Authorised Version
Education and Training Reform Amendment
(Child Safe Schools) Act 2015
No. 7 of 2015
TABLE OF PROVISIONS
Section
Page
Part 1—Preliminary
1
2
3
1
Purposes
Commencement
Principal Act
1
2
2
Part 2—Amendments to the Education and Training Reform Act
2006
4
5
6
7
8
9
10
11
12
13
Definitions
Requirements for registration
Compliance with standards for registration
Review of operations of schools by Authority
Repeal of section 4.3.3(4) to (7)
New sections 4.3.3A to 4.3.3G inserted
Action after review
New section 4.3.8A inserted
Information may be made available
Statute law revision amendments
Part 3—Amendments to other Acts
14
15
Statute law revision amendment—Working with Children Act
2005
Statute law revision amendment—Workplace Injury
Rehabilitation and Compensation Act 2013
15
15
16
Repeal of amending Act
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Endnotes
1
3
4
4
5
6
6
11
12
12
14
15
Part 4—Repeal of amending Act
16
3
16
17
General information
17
Authorised by the Chief Parliamentary Counsel
i
Authorised Version
Victoria
Education and Training Reform
Amendment (Child Safe Schools) Act
2015†
No. 7 of 2015
[Assented to 21 April 2015]
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The purposes of this Act are—
(a) to amend the Education and Training
Reform Act 2006—
(i) to establish a framework to require
registered schools to take appropriate
actions to manage the risk of child
abuse; and
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Education and Training Reform Amendment (Child Safe Schools) Act 2015
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Part 1—Preliminary
(ii) to further strengthen the regulation of
schools by enhancing the functions and
powers of the Victorian Registration
and Qualifications Authority; and
(iii) to make minor amendments to that Act;
and
(b) to make minor amendments to other Acts.
2 Commencement
(1) This Part and sections 13, 14 and 15 come into
operation on the day after the day on which this
Act receives the Royal Assent.
(2) Subject to subsection (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in subsection (2) does
not come into operation before 21 December
2015, it comes into operation on that day.
3 Principal Act
In Part 2 of this Act the Education and Training
Reform Act 2006 is called the Principal Act.
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4 Definitions
(1) In section 1.1.3(1) of the Principal Act insert the
following definitions—
"municipal council has the same meaning as
Council has in section 3(1) of the Local
Government Act 1989;
public sector body has the same meaning as in
section 4(1) of the Public Administration
Act 2004;".
(2) In section 1.1.3(1) of the Principal Act insert the
following definition—
"child abuse includes—
(a) any act committed against a person
under the age of 18 years involving—
(i) a sexual offence; or
(ii) an offence under section 49B(2)
of the Crimes Act 1958; and
(b) any of the following—
(i) physical violence;
(ii) serious emotional or
psychological harm;
(iii) exploitation—
that does not include the reasonable
discipline, management or care of the
person or the participation of the person
in reasonable family or community
labour; and
(c) the serious neglect of a person under
the age of 18 years;".
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5 Requirements for registration
(1) In section 4.3.1(6)(c) of the Principal Act, for
"policy." substitute "policy; and".
(2) After section 4.3.1(6)(c) of the Principal Act
insert—
"(d) the school has developed policies,
procedures, measures and practices in
accordance with a Ministerial Order for
managing the risk of child abuse including—
(i) the implementation of minimum
standards for a child safe environment;
and
(ii) responding to allegations of child abuse
committed against a child enrolled at
the school or committed by an
employee or a student, contractor or
volunteer of the school or other person
connected with the school.".
(3) After section 4.3.1(6) of the Principal Act
insert—
"(6A) The Authority may impose reasonable
conditions on the registration of the school to
take effect for the whole or any part of the
period of registration.".
(4) In section 4.3.1(8) of the Principal Act, for
"subsections (6)(a) to (6)(c)" substitute
"subsection (6)(a) to (d)".
6 Compliance with standards for registration
In section 4.3.2 of the Principal Act, for
"the prescribed" substitute "all or any one or
more of the prescribed".
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7 Review of operations of schools by Authority
(1) For section 4.3.3(1) of the Principal Act
substitute—
"(1) The Authority may arrange for a review and
evaluation of the operation of a school
registered under this Division in accordance
with this section.".
(2) In section 4.3.3(2) of the Principal Act, for
"may review the operations" substitute "at any
time may conduct a general review of the
operation".
