service under this Part unless public notice of the vacancy in the position or proposed position has been published at least once. (2) Subsection (1) does not apply— (a) to employment as an on-going employee without a position; or (b) if public notice is not required by any relevant award or agreement under, or continued in force by, a law of the Commonwealth; or (c) to assignments for specific periods; or (d) to administrative transfers; or (e) to transfers pending disciplinary action under this Act; or (f) if, in the opinion of the Secretary, it is not in the public interest or efficient to publish a notice. 2.4.6 Secretary to consider recommendation of school council (1) In the case of a vacancy in the position of principal in a school, the Secretary must, in accordance with any Ministerial Order, take into account the recommendation of the school council of the school or, if there is no school council, the recommendation of a committee approved by the Minister as representing the local community, when deciding on a person to employ to fill the vacancy. (2) In making a recommendation for the purposes of subsection (1), the school council or committee (as the case may be) must proceed in the manner determined by Ministerial Order. 2.4.7 Eligibility for employment (1) A person is not eligible for employment in any position of the teaching service unless the person satisfies the eligibility criteria set out in a Ministerial Order. S. 2.4.7(2) substituted by No. 31/2018 s. 33(4), amended by No. 34/2020 s. 214. (2) 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 or been given a WWC exclusion, is not eligible for employment in any position in the teaching service. (3) A person is not eligible for employment as a teacher in the teaching service unless the person is registered under Part 2.6. (4) A Ministerial Order may specify the qualifications or experience necessary for appointment to any position or class or grade of position. (5) A person who is not a member of the teaching service may apply to a Merit Protection Board for a review of the Secretary's decision if the Secretary has refused to employ the person in the teaching service on the grounds that he or she does not possess the qualifications or experience required by a Ministerial Order necessary for employment to an on-going position in the teaching service. 2.4.8 Employment to be on probation (1) A person may be employed in a position in the teaching service on probation in accordance with a Ministerial Order. (2) A person employed in the teaching service on probation remains a probationer until his or her employment is confirmed or annulled in accordance with the Ministerial Order. (3) The Secretary may annul the employment of a person at any time while he or she is a probationer. 2.4.9 Term of employment (1) A person may be employed as an employee in the teaching service in an on-going position or in a fixed term position for a specified term not exceeding 5 years. (2) An employee employed in a fixed term position ceases to be employed at the end of the term unless the person becomes an on-going employee without a position in accordance with section 2.4.42 or is employed in another position. 2.4.10 Reclassification of a position (1) If an on-going position in the teaching service is reclassified— (a) the position becomes vacant; and (b) the holder of the position immediately before the reclassification becomes an on-going employee without a position. (2) Subsection (1) does not apply if— (a) the Minister certifies that there is no other position having the same classification and designation as the position to be reclassified; or (b) the reclassification is certified by the Minister to be a result of a general reclassification of on-going positions of that class. 2.4.11 Progression of salary or wages (1) If a Ministerial Order makes provision for the progression of salary or wages for an employee the Secretary may grant to the employee the salary or wages progression. (2) An employee who feels aggrieved by the failure or refusal of the Secretary to grant a salary or wages progression may appeal as prescribed against that failure or refusal to a Merit Protection Board. (3) A Merit Protection Board may grant or refuse to grant the employee the salary or wages progression. Division 3—The Principal Class 2.4.12 Definitions (1) In this Division— ***approved*** means approved or authorised by or in accordance with a Ministerial Order either generally or in relation to any member of the Principal Class or class of member of the Principal Class; ***contract of employment*** means a contract of employment under this Division between a member of the Principal Class and the Secretary; ***employment benefit*** means— (a) contributions payable by the Crown to a superannuation scheme or fund established by or under an Act or approved for the purposes of this definition in respect of a member of the Principal Class including any liability of the Crown to make any such contributions or to pay approved costs associated with that scheme or fund; or (b) the entitlement of a member of the Principal Class to approved leave with pay; or (c) any other approved benefit of a private nature provided to a member of the Principal Class at the cost of the Crown; ***monetary remuneration*** includes allowances paid in money but does not include— (a) travelling or subsistence allowances; or (b) allowances in relation to relocation expenses; or (c) any other allowances in relation to expenses incurred in the discharge of the duties of a member of the Principal Class; ***remuneration package*** means the remuneration package for a member of the Principal Class or a class of member of the Principal Class determined in accordance with a Ministerial Order. (2) In this Division, a reference to the remuneration package for a member of the Principal Class is a reference to— (a) the amount set out in the contract of employment; or (b) in any other case, the minimum amount within the range of remuneration packages. 2.4.13 Classification of positions in the Principal Class There is established within the teaching service a Principal Class consisting of members of the teaching service who hold positions which have been declared by Ministerial Order to be positions in the Principal Class. 2.4.14 Contract of employment (1) Subject to this Act, the employment of a member of the Principal Class must be governed by a contract of employment between the member and the Secretary. (2) The contract must be in writing and be signed by or on behalf of the Secretary and by the member. (3) A contract of employment must specify the date on which it expires which must not be more than 5 years after the date on which it came into force. (4) Subject to this Act, a member of the Principal Class— (a) holds a position in the Principal Class while a contract of employment to which he or she is a party remains in force for that position; and (b) continues to hold that position if a subsequent contract of employment is entered into for that office by him or her and the Secretary. (5) A contract of employment may be varied at any time by a further contract between the parties. (6) The term of the contract may not be increased beyond 5 years. (7) A contract of employment may not vary or exclude a provision of the **Public Administration Act 2004** or this Part except sections 2.4.24 to 2.4.27. 2.4.15 Matters regulated by a contract of employment (1) A contract of employment between a member of the Principal Class and the Secretary may contain provisions concerning some or all of the terms and conditions of employment including— (a) the duties of the member's position (including performance criteria for the purpose of reviews of the member's performance); (b) accountability requirements, including specifying any person to whom the member is responsible in respect of specified matters; (c) the monetary remuneration and employment benefits for the member (including the nomination of the amount of the remuneration package, if a range of amounts has been specified by Ministerial Order for the remuneration package); (d) the date on which it expires; (e) payment of any performance-related incentive allowance; (f) hours of duty; (g) transfer to any other on-going position in the teaching service including a position of a lesser class or grade if the member's contract of employment is terminated; (h) termination of the contract upon notice by the member; (i) the procedures to be followed to prevent or settle claims, disputes or grievances that arise during the currency of the contract. (2) A contract of employment may provide for any matter to be determined— (a) by further agreement between the parties; or (b) by further agreement between the member and some other person specified in the contract; or (c) by the Minister or some other person or body specified in the contract. 2.4.16 Monetary remuneration and employment benefits (1) A member of the Principal Class is entitled to monetary remuneration at the rate and to the employment benefits of the kinds provided in his or her contract of employment. (2) The total amount of— (a) the annual rate of monetary remuneration; and (b) the annual cost to the Crown of employment benefits— for a member of the Principal Class under his or her contract of employment must be equal to the amount of the remuneration package for that member. (3) The cost of an employment benefit is the approved amount or an amount calculated in the approved manner. (4) This section does not affect— (a) any performance related incentive payment made to a member of the Principal Class in accordance with his or her contract of employment; or (b) any remuneration or benefits to which a member of the Principal Class is entitled by law in addition to those arising under the contract of employment. (5) During any period when the monetary remuneration and employment benefits for a member of the Principal Class cannot be determined under subsection (1), the member is entitled to monetary remuneration at the rate of the amount of remuneration package for the member, subject to any subsequent adjustment of payments in accordance with the contract of employment of the member. (6) If the remuneration package for a member of the Principal Class is varied, the member is entitled to monetary remuneration and employment benefits in accordance with the contract of employment of the member, pending any necessary variation of the contract and subsequent adjustment of payments in accordance with the contract as varied. 2.4.17 Travelling and subsistence allowances etc. A member of the Principal Class is entitled to be paid— (a) any travelling or subsistence allowances; and (b) any allowances in relation to relocation expenses; and (c) any other allowances in relation to expenses incurred in the discharge of his or her duties— in accordance with a Ministerial Order. 2.4.18 Performance review of a member of the Principal Class (1) The Secretary may review the performance of a member of the Principal Class. (2) The review must— (a) be conducted in accordance with the principles (if any) determined under subsection (3); and (b) have regard to any performance criteria contained in the member's contract of employment. (3) The Secretary may determine principles to govern the conduct of any review under this section. (4) The Secretary must ensure that any principles determined under subsection (3) are published. (5) Nothing in this section prevents an inquiry into a member's performance being conducted at any time if required for the purposes of Division 8 or 10. 2.4.19 Termination of a contract of employment (1) A contract of employment may be terminated— (a) in accordance with the terms of the contract; or (b) if the member's position is abolished or the member is dismissed or removed from the position or the member's employment is terminated or the member is reduced to a lower division, class, subdivision or grade or the member retires or resigns or has his or her services dispensed with in accordance with this Act or the **Public Administration Act 2004**; or (c) if the member ceases to be a member of the teaching service; or (d) in the absence of anything to the contrary in the contract, by either party to the contract giving 12 weeks notice of termination to the other party. (2) If a contract of employment of a member of the Principal Class expires or is terminated and the member does not enter into a further contract of employment, the member ceases to hold the position as a member of the Principal Class on the expiry or termination of the contract and becomes an on-going employee of the teaching service without a position unless the member is no longer a member of the teaching service or the Secretary makes a direction under subsection (4). (3) If a member becomes an on-going employee under subsection (2)— S. 2.4.19(3)(a) amended by No. 70/2008 s. 7(a). (a) the Secretary may direct the employee to carry out any of the duties of a position in the Principal Class or may transfer the employee to any other position in the teaching service (including a position with terms and conditions of employment less favourable to the employee) that the Secretary considers appropriate; or (b) if the employee's contract of employment makes provision about transfer to an on‑going position in the teaching service upon becoming an on-going employee without a position, the Secretary must act in accordance with that provision— and the terms and conditions of employment applicable to that position apply to the employee. S. 2.4.19(4) amended by No. 70/2008 s. 7(b). (4) If the contract of employment of a member of the Principal Class is terminated or expires, the Secretary may direct the member to carry out any of the duties of a position in the Principal Class without the member entering into a subsequent contract of employment for any period determined by the Secretary not exceeding 12 months. (5) If no contract has been entered into at the end of that period the member becomes an on-going employee without a position and subsection (3) applies to that member. (6) If a direction is given under subsection (4), the member is entitled to receive the remuneration package that applied to the member's former position for the period determined by the Secretary under subsection (4). (7) A person is not entitled to any compensation for termination of a contract of employment under subsection (1). (8) A person who becomes an on-going employee under subsection (2) or (4) is not entitled to any compensation for ceasing to hold a position as a member of the Principal Class. 2.4.20 Vacancy of Principal Class position (1) The position of a member of the Principal Class becomes vacant if— (a) the employment to that position expires or is terminated or the member's contract of employment expires or is terminated, without a subsequent contract having been entered into for that position; or (b) the member is removed from that position or is dismissed from the teaching service or has his or her services dispensed with under this Act or the **Public Administration Act 2004**; or (c) the member retires or resigns in writing addressed to the Secretary. (2) This section does not affect any other provision by or under which a member of the Principal Class vacates his or her position. 2.4.21 Contracts prevail in certain circumstances If a member of the Principal Class enters into a contract of employment, the contract prevails to the extent of any inconsistency between— (a) the contract and sections 2.4.24 to 2.4.27; (b) the contract and any Ministerial Order except a Ministerial Order specifying remuneration packages. 2.4.22 Certain legal proceedings excluded (1) Proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief do not lie in respect of the employment of, or failure to employ, a person to a position in the Principal Class, the entitlement or non-entitlement of a person to be so employed or the validity or invalidity of any such employment. (2) This section does not prevent a person applying to a court for review of a decision relating to the employment of a member of the Principal Class other than in relation to a matter referred to in subsection (1). 2.4.23 Division 5 of Part 3 of Public Administration Act 2004 not to apply Nothing in Division 5 of Part 3 of the **Public Administration Act 2004** applies to a position in the Principal Class declared under this Act or to a member of the Principal Class. Pt 2.4 Div. 3A (Heading and ss 2.4.23A–2.4.23I) inserted by No. 70/2008 s. 8. Division 3A—The Executive Class S. 2.4.23A inserted by No. 70/2008 s. 8. 2.4.23A Definitions In this Division ***contract of employment*** means a contract of employment under this Division between a member of the Executive Class and the Secretary. S. 2.4.23B inserted by No. 70/2008 s. 8. 2.4.23B Classification of positions in the Executive Class There is established within the teaching service an Executive Class consisting of members of the teaching service who hold positions which have been declared by Ministerial Order to be positions in the Executive Class. S. 2.4.23C inserted by No. 70/2008 s. 8. 2.4.23C Contract of employment (1) Subject to this Act, the employment of a member of the Executive Class must be governed by a contract of employment between the member and the Secretary. (2) The contract must be in writing and be signed by or on behalf of the Secretary and by the member. (3) A contract of employment must specify the date on which it expires which must not be more than 5 years after the date on which it came into force. (4) Subject to this Act, a member of the Executive Class— (a) holds a position in the Executive Class while a contract of employment to which he or she is a party remains in force for that position; and (b) continues to hold that position if a subsequent contract of employment is entered into for that position by him or her and the Secretary. (5) A contract of employment may be varied at any time by a further contract between the parties. (6) The term of the contract may not be increased beyond 5 years. S. 2.4.23D inserted by No. 70/2008 s. 8. 2.4.23D Matters regulated by a contract of employment A contract of employment between a member of the Executive Class and the Secretary may contain provisions concerning some or all of the terms and conditions of employment. S. 2.4.23E inserted by No. 70/2008 s. 8. 2.4.23E Travelling and subsistence allowances etc. A member of the Executive Class is entitled to be paid— (a) any travelling or subsistence allowances; and (b) any allowances in relation to relocation expenses; and (c) any other allowances in relation to expenses incurred in the discharge of his or her duties— in accordance with a Ministerial Order. S. 2.4.23F inserted by No. 70/2008 s. 8. 2.4.23F Termination of a contract of employment (1) A contract of employment of a member of the Executive Class may be terminated— (a) in accordance with the terms of the contract; or (b) if the member's position is abolished or the member is dismissed or removed from the position or the member's employment is terminated or the member is reduced to a lower division, class, subdivision or grade or the member retires or resigns or has his or her services dispensed with in accordance with this Act or the **Public Administration Act 2004**; or (c) if the member ceases to be a member of the teaching service; or (d) in the absence of anything to the contrary in the contract, by either party to the contract giving 12 weeks notice of termination to the other party. (2) If a contract of employment of a member of the Executive Class expires or is terminated and the member does not enter into a further contract of employment, the member ceases to hold the position as a member of the Executive Class on the expiry or termination of the contract. (3) If a member of the Executive Class is an on-going employee, the Secretary may direct the employee to carry out any of the duties of a position in the Executive Class or may transfer the employee to any other position in the teaching service (including a position with terms and conditions of employment less favourable to the employee) that the Secretary considers appropriate and the terms and conditions of employment applicable to that position apply to the employee. (4) A person is not entitled to any compensation for termination of a contract of employment under subsection (1). S. 2.4.23G inserted by No. 70/2008 s. 8. 