Sch 4has effect.

Schedule 4 has effect. Schedule 4 sets out training and employment conditions for trainees not covered by the National Training Wage Award. 5.5.5 Training and employment agreements to accord with Schedule 4 (1) A provision of a training contract or an employment agreement or any other contract of employment to which an apprentice is a party is of no effect to the extent that it provides a term or condition of employment that is less favourable to the apprentice than one applicable under Schedule 4. (2) An employer must not enter into, or purport to enter into a training contract or an employment agreement or any other contract of employment with an apprentice that provides a term or condition of employment that is less favourable to the apprentice than one applicable under clause 6(1) of Schedule 4. 1. 100 penalty units. S. 5.5.5(3) amended by No. 12/2018 s. 58. (3) If a training contract or an employment agreement or any other contract of employment to which an apprentice is a party does not at any time comply with a term or condition of employment applicable under clause 6(1) of Schedule 4, it must then, for the purposes of section 26 of the **Long Service Leave Act 2018**, be taken to have effect as if it did. (4) A training contract or an employment agreement or any other contract of employment entered into by an employer in contravention of subsection (2) is not, for that reason only, illegal, void or unenforceable. Division 4—Training contracts S. 5.5.6 (Heading) amended by No. 39/2012 s. 6(1). S. 5.5.6 amended by No. 39/2012 s. 6(2). 5.5.6 Employer must have Authority's approval to enter into a training contract with an apprentice An employer must not employ a person under a training contract unless the employer is approved by the Authority to do so. 1. 10 penalty units for a natural person and 50 penalty units for a body corporate. 5.5.7 Procedure for approval S. 5.5.7(1) amended by No. 39/2012 s. 7. (1) In determining whether to approve an employer to employ a person under a training contract the Authority must have regard to the employer's ability to comply with the training contract. S. 5.5.7(2) amended by No. 39/2012 s. 7. (2) Without limiting the generality of subsection (1), the Authority must have regard to all of the following matters— (a) the premises in which the person is to be employed; (b) the equipment and methods to be used in training; (c) whether any person whom the employer uses or proposes to use for the purpose of supervising the training of an apprentice under a training contract— (i) has the appropriate qualifications, knowledge and skill for that purpose; and (ii) is otherwise a fit and proper person for that purpose; (d) whether the employer is a fit and proper person for employing an apprentice. (3) An approval under subsection (1) may be given subject to conditions— (a) limiting the number of apprentices that the employer may have in the employer's employment at any one time; and S. 5.5.7(3)(b) amended by No. 39/2012 s. 7. (b) as to any other matters that the Authority thinks fit. S. 5.5.7(4) amended by No. 39/2012 s. 7. (4) The Authority may revoke an approval at any time and in any circumstances including those where a condition of the approval is breached. 5.5.8 Employer's obligations under a training contract (1) An employer who employs an apprentice under a training contract— (a) must ensure that the apprentice is trained in accordance with an approved training scheme; and (b) must allow the apprentice to comply with the approved training scheme without hindrance if that scheme or any part of that scheme is conducted during normal working hours. 1. 10 penalty units for a natural person and 50 penalty units for a body corporate. (2) If an apprentice under a training contract attends a vocational education and training course provided by a registered education and training organisation in accordance with an approved training scheme during normal working hours, that attendance is deemed to be attendance at work for the purposes of any employment agreement or any other contract of employment. 5.5.9 Apprentice's obligations under a training contract An apprentice's obligations under a training contract include the obligation to comply with the requirements of the approved training scheme. 5.5.10 Approval of training contracts S. 5.5.10(1) amended by No. 39/2012 s. 8. (1) A training contract must be in the form, and contain the particulars, approved by the Authority. S. 5.5.10(2) amended by No. 39/2012 s. 8. (2) The Authority may approve a training contract only if the agreement is substantially in the same form and has the same content as the agreement approved by the Ministerial Council. S. 5.5.10(3) amended by No. 39/2012 s. 8. (3) The Authority may refuse to approve a training contract if the Authority is of the opinion that the training contract does not comply with this Part or any determination of the Authority under this Part. 5.5.11 Parties to training contract (1) The parties to a training contract are— (a) the employer; and (b) the apprentice; and (c) if the apprentice is under 18 years, the parent or guardian of the apprentice. S. 5.5.11(2) amended by No. 39/2012 s. 9. (2) If an apprentice has no parent or guardian or no parent or guardian resident in Victoria and capable of acting, the Authority may approve a person to act instead of the parent or guardian. S. 5.5.11(3) amended by No. 39/2012 s. 9. (3) If an apprentice is under the age of 18 years and the Authority is satisfied that it is in the interests of the employer and the apprentice, the Authority may consent to the training contract being executed by the employer and the apprentice only. S. 5.5.11(4) amended by No. 39/2012 s. 9. (4) The Authority must endorse its consent under subsection (3) on the original training contract and the endorsement has the effect of dispensing with the necessity of there being a parent or guardian as a party to the training contract. 5.5.12 Execution of training contract (1) The employer must arrange for— S. 5.5.12(1)(a) amended by No. 39/2012 s. 10. (a) the training contract to be executed by the parties and lodged with the Authority or a person or body nominated by the Authority within 14 days after the date the employment of the apprentice commences or any further time allowed by the Authority; and (b) a copy of the training contract to be given to the apprentice within 14 days after the date of execution of the training contract. S. 5.5.12(2) amended by No. 39/2012 s. 10. (2) If a training contract is not executed and lodged in accordance with subsection (1), the Authority may execute a contract on behalf of all or any of the parties and on that execution the parties are to be treated as having made the contract accordingly. S. 5.5.12(3) amended by No. 39/2012 s. 10. (3) If an apprentice is dismissed before a training contract was executed under subsection (1) or (2) the Authority may declare, by notice in writing to that apprentice and the employer, that the apprentice is to be treated as having been employed under a training contract from the date the employment commenced. (4) If a person is required to be employed under a training contract under this section, the date the contract takes effect is to be treated as the date the person commenced that employment whether the contract is executed under subsection (1) or (2). 5.5.13 Apprentice to be enrolled in training The employer must arrange for— (a) the apprentice to be enrolled in a vocational education and training course provided by a registered education and training organisation, as required by the approved training scheme, within 3 months after the date of commencement of the training contract; and (b) a training plan to be signed by— (i) the employer; and (ii) the apprentice; and (iii) the registered education and training organisation; and S. 5.5.13(c) amended by No. 39/2012 s. 11. (c) a copy of the training plan referred to in paragraph (b) to be lodged with the Authority, a person or body nominated by the Authority or an approved training agent within 3 months after the date of commencement of the training contract. 5.5.14 Term of a training contract S. 5.5.14(1) amended by No. 39/2012 s. 12. (1) The Authority may determine the term or terms or fix minimum or maximum terms of training contracts for any vocation or for any specified training contract. S. 5.5.14(2) amended by No. 39/2012 s. 12. (2) If the Authority is satisfied that an apprentice has the knowledge and skills required under a training contract it may reduce the term of the agreement. S. 5.5.14(3) amended by No. 39/2012 s. 12. (3) If the Authority is satisfied that an apprentice does not have the knowledge and skills required under a training contract it may extend the term of the agreement. 5.5.15 Cancellation, suspension or variation of a training contract (1) The parties to a training contract may by mutual consent— (a) cancel the training contract; or (b) suspend the training contract; or (c) vary the provisions of the training contract. S. 5.5.15(2) amended by No. 39/2012 s. 13. (2) The Authority may at any time order the cancellation or suspension of a training contract if it is of the opinion that special circumstances make the cancellation or suspension desirable. S. 5.5.15(3) amended by No. 39/2012 s. 13. (3) The powers of the Authority under subsection (2) are in addition to any other powers of the Authority under this Part. 5.5.16 Suspension or cancellation of a training contract if insufficient employment available (1) If an employer is temporarily unable to provide sufficient work to keep an apprentice fully employed under a training contract during any working week or month, the employer may— (a) reduce the time of employment of the apprentice in the week or month; and (b) reduce the wages of the apprentice in proportion to the reduction of the time of his or her employment in the week or month. S. 5.5.16(2) amended by No. 39/2012 s. 14. (2) If an employer cannot provide sufficient employment for an apprentice employed by the employer under a training contract because of lack of business or financial difficulties the Authority may, on the application of the employer— S. 5.5.16(2)(a) amended by No. 39/2012 s. 14. (a) order the suspension of the training contract for any period that the Authority thinks fit; or (b) order the cancellation of the training contract. S. 5.5.16(3) amended by No. 39/2012 s. 14. (3) The Authority must not make an order unless it is satisfied after due inquiry that the circumstances warrant the making of an order. (4) Nothing in this section limits the powers of the employer to stand down an apprentice under a provision of the apprentice's training contract for the standing-down of apprentices who cannot usefully be employed because of any strike, breakdown of machinery or any stoppage of work for any cause for which the employer cannot reasonably be held responsible or the deduction of payment for any part of a day during which the apprentice is stood down. S. 5.5.17 (Heading) amended by No. 39/2012 s. 15(1). 5.5.17 Authority to determine grievances in certain circumstances S. 5.5.17(1) amended by No. 39/2012 s. 15(2). (1) The Authority may determine any question or difference arising between an employer and an apprentice about— (a) the training contract or anything contained in the training contract; or (b) the construction or operation of the training contract; or (c) the rights, duties and liabilities of the employer or apprentice under the training contract; or (d) the dismissal or threatened dismissal of an apprentice if the apprentice believes that the dismissal or threatened dismissal is harsh, unjust or unreasonable. S. 5.5.17(2) amended by No. 39/2012 s. 15(2). (2) The Authority must not determine any question or difference about whether money is or is not due by an employer to an apprentice. S. 5.5.17(3) amended by No. 39/2012 s. 15(2). (3) The Authority must enquire into any matter referred to it under this section and it may— (a) cancel, suspend or vary the training contract; or (b) order all or any parties to a training contract to perform all or specified obligations or duties under or related to the agreement; or (c) make any consequential orders that it thinks fit; or (d) make any other order it thinks fit. S. 5.5.17(4) amended by No. 39/2012 s. 15(2). (4) A party to a proceeding before the Authority under this section is not entitled to legal representation. S. 5.5.17(5) amended by No. 39/2012 s. 15(2). (5) A person must not contravene any order made by the Authority under this section. 5.5.18 Associations of employers may employ apprentices (1) An association of employers may enter into a training contract with a person. (2) The members of an association of employers that is not a body corporate must appoint one of their members who— (a) is to be treated as the employer of the apprentice for the purposes of this Act; and (b) must execute the training contract on behalf of the association; and (c) is responsible for complying with this Act and the regulations. 5.5.19 Partnerships (1) If a person has entered into a training contract with partners, the training contract is not determined by reason only of the death or retirement of any of those partners but is to be treated as being assigned to the surviving or continuing partner or partners. (2) On the transmission of the business or any part of the business of an employer, the training contract of an apprentice in any vocation which may form part of the business transmitted is to be treated as being assigned to the person to whom the business is being transmitted. (3) In this section ***transmission*** includes transfer, conveyance, assignment or succession whether by agreement or operation of law. Division 5—Approved training agents 5.5.20 Approved training agents The Minister may, by Order published in the Government Gazette, appoint any person or body to be an approved training agent for the purposes of this Part. 5.5.21 Delegations to approved training agents S. 5.5.21(1) amended by No. 39/2012 s. 16. (1) Without limiting the powers of the Authority under section 4.2.7, the Authority may, by instrument under its common seal, delegate to any person or body appointed as an approved training agent any power or function of the Authority under sections 5.5.6, 5.5.7, 5.5.11(2), (3) and (4), 5.5.14 and 5.5.16(2). S. 5.5.21(2) amended by No. 39/2012 s. 16(b). (2) The Authority must ensure that a copy of an instrument of delegation under this section is published in the Government Gazette as soon as practicable after its making. 5.5.22 Review of decisions of approved training agents S. 5.5.22(1) amended by No. 39/2012 s. 17. (1) A person who is aggrieved by any decision of an approved training agent made under section 5.5.6, 5.5.7, 5.5.11(2), (3) or (4), 5.5.14 or 5.5.16(2) acting as a delegate of the Authority under section 5.5.21 may apply to the Authority for a review of that decision within 14 days after the person was notified of that decision by the approved training agent or within any longer period that the Authority allows. S. 5.5.22(2) amended by No. 39/2012 s. 17. (2) The Authority may exercise all the powers and discretions that it would have had in determining the matter under review and may in writing— (a) affirm the decision under review; or (b) vary the decision under review; or (c) set aside the decision under review and— (i) make a decision in substitution for the decision set aside; or S. 5.5.22 (2)(c)(ii) amended by No. 39/2012 s. 17. (ii) remit the matter for reconsideration by the approved training agent in accordance with any directions or recommendations of the Authority. Division 6—General S. 5.5.23 amended by No. 39/2012 s. 18. 5.5.23 Register of apprentices The Authority must establish and maintain a register of apprentices who have entered into training contracts which have been lodged under section 5.5.12. S. 5.5.24 amended by No. 39/2012 s. 19. 5.5.24 Subsidies The Authority may cause to be paid to an apprentice a subsidy towards the costs incurred in attending a vocational education and training course required by the training scheme and conducted by a registered education and training organisation at a place remote from the apprentice's home or place of work. S. 5.5.25 amended by No. 39/2012 s. 20. 5.5.25 Fees for certificates The Authority may charge a fee fixed by the Minister for the issue of any certificate or duplicate certificate for the purposes of this Part. S. 5.5.26 inserted by No. 37/2015 s. 23. 5.5.26 Information sharing (1) The Authority may disclose any information the Authority has obtained in the course of performing its functions or exercising its powers under this Part to any of the following persons or bodies if the information relates to the performance of a function of that person or body— (a) the Secretary; (b) a public sector body; S. 5.5.26(1)(c) amended by No. 4/2017 s. 17(1)(f). (c) a department of the Commonwealth Government. (2) The Authority, when disclosing information under subsection (1) or under a law of another jurisdiction corresponding to subsection (1), does not contravene an obligation not to disclose the information or give the document, whether imposed by an Act or by another rule of law. Part 5.6—Volunteer workers compensation 5.6.1 Definitions (1) In this Part— S. 5.6.1(1) def. of *Accident Compen-sation Conciliation Service* inserted by No. 13/2022 s. 16. ***Accident Compensation Conciliation Service*** has the same meaning as in the **Workplace Injury Rehabilitation and Compensation Act 2013**; ***approved community work*** means community work engaged in by a student of a registered school and approved by the principal of the school as school community work; S. 5.6.1(1) def. of *Authority* amended by No. 67/2013 s. 649(Sch. 9 item 13(3)). ***Authority*** means the Victorian WorkCover Authority under the **Workplace Injury Rehabilitation and Compensation Act 2013**; ***child*** of a volunteer school worker or volunteer student worker means a child of the worker or of the worker's partner who— (a) is under the age of 16 years; or (b) is 16 years or more but under the age of 21 years and is a full-time student; ***dependant*** of a volunteer school worker or volunteer student worker means a person who was at the date of the worker's death wholly, mainly or partially dependent on the worker for financial support; S. 5.6.1(1) def. of *domestic partner* substituted by No. 12/2008 s. 73(1)(Sch. 1 item 18.1), amended by No. 4/2009 s. 37(Sch. 1 item 11.1). ***domestic partner*** of a person means— (a) a person who is in a registered domestic relationship with the person; or (b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender); ***partner*** of a volunteer school worker or volunteer student worker means— (a) in relation to a person who died before 23 August 2001—the person's spouse at the time of death; (b) in relation to a person who dies on or after 23 August 2001—the person's spouse or domestic partner at the time of death; S. 5.6.1(1) def. of *provisional payments* inserted by No. 5/2021 s. 39. ***provisional payments*** means payments provided for under— (a) Division 10 of Part 5 of the **Workplace Injury Rehabilitation and Compensation Act 2013**; and (b) Division 2BA of Part IV of the **Accident Compensation Act 1985**; S. 5.6.1(1) def. of *school work* amended by No. 29/2023 s. 21. ***school work*** means— (a) the carrying out of the functions of the school council of any Government school; (b) the carrying on of any activities for the welfare of any Government school— (i) by the school council of that school; or (ii) by any parents' club or association or other body organised to promote the welfare of the school; or (iii) at the request of the principal or the school council of the school or of any body referred to in subparagraph (ii); (c) the giving of any assistance in the work of any Government school or the provision of a kindergarten program by the school council of any Government school; (d) attendance at meetings in relation to Government schools convened at a State or regional level by any body receiving financial support from the Government; or (e) attendance at meetings in relation to Government schools in any region being meetings convened by the Secretary; ***spouse*** of a person means a person to whom the person is married; ***volunteer school worker*** means a person who without remuneration or reward voluntarily engages in school work; ***volunteer student worker*** means a person who, without remuneration or reward, voluntarily engages in approved community work. S. 5.6.1(2) substituted by No. 12/2008 s. 73(1)(Sch. 1 item 18.2). (2) For the purposes of the definition of ***domestic partner*** in subsection (1)— S. 5.6.1(2)(a) amended by No. 4/2009 s. 37(Sch. 1 item 11.2(a)). (a) ***registered domestic relationship*** has the same meaning as in the **Relationships Act 2008**; and S. 5.6.1(2)(b) amended by No. 4/2009 s. 37(Sch. 1 item 11.2(b)). (b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the **Relationships Act 2008** as may be relevant in a particular case. 5.6.2 Compensation for personal injuries (1) If a volunteer school worker suffers personal injury arising out of, or in the course of engaging in, school work or travelling to or from a place where school work is to be or has been engaged in— (a) the worker is entitled to be paid compensation; or (b) if the worker dies, the worker's partner or any child or dependant of the worker is entitled to be paid compensation. (2) If a volunteer student worker suffers personal injury arising out of or in the course of approved community work— (a) the worker is entitled to be paid compensation; or (b) if the worker dies, the worker's partner or any child or dependant of the worker is entitled to be paid compensation. S. 5.6.2(2A) inserted by No. 5/2021 s. 40(1). (2A) If a volunteer school worker or volunteer student worker who is entitled to make a claim for compensation under this Part does so in respect of a personal injury that is a mental injury, the worker is entitled to be paid provisional payments in relation to that mental injury. S. 5.6.2(2B) inserted by No. 5/2021 s. 40(1). (2B) Subsection (2A) does not apply— (a) if the claim for compensation was made before the commencement of section 11 of the **Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Act 2021**; or (b) if a claim for compensation relating to the same mental injury and circumstances has previously been determined. (3) The compensation must, in respect of personal injury suffered before 4 p.m. on 31 August 1985 be paid in accordance with and subject to the provisions of the **Workers Compensation Act 1958** as if within the meaning of that Act at the time the person so suffered the personal injury— S. 5.6.2(4) amended by Nos 58/2007 s. 38, 67/2013 s. 649(Sch. 9 item 13(4)), 5/2021 s. 40(2). (4) The compensation or provisional payments shall, in respect of personal injury suffered on or after 4 p.m. on 31 August 1985 but before 1 July 2014, be paid in accordance with and subject to the **Accident Compensation Act 1985** as if within the meaning of that Act at the time the person so suffered the personal injury— S. 5.6.2(5) inserted by No. 67/2013 s. 649(Sch. 9 item 13(5)), amended by No. 5/2021 s. 40(2). (5) The compensation or provisional payments shall, in respect of personal injury suffered on or after 1 July 2014, be paid in accordance with and subject to the **Workplace Injury Rehabilitation and Compensation Act 2013** as if, within the meaning of that Act at the time the person suffered the personal injury— S. 5.6.2A inserted by No. 58/2007 s. 39. 5.6.2A Cessation of benefits (1) If judgment is obtained, or a compromise or settlement is made, in respect of proceedings referred to in section 134AB(1) of the **Accident Compensation Act 1985** in respect of an injury, the Authority or the Crown as the employer is not liable— (a) where pecuniary loss damages (within the meaning of section 134AB of the **Accident Compensation Act 1985**) are awarded, to make payments under section 93CA, 93CB, 93CC, 93E or 93EA of that Act in respect of the injury; or (b) where pain and suffering damages (within the meaning of section 134AB of the **Accident Compensation Act 1985**) are awarded, to make payments under section 98C or 98E of that Act in respect of the injury. S. 5.6.2A(1A) inserted by No. 67/2013 s. 649(Sch. 9 item 13(6)). (1A) If judgment is obtained, or a compromise or settlement is made, in respect of proceedings referred to in section 326 of the **Workplace Injury Rehabilitation and Compensation Act 2013** in respect of an injury, the Authority or the Crown as the employer is not liable— (a) where pecuniary loss damages (within the meaning of section 325 of the **Workplace Injury Rehabilitation and Compensation Act 2013**) are awarded, to make payments under section 164, 169 or 170 of that Act in respect of the injury; or (b) where damages for pain and suffering (within the meaning of section 325 of the **Workplace Injury Rehabilitation and Compensation Act 2013**) are awarded, to make payments under Division 5 of Part 5 of that Act in respect of the injury. (2) This section applies only in respect of proceedings issued after the commencement of section 39 of the **Education and Training Reform Miscellaneous Amendments Act 2007**. 5.6.3 Compensation for damage to property (1) Subject to subsection (2), if a volunteer school worker or a volunteer student worker suffers damage to or destruction of any property that belongs to the worker or that is in the worker's possession or under the worker's control and the damage or destruction arises— (a) in the case of a volunteer school worker—out of or in the course of the carrying out of school work; and (b) in the case of a volunteer student worker—out of or in the course of the carrying out of approved community work— the Minister may authorise the payment to the owner of the property of any compensation for the damage or destruction that the Minister thinks reasonable in the circumstances. (2) A person is not entitled to recover both damages in respect of damage or destruction to any property referred to in subsection (1) and compensation under this section for that damage and destruction. (3) If a person recovers both damages and compensation in respect of damage or destruction to any property referred to in subsection (1), the amount of the compensation may be recovered from the person by the Minister by proceedings in a court of competent jurisdiction as a debt due by that person to the Crown. 5.6.4 Jurisdiction Without limiting the generality of section 5.6.2, if any question or matter arises under that section, including any question as to the amount of any compensation payable or the existence and extent of dependency— S. 5.6.4(a) amended by Nos 67/2013 s. 649(Sch. 9 item 13(7)), 13/2022 s. 17(a). (a) the County Court, the Magistrates' Court, VCAT and the Accident Compensation Conciliation Service have under this Act the same jurisdiction to hear and determine the question or matter as though it were a question or matter that arose under the **Workers Compensation Act 1958** or the **Accident Compensation Act 1985** or the **Workplace Injury Rehabilitation and Compensation Act 2013** (as the case requires); and S. 5.6.4(b) amended by No. 13/2022 s. 17(b). (b) if the County Court, the Magistrates' Court, VCAT or the Accident Compensation Conciliation Service exercises that jurisdiction such of the provisions of those Acts as are applicable apply with the necessary adaptations and modifications. S. 5.6.5 amended by Nos 58/2007 s. 40, 5/2021 s. 41. 5.6.5 Authority to represent Crown In all proceedings before the County Court, the Magistrates' Court, VCAT or the Accident Compensation Conciliation Service or a Medical Panel and generally in regard to claims for compensation and the payment of compensation and provisional payments under section 5.6.2, the Authority— (a) represents the Crown; and S. 5.6.5(b) amended by No. 67/2013 s. 649(Sch. 9 item 13(8)). (b) has the same powers, rights and authorities as an employer has under the **Workers Compensation Act 1958**, the **Accident Compensation Act 1985** or the **Workplace Injury Rehabilitation and Compensation Act 2013** (as the case requires) in regard to the corresponding matter relating to a worker under that Act. 5.6.6 Payments (1) The Authority is entitled to the reimbursement of its reasonable costs and expenses incurred in representing the Crown under section 5.6.5. S. 5.6.6(2) amended by Nos 67/2013 s. 649(Sch. 9 item 13(9)), 5/2021 s. 42. (2) The Authority must make any payment of compensation or provisional payments under section 5.6.2 out of the WorkCover Authority Fund under the **Workplace** **Injury Rehabilitation and Compensation Act 2013**. (3) There is to be paid into the WorkCover Authority Fund out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly— (a) the amounts to be reimbursed under subsection (1); and (b) the amount of any payments under subsection (2). 5.6.7 Recovery from third parties If compensation has been paid pursuant to section 5.6.2 or 5.6.3 and the personal injury, damage or destruction in respect of which compensation has been paid was caused under circumstances creating a liability on the part of some person other than the volunteer school worker or volunteer student worker to pay damages in respect of that injury, damage or destruction, the Minister may take proceedings against that person in a court of competent jurisdiction to recover from that person the amount of the compensation paid under this Part. 5.6.8 Compensation for property damage and expenses to be paid from Consolidated Fund The amount of any compensation paid under section 5.6.3 and any expenses incurred in the administration of this Part are to be paid out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly. 5.6.9 Offence A person in or in connection with any claim for compensation under this Part must not wilfully make any false statement to or otherwise wilfully mislead or attempt to mislead the Minister or any other person. Part 5.7—Scholarships 5.7.1 Scholarships at Government schools (1) If a person by subscription, gift or will founds or assists in founding a scholarship in connection with any Government school— (a) any money or property so provided must be invested in any manner in which money may be invested under the **Trustee Act 1958** or in any other manner permitted by the deed of gift or will; (b) the scholarship when founded must be open to any student on the roll of a Government school unless the deed of gift or will otherwise provides; (c) if the Government school is discontinued the Minister may direct that the scholarship is to attach to another Government school; (d) if the scholarship enabled the student to attend another education institution or undertake a course at another education institution and the institution is discontinued or no longer offers the course, the Minister may direct that the scholarship is to be used to enable the student to undertake a course at another institution; (e) if circumstances at the school are or become such as not to justify the provision of the scholarship for the purposes for which it was founded, the Minister may direct that it is to be available for some other appropriate purpose. (2) Nothing in subsection (1) limits the operation of the **Charities Act 1978**. S. 5.7.1(3) amended by No. 58/2007 s. 41. (3) The trustee of a scholarship is not liable for breach of trust arising solely from the trustee's application of the money or property of the scholarship in accordance with a direction of the Minister given under subsection (1). 5.7.2 Minister's powers to grant scholarships (1) The Minister may grant to a person a scholarship at any school, university or other educational institution subject to any terms or conditions prescribed by the regulations. (2) A scholarship granted by the Minister entitles the holder to the benefits and allowances that are prescribed by the regulations. (3) If the Minister grants to a person a scholarship at any school, university or other educational institution that is discontinued after the grant of the scholarship, the Minister may direct that the scholarship attaches instead to some other school, university or other educational institution. Pt 5.7A (Headings and ss 5.7A.1–5.7A.28) inserted by No. 28/2010 s. 17. Part 5.7A—Mildura schools land Division 1—Introductory S. 5.7A.1 inserted by No. 28/2010 s. 17. 5.7A.1 Purpose of this Part (1) The purpose of this Part is to re-enact and modernise the provisions of the **Mildura College Lands Act 1916**. (2) The provisions of the **Mildura College Lands Act 1916** gave legislative force to a trust over certain land in the Mildura region, the trust being set up by George and William Chaffey in 1887 to benefit an agricultural college to be built in that region, but which ultimately benefited the Mildura Agricultural High School and its successors and subsequently other schools in that region. S. 5.7A.2 inserted by No. 28/2010 s. 17. 5.7A.2 Definitions ***beneficiary schools*** means the schools declared to be beneficiary schools in the Order made under section 5.7A.6 and any Order made under section 5.7A.7; Section 6.1.18(9) is a transitional provision, which provides that, until an Order is made under section 5.7A.6, a beneficiary school is taken to be any school listed as a beneficiary in Schedule 2 to the **Mildura College Lands Act 1916** before its repeal. ***beneficiary schools region*** means that part of the municipal district of the Mildura Rural City Council that is bounded by the Murray River, Meridian Road, Wood Road and the imaginary extension of Meridian Road in a direct line north to the Murray River, the imaginary extension of Wood Road in a direct line to Wilga Road, Wilga Road until it intersects with the Calder Highway, the Calder Highway from Wilga Road until it intersects with Castle Crossings Road, Castle Crossings Road from the Calder Highway until it intersects with Kulkyne Way and the imaginary extension of Castle Crossings Road from that intersection in a direct line east to the Murray River; S. 5.7A.2 def. of *Central Plan Office* repealed by No. 53/2017 s. 74. ** * * * ** ***Mildura schools land*** has the meaning set out in section 5.7A.3; ***school*** means a registered school; ***special fund*** means the fund established under Division 4; ***trustee agreement*** means an agreement referred to in section 5.7A.18; ***trustee company*** means the trustee company that enters into a trustee agreement with the Minister under section 5.7A.18; ***valuer-general*** means the valuer-general within the meaning of the **Valuation of Land Act** **1960**; S. 5.7A.3 inserted by No. 28/2010 s. 17. 5.7A.3 Mildura schools land For the purposes of this Part, the ***Mildura schools land*** means— (a) all the parcels of land shown as the Mildura schools land on the plans numbered LEGL./09–397 and LEGL./09–398 and lodged in the Central Plan Office; and (b) any additional land purchased and held by the Minister for the purposes of this Part— but does not include any part of the Mildura schools land sold by the Minister under this Part or otherwise disposed of in fee simple. Under section 5.7A.5, Orders are made varying the Mildura schools land when any of that land is sold or additional land is purchased by the Minister under this Part, or any of the lots of land comprising the Mildura schools land are subdivided or consolidated. Each Order will approve a consolidated plan or plans, which must incorporate all variations to the land as at the date of the Order. The plan or plans will replace the original plans referred to in this section and any subsequent consolidated plans. S. 5.7A.4 inserted by No. 28/2010 s. 17. 5.7A.4 Land purchased under this Part to vest in the Minister administering this Part (1) All land purchased for the purposes of this Part by the Minister is vested in the Minister administering Part 5.7A of the **Education and Training Reform Act 2006** and that Minister is deemed to be the registered proprietor of the land. (2) The Registrar of Titles*,* on being requested to do so and on delivery of any relevant certificate of title and any other documentation that the Registrar of Titles considers necessary, must make any amendments in the Register that are necessary because of the operation of subsection (1). S. 5.7A.5 inserted by No. 28/2010 s. 17. 5.7A.5 Variation to Mildura schools land by Order (1) The Governor in Council may by Order vary the Mildura schools land by doing any one or more of the following— (a) removing land from the Mildura schools land that has been sold by the Minister under this Part or otherwise disposed of in fee simple; (b) adding land to the Mildura schools land that has been purchased by the Minister for the purposes of this Part; (c) changing the number of lots of land that comprise the Mildura schools land because of a subdivision or consolidation of any part or parts of that land. (2) An Order under this section varying the Mildura schools land must approve a consolidated plan or plans of that land incorporating all variations to the land made under this section up to the date of the Order. (3) An Order under this section must be made on the recommendation of the Minister. (4) The Minister must not make a recommendation under subsection (3) unless the Minister has received the appropriate consolidated plan or plans and any other necessary plan, which has been— (a) signed by the Surveyor-General; and (b) lodged at the Central Plan Office. (5) An Order under this section must be made as soon as practicable— (a) after any part of the Mildura schools land is sold by the Minister under this Part or otherwise disposed of in fee simple; or (b) land is purchased by the Minister for the purposes of this Part; or (c) the number of the lots of land that comprise the Mildura schools land is changed because of a subdivision or consolidation of any part or parts of that land. (6) An Order under this section— (b) takes effect on the day that it is published in the Government Gazette or, if a later day is specified in the Order, on that day. (7) An Order under this section approving a consolidated plan or plans of the Mildura schools land revokes and replaces any existing approved consolidated plan or plans for the Mildura schools land. S. 5.7A.6 inserted by No. 28/2010 s. 17. 5.7A.6 First Order declaring beneficiary schools (1) Subject to subsection (2), the Governor in Council must by Order declare every school listed as a beneficiary in Schedule 2 to the **Mildura College Lands Act 1916**, which is operating as a school immediately before the repeal of that Act, to be a beneficiary school for the purposes of this Part. (2) If the name of a school listed as a beneficiary in Schedule 2 to the **Mildura College Lands Act** **1916** immediately before the repeal of that Act has changed before that repeal, the declaration of that school in subsection (1) must refer to the new name of the school. (3) The Order under this section— (b) takes effect on the day that it is published in the Government Gazette or, if a later day is specified in the Order, on that day. Section 6.1.18(9) is a transitional provision, which provides that, until an Order is made under section 5.7A.6, a beneficiary school is taken to be any school listed as a beneficiary in Schedule 2 to the **Mildura College Lands Act 1916** before its repeal. S. 5.7A.7 inserted by No. 28/2010 s. 17. 5.7A.7 Further Orders varying beneficiary schools (1) The Governor in Council may by Order vary the beneficiary schools declared in the Order under section 5.7A.6 or in an Order under this section by doing any or all of the following— (a) declaring an additional school to be a beneficiary school for the purposes of this Part; (b) revoking a previous declaration of a school as a beneficiary school for the purposes of this Part; (c) changing the name of a school declared to be a beneficiary school for the purposes of this Part. (2) An Order under this section varying the beneficiary schools must approve a consolidated list of schools declared to be beneficiary schools for the purposes of this Part incorporating all variations to those schools made under this section up to the date of the Order. (3) An Order under this section approving a consolidated list of beneficiary schools revokes and replaces any existing approved consolidated list of beneficiary schools. (4) An Order under this section must be made on the recommendation of the Minister. (5) An Order under this section— (b) takes effect on the day that it is published in the Government Gazette or, if a later day is specified in the Order, on that day. (6) The Minister must not make a recommendation under subsection (4) unless the Minister is of the opinion that the school is in the beneficiary schools region. (7) If the name of a beneficiary school is varied, the variation of the name does not affect the school's entitlement to be paid an amount under section 5.7A.21. S. 5.7A.8 inserted by No. 28/2010 s. 17. 5.7A.8 Orders to be tabled in Parliament S. 5.7A.8(1) amended by No. 14/2013 s. 18(1). (1) The Minister must cause a copy of any Order under this Division to be laid before each House of the Parliament on or before the 6th sitting day after the publication of the Order in the Government Gazette. S. 5.7A.8(2) substituted by No. 14/2013 s. 18(2). (2) Section 16B of the **Subordinate Legislation Act 1994** applies to an Order under this Division as if the Order were a legislative instrument within the meaning of that Act published in the Government Gazette in accordance with section 16A of that Act. Division 2—Dealings with Mildura schools land Subdivision 1—Leasing of land S. 5.7A.9 inserted by No. 28/2010 s. 17. 