2.4.23G Vacancy of Executive Class position (1) The position of a member of the Executive Class becomes vacant if— (a) the employment to that position expires or is terminated or the member's contract of employment expires or is terminated, without a subsequent contract having been entered into for that position; or (b) the member is removed from that position or is dismissed from the teaching service or has his or her services dispensed with under this Act or the **Public Administration Act 2004**; or (c) the member retires or resigns in writing addressed to the Secretary. (2) This section does not affect any other provision by or under which a member of the Executive Class vacates his or her position. S. 2.4.23H inserted by No. 70/2008 s. 8. 2.4.23H Contracts prevail in certain circumstances If a member of the Executive Class enters into a contract of employment, the contract prevails to the extent of any inconsistency between— (a) the contract and sections 2.4.24 to 2.4.27; (b) the contract and any Ministerial Order except a Ministerial Order specifying remuneration packages. S. 2.4.23I inserted by No. 70/2008 s. 8. 2.4.23I Division 5 of Part 3 of Public Administration Act 2004 not to apply Nothing in Division 5 of Part 3 of the **Public Administration Act 2004** applies to a position in the Executive Class declared under this Act or to a member of the Executive Class. Division 4—Leave and other entitlements 2.4.24 Leave of absence and pay in lieu (1) An employee is entitled in accordance with a Ministerial Order to leave of absence authorised by Ministerial Order. (2) The legal personal representative of an employee who dies is entitled to be paid any salary, wages or other emolument in accordance with a Ministerial Order in respect of any period of leave the deceased employee had become entitled to before death. 2.4.25 Long service leave (1) An employee in the teaching service who has served for 10 years is entitled in accordance with a Ministerial Order to be granted 3 months' long service leave with pay in respect of that period of 10 years' service and 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 in the teaching service is entitled to a period of long service leave with pay, the Secretary may, at the request of the employee, 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 deemed 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; (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 teaching service 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 may, by notice in writing to the Secretary, elect to take pay in lieu of the whole or any part of the leave to which he or she 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 2.4.26 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 teaching service is deemed to be an on-going employee in the teaching service. (9) A person may be deemed to be an employee in the teaching service under subsection (8) despite that by virtue of any enactment (whether passed before or after this subsection becomes law) he or she, 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, a 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 shall 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 deemed to be terminated— (a) on account of age, if on or after attaining the age of 55 years he or she ceases to be an employee; (b) on account of ill-health, if he or she produces to the Secretary satisfactory evidence that ceasing to be an employee is due to ill-health that is likely to be permanent. 2.4.26 Payment instead of long service leave (1) Despite anything in section 2.4.25 if— (a) an on-going employee with service amounting to not less than 10 years resigns or is dismissed or has his or her services dispensed with; or (b) a temporary employee with service amounting to not less than 10 years resigns or for any reason other than age or ill-health has his or her 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 a Ministerial Order. (2) If a 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 shall 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. 2.4.27 Work of a higher or lower class or grade (1) An employee must not be assigned to act in a position of a class or grade higher than that which he or she holds for a period longer than 3 months unless the Secretary has consented to the assignment for a longer period. S. 2.4.27(2) amended by No. 2/2025 s. 5. (2) If an employee is assigned in accordance with subsection (1) for a period longer than 5 days the Secretary must grant to the employee an appropriate allowance as determined in accordance with a Ministerial Order in respect of the assignment. (3) If an employee is performing work in a lower class or grade than that corresponding to the employee's classification the Secretary must transfer the employee as soon as practicable to some other position corresponding with his or her classification. 2.4.28 Gratuity The Secretary may certify that an employee in the teaching service is entitled in accordance with a Ministerial Order to a gratuity in respect of definite special work performed by that employee. 2.4.29 Rent charged to employees If an employee is allowed to use for the purpose of residence any building belonging to the State, the Secretary may deduct a fair and reasonable rent that is fixed by Ministerial Order from the salary or wages of the employee. 2.4.30 Restriction on employees doing other work (1) Except with the express 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) 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. (3) Permission given to an employee under this section may be withdrawn by notice in writing given to the employee by the Secretary. (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 S. 2.4.30(4)(b) amended by No. 20/2012 s. 226(Sch. 5 item 12). (b) becoming a member of an incorporated association within the meaning of the **Associations Incorporation Reform Act 2012**. 2.4.31 Saving of rights of persons holding Government office (1) Subsection (2) applies to a person who ceases to hold an office of a type specified by Ministerial Order if that person— (a) was immediately before his or her employment to that office, an employee; and (b) has continuously held an office of a type specified by Ministerial Order since the person ceased to be an employee. S. 2.4.31(2) amended by No. 45/2009 s. 5(1). (2) A person referred to in subsection (1) who satisfies the criteria set out in subsection (2A), is entitled to be re-employed by the Secretary to an on-going position in the teaching service with a classification and emoluments corresponding with or higher than those the person enjoyed in the position in the teaching service which he or she last held as if that service in the office or offices has been service in the teaching service. S. 2.4.31(2A) inserted by No. 45/2009 s. 5(2). (2A) For the purposes of subsection (2), the criteria for a person to be entitled to be re‑employed are as follows— (a) if the person was employed as a teacher immediately before the person's employment to an office of a type specified by Ministerial Order, the person satisfies the eligibility criteria set out in the Ministerial Order referred to in section 2.4.7(1); (b) if the person was not employed as a teacher immediately before the person's employment to an office of a type specified by Ministerial Order, the person satisfies the criteria set out in a Ministerial Order made under section 5.10.4 for or with respect to a matter referred to in item 8 of Schedule 6; S. 2.4.31 (2A)(c) substituted by No. 31/2018 s. 33(5), amended by No. 34/2020 s. 215. (c) the person has not, 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; (d) if the person is to be re-employed as a teacher, the person is registered under Part 2.6. (3) Nothing in this or any other Act regulating or restricting the employment of persons to positions in the teaching service applies to employment by the Secretary under this section. S. 2.4.31(4) inserted by No. 45/2009 s. 5(3). (4) A person may apply to a Merit Protection Board for a review of a decision by the Secretary to refuse to re-employ the person to an on-going position in the teaching service if— (a) the person is not a member of the teaching service; and (b) the grounds for the refusal are that the person does not possess the qualifications or experience required by a Ministerial Order necessary for re-employment to an on-going position in the teaching service. 2.4.32 Retirement through ill-health—long service leave (1) The Secretary may, on application under subsection (2), direct that, for the purposes of section 2.4.25, an on-going employee who ceases to be an on-going employee on account of ill‑health shall be deemed to have retired on account of ill-health. (2) An on-going employee may apply for a direction under subsection (1) by producing to the Secretary satisfactory evidence that the on-going employee ceasing to be an on-going employee is due to ill‑health which is likely to be permanent. 2.4.33 Retirement An employee who has attained the age of 55 years is entitled to retire from the teaching service. 2.4.34 Absence from duty (1) An on-going employee who is absent from duty for a period of 3 months (including school holidays) otherwise than on leave granted under this or any other Act ceases to be an employee in the teaching service. (2) If a person ceases to be an employee under subsection (1), he or she may at any time after ceasing to be an employee apply in writing to the Secretary to be reinstated. (3) If the Secretary directs in writing that the person be reinstated, he or she is to be treated as not having ceased to be an employee. 2.4.35 Fines to be stopped from salary The Secretary on receiving notice of any pecuniary penalty imposed under the authority of this Act must deduct the amount from the salary of the employee incurring the penalty or from any payment made by the Secretary on account of salary to the employee incurring the penalty. 2.4.36 No claim for compensation An employee is not entitled to any compensation as a result of— (a) the termination of his or her employment; or (b) his or her salary being reduced— in accordance with this Act or a Ministerial Order. Division 5—Transfers between teaching service and public service S. 2.4.37 amended by No. 6/2014 s. 15. 2.4.37 Transfer etc. from teaching service to public service For the purposes of a transfer or promotion to employment within the public service, an employee in the teaching service is to be treated as being an employee in the public service having the designation corresponding to employment in the public service as the Victorian Public Sector Commission determines to be appropriate to his or her duties. 2.4.38 Transfer etc. from public service to teaching service For the purposes of a transfer or promotion to a position within the teaching service an employee in the public service is to be treated as being an employee in the teaching service having the designation corresponding to that of the position in the teaching service that the Secretary determines to be appropriate to his or her duties. 2.4.39 Rights in the public service preserved If an employee who immediately before his or her employment under this Act, was an employee in the public service, is employed in a position in the teaching service, the rights under the **Public Administration Act 2004** which the employee preserves or retains are by this section declared to be rights in respect of— (a) leave on the ground of illness; and (b) long service leave or pay in lieu of leave (including pay to dependants on the death of the employee)— to which from time to time he or she would be entitled if he or she had remained an employee in the public service and had not been employed in the teaching service under this Act. 2.4.40 Rights under this Act preserved If an employee who immediately before his or her employment in the public service was an employee in the teaching service, is employed in the public service, the rights under this Act which the employee preserves or retains are by this section declared to be rights in respect of— (a) leave on the ground of illness; and (b) long service leave or pay in lieu of leave (including pay to dependants on the death of the employee)— to which from time to time he or she would be entitled if he or she had remained an employee of the teaching service and had not been employed in the public service. Division 6—Transfers and promotions within the teaching service 2.4.41 Transfer or promotion of an on-going employee (1) If an on-going employee is transferred or promoted to a position which is about to become vacant, the transfer or promotion does not take effect unless the position becomes vacant by the date specified in the notice of the transfer or provisional promotion. (2) If the Secretary selects an on-going employee for promotion to a vacant position the employee is entitled to decline the promotion if he or she satisfies the Secretary that there are special circumstances which make it reasonable for the employee to decline the promotion. (3) If the Secretary refuses an on-going employee permission to decline a promotion the employee may appeal to the Merit Protection Board. (4) A transfer or promotion under this Division is provisional and must be notified at least once and is subject to appeal or review as provided in this Division or Division 7 and does not have effect pending confirmation of the transfer or promotion. (5) The Secretary may cancel a provisional promotion at any time before it has been confirmed if the Secretary is of the opinion that— (a) the position is redundant; or (b) the vacancy was not notified at least once; or (c) there is an employee without a position available to fill the vacancy. (6) Despite anything in this Act, the Secretary may at any time cancel a promotion or transfer if satisfied that the person promoted or transferred does not possess the qualifications necessary for the position. (7) If the Secretary has cancelled a promotion or transfer under subsection (6) the person concerned may in accordance with the regulations appeal to a Merit Protection Board. (8) The Merit Protection Board must hear and determine the appeal and may allow or dismiss the appeal. (9) The Secretary must give effect to a determination of the Merit Protection Board. 2.4.42 Term of employment (1) A person may be employed on an on-going basis and an on-going employee may be transferred or promoted under this Part to a position for a specified term not exceeding 5 years. (2) A term of employment under this section may be renewed for successive terms not exceeding 5 years each. (3) At the end of the term of employment under this section, the employee becomes an employee without a position unless the employment is renewed under subsection (2) or the employee is employed in another position. S. 2.4.43 substituted by No. 70/2008 s. 9. 2.4.43 Employment of members of the Principal Class or the Executive Class Employment by transfer or promotion to a position in the Principal Class or the Executive Class must be made under a contract of employment under Division 3 or Division 3A respectively. Division 7—Appeals 2.4.44 Merit Protection Boards (1) There are established one or more Boards to be known as Merit Protection Boards. (2) The functions of the Boards are— (a) to advise the Minister about principles of merit and equity to be applied in the teaching service; S. 2.4.44(2)(b) amended by No. 27/2010 s. 5. (b) to hear reviews and appeals in relation to decisions made under this Act (except Division 9A and 10) or any other Act; (c) to advise the Minister or the Secretary about any matter referred to them by the Minister or the Secretary relating to merit and equity in the teaching service; (d) to hear reviews and appeals in relation to any decision prescribed by the regulations or Ministerial Order to be a decision in respect of which there is a right of review by or appeal to a Merit Protection Board; (e) to hear reviews and appeals in relation to any decision of the Secretary if the Secretary has delegated his or her function or power to hear reviews and appeals to a Merit Protection Board. S. 2.4.45 amended by No. 58/2007 s. 6, substituted by No. 27/2010 s. 6. 2.4.45 Membership of Boards (1) A Merit Protection Board consists of 3 members of whom— (a) one is to be the chairperson who is to be selected by the senior chairperson from the pool of persons referred to in section 2.4.45A(1)(a); and (b) one is to be selected by the senior chairperson from the pool of persons referred to in section 2.4.45A(1)(b); and (c) one is to be selected by the senior chairperson from the pool of persons referred to in section 2.4.45A(1)(c). (2) In this section, ***senior chairperson*** means the person appointed under section 2.4.45A(2). S. 2.4.45A inserted by No. 27/2010 s. 6. 2.4.45A Pool of appointed persons (1) The Governor in Council may appoint to a pool— (a) persons who have been nominated by the Minister to be chairpersons of Merit Protection Boards; and (b) persons who have been nominated by the Secretary; and (c) persons who are employees in the teaching service who have been nominated by the Minister after calling for expressions of interest from all employees in the teaching service. (2) The Governor in Council must appoint a person referred to in subsection (1)(a) to be the senior chairperson of the Merit Protection Boards. S. 2.4.45B inserted by No. 27/2010 s. 6. 2.4.45B Terms and conditions of appointment of pool members (1) A member of the pool appointed under section 2.4.45A holds office for the period, not exceeding 3 years, specified in the instrument of appointment and is eligible for re-appointment. S. 2.4.45B(2) amended by No. 7/2024 s. 6. (2) A member other than a public servant, a person employed in the government ELC workforce or an employee is entitled to the remuneration and allowances (if any) fixed in respect of him or her from time to time by the Minister. (3) A member is appointed subject to any terms and conditions that are specified in the instrument of appointment and that are not inconsistent with this Act. S. 2.4.46 substituted by No. 27/2010 s. 6. 2.4.46 Resignation and removal from office of pool members S. 2.4.46(1) amended by No. 2/2025 s. 6. (1) A member of the pool appointed under section 2.4.45A 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 of the pool from office. S. 2.4.47 repealed by No. 27/2010 s. 7, new s. 2.4.47 inserted by No. 14/2013 s. 4. 2.4.47 Acting senior chairperson (1) The Minister may appoint a member of the pool appointed under section 2.4.45A to act in the place of the senior chairperson appointed under section 2.4.45A(2) who is absent or for any other reason is unable to perform the duties of office. (2) Subject to this section, a person appointed under subsection (1)— (a) has all the powers and may perform all the functions and duties of the senior chairperson; and (b) is entitled to the remuneration and allowances (if any) to which the senior chairperson would have been entitled for performing those duties; and (c) is subject to the same terms and conditions of appointment as the senior chairperson. (3) A person appointed under subsection (1) may not sit as a member of a Merit Protection Board in place of the senior chairperson at a hearing of a review or an appeal which had commenced but had not concluded before the absence or inability of the senior chairperson commenced. S. 2.4.48 amended by No. 27/2010 s. 8. 2.4.48 Allocation of work amongst the Boards The senior chairperson appointed under section 2.4.45A is to determine— (a) the allocation of business to the Boards; and (b) which Board is to hear a review or appeal. 2.4.49 Oath of office Before first serving as a member of a Merit Protection Board, a member must take an oath or make an affirmation to the effect that the member will discharge the duties of office according to law and to the best of the member's knowledge and ability. S. 2.4.49A inserted by No. 27/2010 s. 9. 2.4.49A Member unable to perform duties (a) the hearing of a review or an appeal before a Merit Protection Board has commenced but not concluded; and (b) a member of the Board is absent or for any other reason is unable to perform the duties of office— the remaining members of the Board may continue to hear and determine the appeal in the absence of that member. (2) The decision of the remaining members in relation to the review or appeal must be unanimous. 2.4.50 Decisions of Board (1) A decision of the majority of members of a Merit Protection Board in relation to an appeal or review is to be treated as the decision of the Board. (2) A Merit Protection Board must not refuse to hear an appellant or applicant except by a unanimous decision. 