5.7A.9 Power of Minister to lease Mildura schools land (1) Subject to this Subdivision, the Minister may grant a lease of any part of the Mildura schools land. (2) A lease granted under this section— (a) must be for a specific term determined by the Minister; and (b) subject to this Subdivision, is subject to the terms, rent, covenants, conditions and restrictions determined by the Minister. S. 5.7A.10 inserted by No. 28/2010 s. 17. 5.7A.10 Rent to be determined on basis of valuation of land Rent on a lease of land granted under this Subdivision must— (a) be determined on the basis of a valuation of the land by the valuer-general; and (b) be reviewed according to whichever of the following methods of review is provided for by the lease— (i) at the end of every third year on the basis of a further valuation of the land by the valuer-general; or S. 5.7A.10 (b)(ii) substituted by No. 44/2014 s. 33(Sch. item 8), amended by No. 37/2015 s. 27. (ii) at the end of each year of the lease by the application of the all groups consumer price index for Melbourne in original terms last published by the Australian Bureau of Statistics in that year. S. 5.7A.11 inserted by No. 28/2010 s. 17. 5.7A.11 Valuation of land to include value of improvements Any valuation by the valuer-general made for the purposes of this Subdivision must include in the valuation any improvements on the land unless— (a) those improvements were made by the current leaseholder; or (b) a payment in respect of those improvements was made by the current leaseholder to the previous leaseholder upon assignment of the lease to the current leaseholder. S. 5.7A.12 inserted by No. 28/2010 s. 17. 5.7A.12 Leaseholder may apply for review to VCAT (1) The holder of a lease of land granted under this Subdivision may apply to VCAT for review of a decision made by the valuer-general with respect to the valuation of the land for the purposes of this Subdivision. (a) the day on which the decision is made; (b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. S. 5.7A.13 inserted by No. 28/2010 s. 17. 5.7A.13 Ownership of improvements on leased land (1) The ownership of any improvements on any land leased under this Subdivision remains with the current leaseholder if that leaseholder— (a) made the improvements; or (b) paid the previous leaseholder for the improvements on assignment of the lease to the leaseholder. (2) If a leaseholder owns improvements on land leased under this Subdivision and— (a) the lease is terminated; and (b) there are no lawful assignees of the lease; and (c) the leaseholder does not remove the improvements— the improvements become the property of the Minister. Subdivision 2—Easements over land S. 5.7A.14 inserted by No. 28/2010 s. 17. 5.7A.14 Power of Minister to grant easements over Mildura schools land The Minister may grant or create in favour of any person an easement over or in respect of any part of the Mildura schools land for the periods and on the terms and conditions determined by the Minister. Subdivision 3—Sale and purchase of land S. 5.7A.15 inserted by No. 28/2010 s. 17. 5.7A.15 Minister holds Mildura schools land on trust for sale The Mildura schools land is held by the Minister on trust for sale or other disposition of that land for the benefit of the beneficiary schools with power to postpone the sale or other disposition for an indefinite period. S. 5.7A.16 inserted by No. 28/2010 s. 17. 5.7A.16 Power of Minister to purchase additional land The Minister may purchase land in fee simple for the purposes of this Part with money standing to the credit of the special fund. Subdivision 4—Subdivision or consolidation of land S. 5.7A.17 inserted by No. 28/2010 s. 17. 5.7A.17 Power of Minister to subdivide or consolidate land The Minister may subdivide or consolidate any part or parts of the Mildura schools land for the purpose of— (a) leasing any part of the land under this Part; or (b) selling any part of the land under this Part; or (c) any other disposition of the land in fee simple. Division 3—Distribution and use of rents and profits S. 5.7A.18 inserted by No. 28/2010 s. 17. 5.7A.18 Power of Minister to enter agreement with trustee Without limiting any other power of the Minister, he or she may enter into an agreement with a trustee company within the meaning of the **Trustee Companies Act 1984** for the provision by that company of services with respect to all or any part of the Mildura schools land or the management and administration of— (a) any rents and profits arising from the granting of a lease of any part of that land; or (b) the special fund. S. 5.7A.19 inserted by No. 28/2010 s. 17. 5.7A.19 Agreement to provide for establishment of funds for rents and profits A trustee agreement must provide for one or more funds to be established by the trustee company for the benefit of the beneficiary schools into which the rents and profits referred to in section 5.7A.18(a) must be paid. S. 5.7A.20 inserted by No. 28/2010 s. 17. 5.7A.20 Agreement to provide for costs to be paid out of funds A trustee agreement must provide for the following costs to be paid out of the fund or funds referred to in section 5.7A.19— (a) the costs incurred in connection with any subdivision or consolidation of any part or parts of the Mildura schools land, for the purpose of leasing or selling any part of the land or for the purpose of any other disposition of any part of the land in fee simple, including the laying out and construction of any roads and streets; (b) the costs incurred by the Minister in connection with the administration of this Part. S. 5.7A.21 inserted by No. 28/2010 s. 17. 5.7A.21 Agreement to provide for money in funds to be distributed to beneficiary schools (1) A trustee agreement must provide that, after costs have been deducted in accordance with section 5.7A.20 from the fund or funds referred to in section 5.7A.19, the remaining money standing to the credit of the fund or funds must be set aside and paid, subject to subsection (2), to each beneficiary school at the end of every quarter in accordance with the following— (a) if no direction is given by the Minister under section 5.7A.22, the following formula— ![]() where— A is the number of students enrolled in the beneficiary school as at the preceding 28 February; B is the total number of students enrolled in all beneficiary schools as at the preceding 28 February; C is the total amount to be distributed from the fund or funds; D is the amount to be paid to the school; (b) any direction given by the Minister under section 5.7A.22. (2) If the number of students enrolled in a beneficiary school that is entitled to be paid an amount under subsection (1) has not been ascertained by the trustee company by the end of the first quarter, the agreement is taken to provide that the trustee company is to pay that amount as soon as possible after ascertaining the number of students. S. 5.7A.22 inserted by No. 28/2010 s. 17. 5.7A.22 School councils may recommend that distribution of income be varied If the school councils and governing bodies of all the beneficiary schools recommend to the Minister that the distribution of income amongst them be varied in a specified manner, the Minister may direct the trustee company to act in accordance with any such recommendation until superseded by a subsequent direction by the Minister under this section. S. 5.7A.23 inserted by No. 28/2010 s. 17. 5.7A.23 Agreement to provide for reports by trustee company A trustee agreement must provide for the submission of quarterly financial reports by the trustee company to the Minister. S. 5.7A.24 inserted by No. 28/2010 s. 17. 5.7A.24 Distribution amount to be paid to school (1) The school council or governing body of a beneficiary school entitled to be paid an amount under section 5.7A.21 may request that the Minister give approval for the amount to be paid in parts as requested from time to time by the council or body. (2) The Minister may approve a request under subsection (1). (3) The trustee company must pay to the school council or governing body of a beneficiary school or a person or body acting on behalf of that council or governing body— (i) if there is no approval given under subsection (2), the whole amount that the school is entitled to be paid under section 5.7A.21; or (ii) the part of that amount that is from time to time requested in accordance with an approval under subsection (2). S. 5.7A.25 inserted by No. 28/2010 s. 17. 5.7A.25 Use of distributed money by school councils and governing bodies (1) The school council or governing body of a beneficiary school to or on behalf of which money is paid under section 5.7A.24 holds the money on trust for the benefit of that school. (2) The school council or governing body holding money for the benefit of a school under subsection (1) must use the money together with any interest earned on the money for any of the following purposes— (a) the provision, erection, re-erection, extension, repair, maintenance and renewal of buildings; (b) the maintenance of grounds; (c) the provision and maintenance of equipment (including sports equipment) for or in connection with the school. (3) The school council or governing body of a beneficiary school may invest money paid to it under section 5.7A.24, including any interest earned on that money, which is not for the time being required for any of the purposes referred to in subsection (2). (4) A school council or governing body must invest any money paid to it under section 5.7A.24, including any interest earned on that money— (a) in any manner in which a trustee may invest trust funds under the **Trustee Act 1958**; and (b) in accordance with any guidelines issued by the Minister. Division 4—Proceeds derived from disposition of land or creation of easement over land S. 5.7A.26 inserted by No. 28/2010 s. 17. 5.7A.26 Proceeds of dispositions of land and easements to be paid into special fund (1) The following must be paid into a fund to be established for this purpose (the ***special fund***)— (a) the proceeds arising from the sale or other disposition under this Part of any part of the Mildura schools land; (b) the proceeds arising from any other disposition in fee simple of any part of the Mildura schools land; (c) the proceeds arising from the granting of an easement over or in respect of any part of the Mildura schools land. (2) The proceeds paid into the special fund under subsection (1) must be invested in the purchase of land in fee simple for the purposes of this Part at a time to be determined by the Minister and, until so invested, must continue to be held in the special fund. S. 5.7A.27 inserted by No. 28/2010 s. 17. 5.7A.27 Income derived from proceeds treated as rent and profits All income derived from money standing to the credit of the special fund must be applied in the same manner that would be applicable in accordance with Division 3 as if the income were rents and profits arising from a grant of a lease under Division 2 and this Part has effect in relation to the income accordingly. S. 5.7A.28 inserted by No. 28/2010 s. 17. 5.7A.28 Division has effect despite contrary law This Division has effect despite any rule of law to the contrary or any provision to the contrary made by or under any Act (other than the **Charter of Human Rights and Responsibilities Act 2006**) or by any instrument. Part 5.8—Enforcement Pt 5.8 Div. 1 (Heading) inserted by No. 71/2010 s. 38. Division 1—Appointment of authorised officers 5.8.1 Authorised officers S. 5.8.1(1) substituted by No. 39/2012 s. 21. (1) The Secretary or the Authority may appoint any of the following persons as an authorised officer for the purposes of this Act relating to apprentices— (a) a person employed under the **Public Administration Act 2004** in the administration of Part 3.1, 3.2 or 5.5 or Chapter 4; S. 5.8.1(1)(b) amended by Nos 73/2012 s. 109(3), 76/2013 s. 13, 69/2015 s. 14. (b) a person employed by a TAFE institute or a university; (c) a person employed by an approved training agent. (2) The Institute may appoint a person employed under section 2.6.65 as an authorised officer for the purposes of this Act. (3) The Authority may appoint a person employed under the **Public Administration Act 2004** in the administration of Chapter 4 as an authorised officer for the purposes of this Act. S. 5.8.1(4) inserted by No. 71/2010 s. 39. (4) The Authority may appoint any of the following persons as an authorised officer for the purposes of Subdivision 3 of Division 3— (a) a person employed under Part 3 of the **Public Administration Act 2004**; or (b) a person employed by a public entity within the meaning of section 5 of the **Public Administration Act 2004**. S. 5.8.1(5) inserted by No. 71/2010 s. 39. (5) The Secretary, Institute or Authority must not appoint an authorised officer under this section unless the Secretary, Institute or Authority is satisfied that the person is appropriately qualified or has successfully completed appropriate training. 5.8.2 Identification (1) The person who appoints an authorised officer must furnish the authorised officer with an identification card bearing a recent photograph of the officer. (2) An authorised officer must produce his or her identity card for inspection— (a) before exercising a power under this Act; and (b) at any time during the exercise of a power under this Act, if asked to do so. S. 5.8.2(3) inserted by No. 71/2010 s. 40. (3) On appointing an authorised officer under section 5.8.1(4) the Authority must issue a document to that officer, which must— (a) set out the name of the officer; and (b) set out the powers under Subdivision 3 of Division 3, which the authorised officer is authorised to exercise; and (c) include information about a person's right to make a complaint to the Authority about the exercise of a power by an authorised officer appointed under section 5.8.1(4). S. 5.8.2A inserted by No. 71/2010 s. 41. 5.8.2A Authorised officer must return identity card to Authority If an authorised officer's appointment under section 5.8.1(4) is revoked or expires, the officer must return his or her identity card to the Authority as soon as is practicable. S. 5.8.2AB inserted by No. 31/2018 s. 59. 5.8.2AB Complaints against authorised officers (1) Any person may complain to the Authority about the exercise of a power under this Act by an authorised officer appointed by the Authority. (2) The Authority must— (a) investigate any complaint made to the Authority; and (b) provide a written report to the complainant on the results of the investigation. Pt 5.8 Div. 2 (Heading) inserted by No. 71/2010 s. 42. Division 2—Enforcement powers that do not relate to RTOs S. 5.8.2B inserted by No. 71/2010 s. 42. 5.8.2B Application of this Division This Division does not apply in respect of an RTO. 5.8.3 Powers of authorised officers S. 5.8.3(1) amended by No. 39/2012 s. 22(1). (1) An authorised officer appointed by the Secretary or the Authority under section 5.8.1(1)— (a) with any necessary help, may enter, at any time during ordinary working hours on any day, any premises where an apprentice is employed or where the officer has reasonable cause to believe that an apprentice is employed; and (b) in the case of a place referred to in paragraph (a)— (i) may require the production of any documents relating to the employment of any apprentice required to be kept under this or any other Act or under the National Training Wage Award made by the Australian Industrial Relations Commission as varied from time to time, and inspect and examine them and take copies or extracts from them; and (ii) may make any inquiries that appear to be necessary to ascertain whether the provisions of Part 5.5 are being or have been complied with. (2) An authorised officer appointed by the Institute with any necessary help, may enter, at any time during ordinary working hours on any day, any premises— (a) where a person is undertaking teaching duties or where the officer has reasonable cause to believe that a person is undertaking teaching duties; and (b) may make any inquiries or inspect and examine any documents relating to the matters referred to in Part 2.6 and take copies or extracts from those documents. S. 5.8.3(3) amended by Nos 39/2012 s. 22(2), 33/2020 s. 11(1)(a). (3) An authorised officer appointed by the Authority under section 5.8.1(3) with any necessary help, may enter, at any time during ordinary working hours (except in the case of a school boarding premises in which case the hours of entry are between 7 a.m. and 9 p.m.) on any day, any premises— S. 5.8.3(3)(a) amended by No. 33/2020 s. 11(1)(b). (a) where, or where the officer has reasonable cause to believe that a school or a school boarding premises registered or required to be registered under Part 4.3 is being carried on or conducted; and S. 5.8.3(3)(b) amended by No. 70/2008 s. 39(2). (b) where, or where the officer has reasonable cause to believe that, a person, body or school registered under Part 4.3 is providing a course or part of a course; and (c) where, or where the officer has reasonable cause to believe that, an institution approved or deemed to be approved to operate as a University under Part 4.3 is so operating; and (d) where, or where the officer has reasonable cause to believe that an institution is conducting a course of study accredited under Part 4.4; and (e) where, or where the officer has reasonable cause to believe that, a person or body approved under Part 4.5 is providing a course or part of a course to overseas students; and S. 5.8.3(3)(ea) inserted by No. 58/2007 s. 42(a). (ea) where, or where the officer has reasonable cause to believe that, a person, organisation or registered school approved under Part 4.5A to operate a student exchange program is operating a student exchange program; and S. 5.8.3(3)(f) amended by No. 3/2008 s. 6, substituted by No. 33/2020 s. 11(1)(c). (f) in the case of a premises referred to in paragraph (a), may do any of the following— (i) make any inquiries; (ii) inspect or examine the attendance register of a school or the location records of students boarding at a school boarding premises; (iii) inspect and examine any documents relating to the prescribed minimum standards for registration of schools or the prescribed minimum standards for registration of school boarding premises; (iv) take copies or extracts from any documents that have been inspected or examined; and (g) in the case of a place referred to in paragraph (b), may make any inquiries or inspect and examine any documents relating to the matters referred to in section 4.3.11 or 4.3.33 and take copies or extracts from those documents; and (h) in the case of a place referred to in paragraph (c), may make any inquiries or inspect and examine any documents relating to the matters referred to in section 4.3.30 or 4.3.33 or guidelines made under those sections and take copies or extracts from those documents; and (i) in the case of a place referred to in paragraph (d), may make any inquiries or inspect and examine any documents relating to the matters referred to in section 4.4.2 or guidelines made under that section about those matters and take copies or extracts from those documents; and (j) in the case of a place referred to in paragraph (e), may make any inquiries or inspect and examine any documents relating to the matters referred to in section 4.5.1 or guidelines made under that section about those matters and take copies or extracts from those documents; and S. 5.8.3(3)(k) amended by Nos 58/2007 s. 42(b), 23/2021 s. 73(1). (k) in the case of a place referred to in paragraph (e), may make any inquiries or inspect and examine any documents relating to the matters that are specified in a notice under section 5.8.10 that have not been produced to the Authority or any person or committee appointed by the Authority and take copies or extracts from those documents; and S. 5.8.3(3)(l) inserted by No. 58/2007 s. 42(c), amended by No. 19/2008 s. 14(g). (l) in the case of a place referred to in paragraph (ea), may make any inquiries or inspect and examine any documents relating to the matters referred to in section 4.5A.1 or guidelines made under that section about those matters and take copies or extracts from those documents. S. 5.8.3(3A) inserted by No. 23/2021 s. 73(2). (3A) Subject to subsections (4) and (5), while exercising a power of entry under this section, the authorised officer may— (a) search any part of the premises; and (b) inspect and examine any document or thing at the premises; and (c) observe any activity being conducted at the premises; and (d) seize any document or any other thing at the premises for the purposes of inspecting, examining or testing it; and (e) make copies of, or take extracts from, any document at the premises; and (f) take photographs, or make any type of recording or sketches, of any document, thing or activity at the premises. S. 5.8.3(4) inserted by No. 71/2010 s. 43, amended by No. 33/2020 s. 11(2). (4) An authorised officer may not exercise any power under this section in relation to premises used or used mainly as residential premises (other than a school boarding premises), except with the consent of the occupier. S. 5.8.3(5) inserted by No. 71/2010 s. 43. (5) An authorised officer may not exercise any power under this section in relation to premises if the occupier of the premises has required the officer to produce his or her identification card for inspection by the occupier and the officer fails to comply with the requirement. S. 5.8.3AA inserted by No. 23/2021 s. 74. 