2.4.51 Reviews S. 2.4.51(1) amended by Nos 70/2008 s. 10, 37/2015 s. 7. (1) An on-going employee who considers that in accordance with this Division or any Ministerial Order that he or she has a better claim to be transferred or promoted to a vacant position in the teaching service (other than a position of principal) than the employee provisionally transferred or promoted to that position may, subject to and in accordance with the regulations, apply for a review of that provisional transfer or promotion. (2) Subject to any Ministerial Order, the only grounds of review are that the procedures followed by the person or body in making a recommendation to the Secretary in relation to whom to appoint to fill the vacant position were not in accordance with the procedures decided by the Minister. (3) A Merit Protection Board must review the provisional transfer or promotion and may— (a) if it is satisfied that the grounds for review have been established, make an order requiring the person or body which made the recommendation to the Secretary to reconsider the provisional transfer or promotion; or (4) If, after an order under subsection (3)(a) has been complied with, the Secretary makes the same decision as to whom to appoint to the vacant position, a Merit Protection Board must further review the provisional transfer or promotion and may— (a) if it is satisfied that the same or similar grounds for review continue to apply in respect of the provisional transfer or promotion, make an order requiring that the vacant position be advertised again; or 2.4.52 Determination of Board (1) A Merit Protection Board must, subject to and in accordance with the regulations, inquire into and determine the claims of an applicant under section 2.4.51 or 2.4.54 and those of the employee provisionally transferred or promoted. (2) If a Merit Protection Board makes an order that a provisional transfer or promotion may be confirmed the Secretary must confirm the provisional transfer or promotion. (3) If no application for review is lodged within 14 days after the publication of the provisional appointment the Secretary must confirm the provisional transfer or promotion. (4) An employee is not entitled to apply for a review of any provisional transfer or promotion to a position if he or she is not qualified for the position. (5) An employee is not entitled to apply for a review in respect of any provisional transfer or promotion to a position if— (a) in the case where notice of the vacancy was given, he or she did not apply to be transferred or promoted to the vacant position; or (b) he or she did not lodge a notice of application for review in the prescribed manner or within the time specified in subsection (3)— unless a Merit Protection Board determines that the failure should be excused in respect of that employee. 2.4.53 Review of Secretary's decision not to appoint (1) If a Merit Protection Board receives an application under section 2.4.7(5), it must subject to and in accordance with the regulations inquire into and determine the claim of the applicant. (2) If the Board is satisfied that the grounds for review are established, it may make an order requiring the Secretary to reconsider the decision not to appoint the applicant. S. 2.4.53A inserted by No. 45/2009 s. 6. 2.4.53A Review of Secretary's decision not to re-employ (1) If a Merit Protection Board receives an application under section 2.4.31(4), it must subject to and in accordance with the regulations inquire into and determine the claim of the applicant. (2) If the Board is satisfied that the grounds for review are established, it may make an order requiring the Secretary to reconsider the decision not to re-employ the applicant to an on-going position in the teaching service. 2.4.54 Review of appointment of principal (1) An on-going employee who— (a) is eligible for appointment as a principal in a school; and S. 2.4.54(1)(b) amended by No. 70/2008 s. 11. (b) considers that in accordance with this section or any Ministerial Order he or she has a better claim to be transferred or promoted to a vacant position of principal in a school (other than as an executive) than the employee provisionally transferred or promoted to that position— may subject to and in accordance with the regulations apply to a Merit Protection Board for a review of that provisional transfer or promotion. (2) Subject to any Ministerial Order, the only grounds for review of a provisional transfer or promotion are— (a) that the procedures followed by the school council or committee representing the local community (as the case may be) in making a recommendation in relation to whom to employ to fill the vacant position or the manner in which the Secretary took that recommendation into account were not in accordance with the procedures or manner in a Ministerial Order referred to in section 2.4.6; or (b) that the provisional transfer or promotion is manifestly inconsistent with the evidence of the nature of the vacant position or the school in which the vacancy occurs or of the qualifications and experience of the applicant and the employee provisionally transferred or promoted. (3) A Merit Protection Board must review the provisional transfer or promotion and may— (a) if it is satisfied that the grounds for review have been established, make an order requiring the Secretary and if applicable the school council or committee (as the case may be) to reconsider the provisional transfer or promotion; or (4) If, after an order under subsection (3)(a) has been complied with, the Secretary makes the same decision as to whom to employ to the vacant position, a Merit Protection Board must further review the provisional transfer or promotion and may— (a) if it is satisfied that the same or similar grounds for review continue to apply in respect of the provisional transfer or promotion, make an order requiring the vacant office to be advertised again; or 2.4.55 Relevant criteria Subject to this Act and any Ministerial Order and regulations, in determining any appeal regard shall be had to relevant criteria in relation to the employees. Division 8—Termination due to incapacity 2.4.56 Termination due to physical or mental incapacity (1) If the Secretary is satisfied, on an inquiry under this section, that an employee is incapable of performing his or her duties on account of physical or mental incapacity, the Secretary may terminate the employment of the employee. (2) For the purposes of section 2.4.25, an employee whose employment is terminated under subsection (1) is deemed to have retired on account of ill‑health. (3) The Secretary must establish procedures for the investigation and determination of an inquiry under this section. (4) The Secretary may— (a) nominate a person; or (b) constitute a Board of Review— to investigate and report to the Secretary in connection with an inquiry under this section. (5) If it is alleged that an employee is incapable of performing his or her duties by reason of physical or mental incapacity, the Secretary or a person nominated under subsection (4)(a) or a Board of Review constituted under subsection (4)(b) must give to the employee— (a) notice in writing of the matters to be considered by the Secretary; and (b) an opportunity to provide to the Secretary, nominated person or Board of Review, as the case may be, a response in writing to those matters. (6) The Secretary must give to an employee who is the subject of an inquiry under this section notice in writing that the employee may make a submission in writing to the Secretary addressing one or more of the following matters— (a) the grounds on which the employee is alleged to be incapable of performing his or her duties on account of physical or mental incapacity; (b) whether termination of employment should occur. (7) A submission under subsection (6) must be received by the Secretary not later than 14 days after the date on which the officer or employee is given notice in writing of the right to make a submission or any longer period permitted by the Secretary. (8) The Secretary must consider any submission made in accordance with this section before determining the issue to which the submission, or that part of the submission, relates. (9) The Secretary may make a determination under this section without holding an oral hearing. (10) The Secretary may hold an oral hearing or take the evidence orally, or permit cross-examination, of all or any witnesses if the Secretary considers it appropriate to do so, having regard to— (a) the seriousness of the allegation against the employee; (b) any reasons submitted by the employee in support of a request for an oral hearing; (c) whether the Secretary considers that an oral hearing would assist in evaluating the information submitted on the inquiry; (d) any other matter that the Secretary considers relevant. (11) The Secretary must, by notice in writing, advise the employee of— (a) the determination of the Secretary on the inquiry; and (b) if the Secretary takes action under subsection (1), the right to appeal to a Merit Protection Board. 2.4.57 Appeal to Merit Protection Board (1) If the Secretary makes a determination under section 2.4.56(1) that an employee is incapable of performing his or her duties on account of physical or mental incapacity, the employee may appeal to a Merit Protection Board against the determination. S. 2.4.57(2) amended by No. 14/2013 s. 5. (2) A notice of appeal must be lodged with the senior chairperson of the Merit Protection Boards appointed under section 2.4.45A(2) within 14 days after the date on which the employee is given notice in writing of the determination of the Secretary. (3) A notice of appeal must— (b) be in the prescribed form. (4) A Merit Protection Board may permit an appeal to be instituted out of time if it considers that special circumstances exist. (5) The Merit Protection Board must hear and determine the appeal and may— (a) allow the appeal and order that the employee be re-instated in the teaching service; or (b) dismiss the appeal. (6) An employee who is re-instated in the teaching service must be treated as having had continuous service in the teaching service. (7) Any period during which the employee was not performing the duties of his or her office due to having his or her employment terminated must be treated as leave without pay. Division 9—Dismissal and suspension S. 2.4.58 amended by Nos 31/2018 s. 33(6), 34/2020 s. 216. 2.4.58 Dismissal of disqualified and unregistered teachers If an employee 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, the Secretary must dismiss the employee from the teaching service. 2.4.59 Suspension and dismissal of unregistered teachers (1) This section only applies to employees in the teaching service who are required to be registered as a teacher under Part 2.6. (2) If an employee in the teaching service is refused registration under Part 2.6 or has had his or her registration suspended or cancelled under that Part, the Secretary may suspend the employee without pay from duty in the teaching service 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 or removed from the teaching service. (4) Without limiting the Secretary's powers under Division 2, the Secretary may dismiss or terminate the employment of a temporary employee if the person has been refused registration under Part 2.6 or has had his or her registration suspended or cancelled under that Part. (5) If an employee— (a) is refused registration under Part 2.6 or has had his or her 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 virtue of this subsection, at the end of that period of 12 months. (6) For the purposes of subsection (5)(b), any period during which a person remains unregistered does not include any period during which the person is on leave approved by the Secretary. (7) The Secretary must notify in writing a person whose employment has ceased under subsection (5). Pt 2.4 Div. 9A (Heading and ss 2.4.59A–2.4.59H) inserted by No. 70/2008 s. 12. Division 9A—Unsatisfactory performance S. 2.4.59A inserted by No. 70/2008 s. 12. 2.4.59A Definitions ***determination*** means a determination under section 2.4.59F; ***procedures*** means the procedures established by the Secretary under section 2.4.59B; ***report*** means a report prepared under the procedures; ***unsatisfactory performance***, in relation to an employee, means the repeated failure of the employee to discharge his or her duties in the manner expected of the employee at his or her level in his or her position as evidenced by one or more of the following— (a) the negligent, inefficient or incompetent discharge by the employee of his or her duties; (b) the failure by the employee— (i) to exercise care and diligence in performing his or her duties; or (ii) to perform any of his or her duties; (c) the employee engaging in unsatisfactory conduct that impacts on the discharge of his or her duties including, without reasonable excuse— (i) contravening or failing to comply with a lawful direction given to the employee by a person with authority to give the direction; or (ii) being absent from his or her duties without permission. S. 2.4.59B inserted by No. 70/2008 s. 12. 2.4.59B Secretary to establish procedures for the purposes of this Division (1) The Secretary must establish procedures for— (a) the improvement and management of alleged unsatisfactory performance by employees; and (b) making determinations in respect of the unsatisfactory performance of employees and other related decisions under this Division. (2) The procedures must provide that a report may be prepared on any alleged unsatisfactory performance of an employee and for the report to be submitted to the Secretary for consideration under this Division. (3) The procedures established by the Secretary must comply with the principles of natural justice and must include or provide for— (a) the right of an employee to be informed of the nature of any alleged unsatisfactory performance in a report; and (b) the right of an employee to be heard in respect of his or her alleged unsatisfactory performance; and (c) the right of an employee to be treated fairly; and (d) fairness and good faith in decision making. S. 2.4.59C inserted by No. 70/2008 s. 12. 2.4.59C Defects in procedures will not invalidate determinations An inadvertent failure to comply with the procedures does not of itself affect any determination or action of the Secretary under this Division, unless that failure has resulted in an unfair or unjust determination. S. 2.4.59D inserted by No. 70/2008 s. 12. 2.4.59D Secretary's options on receiving a report (1) The Secretary must consider any report received under the procedures and may make any of the following decisions— (a) to defer a determination in respect of the employee until the Secretary receives a further report in relation to the employee; (b) to make a determination in respect of the employee; (c) to investigate any or all of the matters in the report under Division 10; (d) to proceed no further with any of the matters in the report. (2) If the Secretary decides to investigate any or all of the matters in a report under Division 10, the Secretary must not proceed further under this Division in relation to any of those matters investigated under Division 10. S. 2.4.59E inserted by No. 70/2008 s. 12. 2.4.59E Notice to employee relating to determination (1) Before making a determination the Secretary must give a notice to the employee in writing— (a) advising the employee of the allegation of unsatisfactory performance; and (b) advising the employee of the actions that may be taken by the Secretary under this Division; and (c) advising the employee that he or she may make a submission in writing addressing the matters in the report and the actions that may be taken by the Secretary; and (d) which is accompanied by a copy of the report and any further report. (2) A submission by an employee relating to a report must be received by the Secretary no later than 14 days after the employee is given notice under this section or any longer period permitted by the Secretary. S. 2.4.59F inserted by No. 70/2008 s. 12. 2.4.59F Determination of Secretary (1) After giving notice under section 2.4.59E, the Secretary may make a determination as to whether or not there has been unsatisfactory performance by an employee. (2) In making a determination, the Secretary must— (a) take into account any report or further report received under section 2.4.59D; and (b) take into account any submission by the employee made in accordance with section 2.4.59E; and (c) comply with the procedures. (3) If the Secretary determines that there has been unsatisfactory performance by an employee, the Secretary may take any of the following actions against the employee— (a) a reprimand; (b) a reduction in the employee's classification; (c) termination of the employee's employment. S. 2.4.59G inserted by No. 70/2008 s. 12. 2.4.59G Notice of determination The Secretary must give notice in writing to an employee— (a) advising the employee of a determination made in respect of that employee including any action that the Secretary has taken against the employee; and (b) if the Secretary has taken any such action against the employee, advising the employee of his or her right of appeal to a Disciplinary Appeals Board. S. 2.4.59H inserted by No. 70/2008 s. 12. 2.4.59H Conduct dealt with under this Division cannot form basis for Division 10 action (1) Any conduct of an employee dealt with by a determination must not form a ground for any action that may be taken by the Secretary under Division 10. (2) Nothing in this section prevents the Secretary from taking an action under Division 10 based on conduct that is related or connected to the conduct dealt with by a determination, but which was not expressly stated or referred to in the report specifying the conduct dealt with under the determination. Pt 2.4 Div. 10 (Heading) amended by No. 70/2008 s. 13. Division 10—Misconduct 2.4.60 Grounds for action S. 2.4.60(1) amended by No. 42/2016 s. 14(1). (1) The Secretary, after investigation, may take action under this Division against an employee who— (a) conducts himself or herself in a disgraceful, improper or unbecoming manner in an official capacity or otherwise; or (b) commits an act of misconduct; or (c) during his or her period of service is convicted or found guilty of a criminal offence punishable by imprisonment or a fine; or S. 2.4.60(1)(d) amended by No. 70/2008 s. 14. (d) is negligent or incompetent in the discharge of his or her duties; or (e) contravenes a provision of this Act or a Ministerial Order made for the purposes of this Chapter; or (f) contravenes a requirement by or under any Act that corporal punishment not be administered to any Government school student; or (g) without reasonable excuse, contravenes or fails to comply with a lawful direction given to the employee by a person with authority to give the direction; or (h) without permission and without reasonable excuse, is absent from his or her duties; or (i) is unfit on account of character or conduct to discharge his or her duties. (2) In considering the fitness of an employee to discharge his or her duties, consideration may be given to any relevant matters including his or her character and any conduct in which he or she has engaged (whether before or after becoming an employee). 2.4.61 Action against employee S. 2.4.61(1) amended by No. 42/2016 s. 14(1). (1) If the Secretary is satisfied on an inquiry under this Division that there are one or more grounds under this Division for taking action against an employee, the Secretary may take one or more of the following actions against the employee— (a) a reprimand; (b) a fine not exceeding 50 penalty units; (c) a reduction in classification; (d) termination of employment. (2) The Secretary, by notice in writing, must advise the employee of— (a) the determination of the Secretary on the inquiry; and (b) if the Secretary takes action under subsection (1), the right to appeal to a Disciplinary Appeals Board. S. 2.4.61A inserted by No. 42/2016 s. 5. 2.4.61A Secretary may terminate employee for serious misconduct (1) The Secretary may terminate the employment of an employee if the Secretary reasonably believes that the employee has engaged in serious misconduct. (2) Sections 2.4.60, 2.4.61 and 2.4.66 do not apply in relation to a termination under subsection (1). (3) If the Secretary terminates the employment of an employee under this section, the Secretary, by notice in writing, must advise the employee of— (a) the determination of the Secretary to terminate the employment of the employee; and (b) the right to appeal to a Disciplinary Appeals Board against that determination. If the Secretary terminates the employment of an employee after holding an inquiry under section 2.4.61(1) the notice provision in section 2.4.61(2) will apply. 