5.8.3AA Receipt must be given for any thing seized S. 5.8.3AA(1) amended by No. 6/2024 s. 16(1). (1) Subject to subsection (2), an authorised officer must not seize any document or thing apparently in the possession or custody of a person under section 5.8.3 unless the authorised officer gives the person a receipt for the document or thing seized that— (a) identifies the document or thing; and (b) states the name of the officer and the reason why the document or thing is being seized. S. 5.8.3AA(2) substituted by No. 6/2024 s. 16(2). (2) If an authorised officer is unable to discover the identity of the lawful owner of a document or thing seized under section 5.8.3, or the person from whose custody a document or thing is seized under that section, the authorised officer must leave a receipt for the document or thing seized at the premises that— (a) identifies the document or thing; and (b) states the name of the officer and the reason why the document or thing is being seized. S. 5.8.3AB inserted by No. 23/2021 s. 74. 5.8.3AB Copies of seized documents (1) If an authorised officer retains possession of a document seized from a person under section 5.8.3, the officer must give the person, within 21 days of the seizure, a copy of the document certified as correct by the authorised officer. (2) A copy of a document certified under subsection (1) is to be received in all courts and tribunals to be evidence of equal validity to the original. S. 5.8.3AC inserted by No. 23/2021 s. 74. 5.8.3AC Retention and return of seized documents or things (1) If an authorised officer seizes a document or thing under section 5.8.3, the officer must take reasonable steps to return the document or thing to the person from whom it was seized if the reason for its seizure no longer exists. (2) If the document or thing seized has not been returned within 3 months after it was seized, the authorised officer must take reasonable steps to return it unless— (a) proceedings for the purpose for which the document or thing was retained have commenced within that 3-month period and those proceedings (including any appeal) have not been completed; or (b) the Magistrates' Court makes an order under section 5.8.3AD extending the period during which the document or thing may be retained. S. 5.8.3AD inserted by No. 23/2021 s. 74. 5.8.3AD Magistrates' Court may extend 3-month period (1) An authorised officer may apply to the Magistrates' Court— (a) within 3 months after seizing a document or thing under section 5.8.3; or (b) if an extension has been granted under this section, before the end of the period of the extension— for an extension (not exceeding 3 months) of the period for which the officer may retain the document or thing but so that the total period of retention does not exceed 12 months. (2) The Magistrates' Court may order an extension under this section if it is satisfied that— (a) it is in the interests of justice; and (b) the total period of retention does not exceed 12 months; and (c) retention of the document or thing is necessary— (i) for the purposes of an investigation into whether a contravention of this Act, the regulations or the Child Safe Standards has occurred; or (ii) to enable evidence of a contravention of this Act, the regulations or the Child Safe Standards to be obtained for the purposes of a proceeding under this Act. (3) At least 7 days prior to the hearing of an application under this section, notice of the application must be sent to the owner of the document or thing described in the application. Pt 5.8 Div. 3 (Heading and ss 5.8.3A–5.8.3Z) inserted by No. 71/2010 s. 44. Division 3—Enforcement powers relating to RTOs Subdivision 1—General S. 5.8.3A inserted by No. 71/2010 s. 44. 5.8.3A Application of Division (1) This Division applies only in respect of an RTO. S. 5.8.3A(2) substituted by No. 37/2014 s. 10(Sch. item 49.4). (2) In this Division ***RTO*** does not include Victoria Police. S. 5.8.3B inserted by No. 71/2010 s. 44. 5.8.3B Definitions ***occupier*** in relation to relevant premises means a natural person who— (a) if the premises or part of the premises is being used for residential purposes, is the occupier of the premises or the part of the premises; or (b) in any other case, is or appears to be at least 16 years of age and who is or appears to be in charge of the premises; ***relevant premises*** means any premises— (a) from which an RTO carries on the business of providing vocational education and training; or (b) from which the business of providing vocational education and training is carried out and that is occupied by an RTO; or (c) that is the registered office under the Corporations Act or the principal place of business of an RTO; S. 5.8.3B def. of *relevant law* substituted by No. 23/2021 s. 75. ***relevant law*** means— (a) this Act and the regulations; or (b) the RTO standards within the meaning of Chapter 4; or (c) an undertaking given under this Division that is subject to a court order; or (d) in relation to an RTO that is a relevant entity, the Child Safe Standards. Subdivision 2—Warnings S. 5.8.3C inserted by No. 71/2010 s. 44. 5.8.3C Warning notice to public about RTO (1) If satisfied it is in the public interest to do so, the Authority may publish or cause to be published a notice containing statements or giving warnings or information about both or either of the following— (a) that an RTO specified in the notice is under investigation for compliance with a relevant law; (b) the possible risks involved in participating in activities or the kind of activities or using the services or the kind of services specified in the notice. (2) A notice under this section must be published in the Government Gazette and in a newspaper circulating generally throughout the State. Subdivision 3—Powers of authorised officers S. 5.8.3D inserted by No. 71/2010 s. 44. 5.8.3D Authorised officers defined for this Subdivision In this Subdivision ***authorised officer*** means an authorised officer appointed under section 5.8.1(4). S. 5.8.3E inserted by No. 71/2010 s. 44. 5.8.3E Production of identity card (1) An authorised officer must produce for inspection his or her identity card and the document issued under section 5.8.2(3) setting out the powers under this Subdivision, which the officer is authorised to exercise— (a) before exercising a power under this Subdivision, other than a requirement made by post; and (b) at any other time during an inspection or search of any premises if asked to do so. (2) It is not necessary for an authorised officer to comply with a request to produce his or her identity card and document under subsection (1), if— (a) the request is made by a person to whom the officer has already produced his or her identity card and document before or during the exercise of a power under this Subdivision; and (b) the officer considers the request to be unreasonable or made for the purpose of delaying or hindering the exercise of a power under this Subdivision. S. 5.8.3F inserted by No. 71/2010 s. 44. 5.8.3F Searches of premises to monitor compliance with a relevant law (1) For the purposes of monitoring compliance with the relevant law, an authorised officer may, subject to this section— (a) enter and search any relevant premises; (b) open an unlocked door, panel, object or other thing or open an unlocked place at the premises; (c) move, but not take away, any thing on the premises that is not locked or sealed; (d) check the existence of and inspect any facilities or equipment required to be installed, used or maintained on the premises by a relevant law; (e) in the case of any document required to be kept on the premises by a relevant law— (i) require the document to be produced for examination; (ii) inspect and make copies of, or take extracts from, the document or arrange for the making of copies or the taking of extracts to be done on the premises or elsewhere; (iii) remove the document for so long as is reasonably necessary to make copies or take extracts from the document; (f) inspect any thing found on or in the premises that the officer believes on reasonable grounds provides, or may on further inspection provide, evidence of a contravention of a relevant law; (g) use any assistants the officer considers necessary to exercise the powers conferred by this section. (2) Before requiring a person to comply with a requirement to assist the authorised officer in the exercise of a power under subsection (1) the officer must— (a) warn the person that a refusal or failure to comply with the requirement, without reasonable excuse, is an offence; and (b) warn the person that it is an offence to hinder, obstruct or delay an authorised officer in the exercise of a power under subsection (1); and (c) inform the person of the effect of section 5.8.3S. (3) An authorised officer may only enter relevant premises and exercise a power under subsection (1) at any reasonable hour in the daytime or at any time that the premises are open to the public, unless the occupier has consented to the entry and to the exercise of the power at a time outside of those times. (4) An authorised officer must not enter, or exercise a power under subsection (1) in, any part of relevant premises that is used for residential purposes. (5) An authorised officer must not enter relevant premises under this section if it is unattended. (6) If an authorised officer enters relevant premises under this section and finds it unattended, the officer must— (a) leave a notice for the occupier— (i) informing the occupier that an entry has occurred; and (ii) setting out the provisions of this Act under which the officer had entered the premises; and (iii) setting out the officer's contact details; and (b) immediately leave the premises. (7) An authorised officer may exercise powers under this section only to the extent that it is reasonably necessary to do so for the purposes of determining compliance with the relevant law. S. 5.8.3G inserted by No. 71/2010 s. 44. 5.8.3G Entry and search of relevant premises with consent if alleged contravention (1) If an authorised officer believes, on reasonable grounds, that a person has contravened a relevant law and that there may be evidence of the alleged contravention at any relevant premises, the officer, with the consent of the occupier of the premises, may, subject to this section— (a) enter and search the premises; (b) seize and take any thing found on the premises, which the officer believes on reasonable grounds, to be connected with the alleged contravention; (c) in the case of any document on the premises, if the officer believes, on reasonable grounds, that it is connected with the alleged contravention, the officer may do all or any of the following— (i) require the document to be produced for examination; (ii) examine, make copies or take extracts from the document, or arrange for the making of copies or the taking of extracts to be done on the premises or elsewhere; (iii) remove the document for so long as is reasonably necessary to make copies or take extracts from the document; (d) make any still or moving image or audio‑visual recording that the officer believes, on reasonable grounds, is necessary for the purpose of establishing the alleged contravention; (e) use any assistants the officer considers necessary to exercise the powers conferred by this section. (2) Before requiring a person to comply with a requirement to assist the authorised officer in the exercise of a power under subsection (1) the officer must— (a) warn the person that a refusal or failure to comply with the requirement, without reasonable excuse, is an offence; and (b) warn the person that it is an offence to hinder, obstruct or delay an authorised officer in the exercise of a power under subsection (1); and (c) inform the person of the effect of section 5.8.3S. (3) An authorised officer must not enter, or exercise a power under subsection (1) in, any part of relevant premises that is used for residential purposes. S. 5.8.3H inserted by No. 71/2010 s. 44. 5.8.3H Procedure for obtaining consent to searches under section 5.8.3F or 5.8.3G (1) An authorised officer must not enter and search any relevant premises under section 5.8.3F or 5.8.3G with the consent of the occupier unless, before the occupier consents to that entry, the officer has— (a) produced for inspection his or her identity card and the document issued under section 5.8.2(3) setting out the powers under the relevant section, which the officer is authorised to exercise; and (b) informed the occupier— (i) of the purpose of the search; and (ii) that the occupier may refuse to give consent to the entry and search or to the seizure of any thing found during the search; and (iii) that the occupier may refuse to consent to the taking of any copy or extract from a document found on the premises during the search; and (iv) that any thing seized or taken during the search with the consent of the occupier may be used in evidence in proceedings. (2) If an occupier consents to an entry and search, the authorised officer who requested consent must before entering the relevant premises ask the occupier to sign an acknowledgment stating— (a) that the occupier has been informed of the purpose of the search and that any thing seized or taken in the search with the consent of the occupier may be used in evidence in proceedings; and (b) that the occupier has been informed that he or she may refuse to give consent to the entry and search or to the seizure of any thing or to the taking of any copy or extract; and (c) that the occupier has consented to the entry and search; and (d) the date and time that the occupier consented. (3) If an occupier consents to the seizure or taking of any thing during a search under section 5.8.3F or 5.8.3G, the authorised officer must, before seizing or taking the thing, ask the occupier to sign an acknowledgment stating— (a) that the occupier has consented to the seizure or taking of the thing; and (b) the date and time that the occupier consented. (4) An occupier who signs an acknowledgment must be given a copy of the signed acknowledgment before the authorised officer leaves the relevant premises. (5) If, in any proceeding, an acknowledgment is not produced to the court or a tribunal, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry and search or to the seizure or the taking of the thing. (6) For the purposes of this Part, a person does not obstruct or hinder an authorised officer by refusing to consent to an entry or the exercise of a power under section 5.8.3F or 5.8.3G. (7) Consent given under this section may be withdrawn at any time. (8) If consent given under this section is withdrawn, the exercise of any power under section 5.8.3F or 5.8.3G that is reliant on that consent must immediately cease. S. 5.8.3I inserted by No. 71/2010 s. 44. 5.8.3I Search warrants (1) An authorised officer may apply to a magistrate for the issue of a search warrant in relation to particular relevant premises or former relevant premises, if the officer believes on reasonable grounds that there is on the premises evidence that a person or persons may have contravened a relevant law. S. 5.8.3I(2) amended by No. 6/2018 s. 68(Sch. 2 item 44). (2) If a magistrate is satisfied, by the evidence, on oath or by affirmation or by affidavit, of the authorised officer that there are reasonable grounds to believe that there is a thing, document or device of a particular kind connected with a contravention of a relevant law on any relevant premises or former relevant premises, the magistrate may issue a search warrant, in accordance with the **Magistrates' Court Act 1989**, authorising an authorised officer named in the warrant, together with any other person or persons named or otherwise identified in the warrant and with any necessary equipment— (a) to enter the premises specified in the warrant; and (b) to do all or any of the following— (i) search for; (ii) seize; (iii) secure against interference; (iv) examine and inspect— a thing, document or device of a particular kind named or described in the warrant and which the officer believes, on reasonable grounds, to be connected with the alleged contravention; and (c) in the case of any document of a particular kind, named or described in the warrant, if the officer believes, on reasonable grounds, that it is connected with the alleged contravention, do all or any of the following— (i) require the document to be produced for inspection; (ii) examine, make copies or take extracts from the document, or arrange for the making of copies or the taking of extracts to be done on the premises or elsewhere; (iii) remove the document for so long as is reasonably necessary to make copies or take extracts from the document. (3) A search warrant directed to a named authorised officer under subsection (2) may be executed by any authorised officer who is empowered under this Subdivision to apply for such a search warrant. (4) A search warrant issued under this section must state— (a) the purpose for which the search is required and the nature of the alleged contravention; and (b) any conditions to which the warrant is subject; and (c) the premises to be searched; and (d) the thing or things in respect of which the warrant is issued; and (e) whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and (f) a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect. (5) Except as provided by this Act, the rules to be observed with respect to search warrants under the **Magistrates' Court Act 1989** extend and apply to warrants under this section. (6) In this section ***former relevant premises*** means any premises— (a) from which an RTO carried on the business of providing vocational education and training within the last 6 months; or (b) from which the business of providing vocational education and training was carried out and that was occupied by an RTO within the last 6 months. S. 5.8.3J inserted by No. 71/2010 s. 44. 5.8.3J Announcement before entry (1) On executing a search warrant in respect of any premises, the authorised officer executing the warrant— (a) must announce that he or she is authorised by the warrant to enter the premises; and (b) if the officer has been unable to obtain unforced entry, must give any person at the premises an opportunity to allow entry to the premises. (2) An authorised officer need not comply with subsection (1) if he or she believes, on reasonable grounds that immediate entry to the premises is required to ensure— (a) the safety of any person; or (b) that the effective execution of the search warrant is not frustrated. S. 5.8.3K inserted by No. 71/2010 s. 44. 5.8.3K Details of warrant to be given to occupier or person (1) If the occupier is present at any premises where a search warrant is being executed, the authorised officer must— (a) identify himself or herself to the occupier; and (b) give to the occupier a copy of the warrant. (2) If the occupier is not present at any premises where a search warrant is being executed, the authorised officer must— (a) identify himself or herself to a person at the premises; and (b) give to the person a copy of the warrant. S. 5.8.3L inserted by No. 71/2010 s. 44. 5.8.3L Seizure of things not mentioned in the warrant A search warrant under section 5.8.3I authorises an authorised officer executing the search warrant, in addition to the seizure of any thing of the kind described in the warrant, to seize any thing which is not of the kind described in the warrant if— (a) the authorised officer believes, on reasonable grounds, that the thing— (i) is of a kind which could have been included in a search warrant issued under this Subdivision; or (ii) will afford evidence about the contravention of a relevant law; and (b) in the case of seizure, the authorised officer believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction or its use in the contravention of a relevant law. S. 5.8.3M inserted by No. 71/2010 s. 44. 5.8.3M Receipt must be given for any thing seized S. 5.8.3M(1) amended by No. 6/2024 s. 17(1). (1) Subject to subsection (2), an authorised officer must not seize a thing, document or device apparently in the possession or custody of a person under this Subdivision unless the authorised officer gives the person a receipt for the thing, document or device seized that— (a) identifies the thing, document or device; and (b) states the name of the officer and the reason why the thing, document or device is being seized. S. 5.8.3M(2) substituted by No. 6/2024 s. 17(2). (2) If an authorised officer is unable to discover the identity of the lawful owner of a thing, document or device seized under this Subdivision, or the person from whose custody the thing, document or device is seized under this Subdivision, the authorised officer must leave a receipt for the thing, document or device seized at the premises that— (a) identifies the thing, document or device; and (b) states the name of the officer and the reason why the thing, document or device is being seized. S. 5.8.3N inserted by No. 71/2010 s. 44. 5.8.3N Copies of seized documents (1) If an authorised officer retains possession of a document seized from a person under this Subdivision, the officer must give the person, within 21 days of the seizure, a copy of the document certified as correct by the authorised officer. (2) A copy of a document certified under subsection (1) is to be received in all courts and tribunals to be evidence of equal validity to the original. S. 5.8.3O inserted by No. 71/2010 s. 44. 5.8.3O Retention and return of seized documents or things (1) If an authorised officer seizes a document or other thing under this Subdivision, the officer must take reasonable steps to return the document or thing to the person from whom it was seized if the reason for its seizure no longer exists. (2) If the document or thing seized has not been returned within 3 months after it was seized, the authorised officer must take reasonable steps to return it unless— (a) proceedings for the purpose for which the document or thing was retained have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or (b) the Magistrates' Court makes an order under section 5.8.3P extending the period during which the document or thing may be retained. S. 5.8.3P inserted by No. 71/2010 s. 44. 5.8.3P Magistrates' Court may extend 3 month period (1) An authorised officer may apply to the Magistrates' Court— (a) within 3 months after seizing a document or other thing under this Subdivision; or (b) if an extension has been granted under this section, before the end of the period of the extension— for an extension (not exceeding 3 months) of the period for which the officer may retain the document or thing but so that the total period of retention does not exceed 12 months. (2) The Magistrates' Court may order an extension under this section if it is satisfied that— (a) it is in the interests of justice; and (b) the total period of retention does not exceed 12 months; and (c) retention of the document or other thing is necessary— (i) for the purposes of an investigation into whether a contravention of a relevant law has occurred; or (ii) to enable evidence of a contravention of a relevant law to be obtained for the purposes of a proceeding under this Act. (3) At least 7 days prior to the hearing of an application under this section, notice of the application must be sent to the owner of the document or thing described in the application. S. 5.8.3Q inserted by No. 71/2010 s. 44. 5.8.3Q Requirement to assist authorised officer during entry To the extent that it is reasonably necessary to determine compliance with the relevant law, an authorised officer exercising a power of entry of premises under this Subdivision who produces his or her identity card and document issued under section 5.8.2(3) for inspection by the occupier of the premises or an agent or employee of the occupier may require that person— (a) to give information to the officer, orally or in writing; and (b) to produce documents, required to be kept at the premises by a relevant law*,* to the officer; and (c) to give reasonable assistance to the officer. S. 5.8.3R inserted by No. 71/2010 s. 44. 5.8.3R Refusal or failure to comply with requirement (1) A person must not, without reasonable excuse, refuse or fail to comply with a requirement of an authorised officer under this Subdivision. Penalty: 60 penalty units in the case of a natural person and 300 penalty units in the case of a body corporate. (2) Despite subsection (1), it is not an offence for a person to fail to comply with a requirement of an authorised officer under this Subdivision if the authorised officer did not comply with section 5.8.3E(1) or either section 5.8.3F(2) or 5.8.3G(2) (as the case requires) before requiring the person to comply with the requirement. S. 5.8.3S inserted by No. 71/2010 s. 44. 5.8.3S Protection against self-incrimination (1) It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under this Subdivision, if the giving of the information or the doing of that other thing would tend to incriminate the person. (2) Despite subsection (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce by or under this Subdivision, if the production of the document would tend to incriminate the person. S. 5.8.3T inserted by No. 71/2010 s. 44. 5.8.3T Offence to give false or misleading information A person must not knowingly— (a) give information to an authorised officer under this Subdivision that the person believes to be false or misleading in any material particular; or (b) produce a document to an authorised officer under this Subdivision that the person knows to be false or misleading in a material particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information. S. 5.8.3U inserted by No. 71/2010 s. 44, repealed by No. 31/2018 s. 60. Subdivision 4—Undertakings S. 5.8.3V inserted by No. 71/2010 s. 44. 5.8.3V Undertakings (1) The Authority may accept a written undertaking given by an RTO in connection with— (a) any matter in relation to which the Authority has a power or function under this Act; or (b) any matter relating to a contravention of a relevant law. (2) For the avoidance of doubt, an RTO may give an undertaking under this Subdivision to establish a trust fund into which students' fees are paid and the circumstances in which funds may be withdrawn from that trust fund. (3) For the avoidance of doubt, an undertaking given or Court order made under this Subdivision may not be inconsistent with a relevant law. (4) An RTO may withdraw or vary an undertaking at any time, if the RTO has first obtained the consent of the Authority. S. 5.8.3W inserted by No. 71/2010 s. 44. 5.8.3W Copy of undertaking The Authority must give a copy of an undertaking given under section 5.8.3V to the RTO that gave the undertaking. S. 5.8.3X inserted by No. 71/2010 s. 44. 5.8.3X Register of undertakings (b) register each undertaking given under this Subdivision in the register of undertakings. S. 5.8.3Y inserted by No. 71/2010 s. 44. 5.8.3Y Authority may apply for Court order if undertaking breached (1) If the Authority considers that an RTO has breached any of the terms of an undertaking given by the RTO under this Subdivision, the Authority may apply to the Magistrates' Court for an order under subsection (2). (2) If the Magistrates' Court is satisfied that the RTO has breached a condition of the undertaking, the Magistrates' Court may make all or any of the following orders— (a) an order directing the RTO to comply with the condition of the undertaking; (b) an order directing the RTO to pay to the State an amount up to the amount of any financial benefit that the RTO has obtained directly or indirectly and that is reasonably attributable to the breach; (c) any order that the Magistrates' Court considers appropriate directing the RTO to compensate any other person who has suffered loss, injury or damage as a result of the breach; (d) any other order that the Magistrates' Court considers appropriate. (3) If a body corporate is found to have breached an undertaking given under this Subdivision— (a) each officer of the body corporate is deemed to have so breached the undertaking if the officer knowingly authorised or permitted the breach; and (b) the Magistrates' Court may, against the officer, make all or any of the orders set out in subsection (2) that the Magistrates' Court thinks appropriate. Pt 5.8 Div. 3 Subdiv. 4A (Heading and ss 5.8.3YA–5.8.3YE) inserted by No. 39/2012 s. 36. Subdivision 4A—Injunctions S. 5.8.3YA inserted by No. 39/2012 s. 36. 5.8.3YA Injunctions to restrain conduct (1) The Authority may apply to the County Court or the Magistrates' Court for the grant of an injunction restraining an RTO from engaging in conduct that constitutes— (a) a contravention of a relevant law; or (b) attempting or conspiring to contravene a relevant law; or S. 5.8.3YA (1)(c) substituted by No. 31/2018 s. 61. (c) intentionally assisting, encouraging or directing the contravention of a relevant law; or (d) inducing or attempting to induce another RTO, whether by threats, promises or otherwise, to contravene a relevant law; or (e) being in any way directly or indirectly, knowingly concerned in, or party to, the contravention by an RTO of a relevant law. (2) The Court may grant an injunction restraining an RTO from engaging in conduct of the kind referred to in paragraphs (a) to (e) of subsection (1)— (a) if the Court is satisfied that the RTO is engaging in or has been engaging in conduct of that kind, whether or not it appears to the Court that the RTO intends to engage again or continue to engage in the conduct; or (b) if it appears to the Court that, in the event that the injunction is not granted, it is likely that the RTO will engage in conduct of that kind, whether or not the RTO has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the RTO engages in conduct of that kind; or (c) if the Court determines it to be appropriate, by consent of all the parties to the proceedings, whether or not the RTO has engaged in, or is likely to engage in conduct of that kind. (3) An application for an injunction under this section may be made *ex parte*. S. 5.8.3YB inserted by No. 39/2012 s. 36. 5.8.3YB Injunctions to do an act or thing (1) The County Court or the Magistrates' Court, on the application of the Authority, may grant an injunction requiring an RTO to do any act or thing specified by the Court if the Court is satisfied that the RTO is engaging in or has been engaging in conduct that constitutes— (a) a contravention of a relevant law; or (b) attempting or conspiring to contravene a relevant law; or S. 5.8.3YB (1)(c) substituted by No. 31/2018 s. 62. (c) intentionally assisting, encouraging or directing the contravention of a relevant law; or (d) inducing or attempting to induce another RTO, whether by threats, promises or otherwise, to contravene a relevant law; or (e) being in any way directly or indirectly, knowingly concerned in, or party to, the contravention by an RTO of a relevant law. (2) The power of the Court under this section to grant an injunction requiring an RTO to do an act or thing may be exercised— (a) whether or not it appears to the Court that the RTO intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and (b) whether or not the RTO has previously refused or failed to do that act or thing; and (c) whether or not there is an imminent danger of substantial damage to any person if the RTO refuses or fails to do that act or thing. (3) Without limiting subsection (1), an injunction under this section may require an RTO— (a) to institute a training program for the RTO's employees in relation to compliance with the relevant law; (b) to refund money to past, current or prospective students of the RTO; (c) to provide a service or to make a service or facility available to past, current or prospective students of the RTO; (d) to disclose information about the RTO's business activities or business associates; (e) to honour any promise made in the course of misleading or deceptive conduct or in a false representation. (4) An application for an injunction under this section may be made *ex parte*. S. 5.8.3YC inserted by No. 39/2012 s. 36. 5.8.3YC Interim injunctions (1) The County Court or the Magistrates' Court may grant an interim injunction pending determination of an application under section 5.8.3YA, if, in the opinion of the Court it is desirable to do so— (a) whether or not it appears to the Court that the RTO intends to engage in or continue to engage in conduct of the kind referred to in paragraphs (a) to (e) of section 5.8.3YA(1); or (b) whether or not the RTO has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the RTO engages in conduct of that kind. (2) The County Court or the Magistrates' Court may grant an interim injunction pending determination of an application under section 5.8.3YB in relation to an act or thing, if, in the opinion of the Court it is desirable to do so— (a) whether or not it appears to the Court that the RTO intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and (b) whether or not the RTO has previously refused or failed to do that act or thing; and (c) whether or not there is an imminent danger of substantial damage to any person if the RTO refuses or fails to do that act or thing. (3) An application for an injunction under this section may be made *ex parte*. S. 5.8.3YD inserted by No. 39/2012 s. 36. 5.8.3YD Power to rescind or vary injunctions The County Court or the Magistrates' Court may rescind or vary an injunction granted by it under section 5.8.3YA or 5.8.3YB or an interim injunction granted by it under section 5.8.3YC. S. 5.8.3YE inserted by No. 39/2012 s. 36. 5.8.3YE Other powers of the County Court or the Magistrates' Court unaffected The powers conferred on the County Court or the Magistrates' Court under this Subdivision are in addition to, and do not limit, any other powers of the County Court or the Magistrates' Court, whether conferred by or under this Act or any other Act. Subdivision 5—Infringements S. 5.8.3Z inserted by No. 71/2010 s. 44. 5.8.3Z Infringements (1) An authorised officer appointed under section 5.8.1(4) may serve an infringement notice on an RTO in respect of a prescribed offence against this Act or the regulations if the inspector has reason to believe that the RTO committed the offence. (2) A prescribed offence referred to in subsection (1) is an infringement offence within the meaning of the **Infringements Act 2006**. (3) The infringement penalty for an offence referred to in subsection (1) is the prescribed infringement penalty in respect of that offence. Pt 5.8 Div. 4 (Heading) inserted by No. 71/2010 s. 45. Division 4—General S. 5.8.4 substituted by No. 71/2010 s. 46. 5.8.4 Offence to hinder, obstruct or delay an authorised officer (1) A person must not, without reasonable excuse, hinder, obstruct or delay an authorised officer who is exercising or attempting to exercise his or her functions or powers under this Part. Penalty: 60 penalty units. (2) Despite subsection (1), it is not an offence for a person to hinder, obstruct or delay an authorised officer appointed under section 5.8.1(4) who is exercising or attempting to exercise his or her functions or powers under Subdivision 3 of Division 3 if the authorised officer did not comply with section 5.8.3E(1) or either section 5.8.3F(2) or 5.8.3G(2) (as the case requires) before exercising those functions or powers. 5.8.5 Authority to provide information to school attendance officers The Authority must, on the request of a school attendance officer, provide the officer with any information relating to the registration of students for home schooling that the officer may reasonably require for carrying out the officer's functions and powers under Part 2.1. 5.8.6 Proceedings for offences (1) Proceedings for an offence against Part 2.6 may only be taken by a person employed under section 2.6.65 who is authorised by the Institute either generally or in a particular case to take those proceedings. (2) Proceedings for an offence against Chapter 4 may only be taken by a person employed for the purposes of Chapter 4 who is authorised by the Authority either generally or in a particular case to take those proceedings. S. 5.8.6(3) amended by No. 6/2024 s. 18. (3) Proceedings for an offence against Part 5.5 may only be taken by a person employed for the purposes of Chapter 4 who is authorised by the Authority either generally or in a particular case to take those proceedings. S. 5.8.6(4) amended by No. 73/2012 s. 107. (4) Proceedings for offences against a provision of this Act (other than Part 2.6 or 5.5 or Chapter 4) or the regulations made under this Act may be taken by a person authorised by the Minister generally or in any particular case. (5) All courts must take judicial notice of the fact that a person referred to in this section has valid authority to take proceedings referred to in this section. S. 5.8.7 (Heading) amended by No. 71/2010 s. 47(1). 5.8.7 Offences by a body corporate etc. S. 5.8.7(1) amended by No. 71/2010 s. 47(2)(3). (1) If a body corporate contravenes any provision of this Act, each officer (within the meaning of section 9 of the Corporations Act) of the body corporate is deemed to have contravened the same provision if that person knowingly authorised or permitted the contravention. S. 5.8.7(2) amended by No. 71/2010 s. 47(2). (2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the body corporate has been proceeded against or convicted under that provision. S. 5.8.7(3) amended by No. 71/2010 s. 47(2). (3) Nothing in this section affects any liability imposed on a body corporate for an offence committed by the body corporate against this Act. (4) If a provision of this Act is contravened in respect of an unincorporated body of persons— (a) the person who is the principal executive officer (however described) of the body at the time of the contravention is deemed to have contravened the same provision at that time if that person knowingly authorised or permitted the contravention; and (b) if there was a governing body of the unincorporated body at the time of the contravention, each person who is a member of the governing body of that unincorporated body at that time is also deemed to have contravened the provision at that time if that person knowingly authorised or permitted the contravention. S. 5.8.7A inserted by No. 71/2010 s. 48. 5.8.7A Conduct by officers, employees or agents (1) For the purposes of any proceedings under this Act, any conduct engaged in on behalf of a body corporate is deemed to have been engaged in also by the body corporate if the conduct was engaged in by an employee, agent or officer (within the meaning of section 9 of the Corporations Act) of the body corporate within the scope of the actual or apparent authority of the employee, agent or officer. (2) If, in any proceedings under this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show— (a) that the conduct was engaged in by an officer of the body corporate within the scope of the officer's actual or apparent authority and the officer had that state of mind; or (b) that the conduct was engaged in by an agent of the body corporate and— (i) the agent acted at the specific direction or with the specific consent or agreement of the body corporate; or (ii) the agent had that state of mind; or (iii) the body corporate was aware of the agent's state of mind when the conduct was engaged in. (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for the intention, opinion, belief or purpose. 5.8.8 Evidentiary (1) In any proceedings for an offence under Part 2.6 a certificate signed by or on behalf of the Institute and stating that on any specified date a person is or is not or was or was not registered or registered with specific limitations or restrictions under Part 2.6 is admissible in evidence in the proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate. (2) In any proceedings for an offence under Chapter 4 a certificate signed by or on behalf of the Director of the Authority and stating that on any specified date a person, school or body is or is not or was or was not registered, approved or authorised or registered, approved or authorised with specific limitations or restrictions under Chapter 4 is admissible in evidence in the proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate. (3) In any proceedings for an offence under Part 5.5 a certificate signed by or on behalf of the Secretary and stating that— S. 5.8.8(3)(a) amended by No. 39/2012 s. 23(a). (a) on any specified date a person is or is not or was or was not registered under section 5.5.23 as an apprentice who has entered a training contract lodged under section 5.5.12; or S. 5.8.8(3)(b) amended by No. 39/2012 s. 23(b). (b) on any specified date a person or body did or did not have the approval of the Authority under section 5.5.6 to employ a person under a training contract— is admissible in evidence in the proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate. S. 5.8.8(4) amended by No. 73/2012 s. 8(5). (4) A certificate signed by or on behalf of the Secretary purporting to record a determination, resolution or decision of the Victorian Skills Commission before its abolition is evidence of the making of that determination, resolution or decision by the Commission. (5) A certificate signed by or on behalf of the Director of the Authority purporting to record a determination, resolution or decision of the Authority is evidence of the making of that determination, resolution or decision by the Authority. S. 5.8.9 amended by Nos 69/2009 s. 54(Sch. Pt 2 item 20.1), 71/2010 s. 72(2), 67/2014 s. 147(Sch. 2 item 15). 