2.4.62 Procedures for investigation and determination of allegations The Secretary must establish procedures for the investigation and determination of an inquiry under this Division. S. 2.4.63 (Heading) amended by No. 68/2009 s. 97(Sch. item 48.2). S. 2.4.63 amended by Nos 68/2009 s. 97(Sch. item 48.3), 42/2016 s. 6. 2.4.63 Setting aside etc. of conviction or finding of guilt If the Secretary takes action against an employee under section 2.4.61 or 2.4.61A on the ground referred to in section 2.4.60(1)(c) and the conviction or finding of guilt is subsequently quashed or set aside or the employee receives a pardon or the conviction or finding is otherwise nullified— (a) the action taken by the Secretary must be set aside; and (b) the employee must be re-instated in the teaching service at the same classification as the employee held before the Secretary took action; and (c) the employee must be treated as having had continuous service in the teaching service; and (d) any period during which the employee was not performing the duties of his or her position due to having been dismissed must be treated as leave without pay. 2.4.64 Suspension from duty (a) the Secretary reasonably believes that there may be grounds under this Division for taking action against an employee; or (b) an employee is charged with a criminal offence punishable by imprisonment or a fine— the Secretary may suspend the employee from duty, with or without pay, by giving notice in writing to the employee. (2) A suspension under subsection (1) continues, at the discretion of the Secretary, until the Secretary has made a determination whether or not to take action under this Division against the employee. (3) If the Secretary takes action against an employee who then appeals to a Disciplinary Appeals Board or a court or tribunal, the Secretary may suspend the employee from duty, with or without pay, until the final determination of the appeal. (4) Before deciding whether to suspend an employee from duty without pay, the Secretary must give the employee an opportunity to make a submission in writing to the Secretary addressing whether suspension without pay should occur. (5) An employee who is suspended from duty without pay may engage in other employment if the employee first seeks the permission of the Secretary to do so. (6) If an employee is suspended from duty under this Part and the employment of the employee is subsequently terminated, then unless the Secretary determines otherwise, the employee forfeits all salary or wages except any salary or wages due in respect of a period before the suspension. (7) If grounds for action against an employee are not established, whether on appeal or otherwise, the Secretary must— (a) immediately remove any suspension imposed in respect of those grounds; and (b) ensure that the employee is paid any salary or wages due in respect of the period of suspension, together with any allowances that the Secretary thinks fit. (8) The Secretary must not pay any allowances under subsection (7)(b) unless the employee has applied to the Secretary for the payment of those allowances. 2.4.65 Investigation (1) The Secretary may nominate a person to investigate and report to the Secretary in connection with an inquiry under this Division. (2) The Secretary or nominated investigator must give to an employee against whom it is alleged there are grounds under this Division for action— (a) notice in writing of the alleged grounds; and (b) written particulars of the alleged grounds; and (c) an opportunity to provide to the Secretary or investigator, as the case may be, a response in writing to the alleged grounds. (3) The Secretary may request the nominated investigator to conduct further investigation and provide a further report to the Secretary at any time during an inquiry under this Division. 2.4.66 Employee may make submissions (1) The Secretary must give to an employee against whom it is alleged there are grounds for action notice in writing that the employee may make a submission in writing to the Secretary addressing one or more of the following matters— (a) the alleged grounds; (b) any action that may be taken by the Secretary under this Division. (2) A submission under subsection (1) must be received by the Secretary not later than 14 days after the date on which the employee is given notice in writing of the right to make a submission or any longer period permitted by the Secretary. (3) The Secretary must consider any submission made in accordance with this section before determining the issue to which the submission, or that part of the submission, relates. 2.4.67 Secretary need not hold oral hearing (1) The Secretary may determine, without holding an oral hearing— (a) whether there are grounds under this Division for taking action in respect of an employee; and (b) if the Secretary decides that there are grounds for taking action, the action, if any, under this Division to be taken against the employee. (2) The Secretary may hold an oral hearing or take the evidence orally, or permit cross-examination, of all or any witnesses if the Secretary considers it appropriate, having regard to— (a) the seriousness of the allegation against the employee; (b) any reasons submitted by the employee in support of a request for an oral hearing; (c) whether the Secretary considers that an oral hearing would assist in evaluating the information in support of the allegations; (d) any other matter that the Secretary considers relevant. Pt 2.4 Div. 10A (Heading) inserted by No. 70/2008 s. 15. Division 10A—Appeals against determinations under Divisions 9A and 10 2.4.68 Appeal S. 2.4.68(1) amended by No. 70/2008 s. 16. (1) An employee may appeal to a Disciplinary Appeals Board against a determination of the Secretary to take action against the employee under Division 9A or 10. (2) A notice of appeal must be lodged with the senior chairperson of the Disciplinary Appeals Boards within 14 days after the date on which the employee is given notice in writing of the determination of the Secretary. (3) A notice of appeal must— (b) be in the prescribed form. (4) A Disciplinary Appeals Board may permit an appeal to be instituted out of time if it considers that special circumstances exist. (5) An appeal must be conducted as a re-hearing. (6) A Disciplinary Appeals Board must hear and determine the appeal and may— (a) allow the appeal in whole or in part and vary the decision of the Secretary; or (b) dismiss the appeal. S. 2.4.69 substituted by No. 70/2008 s. 17. 2.4.69 Reinstatement and payments after allowance of appeal against termination (1) If an appeal is allowed in respect of an employee whose employment in the teaching service has been terminated, the Disciplinary Appeals Board may— (a) order that the employee be re-instated in the teaching service; and (b) order that an employee who is re-instated under this section be paid an amount that the Board considers appropriate in the circumstances to compensate for any loss of salary as a result of the termination; and (c) in the case of an employee who is not re‑instated in the teaching service, order that the employee be paid an amount not exceeding the greater of— (i) the remuneration received by the employee during the period of 6 months immediately before the termination; or (ii) the remuneration to which the employee was entitled for the period of 6 months immediately before the termination. (2) In deciding an amount that is appropriate under subsection (1)(b), the Board may have regard to any relevant circumstances including whether the employee had obtained other employment before being re-instated. (3) An amount paid under subsection (1)(b) must not exceed the amount of remuneration that the employee would have been entitled to receive if he or she had not been terminated. (4) An employee who is re-instated in the teaching service must be treated as having had continuous service in the teaching service. (5) In the case of an employee who is re-instated in the teaching service, any period during which the employee was not performing the duties of his or her position due to having his or her employment terminated must be treated as leave without pay unless an order is made under subsection (1)(b) to compensate for the loss of salary during that period. 2.4.70 Address for service If the current address of an employee is unknown, the Secretary must ensure that all notices, orders or communications relating to procedures under this Division are sent to the last known address of the employee. Division 11—Disciplinary Appeals Boards 2.4.71 Senior chairperson S. 2.4.71 def. of *senior chairperson* amended by No. 14/2013 s. 6. ***senior chairperson*** means the senior chairperson of the Merit Protection Boards appointed under section 2.4.45A(2). 2.4.72 Establishment of Disciplinary Appeals Boards (1) There are established one or more Boards to be known as Disciplinary Appeals Boards. S. 2.4.72(2) amended by Nos 27/2010 s. 10, 42/2016 s. 7. (2) The function of the Boards is to hear and determine appeals in relation to decisions of the Secretary made under section 2.4.59F, 2.4.61 or 2.4.61A. 2.4.73 Membership of Boards (1) A Disciplinary Appeals Board consists of 3 members of whom— (a) one shall be the chairperson and shall be selected by the senior chairperson from the pool of persons referred to in subsection (2)(a); and (b) one shall be selected by the senior chairperson from the pool of persons referred to in subsection (2)(b); and (c) one shall be selected by the senior chairperson from the pool of persons referred to in subsection (2)(c). (2) The Governor in Council may appoint to a pool— S. 2.4.73(2)(a) substituted by No. 17/2014 s. 160(Sch. 2 item 34.1). (a) persons who are Australian lawyers of at least 5 years standing and have been nominated by the Secretary; (b) persons who are on-going employees in the teaching service and have been nominated by the Minister after calling for expressions of interest; (c) persons who have knowledge of or experience in education, education administration or public sector administration and have been nominated by the Secretary. 2.4.74 Terms and conditions of appointment of members (1) A member of a pool referred to in section 2.4.73 holds office for the period, not exceeding 5 years, specified in his or her instrument of appointment and is eligible for re-appointment. S. 2.4.74(2) amended by No. 7/2024 s. 7. (2) A member of a Disciplinary Appeals Board, other than a public servant, a person employed in the government ELC workforce or an employee is entitled to the remuneration and allowances (if any) fixed in respect of the member from time to time by the Minister. S. 2.4.74(3) substituted by No. 80/2006 s. 26(Sch. item 30.1). (3) The **Public Administration Act 2004** (other than Part 3 of that Act) applies to a member of a pool or a member of a Disciplinary Appeals Board in respect of the office of member. 2.4.75 Resignation and removal from office S. 2.4.75(1) amended by No. 2/2025 s. 7. (1) A member of a pool referred to in section 2.4.73 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 of a pool from office. 2.4.76 Allocation of work The senior chairperson is to determine— (a) the allocation of business to the Disciplinary Appeals Boards; and (b) which Board is to hear an appeal. 2.4.77 Oath of office Before first serving as a member of a Disciplinary Appeals Board, a member must take an oath or make an affirmation to the effect that the member will discharge the duties of office according to law and to the best of the member's knowledge and ability. 2.4.78 Member unable to perform duties (a) the hearing of an appeal before a Disciplinary Appeals Board has commenced but not concluded; and (b) a member of the Board is absent or for any other reason is unable to perform the duties of office— the remaining members of the Board may continue to hear and determine the appeal in the absence of that member. (2) The decision of the remaining members in relation to the appeal must be unanimous. 2.4.79 Decisions of Board (1) A decision of the majority of members of a Disciplinary Appeals Board in relation to an appeal is to be treated as the decision of the Board. (2) A Disciplinary Appeals Board must not refuse to hear an appellant except by a unanimous decision. 2.4.80 Conduct of proceedings (1) A Disciplinary Appeals Board may allow an employee to appear before the Board personally or by a legal or other representative. (2) All proceedings before a Disciplinary Appeals Board— (a) must be conducted without regard to legal formalities; and (b) must be directed by the best evidence available, whether or not it is the best evidence that the law in other cases admits, requires or demands. Division 12—General 2.4.81 Medical examination (1) For the purpose of ascertaining the fitness of an employee— (a) to perform his or her 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). 2.4.82 Immunity (1) A member of a Merit Protection Board or a Disciplinary Appeals Board 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 Board, attaches instead to the Crown. 2.4.83 Publication requirements If there is a requirement under this Part to advertise or publish a notice or other matter, that requirement is to be construed, in the absence of a contrary intention, as a requirement to advertise or publish the notice or other matter generally throughout Government schools and offices of the Department in Victoria. Part 2.5—Victorian Curriculum and Assessment Authority 2.5.1 Definitions ***Authority*** means the Victorian Curriculum and Assessment Authority continued in operation by this Part; ***chairperson*** means chairperson of the Authority; ***contravention***, in relation to a rule, includes a failure to comply with the rule; S. 2.5.1 def. of *course* amended by No. 45/2021 s. 13. ***course*** means— (a) a course normally undertaken in, or designed to be undertaken in a school in the years from the preparatory year to year 12 including a course leading to the issue of the VCE, VCAL or the VPC; or (b) a program of study or training leading to the award or issue of a particular qualification; or (c) a subject or other part of a program of study or training leading to the award or issue of a particular qualification; or (d) any other study or training notified by the Minister in the Government Gazette and generally through schools to be a course for the purposes of this Act; ***curriculum*** means the course design including content, support materials and other learning resources in accordance with course accreditation; S. 2.5.1 def. of *early childhood* inserted by No. 19/2014 s. 41. ***early childhood*** means the period of childhood up to 6 years of age; ***member*** means member of the Authority and includes the chairperson; ***qualification*** means the recognition, by the award or issue of a certificate or otherwise, that a student has achieved specified learning outcomes or competencies through the completion of a course; ***review committee*** means a committee referred to in Division 3. Division 2—Victorian Curriculum and Assessment Authority 2.5.2 Establishment of Authority (1) The Victorian Curriculum and Assessment Authority established under the **Victorian Curriculum and Assessment Authority Act** **2000** continues in operation under and subject to this Act. (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. 2.5.3 Functions of Authority (1) The Authority is responsible for— (a) developing high quality courses and curriculum and assessment products and services; (b) carrying out functions as a body registered under Chapter 4; (c) providing linkages that will facilitate movement between those courses and other courses. (2) The functions of the Authority are to— (a) develop policies, criteria and standards for curriculum, assessments and courses for school students, including courses leading to registered qualifications; S. 2.5.3(2)(ab) inserted by No. 19/2008 s. 5(1). (ab) develop policies, criteria and standards for learning, development and assessments, which relate to early childhood; (b) develop, evaluate and approve— (i) courses normally undertaken in, or designed to be undertaken in the school years 11 and 12 which are accredited by the Victorian Registration and Qualifications Authority under Chapter 4 or which could be accredited under that Chapter and assessment procedures for those courses; and (ii) courses for students at other school years; S. 2.5.3(2)(c) amended by No. 45/2021 s. 14. (c) oversee the delivery of, and conduct assessments for, the VCE, VCAL, the VPC and any other qualification available to a student in a school except a qualification in vocational education and training, further education or higher education that is a registered qualification; (d) conduct assessments of students in years 11 and 12 undertaking accredited courses; (e) arrange with schools and other persons, bodies or agencies providing accredited courses to conduct, on behalf of the Authority, school-based assessments of students in those courses; (f) approve the establishment of examination centres for the conduct of examinations in accredited courses and to withdraw approval of examination centres; (g) set rules for the conduct of assessments, including examinations, referred to in paragraphs (d) and (e); (h) develop and maintain standards for measuring and reporting on student performance; (i) conduct assessments against those standards for measuring and reporting on student performance; S. 2.5.3(2)(ia) inserted by No. 19/2008 s. 5(2). (ia) conduct assessments against national standards for measuring and reporting on student performance; S. 2.5.3(2)(ib) inserted by No. 19/2008 s. 5(2). (ib) develop and maintain standards for measuring and reporting on early childhood learning and development; S. 2.5.3(2)(ic) inserted by No. 19/2008 s. 5(2). (ic) arrange for other persons, bodies or agencies to conduct assessments against the standards for measuring and reporting on early childhood learning and development; (j) do any of the following by arrangement with other persons, bodies or agencies— (i) design, develop and evaluate a curriculum or course (whether leading to a registered qualification or not) and an assessment or assessment method for the course or any other course (whether leading to a registered qualification or not); (ii) oversee the delivery of the course and conduct assessments of students undertaking the course; (iii) design, develop and evaluate curriculum and assessment products and services; (k) conduct investigations and hearings in accordance with Division 3 and, if necessary, amend or cancel assessments in accordance with that Division; (l) monitor— (i) patterns of participation by school students in courses; and (ii) the quality of outcomes of courses for school students; (m) advise the Victorian Registration and Qualifications Authority about patterns of participation and quality of outcomes referred to in paragraph (l) relating to courses in schools normally undertaken in years 11 to 12 including VET in Schools courses and the qualifications relating to those courses; (n) give advice or make recommendations to the Minister about any educational policy or strategy relating to its objective or functions; (o) prepare and maintain records of student assessment and, on request, provide a copy of a student's record to the student or a person authorised by the student to receive it; S. 2.5.3(2)(p) substituted by No. 19/2008 s. 5(3). (p) make available to the general public information collected by the Authority on— (i) results of schooling as measured by assessments of student performance; and (ii) early childhood learning and development; and (iii) other statistical information relating to the Authority's functions; (q) commission or conduct research on matters related to its functions; (r) provide professional development activities related to its functions; (s) provide information services about its practices and functions; S. 2.5.3(2)(t) amended by No. 19/2008 s. 5(4). (t) report on student performance as measured by assessments conducted against standards (including national standards) to the Minister, the Secretary and relevant bodies; S. 2.5.3(2)(ta) inserted by No. 19/2008 s. 5(5). (ta) with the approval of the Minister, report on student performance as measured by assessments conducted against national standards to a body or person approved by the Minister; S. 2.5.3(2)(tab) inserted by No. 14/2013 s. 7. (tab) receive information about, and investigate or coordinate the investigation of, alleged breaches of national protocols or guidelines published from time to time pursuant to an Act of the Commonwealth for the conduct of assessments against national standards for measuring and reporting on student performance; S. 2.5.3(2)(tac) inserted by No. 14/2013 s. 7. (tac) report on the outcome of investigations referred to in paragraph (tab) to a person or body approved by the Minister; S. 2.5.3(2)(tb) inserted by No. 19/2008 s. 5(5). (tb) report on the results of assessments relating to early childhood learning and development to the Minister, the Secretary and relevant bodies; (u) any other function conferred on or delegated to the Authority under this or any other Act. (3) The Authority may issue a qualification relating to— (a) a course undertaken by a school student in any year up to and including year 10; (b) an accredited course owned by the Authority. (4) The Authority may recognise the completion of an accredited course or part of an accredited course or the award or issue of a registered qualification by the issue of a written statement or otherwise. S. 2.5.3(5) inserted by No. 19/2008 s. 5(6). (5) Any information made available to the general public by the Authority in carrying out its function under subsection (2)(p) must not include any personal information relating to any individual student or child. 