5.8.9 Evidence The provisions of sections 14, 15, 16 and 21A of the **Evidence (Miscellaneous Provisions) Act** **1958**, as in force immediately before their repeal, apply to and in relation to an investigation or proceedings which the Authority, the Secretary, the delegate of the Authority or Secretary, a Merit Protection Board, a Disciplinary Appeals Board, a review committee established under Part 2.5 or a hearing panel under Part 2.6 is authorised to conduct under this Act as if the Authority, Secretary, delegate, Merit Protection Board or Disciplinary Appeals Board, review committee or panel were a board or the chairman of a board appointed by the Governor in Council. Pt 5.8 Div. 5 (Heading and ss 5.8.10–5.8.16) inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62). Division 5—Notices to produce S. 5.8.10 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62). 5.8.10 Notice to produce (1) This section applies if the Authority reasonably believes that any document or information is relevant— (a) to determine whether a registered school is complying with the prescribed minimum standards for registration under Division 1 of Part 4.3; or (b) to determine whether a provider of school boarding services at a registered school boarding premises is complying with the prescribed minimum standards for registration of school boarding premises under Division 1A of Part 4.3; or (c) to determine whether a person, body or school registered under Division 3 of Part 4.3 is complying with the prescribed minimum standards; or (d) for the purposes of a review under section 4.5.4; or S. 5.8.10(1)(e) amended by No. 2/2025 s. 51(1). (e) to determine whether a person, organisation or registered school that is approved to operate a student exchange program is complying with the Child Safe Standards or any condition imposed under section 4.5A.2 or 4.5A.6; or S. 5.8.10(1)(f) inserted by No. 2/2025 s. 51(2). (f) to determine whether a person is carrying on or conducting a school that is required to be registered under Division 1 of Part 4.3; or S. 5.8.10(1)(g) inserted by No. 2/2025 s. 51(2). (g) to determine whether a person is carrying on or conducting a school boarding premises that is required to be registered under Division 1A of Part 4.3; or S. 5.8.10(1)(h) inserted by No. 2/2025 s. 51(2). (h) to determine whether a person, body or school is required to be registered on the State Register as being authorised to provide, award, confer or issue a senior secondary course, a registered senior secondary qualification, an accredited foundation secondary course or a registered foundation secondary qualification under Division 3 of Part 4.3; or S. 5.8.10(1)(i) inserted by No. 2/2025 s. 51(2). (i) to determine whether a person or body is required to be registered on the National Register as an education and training organisation under Division 4 of Part 4.3; or S. 5.8.10(1)(j) inserted by No. 2/2025 s. 51(2). (j) to determine whether a person or body is required to be approved to provide a specified course to students from overseas under Part 4.5; or S. 5.8.10(1)(k) inserted by No. 2/2025 s. 51(2). (k) to determine whether a person, body or school is required to be approved to operate a student exchange program under Part 4.5A. (2) The Authority may issue a written notice requiring the following to produce the document or information— (a) if the document or information is required for the purposes of a determination or review relating to a relevant entity for which the Authority is an integrated sector regulator, that relevant entity; (b) if the document or information is required for the purposes of a determination or review relating to a registered school for which the Authority is an integrated sector regulator, a person involved in the management or operation of that registered school; (c) if the document or information is required for the purposes of a determination or review relating to a provider of school boarding services at a registered school boarding premises for which the Authority is an integrated sector regulator, a person involved in the management or operation of that provider of school boarding services; S. 5.8.10(2)(d) amended by No. 2/2025 s. 51(3)(a). (d) if the document or information is required for the purposes of a determination or review relating to a relevant entity for which the Authority is an integrated sector regulator, other than a registered school or a provider of school boarding services at a registered school boarding premises, any person or body that the Authority reasonably believes possesses the document or information; S. 5.8.10(2)(e) inserted by No. 2/2025 s. 51(3)(b). (e) if the document or information is required for the purposes of a determination relating to whether a person or body specified in subsection (1)(f), (g), (h), (i), (j) or (k) is required to be registered or approved under this Act, that person or body. (3) A notice under subsection (2)— (a) must be in the prescribed form (if any); and (b) must specify the following— (i) the person or body to which the notice is issued; S. 5.8.10 (3)(b)(ii) amended by No. 2/2025 s. 51(4)(a). (ii) if subsection (1)(a), (b), (c), (d) or (e) applies, the Child Safe Standards, prescribed minimum standards or condition to which the proposed determination of compliance relates or the matters set out in section 4.5.1 that are relevant to the review under section 4.5.4 (as appropriate); (iii) the person, body or school that is the subject of the proposed determination or the school, University or institution that is the subject of the review under section 4.5.4 (as appropriate); S. 5.8.10 (3)(b)(iiia) inserted by No. 2/2025 s. 51(4)(b). (iiia) if subsection (1)(f), (g), (h), (i), (j) or (k) applies, the type of registration or approval under the Act that is the subject of the proposed determination; (iv) the document or information, or category of document or information, that must be produced; (v) the date by which the document or information must be provided, being not less than 14 days after the day on which the notice is given to the person or body; (vi) any enforcement action that may be taken against the person or body for failing to comply with the notice; (vii) the maximum criminal and civil penalty for failing to comply with the notice; (viii) how the person or body can comply with the notice; (ix) any prescribed matters. (4) A person or body given a notice under subsection (2) must provide the information and each document described in the notice on or before the day specified in the notice to— (a) in the case of a school, University or institution that is the subject of a review under section 4.3.3, 4.3.8G, 4.3.8H or 4.5.4, the Authority or any person or committee appointed by the Authority; or (b) in any other case, the Authority. (5) The Authority, by further written notice given at any time, may vary or revoke a notice to produce. S. 5.8.11 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62). 5.8.11 Application to Court (1) If a person or body, without reasonable excuse, fails to comply with a notice to produce issued under section 5.8.10, the Authority may apply to the County Court or Magistrates' Court for any or all of the following— (a) a declaration that the person or body has failed to comply with the notice to produce; (b) an order requiring the person or body to pay a pecuniary penalty; (c) an injunction under section 5.8.13. (2) The Court may make a declaration sought if the Court is satisfied that— (a) the person or body has failed to comply with the notice to produce; and (b) the failure to comply was unreasonable. (3) The Court may grant an injunction in response to an application under subsection (1)(c) requiring a person or body to do a thing— (a) if the Court makes a declaration under subsection (2) that the person or body has failed to comply with a notice to produce; and (b) whether or not the Court orders the person or body to pay a pecuniary penalty. S. 5.8.12 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62). 5.8.12 Civil penalty (1) If a Court makes a declaration under section 5.8.11(2) that a person or body has failed to comply with a notice to produce, the Court may order the person or body to pay to the Authority a pecuniary penalty not exceeding 120 penalty units, in the case of a body corporate, or 60 penalty units in any other case. (2) In determining the amount of the pecuniary penalty under subsection (1), the Court must take into account the following considerations— (a) in the case of a person or body that is not an individual, the size of the person or body; (b) the impact of the amount of the penalty on the person or body; (c) whether the non-compliance by the person or body with the notice to produce was wilful or serious. (3) An order made under this section is taken, for the purposes of enforcement, to be an order made by the Court in a civil proceeding. (4) A pecuniary penalty paid to the Authority in accordance with an order made under this section must be paid by the Authority into the Consolidated Fund. S. 5.8.13 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62). 5.8.13 Injunctions S. 5.8.13(1) amended by No. 2/2025 s. 52(a). (1) On an application by the Authority, the County Court or the Magistrates' Court may grant an injunction, in the terms the Court considers appropriate, if the Court is satisfied that a person or body— S. 5.8.13(1)(a) amended by No. 2/2025 s. 52(b). (a) has failed to comply with a notice to produce issued to the person or body under section 5.8.10; or (b) in the case of a registered school, is required to comply with the prescribed minimum standards for registration and has failed, or is likely to fail, to do so; or (c) in the case of a provider of school boarding services at a registered school boarding premises, is required to comply with the prescribed minimum standards for registration of school boarding premises and has failed, or is likely to fail, to do so; or (d) in the case of a person, body or school registered under Division 3 of Part 4.3, is required to comply with the prescribed minimum standards and has failed, or is likely to fail, to do so; or (e) in the case of a school, a University or an institution approved to provide a course of study under Part 4.5, is required to comply with a condition imposed under section 4.5.1 or 4.5.4 and has failed, or is likely to fail, to do so; or (f) in the case of a person, body or school that is approved to operate a student exchange program, is required to comply with the Child Safe Standards or a condition imposed under section 4.5A.2 or 4.5A.6 and has failed, or is likely to fail, to do so. (2) Without limiting subsection (1), the Court may grant an injunction under that subsection— (a) to restrain a person or body from engaging in specified conduct that the Court reasonably considers is likely to harm a child; or (b) to restrain a person or body from providing specified services to children before the failure to comply is rectified; or (c) to restrain a person or body from employing or engaging children before the failure to comply is rectified; or (d) to require a person or body to do a specified act or thing that the Court considers reasonably necessary to prevent, minimise or remedy the failure to comply; or (e) to require a person or body to institute training programmes for persons employed or engaged by the person or body. (3) The power of the Court to grant an injunction under subsection (1) may be exercised whether or not the person or body— (a) is likely to fail to comply with the Child Safe Standards, the prescribed minimum standards, a notice to produce or a condition imposed under section 4.5.1, 4.5.4, 4.5A.2 or 4.5A.6 (as appropriate) in the future; or (b) has previously failed to comply with the Child Safe Standards, the prescribed minimum standards, a notice to produce or a condition imposed under section 4.5.1, 4.5.4, 4.5A.2 or 4.5A.6 (as appropriate). (4) The Court may, if it considers that it is appropriate to do so, grant an injunction under subsection (1) by consent of all the parties to the proceeding, whether or not the Court is satisfied as required by subsection (1). S. 5.8.14 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62). 5.8.14 Interim injunctions (1) On the application of the Authority, the County Court or Magistrates' Court may grant an interim injunction, in the terms the Court considers appropriate, pending the determination of an application for an injunction under section 5.8.13. (2) An application for an interim injunction under subsection (1) may be made ex parte. S. 5.8.15 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62). 5.8.15 Offence to fail to comply with notice to produce (1) A person or body must not, without reasonable excuse, fail to comply with a notice to produce issued under section 5.8.10. Penalty: In the case of a body corporate, 120 penalty units; In any other case, 60 penalty units. (2) It is a reasonable excuse for a person or body to refuse or fail to comply with a notice to produce issued under section 5.8.10 if the person or body— (a) took all actions that were reasonable for the person or body to take in the circumstances; and (b) believed on reasonable grounds that the person or body was not able to produce the document or information specified in the notice. (3) It is a reasonable excuse for a natural person to refuse or fail to comply with a notice to produce issued under section 5.8.10 if producing the document or information specified in the notice would tend to incriminate the person. S. 5.8.16 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62). 5.8.16 Infringement notices (1) An authorised officer appointed under section 5.8.1 may issue to or serve an infringement notice on any person or body that the authorised officer reasonably believes has committed a prescribed offence against this Division. (2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the **Infringements Act 2006**. (3) The infringement penalty for an offence referred to in subsection (1) is the prescribed penalty. (4) For the purposes of subsection (1), an infringement notice— (a) must be in the form required by the **Infringements Act 2006**; and (b) may contain any additional information approved by the Authority. Pt 5.8 Div. 6 (Heading and ss 5.8.17–5.8.22) inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62). Division 6—Notices to comply S. 5.8.17 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62, substituted by No. 2/2025 s. 53. 5.8.17 Definitions ***relevant entity*** means a relevant entity for which the Authority is an integrated sector regulator that is— (a) registered under Division 1, 1A, 3 or 4 of Part 4.3; or (b) approved under Part 4.5 or 4.5A. S. 5.8.18 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62). 5.8.18 Notice to comply S. 5.8.18(1) amended by No. 2/2025 s. 54(1). (1) The Authority may give a relevant entity a notice to comply if the Authority believes on reasonable grounds that the relevant entity is not complying with a requirement that relates to— (a) the registration of the relevant entity under Division 1, 1A, 3 or 4 of Part 4.3; or (b) the approval of the relevant entity under Part 4.5 or 4.5A. S. 5.8.18(1A) inserted by No. 2/2025 s. 54(2). (1A) The Authority may give a notice to comply to a person or body if the Authority reasonably believes that the person or body— (a) is carrying on or conducting a school that is not registered under Division 1 of Part 4.3; or (b) is carrying on or conducting a school boarding premises that is not registered under Division 1A of Part 4.3; or (c) is providing, awarding, conferring or issuing a senior secondary course, a registered senior secondary qualification, an accredited foundation secondary course or a registered foundation secondary qualification without being registered on the State Register as being authorised to provide, award, confer or issue that qualification or course under Division 3 of Part 4.3; or (d) is offering education and training without being registered on the National Register as an education and training organisation under Division 4 of Part 4.3; or (e) is providing a specified course to students from overseas without being approved to provide that course under Part 4.5; or (f) is operating a student exchange program without being approved to operate that program under Part 4.5A. (2) A notice to comply— (a) must be in the prescribed form (if any); and (b) must specify the following— (i) the reason for the issue of the notice to comply; S. 5.8.18 (2)(b)(ii) amended by No. 2/2025 s. 54(3)(a). (ii) if subsection (1) applies, the Child Safe Standards or requirement that the Authority believes the relevant entity is not complying with and the grounds for that belief; S. 5.8.18 (2)(b)(iia) inserted by No. 2/2025 s. 54(3)(b). (iia) if subsection (1A) applies, the requirement that the Authority reasonably believes the person or body to whom the notice is issued has contravened and the grounds for that belief; S. 5.8.18 (2)(b)(iii) amended by No. 2/2025 s. 54(3)(c). (iii) the action that the person or body to whom the notice is issued is required to take to address any issues that have been identified in the notice; S. 5.8.18 (2)(b)(iv) amended by No. 2/2025 s. 54(3)(c). (iv) that the person or body to whom the notice is issued must take the action specified in the notice— (A) within 14 days after the day on which the notice is given; or (B) before any earlier day specified in the notice; S. 5.8.18 (2)(b)(v) amended by No. 2/2025 s. 54(3)(d). (v) any enforcement action that may be taken against the person or body to whom the notice is issued for failing to comply with the notice; (vi) the maximum criminal and civil penalty for failing to comply with the notice; (vii) the process for seeking a review of the decision to issue the notice; (viii) the prescribed matters (if any); and S. 5.8.18(2)(c) amended by No. 2/2025 s. 54(3)(d). (c) must be accompanied by any recommendations or advice available to assist the person or body to whom the notice is issued to address the issues identified in the notice. (3) The Authority may specify a day for the purposes of subsection (2)(b)(iv)(B) only in exceptional circumstances. S. 5.8.18(4) substituted by No. 2/2025 s. 54(4). (4) The Authority, by written notice given to a person or body to whom a notice to comply is issued, may vary or revoke the notice. S. 5.8.18(5) def. of *exceptional circum-stances* amended by No. 2/2025 s. 54(5). ***exceptional circumstances*** include circumstances in which urgent action is required— (a) if subsection (1) applies, because of significant non-compliance by the relevant entity with the Child Safe Standards or a requirement that relates to the registration or approval of the relevant entity under this Act; or (b) to safeguard a child from harm. S. 5.8.19 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62). 5.8.19 Application to court S. 5.8.19(1) amended by No. 2/2025 s. 55(1). (1) If a person or body fails to comply with a notice to comply, the Authority may apply to the County Court or the Magistrates' Court for— S. 5.8.19(1)(a) amended by No. 2/2025 s. 55(1). (a) a declaration that the person or body has failed to comply with the notice; and S. 5.8.19(1)(b) amended by No. 2/2025 s. 55(1). (b) an order requiring the person or body to pay a pecuniary penalty; and (c) an injunction under section 5.8.21. S. 5.8.19(2) substituted by No. 2/2025 s. 55(2). (2) If a declaration is sought in relation to a relevant entity's failure to comply with a notice to comply issued under section 5.8.18(1), the Court may make the declaration if the Court is satisfied that— (a) the relevant entity is an entity that is required to comply with the Child Safe Standards or a registration requirement under this Act; and (b) the relevant entity has failed to comply with the notice; and (c) the failure to comply was unreasonable. S. 5.8.19(3) inserted by No. 2/2025 s. 55(2). (3) If a declaration is sought in relation to a person or body's failure to comply with a notice to comply issued under section 5.8.18(1A), the Court may make the declaration if the Court is satisfied that— (a) the person or body is engaging in conduct in respect of which the person or body is required to be registered under Division 1, 1A, 3 or 4 of Part 4.3 or approved under Part 4.5 or 4.5A; and (b) the person or body has failed to comply with the notice to comply; and (c) the failure to comply was unreasonable. S. 5.8.20 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62). 5.8.20 Civil penalty S. 5.8.20(1) amended by No. 2/2025 s. 56(1). (1) If a Court makes a declaration under section 5.8.19(2) or (3) that a person or body has failed to comply with a notice to comply, the Court may order the person or body to pay to the Authority a pecuniary penalty not exceeding 120 penalty units, in the case of a body corporate, or 60 penalty units in any other case. (2) In determining the amount of the pecuniary penalty under subsection (1), the Court must take into account the following considerations— S. 5.8.20(2)(a) amended by No. 2/2025 s. 56(2)(a). (a) in the case of a person or body that is not an individual, the size of the person or body; S. 5.8.20(2)(b) amended by No. 2/2025 s. 56(2)(b). (b) the impact of the amount of the penalty on the person or body; S. 5.8.20(2)(c) amended by No. 2/2025 s. 56(2)(b). (c) whether the non-compliance by the person or body with the notice to comply was wilful or serious. (3) An order made under this section is taken, for the purposes of enforcement, to be an order made by the Court in a civil proceeding. (4) A pecuniary penalty paid to the Authority in accordance with an order made under this section must be paid by the Authority into the Consolidated Fund. S. 5.8.21 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62). 5.8.21 Injunctions S. 5.8.21(1) amended by No. 2/2025 s. 57(1)(a). (1) On an application by the Authority, a Court may grant an injunction, in the terms the Court considers appropriate, if the Court is satisfied that a relevant entity— S. 5.8.21(1)(a) amended by No. 2/2025 s. 57(1)(b). (a) has failed to comply with a notice to comply issued to the relevant entity under section 5.8.18(1); or (b) is required to comply with the Child Safe Standards, or a requirement that relates to the registration or approval of the relevant entity under this Act, and has failed, or is likely to fail, to do so. S. 5.8.21(1A) inserted by No. 2/2025 s. 57(2). (1A) On an application by the Authority, a Court may grant an injunction, in the terms the Court considers appropriate, if the Court is satisfied that a person or body— (a) has failed to comply with a notice to comply issued to the person or body under section 5.8.18(1A); or (b) is engaging in conduct in respect of which the person or body is required to be registered under Division 1, 1A, 3 or 4 of Part 4.3 or approved under Part 4.5 or 4.5A and the person or body is not registered under Division 1, 1A, 3 or 4 of Part 4.3 or approved under Part 4.5 or 4.5A to engage in that conduct. S. 5.8.21(2) amended by No. 2/2025 s. 57(3). (2) Without limiting subsection (1) or (1A), the Court may grant an injunction under that subsection— (a) to restrain a person, body or relevant entity from engaging in specified conduct that the Court reasonably considers is likely to harm a child; or (b) to restrain a person, body or relevant entity from providing specified services to children before the failure to comply is rectified; or (c) to restrain a person, body or relevant entity from employing or engaging children before the failure to comply is rectified; or (d) to require a person, body or relevant entity to do a specified act or thing that the Court considers reasonably necessary to prevent, minimise or remedy the failure to comply; or (e) to require a person, body or relevant entity to institute training programmes for persons employed or engaged by the person, body or relevant entity. S. 5.8.21(3) amended by No. 2/2025 s. 57(4)(a). (3) The power of the Court to grant an injunction under this section may be exercised whether or not— S. 5.8.21(3)(a) amended by No. 2/2025 s. 57(4)(b). (a) if subsection (1) applies, the relevant entity is likely to fail to comply with the Child Safe Standards, requirement or notice (as appropriate) in the future; or S. 5.8.21 (3)(ab) inserted by No. 2/2025 s. 57(4)(c). (ab) if subsection (1A) applies, the person or body is likely to fail to comply with the notice to comply in the future; or (b) if the Authority has applied for an order or declaration under section 5.8.19, the Court has made an order or declaration under that section. S. 5.8.22 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62). 5.8.22 Offence to fail to comply with notice to comply S. 5.8.22(1) substituted by No. 2/2025 s. 58(1). (1) A person or body to whom a notice to comply is issued under section 5.8.18(1) or (1A) must not fail to comply with the notice without reasonable excuse. Penalty: In the case of a body corporate, 120 penalty units; In any other case, 60 penalty units. S. 5.8.22(2) amended by No. 2/2025 s. 58(2)(a). (2) It is a reasonable excuse for a person or body to whom a notice to comply is issued under section 5.8.18(1) or (1A) to refuse or fail to comply with the notice if the person or body— S. 5.8.22(2)(a) amended by No. 2/2025 s. 58(2)(b). (a) took all actions that were reasonable for the person or body to take in the circumstances; and S. 5.8.22(2)(b) amended by No. 2/2025 s. 58(2)(b). (b) believed on reasonable grounds that the person or body was unable to comply with the notice. S. 5.8.22(3) amended by No. 2/2025 s. 58(3). (3) It is a reasonable excuse for a natural person to refuse or fail to comply with a notice to comply issued under section 5.8.18(1) or (1A) if taking the action specified in the notice would tend to incriminate the person. Pt 5.8 Div. 7 (Heading and s. 5.8.23) inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62). Division 7—Pending criminal or civil proceedings S. 5.8.23 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62). 5.8.23 Pending criminal or civil proceedings (1) If the Authority applies for a declaration, order or injunction under section 5.8.11 or 5.8.19 against a person or body for failing to comply with a notice to produce or notice to comply, the Authority must not commence criminal proceedings for a charge against section 5.8.15 or 5.8.22 that is constituted by the failure or alleged failure of that person or body to comply with that notice. (2) Subsection (1) applies whether or not the Court makes a declaration or order or grants an injunction in response to an application under section 5.8.11 or 5.8.19. S. 5.8.23(3) amended by No. 2/2025 s. 59. (3) If a person or body has been convicted or found guilty of an offence against section 5.8.15 or 5.8.22, or a charge against the person or body for an offence against section 5.8.15 or 5.8.22 is pending, that is constituted by the failure or alleged failure of that person or body to comply with a notice to produce or notice to comply— S. 5.8.23(3)(a) amended by No. 2/2025 s. 59. (a) the Authority may not apply under section 5.8.11(1)(b) or 5.8.19(1)(b) for an order for the person or body to pay a pecuniary penalty for failure to comply with that notice; and S. 5.8.23(3)(b) amended by No. 2/2025 s. 59. (b) the Court may not order the person or body to pay a pecuniary penalty for failure to comply with that notice. Pt 5.8 Div. 8 (Heading and s. 5.8.24) inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62). Division 8—Official warnings S. 5.8.24 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62). 5.8.24 Official warnings (1) The Authority may issue an official warning to— (a) a relevant entity for which it is an integrated sector regulator; or (b) any other person or body to which it has issued a notice to produce or notice to comply. (2) An official warning must state— (a) that the Authority suspects one or more of the following— S. 5.8.24 (2)(a)(i) amended by No. 2/2025 s. 60. (i) the person, body or relevant entity is failing, or has failed, to comply with a notice to produce issued under section 5.8.10 or a notice to comply issued under section 5.8.18(1) or (1A); (ii) the person, body or relevant entity is failing, or has failed, to comply with the Child Safe Standards; (iii) the person, body or relevant entity is failing, or has failed, to comply with a requirement that relates to the registration or approval of the person or body under this Act; (iv) the person, body or relevant entity is committing, or has committed, an offence against section 5.8.15 or 5.8.22; and (b) the details of the suspected failure or offence specified under paragraph (a); and (c) the grounds for the Authority's suspicion; and (d) that non-compliance or offending may be the subject of enforcement action by the Authority under this Act; and (e) any other matter the Authority considers appropriate. Pt 5.8 Div. 9 (Heading and ss 5.8.25–5.8.29) inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62). Division 9—Enforceable undertakings S. 5.8.25 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62), repealed by No. 2/2025 s. 61. S. 5.8.26 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62). 5.8.26 Enforceable undertakings S. 5.8.26(1) amended by No. 2/2025 s. 62(1)(a). (1) The Authority may accept a written undertaking given by a person, body or school that is registered under Division 3 of Part 4.3 or approved under Part 4.5 or 4.5A in connection with any matter in relation to which the Authority has a power or function under this Act including— S. 5.8.26(1)(a) amended by No. 2/2025 s. 62(1)(b). (a) a failure to comply with a notice to comply issued under section 5.8.18(1) or (1A); or S. 5.8.26(1)(b) amended by No. 2/2025 s. 62(1)(c). (b) a failure to comply with a requirement that relates to the registration of the person, body or school under Division 3 of Part 4.3; or S. 5.8.26(1)(c) amended by No. 2/2025 s. 62(1)(c). (c) a failure to comply with a requirement that relates to the approval of the person, body or school under Part 4.5 or 4.5A; or S. 5.8.26(1)(d) amended by No. 2/2025 s. 62(1)(d). (d) a reasonable suspicion of the Authority that there is, or has been, a failure to comply with a notice to comply issued under section 5.8.18(1) or (1A); or S. 5.8.26(1)(e) amended by No. 2/2025 s. 62(1)(e). (e) a reasonable suspicion of the Authority that there is, or has been, a failure to comply with a requirement that relates to the registration of the person, body or school under Division 3 of Part 4.3; or S. 5.8.26(1)(f) amended by No. 2/2025 s. 62(1)(e). (f) a reasonable suspicion of the Authority that there is, or has been, a failure to comply with a requirement that relates to the approval of the person, body or school under Part 4.5 or 4.5A. Note to s. 5.8.26(1) inserted by No. 2/2025 s. 62(2). See section 4.3.3A in relation to undertakings given by registered schools. See section 4.3.8J in relation to undertakings given by providers of school boarding services. See section 5.8.3V in relation to undertakings given by RTOs. S. 5.8.26(2) amended by No. 2/2025 s. 62(3). (2) A non-Government school may give an undertaking under this section to establish a trust fund into which students' fees (within the meaning of section 4.3.1A(4)) are paid and the circumstances in which funds may be withdrawn from that trust fund. (3) For the avoidance of doubt, an undertaking given under this Division may not be inconsistent with this Act or the regulations. S. 5.8.26(4) amended by No. 2/2025 s. 62(4). (4) A person, body or school may withdraw or vary an undertaking given by the person, body or school at any time, if the person, body or school has first obtained the consent of the Authority. S. 5.8.27 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62), amended by No. 2/2025 s. 63. 5.8.27 Copy of undertaking The Authority must give a copy of an undertaking given under section 5.8.26 to the person, body or school that gave the undertaking. S. 5.8.28 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62). 5.8.28 Register of undertakings (a) maintain a register of undertakings it accepts under section 5.8.26; and (b) register each undertaking given under section 5.8.26 in the register of undertakings. S. 5.8.29 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62). 5.8.29 Authority may apply for Court order if undertaking breached S. 5.8.29(1) amended by No. 2/2025 s. 64. (1) If the Authority considers that a person, body or school has breached any of the terms of an undertaking accepted by the Authority under section 5.8.26, the Authority may apply to the Magistrates' Court for an order under subsection (2). S. 5.8.29(2) amended by No. 2/2025 s. 64. (2) If the Magistrates' Court is satisfied that the person, body or school has breached a condition of the undertaking, the Magistrates' Court may make all or any of the following orders— S. 5.8.29(2)(a) amended by No. 2/2025 s. 64. (a) an order directing the person, body or school to comply with the condition of the undertaking; S. 5.8.29(2)(b) amended by No. 2/2025 s. 64. (b) an order directing the person, body or school to pay to the State an amount up to the amount of any financial benefit that the person, body or school has obtained directly or indirectly and that is reasonably attributable to the breach; S. 5.8.29(2)(c) amended by No. 2/2025 s. 64. (c) any order that the Magistrates' Court considers appropriate directing the person, body or school to compensate any other person who has suffered loss, injury or damage as a result of the breach; (d) any other order that the Magistrates' Court considers appropriate. (3) If a body corporate is found to have breached an undertaking accepted by the Authority under section 5.8.26— (a) each officer of the body corporate is deemed to have so breached the undertaking if the officer knowingly authorised or permitted the breach; and (b) the Magistrates' Court may, against the officer, make all or any of the orders set out in subsection (2) that the Magistrates' Court thinks appropriate. Pt 5.8 Div. 10 (Heading and s. 5.8.30) inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62). Division 10—Adverse publicity orders S. 5.8.30 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62). 5.8.30 Court may make adverse publicity order (1) This section applies if— S. 5.8.30(1)(a) amended by No. 2/2025 s. 65(1)(a). (a) a person or body to whom a notice to produce or a notice to comply is issued is convicted or found guilty of an offence against section 5.8.15 or 5.8.22; or S. 5.8.30(1)(b) amended by No. 2/2025 s. 65(1)(b). (b) a Court has made a declaration under section 5.8.11 or 5.8.19 that the person or body has failed to comply with a notice to produce or a notice to comply. S. 5.8.30(2) amended by No. 2/2025 s. 65(2). (2) The Court may order the person or body to take all or any of the following actions— (a) to publicise, in the way specified in the order— (i) details of the basis for the conviction or the making of the finding of guilt or the declaration (as appropriate); or (ii) any penalty imposed or other order made on the conviction or the making of the finding of guilt or declaration; or (iii) any other information the Court considers appropriate; (b) to notify, in the way specified in the order, any person or class of persons of the information set out in paragraph (a). (3) The Court may make an order under subsection (2) in addition to or instead of— S. 5.8.30(3)(a) amended by No. 2/2025 s. 65(2). (a) imposing a penalty on the person or body; or (b) making any other order that the Court may make in relation to the offence or declaration. (4) The Court may make an order under subsection (2) on its own initiative or on the application of the Authority. Pt 5.8 Div. 11 (Heading and s. 5.8.31) inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62). Division 11—Publication of non-compliance S. 5.8.31 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62). 5.8.31 Authority may publish details of non-compliance S. 5.8.31(1) amended by No. 6/2024 s. 19(1). (1) Subject to subsections (3) and (4) and any order of the County Court or the Magistrates' Court, the Authority may, if the Authority considers it in the public interest, publish information specified in subsection (2) on a website maintained by the Authority if— S. 5.8.31(1)(a) amended by No. 2/2025 s. 66(1)(a). (a) a person or body to whom a notice to produce or a notice to comply is issued is convicted or found guilty of an offence against section 5.8.15 or 5.8.22; or S. 5.8.31(1)(b) amended by No. 2/2025 s. 66(1)(b). (b) a Court has made a declaration under section 5.8.11 or 5.8.19 that the person or body has failed to comply with a notice to produce or notice to comply. (2) For the purposes of subsection (1), the following information is specified— S. 5.8.31(2)(a) amended by No. 2/2025 s. 66(2). (a) the name of the person or body, including any business or trading name of the person or body or any other name by which the person or body is commonly known; (b) the date of the conviction, finding of guilt or declaration; (c) in the case of a conviction or finding of guilt, the offence to which the conviction or finding of guilt relates; (d) in the case of a declaration, details of the notice to produce or notice to comply that is the subject of the declaration; (e) whether the court imposed any other penalty in respect of the conduct that was the subject of the conviction, finding of guilt or declaration; S. 5.8.31(2)(f) substituted by No. 6/2024 s. 19(2). (f) the date on which any information specified in this subsection is published to a website maintained by the Authority; (g) any other prescribed matter. S. 5.8.31(3) inserted by No. 6/2024 s. 19(3), amended by No. 2/2025 s. 66(3)(a). (3) Before making a decision to publish information specified in subsection (2) in respect of a person or body, the Authority must give the person or body written notice of the following— (a) the Authority's intention to publish the information; (b) the Authority's reasons for making the decision to publish the information; S. 5.8.31(3)(c) amended by No. 2/2025 s. 66(3)(a). (c) that the person or body may make a written submission setting out why the Authority should not publish the information; S. 5.8.31(3)(d) amended by No. 2/2025 s. 66(3). (d) the time within which the person or body's submission must be given to the Authority being a period no longer than 3 days after the day the notice is received by the person or body. S. 5.8.31(4) inserted by No. 6/2024 s. 19(3), amended by No. 2/2025 s. 66(4). (4) The Authority must consider any submission given to the Authority by a person or body under subsection (3) before making a decision under subsection (1). Pt 5.8 Div. 12 (Heading and s. 5.8.32) inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62). Division 12—Review by VCAT S. 5.8.32 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62). 5.8.32 Review by VCAT (1) A person whose interests are affected by any of the following decisions of the Authority may apply to VCAT for review of the decision— S. 5.8.32(1)(a) amended by No. 2/2025 s. 67. (a) to issue a notice to comply under section 5.8.18(1) or (1A); (b) to publish information under section 5.8.31. (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. Pt 5.8A (Heading and ss 5.8A.1–5.8A.7) inserted by No. 11/2011 s. 3. Part 5.8A—Harmful items S. 5.8A.1 inserted by No. 11/2011 s. 3. 5.8A.1 Definitions ***authorised teacher*** means a teacher who is authorised under section 5.8A.6; ***harmful item*** means— (a) any prohibited item; (b) any item which has been brought onto or kept on any Government school premises in contravention of a declaration of the principal of the school under section 5.8A.2; (c) if— (i) a person is conducting a search under section 5.8A.3, any item which that person reasonably suspects is being used or is likely to be used in a threatening, violent or harmful manner; (ii) a person is seizing an item under section 5.8A.4, any item which that person reasonably suspects is being used or is likely to be used in a threatening, violent or harmful manner; ***possession*** has the same meaning as in the **Control of Weapons Act 1990**; ***prohibited item*** means any of the following— (a) a firearm, within the meaning of the **Firearms Act 1996**; (b) a controlled weapon, within the meaning of the **Control of Weapons Act 1990**; (c) a prohibited weapon, within the meaning of the **Control of Weapons Act 1990**; ***teacher*** has the same meaning as in section 2.4.1. S. 5.8A.2 inserted by No. 11/2011 s. 3. 