2.5.4 Cancellation or alteration of statements (1) The Authority may cancel or alter a statement provided under section 2.5.3(4) recognising the completion of an accredited course or part of an accredited course by a student or the award or issue of a registered qualification to a student if the Authority alters the records of the student's assessment and the alterations affect the recognition by the Authority of the completion of that accredited course or part of that accredited course by the student or the award or issue of a registered qualification to the student. (2) The Authority may issue a new statement or document in respect of a student referred to in subsection (1) recognising the completion of an accredited course or part of an accredited course by a student or the award or issue of a registered qualification to a student on the basis of the records of the student's assessment that have been altered by the Authority. 2.5.5 Powers of Authority (1) For the purpose of performing its functions, the Authority may— (a) enter into contracts, agreements or arrangements; (b) charge fees (not exceeding any amount fixed for the purpose by an Order made by the Governor in Council and published in the Government Gazette) for services provided by it; (c) publish and sell any information acquired by it; (d) apply for, obtain and hold, whether on its own behalf or jointly with any other person, any intellectual property rights; (e) enter into agreements or arrangements for the commercial exploitation of the rights referred to in paragraph (d), whether by assignment, licensing or otherwise; (f) exercise its powers in Victoria and elsewhere; (g) do any other thing that is necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions including any function delegated to it. S. 2.5.5(1A) inserted by No. 9/2021 s. 3. (1A) The Authority may employ staff for a fixed period or on a casual or sessional basis— (a) for the purposes of developing and conducting assessments under section 2.5.3(2)(a), (b), (c) and (d); and (b) for any purpose specified in a Ministerial Order. S. 2.5.5(1B) inserted by No. 9/2021 s. 3. (1B) For the purposes of subsection (1A), sections 5.10.4 and 5.10.5 and clause 8 of Schedule 6 apply to and in relation to the determination of salaries and allowances to be paid to and to the terms and conditions of employment of staff employed by the Authority as if those employees were employees of the teaching service. (2) The Authority may require schools and other persons, bodies or agencies providing accredited courses— (a) to submit to the Authority school-based assessments of students in those courses; (b) to provide to all students undertaking accredited courses— (i) the Authority's rules for the conduct of assessments; and (ii) any other information specified by the Authority. S. 2.5.5(3) substituted by No. 45/2021 s. 3. (3) The Authority may license or permit a registered school or other body to provide— (a) an accredited course owned by the Authority or in which the Authority has a proprietary interest; or (b) a component of an accredited course owned by the Authority or in which the Authority has a proprietary interest. (4) This section does not limit any other power given to the Authority by any other provision of this Act or any other Act. 2.5.6 Membership of Authority (1) The Authority consists of not less than 8 and not more than 15 members of whom— (a) one must be the Secretary to the Department or the person nominated from time to time by the Secretary; (b) the remaining members must be appointed by the Governor in Council on the nomination of the Minister. (2) The Governor in Council must appoint as chairperson of the Authority, the member of the Authority nominated by the Minister to be chairperson of the Authority. (3) The Minister must have regard to a person's experience relevant to the functions of the Authority in nominating persons for appointment under subsection (1)(b). (4) The members hold office on a part-time basis. S. 2.5.6(5) amended by No. 2/2025 s. 8. (5) A member 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. 2.5.7 Establishment of committees (1) The Authority must establish a committee to be known as the executive committee. (2) The executive committee consists of the chairperson of the Authority, the Chief Executive Officer of the Authority and 3 other members nominated by the Minister. S. 2.5.7(3) substituted by No. 58/2007 s. 7(1). (3) The Authority may, to facilitate its functioning, establish any other committee and appoint members to it including any person who is not a member of the Authority. (4) A committee or committees established to hear matters under Division 3, to be known as a review committee, must each consist of— (a) a member of the Authority who is to be chairperson of the committee; and S. 2.5.7(4)(b) substituted by No. 58/2007 s. 7(2). (b) 2 other persons, who need not be members of the Authority. (5) A committee may exercise any power delegated to the members of the committee by the Authority. S. 2.5.7(6) repealed by No. 58/2007 s. 7(3). S. 2.5.7(7) amended by No. 58/2007 s. 7(4). (7) A person appointed to a committee, other than a person referred to in subsection (8), is entitled to be paid— (a) any remuneration that is fixed from time to time by the Governor in Council; and (b) allowances for travelling and personal expenses at the rates and on the conditions applicable to employees of the public service. S. 2.5.7(8) amended by No. 7/2024 s. 8. (8) Subsection (7) does not apply to a person 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 and whose travelling and personal expenses are met through that office or position. 2.5.8 Schedule 2 2.5.9 Delegation of Authority's power The Authority may, by instrument under its common seal, delegate to the members of a committee established under section 2.5.7, a member of the Authority, the chief executive officer, or to any other person employed in the Department in the administration or execution of this Act any power of the Authority, other than this power of delegation. 2.5.10 Victorian Curriculum and Assessment Authority Fund (1) The Authority must continue to maintain the Fund known as the Victorian Curriculum and Assessment 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 fees or other money received by the Authority. (3) There must be paid out of the Fund any payment that is authorised by the Authority to be made out of the Fund for or towards the costs and expenses of the exercise of powers or performance of functions by the Authority. Division 3—Assessments and assessment reviews 2.5.11 Special provision in assessments (1) The Authority may— (a) make, approve or grant special arrangements for students with special educational needs in consequence of chronic illness, impairment or personal circumstances for the conduct of assessments and examinations referred to in section 2.5.3(2)(d) and (e) including the modification of the requirements and rules for the conduct of assessments and examinations as and to the extent that the Authority considers appropriate; (b) make, approve or grant special provision (including applying an alternative basis of assessment) for students unable because of illness, trauma, misadventure, impairment, personal circumstances or other serious cause to undertake an assessment or examination including treating the student as having undertaken the examination or other form of assessment, as and to the extent the Authority considers appropriate; (c) make, approve or grant special provision (including applying an alternative basis of assessment) for students affected by examination or assessment irregularities which occur at or about examination or assessment centres or in respect of assessments or examinations which materially interrupt or are likely to adversely affect a student's performance at an assessment or examination or the proper assessment of that performance and which are outside the student's control, as and to the extent the Authority considers appropriate. (2) In exercising functions and powers under subsection (1) the Authority may— (a) conclude that a student undertaking an accredited course was seriously affected by illness, trauma, misadventure, personal circumstances or other serious cause (including examination or assessment irregularities) from undertaking an assessment or examination or was seriously affected in the student's performance in that assessment or examination; and (b) determine that the student is to be treated, for the purposes of this Act, as having obtained in the examination or other form of assessment a standard or result determined by the Authority. (3) In determining a standard or result for the purposes of subsection (2)(a) or (b), the Authority may have regard to any evidence that is available to it relating to the student's participation in the accredited course of study to which the examination or other form of assessment related. (4) For the purposes of this section, the Authority may require a student to— (a) apply to the Authority within the time and in the manner required by the Authority; and (b) provide any evidence or information requested by the Authority to consider the application. 2.5.12 Authority may investigate certain matters (1) The Authority may conduct an investigation into— (a) a suspected contravention of the examination rules of the Authority; or (b) an allegation that a student's assessment by the Authority was obtained by fraudulent, illegal or unfair means. (2) In conducting an investigation under subsection (1), the Authority may nominate a person on its behalf to interview any student enrolled in an accredited course. (3) A person nominated to interview a student must give notice of the interview to the student not less than 24 hours before the interview. (4) Notice of an interview— (a) need not be in writing; and (b) may nominate a time and place for the interview; and (c) must give particulars of the matter under investigation. (5) In addition to any other matter discussed at the interview, the student must be informed of possible further action by the Authority and possible consequences to the student. (6) The person who conducts an interview must submit a written report of the interview to the chief executive officer of the Authority as soon as practicable after the interview. S. 2.5.13 (Heading) substituted by No. 19/2008 s. 6(1). 2.5.13 Decision on report S. 2.5.13(1) substituted by No. 19/2008 s. 6(2). (1) The chief executive officer of the Authority, after considering a report submitted in accordance with section 2.5.12(6), may— (a) if the report relates to a student's suspected contravention of the examination rules of the Authority, which the chief executive officer considers to be of a minor nature, issue a written reprimand to the student; or (b) make a request to the Authority that a review committee conduct a hearing into the matter under investigation. S. 2.5.13(1A) inserted by No. 19/2008 s. 6(2). (1A) If the chief executive officer of the Authority issues a written reprimand under subsection (1)(a), the chief executive officer must also provide in writing to the student his or her reasons for issuing the reprimand. (2) A person who has participated in the investigation of a matter is not entitled to be a member of the review committee hearing the matter. (3) A student who is required to attend a hearing before a review committee must have been interviewed in accordance with section 2.5.12. 2.5.14 Assessment may be withheld pending decision The Authority may withhold the assessment of a student who is required to attend a hearing before a review committee until the later of— (a) the decision of the review committee and the expiry of the period referred to in section 2.5.21(2); or (b) if the student applies to an appeals committee for review of the decision, notification to the Authority by the appeals committee of its determination of the application. 2.5.15 Notice of hearing The chief executive officer of the Authority must give a student who is required to attend a hearing before a review committee— S. 2.5.15(a) amended by No. 2/2025 s. 9. (a) written notice of the hearing not less than 7 days before the hearing is due to commence; and S. 2.5.15(b) amended by No. 2/2025 s. 9. (b) copies of the information and documents on which the Authority intends to rely at the hearing not less than 5 days before the hearing is due to commence. 2.5.16 Procedure of review committee At a hearing— (a) subject to this Act, the procedure of a review committee is in its discretion; and (b) the proceedings must be conducted with as little formality and technicality as the requirements of this Act and the proper consideration of the matter permit; and (c) a review committee is not bound by rules of evidence but may inform itself in any way it thinks fit; and (d) a review committee is bound by the rules of natural justice. 2.5.17 Cross-examination of witnesses (1) The cross-examination of witnesses in a hearing before a review committee is in the discretion of the review committee. (2) An exercise of the discretion under subsection (1) must be consistent with the rules of natural justice. 2.5.18 Legal representation (1) A student may be represented by a legal practitioner at a hearing before a review committee. (2) A review committee may be assisted by a person nominated by the Authority. (3) A person assisting a review committee under this section— (a) is entitled to be present during the whole of the proceedings; and (b) must ensure that all relevant information is put before the review committee but must not act as prosecutor; and (c) must advise the review committee on any matter on which it seeks to be advised but must not adjudicate on the matter before the review committee. 2.5.19 Decision of review committee If a review committee is satisfied on the balance of probabilities that a student— (a) has contravened the examination rules of the Authority; or (b) has obtained an assessment by the Authority by fraudulent, illegal or unfair means— the review committee may— (c) reprimand the student; or (d) amend or cancel the student's grade for the examination in which the contravention occurred; or (e) both— (i) amend or cancel the student's grade for the examination in which the contravention occurred; and (ii) amend or cancel any or all of the student's assessments in the same study, including cancellation of satisfactory completion of the study; or (f) amend or cancel the student's grades for examinations or other assessments in one or more other studies, including cancellation of satisfactory completion of a study; or (g) cancel all the student's grades for examinations and other assessments conducted by the Authority during the year in which the contravention occurred or the assessment was obtained, including cancellation of satisfactory completion of the course. 2.5.20 Notification of decision (1) A review committee must give its decision— (a) orally at the hearing; and (b) in writing to the student concerned not later than 7 days after the hearing. (2) A review committee must set out in its written decision— (a) the reasons for its decision; and (b) the findings on material questions of fact that led to the decision. (3) A review committee must notify the Authority without delay of its decision. 2.5.21 Student may appeal against school decisions etc. (1) A student at a school may appeal to the Authority against a decision by the school, and any penalty imposed, in respect of a contravention of the assessment rules of the Authority relating to school-based assessments. (2) An appeal under subsection (1) must be made by notice in writing to the chief executive officer of the Authority not later than 14 days after the student receives written notice of the decision from the school. (3) On receipt of a notice of appeal, the chief executive officer of the Authority must nominate an employee of the Secretary to interview the parties to the appeal and attempt to resolve the matter. (4) Not later than 7 days after the interview, the school must, by notice in writing, advise the student and the Authority that in relation to the student— (a) it has rescinded its decision and any penalty imposed; or (b) it has rescinded the penalty imposed; or (c) it has reduced the penalty imposed; or (d) it confirms both the decision and the penalty imposed. (5) If the school rescinds its decision and any penalty imposed in relation to the student, the student's appeal is taken to have been withdrawn. (6) On receipt of a notice under subsection (4)(b), (c) or (d), the Authority must request the student to elect either— (a) to withdraw the appeal; or (b) to confirm that the appeal is to proceed. (7) If a student elects to proceed with an appeal, the chief executive officer of the Authority must refer the appeal to a review committee for hearing and determination. (8) An appeal under this section must be conducted as a re-hearing. (9) Sections 2.5.15, 2.5.16, 2.5.17, 2.5.18 and 2.5.20 apply to the hearing of an appeal under this section and in hearing the appeal the review committee has all the powers that it has in conducting other hearings under this Act. (10) If a review committee is satisfied on the balance of probabilities that the student has contravened the assessment rules of the Authority relating to school-based assessments, the review committee may— (a) reprimand the student; or (b) if practicable, permit the student to re-submit to the school work required for— (i) assessment in the study or the course; or (ii) satisfactory completion of the study or the course; or (c) refuse to accept part of the work and request the school to assess the student on the remainder of the work submitted; or (d) amend the student's school-based assessment. S. 2.5.21A inserted by No. 19/2008 s. 7. 2.5.21A Review of reprimand by nominated appeals committee member (1) A student affected by a decision of the chief executive officer of the Authority under section 2.5.13(1)(a), may apply for review, by the nominated member, of the decision on one or both of the following grounds— (a) the decision to issue the reprimand was unreasonable; (b) the decision to issue the reprimand was too harsh. (2) An application under subsection (1) must be made by notice in writing to the chief executive officer of the Authority not later than 10 days after the day on which the affected student received the reprimand. (3) The chief executive officer of the Authority must refer an application under subsection (1) to the nominated member for determination. (4) A student may make a written submission to the nominated member but is not entitled to be heard in support of the written submission or to appear before the nominated member. (5) The nominated member must review the decision made by the chief executive officer of the Authority having regard to— (a) all the documents before the chief executive officer of the Authority; and (b) the written decision of the chief executive officer of the Authority; and (c) any written submission made by the student. (6) In determining an application for review of a decision made by the chief executive officer of the Authority under section 2.5.13(1)(a), the nominated member may— (a) affirm the decision to issue the reprimand; or (b) set aside the decision to issue the reprimand. (7) The nominated member must notify the Authority without delay of his or her determination of an application for review under this section. (8) The Minister may, by Order published in the Government Gazette, fix rules with respect to the procedure to be followed on applications for review under this section. (9) In this section ***nominated member*** means the member of an appeals committee nominated by the Minister under section 2.5.23(7). 