5.8A.2 Declaration of certain harmful items (1) The principal of a Government school may make a declaration as to the following— (a) items that must not be brought onto the school premises at any time; (b) items that may be brought onto the school premises only at the times listed in the declaration or only for the purposes listed in the declaration. (2) Items in respect of which a declaration may be made under subsection (1) are those which the principal reasonably believes are likely to be used in a threatening, violent or harmful manner. (3) A declaration under this section must be in writing and must be published to the students, parents of students, staff of the school and other members of the school community, by a letter, notice or document circulating generally to those persons. Possession of a prohibited item in public places (which includes Government schools) is regulated under the **Control of Weapons Act 1990** and the **Firearms Act** **1996**. S. 5.8A.3 inserted by No. 11/2011 s. 3. 5.8A.3 Power to search for harmful items (1) The principal or any assistant principal of a Government school or any authorised teacher of a Government school may search any of the following for any harmful item— (a) any part of the school premises; (b) any part of premises that is being occupied by students of the school while engaged in a teacher supervised student activity; (c) any vehicle while the vehicle is being used for the purposes of a teacher supervised student activity; (d) any bag or other article used by a student for storage that has been brought by the student onto the school premises or that is being used by the student while the student is engaged in a teacher supervised student activity. (2) A person must not conduct a search under this section unless that person reasonably suspects that the search will uncover harmful items. (3) The person conducting a search under this section may— (a) require any room, cupboard, locker or other space that is being used for storage on the premises being searched that is locked to be unlocked; (b) require a student to open any bag or other article being used by the student for storage; (c) ask a student to turn out the student's pockets; (d) ask a student to disclose whether or not the student is concealing a harmful item. (4) Any power under this section must be exercised in accordance with any Regulations. S. 5.8A.4 inserted by No. 11/2011 s. 3. 5.8A.4 Powers to seize harmful items (1) The principal, or assistant principal of a Government school or any authorised teacher of a Government school may seize any harmful item— (a) found on the school premises; (b) found on premises that is being occupied by students of the school while engaged in a teacher supervised student activity; (c) found on any vehicle while the vehicle is being used for the purposes of a teacher supervised student activity; (d) found in the possession of a student of the school on the school premises or while the student is engaged in a teacher supervised student activity. (2) A person may seize an item under this section whether or not the item is found during the course of a search under section 5.8A.3. (3) A person must not seize an item under this section if the person in whose possession the item is found has an exemption or lawful excuse under the **Control of Weapons Act 1990** or the **Firearms Act 1996** in respect of that item. (4) Any power under this section must be exercised in accordance with any Regulations. S. 5.8A.5 inserted by No. 11/2011 s. 3. 5.8A.5 Action to be taken after search or seizure S. 5.8A.5(1) amended by No. 37/2014 s. 10(Sch. item 49.5). (1) If a prohibited item that is a firearm or a prohibited weapon is seized under this Part, and the item is not surrendered to a police officer under section 7B of the **Control of Weapons Act 1990** or section 54AB of the **Firearms Act 1996**, the principal may retain the item, inaccordance with any Regulations, until the principal is reasonably satisfied that there is no imminent threat to the safety, security or wellbeing of any person or property. (2) If an item that is not a firearm or a prohibited weapon is seized under this Part, the principal, in accordance with any Regulations— S. 5.8A.5(2)(a) amended by No. 37/2014 s. 10(Sch. item 49.5). (a) may advise a police officer of the seizure of the item; S. 5.8A.5(2)(b) amended by No. 37/2014 s. 10(Sch. item 49.5). (b) if so requested by the police officer, must surrender the item to a police officer; S. 5.8A.5(2)(c) amended by No. 37/2014 s. 10(Sch. item 49.5). (c) if the item is not to be surrendered to a police officer, may retain the item until the principal is satisfied that there is no imminent threat to the safety, security or wellbeing of any person or property. (3) On being satisfied that there is no imminent threat to the safety, security or wellbeing of any person or property, the principal, in accordance with any Regulations, may return any item retained under subsection (1) or (2)(c)— (a) to the parent or guardian of the student, if the item is owned by the student; or (b) to the owner of the item, or to the parent or guardian of the owner of the item, if the item is owned by a person under 18 years of age. S. 5.8A.6 inserted by No. 11/2011 s. 3. 5.8A.6 Teacher may be authorised to search for or seize harmful items A principal or assistant principal of a Government school may authorise a teacher to carry out a search or seizure under this Part where— (a) a teacher supervised student activity is taking place (whether on the school premises or elsewhere); and (b) the principal or assistant principal is not or will not be present to carry out a search or seizure. S. 5.8A.7 inserted by No. 11/2011 s. 3. 5.8A.7 Powers are additional The provisions of this Part are in addition to and not in derogation of any other powers that a principal, assistant principal or teacher of a Government school has. Part 5.9—General 5.9.1 Delegation A person may delegate a power or function even though the person may only exercise the power or perform the function after receiving the report, recommendation, opinion or advice or after consulting the person to whom the power or function is delegated. 5.9.2 Disposal of land of non-vested schools (1) This section applies to land which on 1 January 1873 had been— (a) granted by the Crown to or for the benefit of a denominational body for school purposes without receiving any purchase money; or (b) reserved by the Crown permanently or temporarily for school purposes for the benefit of a denominational body. (2) Land to which this section applies may be disposed of by the denominational body to or for the benefit of which the land has been granted or reserved, subject to the provisions for the disposal of land in Act No. 391. (3) The proceeds of disposition of the land may be applied for the purposes of the denominational body in the manner that the body considers to be most beneficial. 5.9.3 Supreme Court—limitation of jurisdiction It is the intention of sections 2.2.2, 2.3.31 and 2.4.22 to alter or vary section 85 of the **Constitution Act 1975**. Pt 5.10 (Heading) amended by No. 31/2018 s. 63. Part 5.10—Delegated legislation and other subordinate instruments Division 1—Regulations 5.10.1 Regulations (1) The Governor in Council may make regulations generally prescribing any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) Without limiting any power of the Governor in Council to make regulations under this Act, the Governor in Council may make regulations for or with respect to any of the matters set out in Schedule 5 including the heading to an item in the Schedule. 5.10.2 Scope of regulations (1) Regulations made under this Act— (a) may be of general or limited application; (b) may differ according to differences in time, place or circumstances; (c) may confer a discretionary authority or impose a duty on, or leave any matter to be determined or approved by, a specified person or class of persons. (2) A power conferred by this Act to make regulations providing for fees may be exercised by prescribing different fees for different classes of applications or investigations. (3) A power to make regulations may be exercised— (a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; (b) so as to make, as respects the cases in relation to which the power is exercised— (i) the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or (ii) any such provision either unconditionally or subject to any specified condition. (4) Regulations may be made— (a) so as to apply— (i) at all times or at a specified time; or S. 5.10.2(4) (a)(ii) substituted by Nos 19/2014 s. 84, 33/2020 s. 12. (ii) to all schools, early childhood services or school boarding premises or to a specified school, early childhood service or school boarding premises or a specified class of school, early childhood service or school boarding premises; (b) so as to require a matter affected by the regulations to be— (i) in accordance with a specified standard or specified requirement; or (ii) approved by or to the satisfaction of a specified person or a specified class of persons; or (c) so as to apply, adopt or incorporate any matter contained in any document issued or published by any person or body whether— (i) wholly or partially or as amended by the regulations; or S. 5.10.2(4)(c)(ii) amended by No. 58/2007 s. 43(a). (ii) as issued or published at the time the regulations are made or at any time before then; or S. 5.10.2(4)(c)(iii) inserted by No. 58/2007 s. 43(b). (iii) as amended from time to time; (d) so as to confer a discretionary authority or impose a duty on a specified person or a specified class of persons; (e) so as to provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified. S. 5.10.2(5) inserted by No. 71/2010 s. 49(3). (5) The regulations may be disallowed in whole or in part by resolution of either House of Parliament in accordance with the requirements of section 23 of the **Subordinate Legislation Act 1994**. S. 5.10.2A inserted by No. 23/2021 s. 81. 5.10.2A Transitional regulations (1) The Governor in Council may make regulations containing any savings or transitional provisions required as a consequence of the amendments made by the **Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021**. (2) A regulation mentioned in subsection (1) may be retrospective in operation to the commencement of the **Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021**. Division 2—Orders in Council 5.10.3 Orders in Council (1) The Governor in Council may make any Orders which are required or permitted to be made for carrying out or giving effect to this Act. (2) An Order in Council must be published in the Government Gazette as soon as practicable after it is made. S. 5.10.3(3) inserted by No. 2/2025 s. 45. (3) Subsection (2) does not apply to any Order in Council made under section 2.4.45A(1) or (2), 2.4.73(2), 2.5.6(1)(b) or (2), 2.6.6(3)(a) or (5), 2.6.6C, 2.6.35F(1) or (4), 2.6A.7(3), 3.3.10(1), 3.3.33(1)(a) or 4.2.4(1) or (4). Division 3—Ministerial orders 5.10.4 Ministerial orders—general provisions (1) The Minister may make Orders which are required or permitted to be made for carrying out or giving effect to this Act. (2) Without limiting any power of the Minister to make Orders under this Act, the Minister may make Orders for or with respect to any of the matters set out in Schedule 6 including the heading to an item in the Schedule. (3) An Order or a provision of an Order comes into operation at the beginning of the day on which the Order is made or at the beginning of any later day that is expressed in the Order as the day on which the Order or provision (as the case requires) comes into operation. (4) The Minister must ensure that an Order is published as soon as practicable after it is made. Note to s. 5.10.4(4) inserted by No. 31/2018 s. 64(1). Orders made under this section are published on the Department's website. S. 5.10.4(4A) inserted by No. 31/2018 s. 64(2). (4A) Subsection (4) does not apply to an Order that identifies, or that would enable the identification of, a child who is the subject of the Order. (5) A power conferred by this Act to make an Order may be exercised— (a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; (b) so as to make, as respects the cases in relation to which the power is exercised— (i) the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or (ii) any such provision either unconditionally or subject to any specified condition. (6) An Order may be made— (a) so as to apply— (i) at all times or at a specified time; or S. 5.10.4 (6)(a)(ii) amended by No. 19/2014 s. 85. (ii) to all persons, schools, early childhood services, bodies or institutions or to specified persons, schools, early childhood services, bodies or institutions or a specified class of person, school, early childhood service, body or institution; or (b) so as to require a matter affected by the Order to be— (i) in accordance with a specified standard or specified requirement; or (ii) approved by or to the satisfaction of a specified person or a specified class of persons; or (c) so as to apply, adopt or incorporate any matter contained in any document issued or published by any person or body whether— (i) wholly or partially or as amended by the Order; or (ii) as issued or published at the time the Order is made or at any time before then; (d) so as to confer a discretionary authority or impose a duty on a specified person or a specified class of persons; (e) so as to provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the Order, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified. S. 5.10.5 amended by No. 7/2024 s. 14. 5.10.5 Ministerial Orders—special provisions Despite section 5.10.4, an Order providing for or in respect of any matter relating to employment in the teaching service or the government ELC workforce may provide that it shall take effect on and from a day earlier than the day on which it is made. 5.10.6 Ministerial Orders—disallowance S. 5.10.6(1) amended by No. 6/2024 s. 20(1). (1) The power for the Minister to make an Order under section 5.10.4 for or with respect to the discipline of students in Government schools is subject to the Order being disallowed by Parliament. Note to s. 5.10.6(1) inserted by No. 6/2024 s. 20(2). See section 2.2.19 and item 4 of Schedule 6. S. 5.10.6(2) amended by No. 6/2024 s. 20(3). (2) A copy of every Order referred to in subsection (1) must be laid before both Houses of Parliament on or before the 6th sitting day after the publication of the Order in accordance with section 5.10.4. S. 5.10.6(3) substituted by No. 14/2013 s. 19, amended by No. 6/2024 s. 20(4). (3) Parts 3A and 5A of the **Subordinate Legislation Act 1994** apply to an Order referred to in subsection (1) as if the Order were a legislative instrument within the meaning of that Act laid before each House of the Parliament under section 16B of that Act. Ch. 5A (Headings and ss 5A.1.1–5A.6.1) inserted by No. 11/2020 s. 52, amended by No. 27/2020 ss 24–30, repealed by No. 24/2006 s. 5A.6.1 (as amended by No. 27/2020 s. 30). Chapter 6—Repeals, amendments, savings and transitionals Ch. 6 Pt 6.1 (Heading) inserted by No. 32/2021 s. 8. Part 6.1—Repeals, amendments, savings and transitionals Ss 6.1.1, 6.1.2 repealed by No. 19/2008 s. 13. 6.1.3 Transitional and saving provisions (1) Schedule 8 has effect. (2) Despite section 5 of the **Subordinate Legislation Act 1994**, the Registered Schools Board Regulations 1996, as in force immediately before the day on which this Act receives the Royal Assent, continue in operation until the commencement of section 6.1.1(l). (3) A teacher who is deemed to be registered or have permission to teach under section 91 of the **Victorian Institute of Teaching Act 2001**, immediately before the day on which this Act receives the Royal Assent, must pay the first annual registration fee under section 91 of that Act before 30 December 2007. S. 6.1.4 inserted by No. 58/2007 s. 44. 6.1.4 Transitional provision—Teaching Service Act Despite its repeal, the **Teaching Service Act 1981** as in force immediately before 1 July 2007 continues to apply to— (a) an inquiry under section 45 or Part V of that Act that has commenced but has not been finally determined before 1 July 2007; and (b) any action under section 9 of that Act that has commenced but not concluded before 1 July 2007; and (c) any action under section 65A or 65B of that Act that has commenced but not concluded before 1 July 2007. S. 6.1.5 inserted by No. 58/2007 s. 45. 6.1.5 Transitional provision—Government teaching service This Act applies to— (a) an inquiry under section 2.4.56; and (b) any action that may or must be taken under Division 9 of Part 2.4; and (c) any investigation or inquiry under Division 10 of Part 2.4— that commences after the commencement of section 45 of the **Education and Training Reform Miscellaneous Amendments Act 2007**, irrespective of when the grounds for action are alleged to have occurred. S. 6.1.6 inserted by No. 58/2007 s. 45. 6.1.6 Transitional provision—directors of TAFE institute boards A person who, immediately before the commencement of section 16 of the **Education and Training Reform Miscellaneous Amendments Act 2007**, held office as a director of a TAFE institute board, continues to hold office as a director for the balance of his or her term of appointment subject to this Act as if that section had not been enacted. S. 6.1.7 inserted by No. 58/2007 s. 45. 6.1.7 Transitional provision—operators of student exchange programs A school or organisation that was registered with the Department immediately before the commencement of section 31 of the **Education and Training Reform Miscellaneous Amendments Act 2007** as suitable to operate a student exchange program is deemed to be approved by the Authority under Part 4.5A to operate that program for 3 years after the commencement of that section unless that approval is sooner suspended or cancelled by the Authority under that Part. S. 6.1.8 inserted by No. 19/2008 s. 15. 6.1.8 Transitional provision—overseas exchange students Anything done before the commencement of section 14 of the **Education and Training Reform Amendment Act 2008** under a provision of Part 4.5A that is renumbered by that section 14, is taken in respect of any period after that commencement to have been done under that provision as renumbered by that section 14. S. 6.1.9 inserted by No. 70/2008 s. 36. 6.1.9 Transitional provisions—Education and Training Reform Further Amendment Act 2008 (1) The following land acquired before the commencement of section 32 of the **Education and Training Reform Further Amendment Act 2008** for the purposes of this Act or a corresponding previous enactment is vested in the Minister administering the **Education and Training Reform Act 2006**— (a) land held in any of the names listed in Schedule 9; (b) land held in the name of a Minister administering an Education Act (however described); (c) land held in the name of the Minister administering the Tertiary Education Act or any corresponding previous enactment (however described); (d) land held in the name of a Minister for Education (however described); (e) land held in the name of the Minister for Skills and Workforce Participation in relation only to the land described in the following folios of the register— (i) Vol. 11036 Folio 884; (ii) Vol. 11036 Folio 885; (f) land held in a name that is substantially the same as any name referred to in paragraphs (a) to (d). (2) The Minister administering the **Education and Training Reform Act 2006** is deemed to be the registered proprietor of all land that is vested in the Minister under subsection (1). (3) A reference in a document relating to land referred to in subsection (1) to a person or body as the registered proprietor of that land is taken to be a reference to the Minister administering the **Education and Training Reform Act 2006**. (4) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title, must make any amendments in the Register that are necessary because of the operation of this section. (5) In this section the ***Minister administering the Education and Training Reform Act 2006*** means any Minister of the Crown for the time being administering section 5.2.6. S. 6.1.10 inserted by No. 70/2008 s. 37. 6.1.10 Transitional provision—Education and Training Reform Further Amendment Act 2008 Division 9A inserted by section 12 of the **Education and Training Reform Further Amendment Act 2008** may apply in respect of the conduct of an employee in the teaching service that occurred before the commencement of section 12 of that Act unless before that commencement an investigation or an inquiry under Division 10 into that conduct has been commenced. S. 6.1.11 inserted by No. 70/2008 s. 38. 6.1.11 Transitional provision—Education and Training Reform Further Amendment Act 2008 (1) Despite the repeal of sections 4.7.2(3)(a) and 4.7.4(3) by sections 29 and 30 of the **Education and Training Reform Further Amendment Act 2008** respectively, sections 4.7.2(3)(a) and 4.7.4(3) as in force immediately before the commencement day continue to apply in respect of a school, that is deemed under clause 1.5 of Schedule 8 to be registered as a school under this Act, until