2.5.22 Review by appeals committee (1) A student affected by a decision of a review committee, other than a decision under section 2.5.21, may apply for review of the decision by an appeals committee on one or both of the following grounds— (a) the decision was unreasonable; (b) the penalty imposed was too harsh. (2) An application under subsection (1) must be made by notice in writing to the chief executive officer of the Authority not later than 14 days after the day on which the review committee gave its decision orally at the hearing. (3) The chief executive officer of the Authority must refer an application under subsection (1) to an appeals committee for determination. (4) A student may make a written submission to the appeals committee but is not entitled to be heard in support of the written submission or to appear before the appeals committee. (5) An appeals committee must review a decision made by a review committee having regard to all the documents before the review committee, the written decision of the review committee and any written submission made by the student. (6) In determining an application for review of a decision made by a review committee, an appeals committee may— (a) affirm the decision under review; or (b) vary the decision under review; or (c) set aside the decision under review. (7) An appeals committee must notify the Authority without delay of its determination of an application for review under this section. (8) The Minister may, by Order published in the Government Gazette, fix rules with respect to the procedure to be followed on applications for review under this section. 2.5.23 Appointment of appeals committee (1) An appeals committee consists of 3 members appointed by the Minister to determine applications for review under section 2.5.22. (2) The Minister may appoint more than one appeals committee at any time. (3) A member of an appeals committee must not be a member of the Authority, a member of a committee of the Authority or a person employed for the purposes of this Part. (4) The members of an appeals committee must have between them— (a) knowledge of the assessment programs of the Authority; and (b) knowledge of this Act; and (c) knowledge of the field of secondary education. (5) A member of an appeals committee holds office for the term not exceeding 12 months that is specified in the instrument of appointment, and is eligible for re-appointment. (6) A member of an appeals committee, other than a person who holds a full-time Government office or a full-time position in the public service, teaching service or with a statutory authority and whose travelling and personal expenses are met through that office or position is entitled to be paid any remuneration and allowances that are specified in the instrument of appointment. S. 2.5.23(7) inserted by No. 19/2008 s. 8. (7) The Minister must nominate a member of an appeals committee for the purposes of section 2.5.21A. S. 2.5.23(8) inserted by No. 19/2008 s. 8. (8) The Minister must ensure that there is a member of an appeals committee nominated under subsection (7) at all times. 2.5.24 Notification of alteration of record of student assessment If a student's assessment is amended or cancelled under this Part, the Authority— (a) must give written notice to the student concerned; and (b) may give written notice to any other person to whom a copy of the student's record has previously been provided— that the record of assessment has been so amended or cancelled, as the case requires. Part 2.6—Victorian Institute of Teaching 2.6.1 Definitions S. 2.6.1 def. of *approved early childhood teaching qualification* inserted by No. 19/2014 s. 42(a). ***approved early childhood teaching qualification*** means— (a) a qualification included in the list of approved early childhood teaching qualifications published under the national regulations; or (b) a qualification that the National Authority has determined is equivalent to a qualification referred to in paragraph (a); S. 2.6.1 def. of *Australian Education Union* inserted by No. 9/2016 s. 14. ***Australian Education Union*** means the Australian Education Union Victorian Branch (ABN 44 673 398 674) or any successor in law; S. 2.6.1 def. of *complaint* substituted by No. 10/2021 s. 4(3)(b). ***complaint*** means a complaint under section 2.6.30A; S. 2.6.1 def. of *continuing education program* inserted by No. 10/2021 s. 4(1). ***continuing education program*** means a program, unit or course of study providing for the continuing education of teachers or early childhood teachers; ***Council*** means the Council of the Victorian Institute of Teaching continued in operation by this Part; S. 2.6.1 def. of *early childhood teacher* inserted by No. 19/2014 s. 42(a), amended by No. 9/2021 s. 5. ***early childhood teacher***— (a) includes a preschool teacher and a kindergarten teacher; and (b) does not include an educator (within the meaning of section 5 of the Education and Care Services National Law (Victoria) or within the meaning of section 3 of the **Children's Services Act 1996**) who does not hold an approved early childhood teaching qualification; and (c) does not include a teacher; S. 2.6.1 def. of *equivalent pathway program* inserted by No. 10/2021 s. 4(1). ***equivalent pathway program*** means a program or course of study that offers to provide a pathway to entry into a program or course of study leading to qualifications for entry to teaching as a teacher; S. 2.6.1 def. of *fitness to teach* inserted by No. 27/2010 s. 11, amended by No. 19/2014 s. 42(c). ***fitness to teach***, in relation to a person, means whether the character, reputation and conduct of a person are such that the person should be allowed to teach in a school or in an early childhood service; S. 2.6.1 def. of *health information* inserted by No. 10/2021 s. 4(2). ***health information*** has the same meaning as in section 3(1) of the **Health Records Act 2001**; S. 2.6.1 def. of *hearing panel* inserted by No. 27/2010 s. 11. ***hearing panel*** means— (a) a panel appointed under Division 12 to hold an informal or formal hearing into a registered teacher's competence or fitness to teach or the conduct of the registered teacher; or (b) a medical panel appointed under Division 12 to hold a hearing into a registered teacher's ability to practise as a teacher; S. 2.6.1 def. of *impairment* inserted by No. 27/2010 s. 11. ***impairment***, in relation to a person, means the person has a physical or mental impairment, disability, condition or disorder including substance abuse or dependence; S. 2.6.1 def. of *Independent Education Union* inserted by No. 9/2016 s. 14. ***Independent Education Union*** means the Independent Education Union of Australia, Victoria Tasmania Branch trading as the Victorian Independent Education Union (ABN 34 532 902 687) or any successor in law; S. 2.6.1 def. of *initial teacher education program* inserted by No. 10/2021 s. 4(1). ***initial teacher education program*** means a program or course of study— (a) leading to qualifications for entry to teaching as a teacher; and (b) that is approved by the Institute under Division 2A as an initial teacher education program; S. 2.6.1 def. of *kindergarten funding guidelines* inserted by No. 19/2014 s. 42(b). ***kindergarten funding guidelines*** means the guidelines in relation to kindergarten funding contained in The Kindergarten Guide published on the Department's website; S. 2.6.1 def. of *misconduct* inserted by No. 27/2010 s. 11, amended by No. 19/2014 s. 42(d). ***misconduct***, in relation to a teacher or an early childhood teacher, includes— (a) conduct of the teacher or early childhood teacher occurring in connection with the practice of teaching that is of a lesser standard than a member of the public or members of the teaching profession are entitled to expect from a reasonably proficient teacher; and (b) the contravention of, or failure to comply with a condition imposed on the registration of the teacher or early childhood teacher by or under this Part; and (c) the breach of an agreement made under this Act between the teacher or early childhood teacher and the Institute; S. 2.6.1 def. of *National Authority* inserted by No. 19/2014 s. 42(a). ***National Authority*** has the meaning given in section 5(1) of the Education and Care Services National Law (Victoria); S. 2.6.1 def. of *nominating organisation* inserted by No. 9/2016 s. 14. ***nominating organisation*** means an organisation that may make nominations under section 2.6.6AB(1); S. 2.6.1 def. of *notification* inserted by No. 10/2021 s. 4(3)(a). ***notification***, in Divisions 10, 10A and 11, means a notification under section 2.6.30; S. 2.6.1 def. of *pathway program* inserted by No. 10/2021 s. 4(1). ***pathway program*** means a program or course of study— (a) offering to provide a pathway to entry into an initial teacher education program; and (b) identified or marketed as offering a pathway specified in paragraph (a); and (c) approved by the Institute under Division 2B as a pathway program; S. 2.6.1 def. of *personal information* inserted by No. 10/2021 s. 4(2). ***personal information*** has the same meaning as in section 3 of the **Privacy and Data Protection Act 2014**; S. 2.6.1 def. of *preliminary assessment* inserted by No. 10/2021 s. 4(3)(a). ***preliminary assessment*** means an assessment under section 2.6.31; S. 2.6.1 def. of *Register of Disciplinary Action* inserted by No. 19/2014 s. 16(2). ***Register of Disciplinary Action*** means the Register of Disciplinary Action established under Division 13A; S. 2.6.1 def. of *sensitive information* inserted by No. 10/2021 s. 4(2). ***sensitive information*** has the same meaning as in Schedule 1 to the **Privacy and Data Protection Act 2014**; S. 2.6.1 def. of *suitability to teach* inserted by No. 27/2010 s. 11. ***suitability to teach*** in relation to a person means— (a) whether the person is fit to teach; and (b) whether the person is physically or mentally able to teach; S. 2.6.1 def. of *teacher* amended by No. 14/2013 s. 8. ***teacher***— (a) means a person who, in a school, undertakes duties that include the delivery of an educational program or the assessment of student participation in an educational program; and (b) includes a person employed as the principal or the head of a school whether or not that person undertakes the duties of a teacher if the person has been employed as a teacher in any school, whether the school was within or outside of Australia, prior to being employed as the principal or the head of a school; and (c) does not include a teacher's aide, an assistant teacher or a student teacher; ***Victorian Electoral Commission*** means the Victorian Electoral Commission established under section 6 of the **Electoral Act 2002**. Division 2—Victorian Institute of Teaching 2.6.2 Continuation of existing Institute (1) The Victorian Institute of Teaching established under the **Victorian Institute of Teaching Act 2001** continues in operation under and subjectto this Act. (2) The Institute— (b) has an official seal; (3) The official seal must be kept as directed by the Institute and must only be used as authorised by the Institute. (4) All courts must take judicial notice of the imprint of the official seal on a document and, until the contrary is proved, must presume that the document was properly sealed. 2.6.3 Functions of Institute (1) The functions of the Institute are to— S. 2.6.3(1)(a) amended by No. 27/2010 s. 12(a). (a) recognise and regulate members of the teaching profession; S. 2.6.3(1)(ab) inserted by No. 10/2021 s. 5(1). (ab) subject to subsection (1B), recommend for the approval of the Minister under section 2.6.5 requirements, criteria or standards that a program or course of study must satisfy before the Institute approves the program or course as an initial teacher education program; S. 2.6.3(1)(b) substituted by No. 10/2021 s. 5(1). (b) approve programs or courses of study as initial teacher education programs; S. 2.6.3(1)(ba) inserted by No. 10/2021 s. 5(1). (ba) set requirements, criteria or standards that a program or course of study must satisfy before the Institute approves the program or course as a pathway program; S. 2.6.3(1)(bb) inserted by No. 10/2021 s. 5(1). (bb) approve programs or courses of study as pathway programs; S. 2.6.3(1)(c) amended by Nos 28/2010 s. 5(1), 10/2021 s. 5(2). (c) recommend for the approval of the Minister criteria and standards for the registration and renewal of registration of, or for the recognition of higher levels of professional practice attained by, teachers in schools in Victoria; S. 2.6.3(1)(ca) inserted by No. 19/2014 s. 43(1)(a). (ca) recommend for the approval of the Minister criteria and standards for the registration and renewal of registration of, or for the recognition of higher levels of professional practice attained by, registered early childhood teachers in early childhood services in Victoria; S. 2.6.3(1)(d) substituted by No. 28/2010 s. 5(2). (d) develop, establish and maintain— (i) standards of professional practice for entry into and remaining in the teaching profession; and S. 2.6.3 (1)(d)(ii) amended by No. 19/2014 s. 43(1)(b). (ii) standards for the recognition of higher levels of professional practice attained by teachers and early childhood teachers in Victorian schools and early childhood services; (e) grant registration or permission to teach in Victorian schools; S. 2.6.3(1)(ea) inserted by No. 19/2014 s. 43(1)(c). (ea) grant registration to teach in Victorian early childhood services; (f) issue certificates of registration to those teachers who are registered to, or have permission to, teach in schools in Victoria; S. 2.6.3(1)(fa) inserted by No. 19/2014 s. 43(1)(d). (fa) issue certificates of registration to those early childhood teachers who are registered to teach in Victorian early childhood services; S. 2.6.3(1)(g) substituted by No. 19/2014 s. 43(1)(e). (g) maintain a register of teachers and early childhood teachers who are registered to, or have permission to, teach in schools and early childhood services in Victoria; S. 2.6.3(1)(ga) inserted by No. 19/2014 s. 17. (ga) establish and maintain a Register of Disciplinary Action in relation to registered teachers or former registered teachers; (h) develop, maintain and promote a code of conduct for the teaching profession; S. 2.6.3(1)(i) amended by Nos 27/2010 s. 12(b), 19/2014 s. 43(1)(f). (i) investigate the conduct, competence and fitness to teach of registered teachers and whether a registered teacher's ability to practise as a teacher or an early childhood teacher is seriously detrimentally affected or likely to be seriously detrimentally affected because of an impairment and impose sanctions where appropriate; S. 2.6.3(1)(j) amended by No. 19/2014 s. 43(1)(g). (j) develop and maintain a Professional Learning Framework to support and promote the continuing education and professional development of teachers and early childhood teachers; S. 2.6.3(1)(ja) inserted by No. 10/2021 s. 5(3). (ja) set requirements, criteria or standards that a program, unit or course of study must satisfy before the Institute endorses the program, unit or course of study as a continuing education program; S. 2.6.3(1)(jb) inserted by No. 10/2021 s. 5(3). (jb) endorse programs, units or courses of study as continuing education programs; (k) undertake professional development programs and activities in relation to the functions of the Institute; (l) undertake and promote research about teaching and learning practices; S. 2.6.3(1)(la) inserted by No. 27/2010 s. 12(c). (la) recognise and promote the role and activities of the Institute; S. 2.6.3(1)(m) amended by No. 19/2014 s. 43(1)(h). (m) advise the Minister about any matters concerning teachers and early childhood teachers including the professional development needs of teachers and early childhood teachers; (n) prepare for the approval of the Minister a strategic plan and an annual business plan of the Institute; (o) perform any other function conferred on the Institute by this or any other Act. S. 2.6.3(1A) inserted by No. 31/2018 s. 47. (1A) When performing any regulatory function under subsection (1), the Institute must consider the wellbeing and safety of children, including by taking into account community expectations. S. 2.6.3(1B) inserted by No. 10/2021 s. 5(4). (1B) Before making any recommendations to the Minister under subsection (1)(ab), the Institute must consider any requirements, criteria or standards for programs or courses of study leading to qualifications for entry to teaching as a teacher that have been agreed to with other States, Territories or the Commonwealth, including teacher registration authorities in those States or Territories. S. 2.6.3(1C) inserted by No. 10/2021 s. 5(4). (1C) The Minister must not approve requirements, criteria or standards that a program or course of study must satisfy before the Institute approves the program or course as an initial teacher education program unless those requirements, criteria or standards have been recommended to the Minister by the Institute under subsection (1)(ab). S. 2.6.3(2) amended by Nos 28/2010 s. 5(3), 19/2014 s. 43(2), 10/2021 s. 5(5). (2) The Minister may not approve criteria and standards for the registration or renewal of registration of, or for the recognition of higher levels of professional practice attained by, teachers and early childhood teachers in schools and early childhood services in Victoria unless they have been recommended by the Institute under subsection (1)(c) or (ca). S. 2.6.3(3) inserted by No. 10/2021 s. 5(6). (3) The Institute must perform its functions under subsection (1)(c), (ca), (d), (j), (k) and (l) having regard to raising the quality of teaching. 2.6.4 Powers of Institute (1) For the purpose of performing its functions, the Institute 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. S. 2.6.4(2) amended by No. 42/2016 s. 14(2). (2) Without limiting subsection (1), the Institute may— S. 2.6.4(2)(a) amended by No. 42/2016 s. 14(3). (c) enter into a joint venture with any other person or persons; (d) apply for, obtain and hold, whether on its own behalf or jointly with any other person, any intellectual property rights; (e) assign or grant licences in respect of those intellectual property rights, with or without charge; (f) enter into agreements and arrangements for the commercial exploitation of intellectual property rights; (g) charge fees for services provided by the Institute under this Act. (3) This section does not limit any other power given to the Institute by any other provision of this Act. S. 2.6.5 amended by No. 10/2021 s. 35, substituted by No. 10/2021 s. 6. 2.6.5 Ministerial advice and approvals (1) The Institute must give due regard to any advice given by the Minister in relation to the exercise of its powers and the performance of its functions. See section 5.2.1 for the Minister's power to issue a policy, guideline or direction to the Institute. (2) Subject to section 2.6.3(1C), the Minister may approve requirements, criteria or standards that a program or course of study must satisfy before the Institute approves the program or course as an initial teacher education program. (3) For the purposes of subsection (2), the requirements, criteria or standards that the Minister may approve include— (a) entry standards or minimum requirements for entry into programs or courses of study, including academic and non-academic attributes and demonstrated proficiency in literacy and numeracy; and (b) student selection methods including any pre-entry student ranking and the scope and extent of any adjustments to that ranking; and (c) the extent and scope of credit or advanced standing for prior study, including study completed as part of a pathway program; and (d) requirements that a provider must ensure are met by students before students proceed beyond a particular point of the program or course, including the demonstration of competence in literacy and numeracy. (4) For the purposes of approving requirements, criteria or standards that a program or course of study must satisfy in accordance with this section, the Minister may adopt, apply or incorporate in full or in part any code, rules, specifications or other document of another person or body including any amendments made to that document from time to time. (5) The Institute must publish on the Institute's website any requirements, criteria or standards approved by the Minister in accordance with this section. S. 2.6.6 substituted by No. 27/2010 s. 13. 2.6.6 Council of the Victorian Institute of Teaching (1) The Institute is to be governed by the Council of the Victorian Institute of Teaching established under the **Victorian Institute of Teaching Act 2001** and continued in operation under and subject to this Act. (2) The Council— (a) is responsible for the management of the affairs of the Institute; and (b) may exercise the powers of the Institute. S. 2.6.6(3) substituted by No. 19/2014 s. 29, amended by No. 9/2016 s. 15(1)(a). (3) The Council is to consist of not more than 14 members of whom— S. 2.6.6(3)(a) amended by No. 9/2016 s. 15(1)(b). (a) 13 are to be appointed by the Governor in Council on the recommendation of the Minister in accordance with section 2.6.6A; and (b) one is to be the Secretary or the nominee of the Secretary. S. 2.6.6(4) inserted by No. 19/2014 s. 29, amended by No. 19/2014 s. 44(1), substituted by No. 9/2016 s. 15(2). (4) Of the members appointed under subsection (3)(a) on the recommendation of the Minister— (a) subject to section 2.6.6AD, 5 must be registered teachers (of whom at least one must be an early childhood teacher) nominated by a nominating organisation referred to in section 2.6.6AB(1)(a); and (b) subject to section 2.6.6AD, 2 must be registered teachers nominated by a nominating organisation referred to in section 2.6.6AB(1)(b); and (c) the majority must be registered teachers. S. 2.6.6(5) inserted by No. 19/2014 s. 29. (5) The Governor in Council, on the recommendation of the Minister, must appoint one of the members appointed under subsection (3)(a), who is a registered teacher or a principal, as the Chairperson of the Council. S. 2.6.6A inserted by No. 27/2010 s. 13, substituted by No. 19/2014 s. 30. 2.6.6A Minister's recommendations of persons for appointment as members of the Council Subject to section 2.6.6(4), the Minister, in recommending persons to the Governor in Council to be appointed to the Council, must ensure that— (a) the persons recommended possess, in the opinion of the Minister, the skills, experience or qualifications that are relevant to enable the Council to exercise its powers and perform its duties and functions; and (b) the persons recommended include persons who have knowledge of, or experience in, the following areas— (i) management; (ii) finance; (iii) law; (iv) corporate governance. S. 2.6.6AB inserted by No. 9/2016 s. 16. 2.6.6AB Nominations for recommendation for appointment of members to the Council (1) For the purposes of recommending persons for appointment to the Council to satisfy the requirements in section 2.6.6(4)(a) and (b), the Minister must call for nominations of registered teachers by— (a) the Australian Education Union or, if the Australian Education Union ceases to exist, an organisation designated by a Ministerial Order under section 2.6.6AE(1)(a); and (b) the Independent Education Union or, if the Independent Education Union ceases to exist, an organisation designated by a Ministerial Order under section 2.6.6AE(1)(b). (2) The nominating organisation may nominate any number of registered teachers for recommendation for appointment to the Council in accordance with subsection (3). (3) A nomination referred to in this section must be given to the Minister— (a) in the manner specified by the Minister; and (b) on or before the date specified by the Minister. S. 2.6.6AC inserted by No. 9/2016 s. 16. 2.6.6AC Minister may decline nominations The Minister may decline to recommend to the Governor in Council for appointment to the Council a person nominated under section 2.6.6AB if— (a) the nominee is not a registered teacher; or (b) the appointment of the nominee would result in the requirement in section 2.6.6(4)(a) to appoint an early childhood teacher to the Council not being satisfied; or (c) in the Minister's opinion the nominee does not possess the skills, experience or qualifications referred to in section 2.6.6A(a); or (d) the appointment of the nominee would result in the requirement in section 2.6.6A(b) not being satisfied. S. 2.6.6AD inserted by No. 9/2016 s. 16. 2.6.6AD Insufficient eligible nominations If there is not a sufficient number of eligible nominations provided to the Minister to fill a vacancy in the office of a member of the Council appointed to satisfy the requirements in section 2.6.6(4)(a) or (b), the Minister may recommend any other suitable person in accordance with sections 2.6.6A and 2.6.6B to fill that vacancy. S. 2.6.6AE inserted by No. 9/2016 s. 16. 2.6.6AE Minister may designate nominating organisation in certain circumstances (1) The Minister may, by Order, designate an organisation representing the professional and industrial interests of teachers and early childhood teachers to be the nominating organisation— (a) for the purposes of section 2.6.6AB(1)(a) if the Australian Education Union ceases to exist; or (b) for the purposes of section 2.6.6AB(1)(b) if the Independent Education Union ceases to exist. (2) An Order referred to in subsection (1) must be published in the Government Gazette as soon as practicable after the Order is made. S. 2.6.6B inserted by No. 27/2010 s. 13, substituted by No. 19/2014 s. 30. 2.6.6B Minister must consider certain persons for appointment as members of the Council The Minister must give consideration to recommending persons from the following classes of person for appointment to the Council under section 2.6.6A— (a) registered teachers currently teaching in— (i) Government schools (other than schools for students with disabilities or impairments); or (ii) Government schools for students with disabilities or impairments; or S. 2.6.6B(a)(iii) amended by No. 2/2025 s. 10. (iii) non-Government schools (other than schools operating under the auspices of the Victorian Catholic Education Authority); or S. 2.6.6B(a)(iv) amended by No. 2/2025 s. 10. (iv) non-Government schools operating under the auspices of the Victorian Catholic Education Authority; S. 2.6.6B(b) substituted by No. 19/2014 s. 44(2)(a). (b) registered early childhood teachers currently engaged or employed in early childhood services; (c) parents of students in schools or children in early childhood services; S. 2.6.6B(d) substituted by No. 19/2014 s. 44(2)(b). (d) employers of registered teachers; (e) providers of education to registered teachers or to persons who wish to qualify as teachers or early childhood teachers. S. 2.6.6C inserted by No. 27/2010 s. 13. 2.6.6C Governor to appoint Deputy Chairperson The Governor in Council, on the nomination of the Minister, may appoint a member of the Council (other than the Chairperson, Secretary or the Secretary's nominee) as a Deputy Chairperson. Pt 2.6 Div. 2A (Heading and ss 2.6.6D–2.6.6L) inserted by No. 10/2021 s. 7. Division 2A—Initial teacher education program approval process S. 2.6.6D inserted by No. 10/2021 s. 7. 2.6.6D Application for approval or variation of approval (1) A provider of a program or course of study may apply to the Institute for the provider's program or course to be approved as an initial teacher education program. (2) A provider of an initial teacher education program may apply to the Institute for a variation of the approval of the program or course of study as an initial teacher education program. S. 2.6.6E inserted by No. 10/2021 s. 7. 2.6.6E Approval by Institute (1) The Institute may approve a program or course of study as an initial teacher education program or vary the approval of a program or course of study as an initial teacher education program, if— (a) the Institute has considered any requirements, criteria or standards for programs or courses of study leading to qualifications for entry to teaching as a teacher that have been agreed to with other States, Territories or the Commonwealth, including teacher registration authorities in those States or Territories; and (b) the Institute has had regard to any advice or recommendations given to it under section 2.6.6K; and (c) the program or course of study satisfies all requirements, criteria or standards approved by the Minister under section 2.6.5 and in force at the time the application is made. (2) If the Institute approves a program or course of study as an initial teacher education program, or varies an approval of a program or course of study as an initial teacher education program under subsection (1), the Institute must— (a) give the provider written notice of— (i) the approval; or (ii) the variation of an approval; and (i) the period for which the approval, or variation of the approval, is given; and (ii) that the Institute may impose conditions on the approval, or variation of the approval, under section 2.6.6G at any time for the duration of the approval. S. 2.6.6F inserted by No. 10/2021 s. 7. 2.6.6F Application for renewal and approval of renewal by Institute (1) A provider of an initial teacher education program may apply to the Institute for renewal of an approval given under section 2.6.6E in respect of the program before the approval expires. (3) If the Institute has not considered an application made under subsection (1) before the expiry of the approval, the approval is taken to be current until the Institute has determined the application. (4) The Institute may renew the approval of a program or course of study as an initial teacher education program if— (a) the Institute has had regard to any advice or recommendations given to it under section 2.6.6K; and (b) the Institute has considered any requirements, criteria or standards for programs or courses of study leading to qualifications for entry to teaching as a teacher that have been agreed to with other States, Territories or the Commonwealth, including teacher registration authorities in those States or Territories; and (c) the Institute has considered whether the provider of the program has complied with any conditions imposed on the existing approval and any previous approval given; and (d) the program satisfies the requirements, criteria or standards approved by the Minister under section 2.6.5 and in force at the time the application is made. (5) If the Institute renews the approval of an initial teacher education program under subsection (4), the Institute must— (a) give the provider written notice of the renewal of the approval; and (i) the period for which the renewed approval is given; and (ii) that the Institute may impose conditions on the approval being renewed under section 2.6.6G at any time for the duration of the approval. S. 2.6.6G inserted by No. 10/2021 s. 7. 2.6.6G Institute may impose, vary or revoke conditions on approval (1) The Institute may impose, vary or revoke a condition on an approval of a program or course of study as an initial teacher education program, given under this Division, at any time during the period of approval in accordance with this section. (2) If the Institute intends to impose a condition on, or vary a condition imposed on, an approval given in respect of an initial teacher education program under this Division, the Institute must, in writing— (a) advise the provider of the initial teacher education program of that intention; and (b) invite the provider to make a written submission to the Institute if the provider believes a condition should not be imposed or that the condition should not be varied; and (c) advise the provider that a written submission must be made within 14 days of receiving the invitation to make a submission. (3) The Institute may impose a condition on, or vary a condition on, an approval of a program or course of study as an initial teacher education program, given under this Division if, after considering the following matters, the Institute is of the view that it would be appropriate in the circumstances to impose, or vary, the condition— (b) the interests of any students enrolled in the initial teacher education program. (4) If the Institute has imposed a condition on, or varied a condition on, an approval under subsection (3), the Institute must give the provider of the initial teacher education program written notice of the decision to impose, or vary, the condition on the approval— (d) specifying that the condition, or variation of the condition, applies for the duration of the approval or another shorter period specified in the notice. (5) The Institute may revoke a condition imposed on an approval at any time by written notice to the provider of the initial teacher education program specifying the date from which the revocation of the condition applies. ***approval*** includes a renewal of an approval and any variation of an approval. S. 2.6.6H inserted by No. 10/2021 s. 7. 2.6.6H Revocation of approval of initial teacher education program (1) An approval of an initial teacher education program may be revoked by the Institute in accordance with this section— (a) on the request of the provider of the initial teacher education program made to the Institute; or (b) if the program is no longer a course of study accredited under the Tertiary Education Quality and Standards Agency Act 2011 of the Commonwealth; or (c) if the program no longer satisfies any requirements, criteria or standards approved by the Minister as in force from time to time under section 2.6.5; or (d) if the program no longer complies with any conditions on its approval. (2) If the Institute intends to revoke an approval of an initial teacher education program under paragraph (b), (c) or (d) of subsection (1), the Institute must— (a) advise the provider of the initial teacher education program of that intention; and (b) invite the provider to make a written submission to the Institute if the provider believes the approval should not be revoked; and (c) advise the provider that a written submission must be made within 14 days of receiving the invitation to make a submission. (3) The Institute may revoke the approval of an initial teacher education program, given under this Division if, after considering the following matters, the Institute is of the view that it would be appropriate in the circumstances to revoke the approval— (a) any submission made by a provider under subsection (2) as to why the provider believes the approval should not be revoked; (b) the interests of any students enrolled in the initial teacher education program. (4) If the Institute has revoked an approval under subsection (3), the Institute must give the provider written notice of the decision— (c) specifying that the approval of the initial teacher education program is revoked— S. 2.6.6I inserted by No. 10/2021 s. 7. 2.6.6I Enrolled students not disadvantaged by revocation If a student is enrolled in an initial teacher education program at the time the approval of the initial teacher education program is revoked under section 2.6.6H— (a) the program is to continue and is taken to be approved by the Institute under this Division solely for the purpose of allowing the enrolled student to complete the program; and (b) if the student satisfactorily completes the program continued for the purposes of this section, the student is taken to have satisfactorily completed an initial teacher education program. S. 2.6.6J inserted by No. 10/2021 s. 7. 2.6.6J Request for provision of further information (1) The Institute may request a provider of an approved initial teacher education program to provide information or material in respect of the program to the Institute for the following purposes— (a) to make a decision under section 2.6.6E, 2.6.6F, 2.6.6G or 2.6.6H; (b) to ensure that the program continues to satisfy all requirements, criteria and standards for approval as an initial teacher education program; (c) to ensure that the provider is complying with any conditions on the approval of the program as an initial teacher education program. (2) A provider of an approved initial teacher education program must comply with a request made under subsection (1). ***provider of an approved initial teacher education program*** includes a provider of a program or course of study applying for approval of that program or course as an initial teacher education program under this Division. S. 2.6.6K inserted by No. 10/2021 s. 7. 2.6.6K Institute to have regard to relevant advice regarding initial teacher education programs The Institute must have regard to any relevant advice or recommendations given to the Institute by the Accreditation Committee in respect of a program or course of study before the Institute approves— (a) the program or course as an initial teacher education program; or (b) a variation of an approval of the program or course as an initial teacher education program; or (c) a renewal of the approval of the program or course as an initial teacher education program. S. 2.6.6L inserted by No. 10/2021 s. 7. 2.6.6L Publication in relation to compliance of providers (1) Subject to subsection (2), the Institute may publish information on its website in respect of a provider of an initial teacher education program specifying whether the program— (a) continues to satisfy all requirements, criteria and standards for approval as an initial teacher education program; or (b) has any conditions on its approval as an initial teacher education program and if there are conditions on the program's approval specifying what those conditions are. (2) The Institute must not publish any personal information or sensitive information in respect of a provider of an initial teacher education program. Pt 2.6 Div. 2B (Heading and ss 2.6.6M–2.6.6V) inserted by No. 10/2021 s. 7. Division 2B—Pathway program approval process S. 2.6.6M inserted by No. 10/2021 s. 7. 2.6.6M Requirements, criteria and standards for pathway programs (1) Subject to subsection (2), the Institute may set requirements, criteria or standards that a program or course of study must satisfy before the Institute approves the program or course as a pathway program under this Division including in relation to the following— (a) entry requirements; (b) minimum academic and non-academic attributes or standards to be achieved or demonstrated by students undertaking the program by the end of the program. (2) Before the Institute sets any requirements, criteria or standards under subsection (1), the Institute must— (a) consider any requirements, criteria or standards for equivalent pathway programs that have been agreed to with other States, Territories or the Commonwealth, including teacher registration authorities in those States and Territories; and (b) have regard to any relevant advice or recommendations given to the Institute by the Accreditation Committee in accordance with section 2.6.6V. S. 2.6.6N inserted by No. 10/2021 s. 7. 2.6.6N Application for approval or variation of approval (1) A provider of a program or course of study may apply to the Institute for the program or course to be approved as a pathway program. (2) A provider of a pathway program may apply to the Institute for a variation of the approval of the program or course of study as a pathway program. S. 2.6.6O inserted by No. 10/2021 s. 7. 2.6.6O Approval by Institute (1) The Institute may approve a program or course of study, or vary the approval of a program or course of study, as a pathway program if— (a) the Institute has considered any requirements, criteria or standards for equivalent pathway programs that have been agreed to with other States, Territories or the Commonwealth, including teacher registration authorities in those States or Territories; and (b) the program or course satisfies all requirements, criteria and standards set by the Institute under section 2.6.6M and in force at the time the application is made; and (c) the Institute has had regard to any relevant advice or recommendations given to the Institute in accordance with section 2.6.6V. (2) If the Institute approves a program or course of study, or varies an approval of a program or course of study, as a pathway program under subsection (1), the Institute must— (a) give the provider written notice of the approval or variation of the approval; and (i) the period for which the approval, or variation of the approval, is given; and (ii) that the Institute may impose conditions on the approval, or variation of the approval, under section 2.6.6Q at any time for the duration of the approval. S. 2.6.6P inserted by No. 10/2021 s. 7. 2.6.6P Application for renewal and approval of renewal by Institute (1) A provider of a pathway program may apply to the Institute for renewal of an approval given under section 2.6.6O in respect of the program before the approval expires. (3) If the Institute has not considered an application made under subsection (1) before the expiry of the approval, the approval is taken to be current until the Institute has determined the application. (4) The Institute may renew the approval of a program or course of study as a pathway program if— (a) the Institute has had regard to any advice or recommendations given to it under section 2.6.6V; and (b) the Institute has had regard to any requirements, criteria or standards for equivalent pathway programs that have been agreed to with other States, Territories or the Commonwealth, including teacher registration authorities in those States or Territories; and (c) the Institute has considered whether the provider of the program has complied with any conditions imposed on the existing approval and any previous approval given; and (d) the program satisfies the requirements, criteria and standards set by the Institute under section 2.6.6M and in force at the time the application for renewal is made. (5) If the Institute renews the approval of a pathway program under subsection (4), the Institute must— (a) give the provider written notice of the renewal of the approval; and (i) the period for which the renewed approval is given; and (ii) that the Institute may impose conditions on the approval being renewed under section 2.6.6Q at any time for the duration of the approval. S. 2.6.6Q inserted by No. 10/2021 s. 7. 2.6.6Q Institute may impose, vary or revoke conditions on approval (1) The Institute may impose, vary or revoke a condition on an approval of a program or course of study as a pathway program, given under this Division, at any time during the period of approval in accordance with this section. (2) If the Institute intends to impose a condition on, or vary a condition imposed on, an approval given in respect of a pathway program under this Division, the Institute must, in writing— (a) advise the provider of the pathway program of that intention; and (b) invite the provider to make a written submission to the Institute if the provider believes a condition should not be imposed or that the condition should not be varied; and (c) advise the provider that a written submission must be made within 14 days of receiving the invitation to make a submission. (3) The Institute may impose a condition on, or vary a condition on, an approval of a program or course of study as a pathway program, given under this Division if, after considering the following matters, the Institute is of the view that it would be appropriate in the circumstances to impose, or vary, the condition— (b) the interests of any students enrolled in the pathway program. (4) If the Institute has imposed a condition on, or varied a condition on, an approval under subsection (3), the Institute must give the provider of the pathway program written notice of the decision to impose, or vary, a condition on the approval— (d) specifying that the condition, or variation of the condition, applies for the duration of the approval or another shorter period specified in the notice. (5) The Institute may revoke a condition imposed on an approval at any time by written notice to the provider of the pathway program specifying the date from which the revocation of the condition applies. ***approval*** includes a variation or renewal of an approval. S. 2.6.6R inserted by No. 10/2021 s. 7. 2.6.6R Revocation of approval of pathway program (1) An approval of a pathway program may be revoked by the Institute in accordance with this section— (a) on the request of the provider of the pathway program made to the Institute; or (b) if the program is no longer a course of study accredited under— (i) the Tertiary Education Quality and Standards Agency Act 2011 of the Commonwealth; or (ii) the National Vocational Education and Training Regulator Act 2011 of the Commonwealth; or (c) if the program no longer satisfies the requirements, criteria and standards set by the Institute as in force from time to time under section 2.6.6M; or (d) if the program no longer complies with any conditions on its approval. (2) If the Institute intends to revoke an approval of a pathway program under paragraph (b), (c) or (d) of subsection (1), the Institute must— (a) advise the provider of the pathway program of that intention; and (b) invite the provider to make a written submission to the Institute if the provider believes the approval should not be revoked; and (c) advise the provider that a written submission must be made within 14 days of receiving the invitation to make a submission. (3) The Institute may revoke the approval of a pathway program, given under this Division if, after considering the following matters, the Institute is of the view that it would be appropriate in the circumstances to revoke the approval— (a) any submission made by a provider under subsection (2) as to why the provider believes the approval should not be revoked; (b) the interests of any students enrolled in the pathway program. (4) If the Institute has revoked an approval under subsection (3), the Institute must give the provider written notice of the decision— (c) specifying that the approval of the pathway program is revoked— S. 2.6.6S inserted by No. 10/2021 s. 7. 2.6.6S Enrolled students not disadvantaged by revocation If a student is enrolled in a pathway program at the time the approval of the pathway program is revoked under section 2.6.6R— (a) the program is to continue and is taken to be approved by the Institute under this Division solely for the purpose of allowing the enrolled student to complete the program; and (b) if the student satisfactorily completes the program continued for the purposes of this section, the student is taken to have satisfactorily completed a pathway program. S. 2.6.6T inserted by No. 10/2021 s. 7. 2.6.6T Request for provision of further information (1) The Institute may request a provider of a pathway program to provide information or material in respect of the program to the Institute for the following purposes— (a) to make a decision under section 2.6.6O, 2.6.6P, 2.6.6Q or 2.6.6R; (b) to ensure that the program continues to satisfy all requirements, criteria and standards for approval as a pathway program; (c) to ensure that the provider is complying with any conditions on the approval of the program as a pathway program. (2) A provider of a pathway program must comply with a request made under subsection (1). ***provider of a pathway program*** includes a provider of a program or course of study applying for approval of that program or course as a pathway program under this Division. S. 2.6.6U inserted by No. 10/2021 s. 7. 2.6.6U Publication in relation to compliance of providers (1) Subject to subsection (2), the Institute may publish information on its website in respect of a provider of a pathway program specifying whether the program— (a) continues to satisfy all requirements, criteria and standards for approval as a pathway program; or (b) has any conditions on its approval as a pathway program and if there are conditions on the program's approval specifying what those conditions are. (2) The Institute must not publish any personal information or sensitive information in respect of a provider of a pathway program. S. 2.6.6V inserted by No. 10/2021 s. 7. 2.6.6V Institute to have regard to relevant advice regarding pathway programs The Institute must have regard to any relevant advice or recommendations given to the Institute by the Accreditation Committee in respect of the following— (a) requirements, criteria or standards for pathway programs; (b) a program or course of study before the Institute approves— (i) the program or course as a pathway program; or (ii) a variation of an approval of the program or course as a pathway program; or (iii) a renewal of an approval of the program or course as a pathway program. Pt 2.6 Div. 2C (Heading and ss 2.6.6W–2.6.6ZD) inserted by No. 10/2021 s. 7. Division 2C—Continuing education programs S. 2.6.6W inserted by No. 10/2021 s. 7. 2.6.6W Requirements, criteria and standards for continuing education programs (1) Subject to subsection (2), the Institute may set requirements, criteria or standards that a program, unit or course of study must satisfy before the Institute endorses the program, unit or course of study as a continuing education program under this Division. (2) Before setting requirements, criteria and standards under subsection (1), the Institute must— (a) consider any requirements, criteria or standards for continuing education programs that have been agreed to with other States, Territories or the Commonwealth, including teacher registration authorities in those States or Territories; and (b) have regard to any relevant advice or recommendations given to the Institute by the Accreditation Committee under section 2.6.6ZC. S. 2.6.6X inserted by No. 10/2021 s. 7. 2.6.6X Application for, or variation of, endorsement of continuing education programs (1) A provider of a program, unit or course of study may apply to the Institute for the program, unit or course to be endorsed as a continuing education program. (2) A provider of a continuing education program may apply to the Institute for a variation of the endorsement of the program, unit or course of study as a continuing education program. (4) A provider of a continuing education program— (a) is not required to apply to the Institute for endorsement of the program, unit or course as a continuing education program under this Division; and (b) may identify or market the program, unit or course of study as a continuing education program despite not being endorsed by the Institute under this Division. S. 2.6.6Y inserted by No. 10/2021 s. 7. 2.6.6Y Endorsement by Institute (1) The Institute may endorse a program, unit or course of study, or vary the endorsement of a program, unit or course of study, as a continuing education program if— (a) the Institute has considered any requirements, criteria or standards for continuing education programs that have been agreed to with other States or Territories or the Commonwealth, including teacher registration authorities in those States or Territories; and (b) the program, unit or course satisfies all requirements, criteria and standards set by the Institute under section 2.6.6W and in force at the time the application is made; and (c) the Institute has had regard to any relevant advice or recommendations given to the Institute in accordance with section 2.6.6ZC. (2) If the Institute endorses a program, unit or course of study, or varies an endorsement of a program, unit or course of study, as a continuing education program under subsection (1), the Institute must— (a) give the provider written notice of the endorsement or variation of the endorsement; and (i) the period for which the endorsement, or variation of the endorsement, is given; and (ii) that the Institute may impose conditions on the endorsement, or variation of the endorsement, under section 2.6.6ZA at any time for the duration of the endorsement. S. 2.6.6Z inserted by No. 10/2021 s. 7. 2.6.6Z Application for renewal of endorsement by Institute (1) A provider of a continuing education program may apply to the Institute for renewal of an endorsement given under section 2.6.6Y in respect of the program before the endorsement expires. (3) If the Institute has not considered an application under subsection (1) before the expiry of the endorsement, the endorsement is taken to be current until the Institute has determined the application. (4) The Institute may renew the endorsement of a program, unit or course of study as a continuing education program if— (a) the Institute has had regard to any advice or recommendations given to it under section 2.6.6ZC; and (b) the Institute has had regard to any requirements, criteria or standards for continuing education programs that have been agreed to with other States, Territories or the Commonwealth, including teacher registration authorities in those States or Territories; and (c) the Institute has considered whether the provider of the program has complied with any conditions imposed on the existing endorsement and any previous endorsement given; and (d) the program satisfies the requirements, criteria and standards set by the Institute under section 2.6.6W and in force at the time the application for renewal is made. (5) If the Institute renews the endorsement of a continuing education program under subsection (4), the Institute must— (a) give the provider written notice of the renewal of the endorsement; and (i) the period for which the renewed endorsement is given; and (ii) that the Institute may impose conditions on the endorsement being renewed under section 2.6.6ZA at any time for the duration of the endorsement. S. 2.6.6ZA inserted by No. 10/2021 s. 7. 2.6.6ZA Institute may impose, vary or revoke conditions on endorsement (1) The Institute may impose, vary or revoke a condition on an endorsement of a program, unit or course of study as a continuing education program, given under this Division, at any time during the period of endorsement in accordance with this section. (2) If the Institute intends to impose a condition on, or vary a condition imposed on, an endorsement given in respect of a continuing education program under this Division, the Institute must, in writing— (a) advise the provider of the continuing education program of that intention; and (b) invite the provider to make a written submission to the Institute if the provider believes a condition should not be imposed or that the condition should not be varied; and (c) advise the provider that a written submission must be made within 14 days of receiving the invitation to make a submission. (3) The Institute may impose a condition on, or vary a condition on, an endorsement of a program, unit or course of study as a continuing education program, given under this Division if, after considering the following matters, the Institute is of the view that it would be appropriate in the circumstances to impose, or vary, the condition— (b) the interests of any students enrolled in the continuing education program. (4) If the Institute has imposed a condition on, or varied a condition on, an endorsement under subsection (3), the Institute must give the provider of the continuing education program written notice of the decision to impose, or vary, a condition on the endorsement— (d) specifying that the condition, or variation of the condition, applies for the duration of the endorsement or another shorter period specified in the notice. (5) The Institute may revoke a condition imposed on an endorsement of a program, unit or course of study as a continuing education program at any time by written notice to the provider of the continuing education program specifying the date from which the revocation of the condition applies. ***endorsement*** includes a variation or renewal of an endorsement. S. 2.6.6ZB inserted by No. 10/2021 s. 7. 2.6.6ZB Revocation of endorsement of continuing education program (1) An endorsement of a continuing education program under this Division may be revoked by the Institute in accordance with this section— (a) on the request of the provider of the continuing education program made to the Institute; or (b) if the program no longer satisfies the requirements, criteria and standards set by the Institute as in force from time to time under section 2.6.6W; or (c) if the program no longer complies with any conditions on its endorsement. (2) If the Institute intends to revoke an endorsement of a continuing education program under paragraph (b) or (c) of subsection (1), the Institute must— (a) advise the provider of the continuing education program of that intention; and (b) invite the provider to make a written submission to the Institute if the provider believes the endorsement should not be revoked; and (c) advise the provider that a written submission must be made within 14 days of receiving the invitation to make a submission. (3) The Institute may revoke the endorsement of a continuing education program, given under this Division if, after considering the following matters, the Institute is of the view that it would be appropriate in the circumstances to revoke the endorsement— (a) any submission made by a provider under subsection (2) as to why the provider believes the endorsement should not be revoked; (b) the interests of any students enrolled in the continuing education program. (4) If the Institute has revoked an endorsement under subsection (3), the Institute must give the provider written notice of the decision— (c) specifying that the endorsement of the continuing education program is revoked— S. 2.6.6ZC inserted by No. 10/2021 s. 7. 2.6.6ZC Institute to have regard to relevant advice regarding continuing education programs The Institute must have regard to any relevant advice or recommendations given to the Institute by the Accreditation Committee in respect of the following— (a) requirements, criteria or standards for continuing education programs; (b) a program, unit or course of study before the Institute— (i) endorses the program, unit or course as a continuing education program; or (ii) varies the endorsement of the program, unit or course as a continuing education program; or (iii) renews the endorsement of the program, unit or course as a continuing education program. S. 2.6.6ZD inserted by No. 10/2021 s. 7. 2.6.6ZD Publication in relation to compliance of providers (1) Subject to subsection (2), the Institute may publish information on its website in respect of a provider of a continuing education program specifying whether the program— (a) continues to satisfy all requirements, criteria and standards for endorsement as a continuing education program that are in force; or (b) has any conditions on its endorsement as a continuing education program and if there are conditions on the program's endorsement specifying what those conditions are. (2) The Institute must not publish any personal information or sensitive information in respect of a provider of a continuing education program. Division 3—Registration of teachers 2.6.7 Application for registration (1) An application for registration as a teacher may be made to the Institute. S. 2.6.7(1A) inserted by No. 31/2018 s. 6(1), substituted by No. 34/2020 s. 217. (1A) A person may not apply for registration as a 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 S. 2.6.7(2)(b) amended by No. 19/2014 s. 45(1). (b) subject to subsection (5), accompanied by— (i) evidence that the person is qualified for registration in accordance with section 2.6.8; and S. 2.6.7(b)(iii) substituted by No. 19/2014 s. 5(1). S. 2.6.7(b)(iv) inserted by No. 19/2014 s. 5(2). (iv) a consent signed by the applicant for the Institute to conduct a national criminal history check on the applicant; and S. 2.6.7(b)(v) inserted by No. 19/2014 s. 5(2). (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 S. 2.6.7(b)(vi) inserted by No. 19/2014 s. 5(2). (vi) the fee fixed by the Minister for the national criminal history check. S. 2.6.7(2A) inserted by No. 28/2010 s. 6(1), substituted by No. 19/2014 s. 5(3). (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 registration is granted, on the teacher from time to time during the period of that registration. S. 2.6.7(2B) inserted by No. 14/2013 s. 9(1). (2B) The application must include an address for the applicant to be used by the Institute in corresponding with the applicant. (3) The Institute may require an applicant to provide further information or material in respect of the application. S. 2.6.7(3A) inserted by No. 28/2010 s. 6(2), substituted by No. 19/2014 s. 5(4). (3A) In considering an application for registration, the Institute— S. 2.6.7(3A)(a) amended by No. 19/2014 s. 45(2). (a) subject to subsection (5), must conduct a national criminal history check on the applicant; and S. 2.6.7(3A)(b) amended by No. 4/2017 s. 12(1)(a). S. 2.6.7(3A)(c) inserted by No. 4/2017 s. 12(1)(b).