(3) After section 4.3.3(2) of the Principal Act
insert—
"(2A) In addition to its power to conduct a general
review under subsection (2), the Authority
may at any time arrange for a specific review
and evaluation of the operation of a school
registered under this Division to determine if
the school has attained, and continues to
attain, a prescribed minimum standard for
registration if the Authority believes on
reasonable grounds that—
(a) there are matters concerning the safety
of students at the school which require
urgent action to be taken by the school;
or
(b) exceptional circumstances exist at the
school which justify a specific review
and evaluation of the operation of the
school being undertaken by the
Authority.
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(2B) For the purposes of subsection (2A)(b),
exceptional circumstances include, but are
not limited to—
(a) a serious non-compliance with a
prescribed minimum standard for
registration by the school; and
(b) the repeated non-compliance with a
prescribed minimum standard for
registration by the school.".
(4) In section 4.3.3(3) of the Principal Act—
(a) after "require a school" insert ", that is
subject to a review and evaluation under
this section,";
(b) in paragraph (a), for "the prescribed"
substitute "one or more of the prescribed".
8 Repeal of section 4.3.3(4) to (7)
Section 4.3.3(4) to (7) of the Principal Act are
repealed.
9 New sections 4.3.3A to 4.3.3G inserted
After section 4.3.3 of the Principal Act insert—
"4.3.3A Undertakings by school
(1) The Authority may accept a written
undertaking given by the proprietor or
principal of a registered school that is the
subject of a review and evaluation of its
operation under section 4.3.3 in connection
with—
(a) any matter in relation to which the
Authority has a power or function
under this Act; or
(b) any matter relating to non-compliance
with a prescribed minimum standard
for registration.
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(2) For the avoidance of doubt, an undertaking
given under this section or a court order
made under section 4.3.3D may not be
inconsistent with this Act, the regulations or
a prescribed minimum standard for
registration.
(3) A person may withdraw or vary an
undertaking at any time after obtaining the
consent of the Authority.
4.3.3B Copy of undertaking
The Authority must give a copy of an
undertaking given under section 4.3.3A to
the person that gave the undertaking.
4.3.3C Register of undertakings
The Authority must—
(a) maintain a register of undertakings; and
(b) register each undertaking given under
section 4.3.3A in the register of
undertakings.
4.3.3D Authority may apply for Court order if
undertaking breached
(1) If the Authority considers that a person has
breached any of the terms of an undertaking
given by the person under section 4.3.3A, the
Authority may apply to the Magistrates'
Court for an order under subsection (2).
(2) If the Magistrates' Court is satisfied that the
person has breached a term of the
undertaking, the Magistrates' Court may
make all or any of the following orders—
(a) an order directing the person to comply
with the term of the undertaking;
(b) any other order that the Magistrates'
Court considers appropriate.
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(3) If a body corporate is found to have breached
an undertaking given under section 4.3.3A—
(a) each officer of the body corporate is
deemed to have so breached the
undertaking if the officer knowingly
authorised or permitted the breach; and
(b) the Magistrates' Court may, against the
officer, make all or any of the orders
set out in subsection (2) that the
Magistrates' Court thinks appropriate.
4.3.3E Interim condition may be imposed on
school before review completed
(1) This section applies if the conduct of a
review and evaluation of the operation of a
school under section 4.3.3 has commenced
but has not been completed.
(2) The Authority may impose an interim
condition on the registration of the school if
the Authority believes, on reasonable
grounds, that the condition is urgently
required to ensure that the school continues
to attain the prescribed minimum standards
for registration.
(3) The Authority must give the school a written
notice stating the following—
(a) the interim condition proposed to be
imposed on the school's registration;
(b) the reasons for the proposed condition;
(c) the time within which the school may
make submissions under subsection (4).
(4) The Authority must give the school
3 business days within which the school
may make submissions to the Authority to
show cause why the interim condition should
not be imposed on the school's registration.
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(5) The Authority must consider any
submissions made to the Authority by the
school.
(6) If the Authority decides to impose the
interim condition on the registration of the
school, the Authority must give the school a
written notice stating the following—
(a) the interim condition imposed on the
school's registration;
(b) the reasons for imposing the condition;
(c) when the condition is to be satisfied.
(7) The Authority, on the application of the
school, may extend the period within which
submissions may be made under
subsection (4).
4.3.3F Interim condition to be reviewed at
completion of review
(1) After a review and evaluation of the
operation of a school has been conducted
under section 4.3.3 the Authority must
review any interim condition imposed on the
school under section 4.3.3E in accordance
with subsection (2).
(2) The Authority may—
(a) revoke the condition if the condition
has been satisfied or, in the opinion of
the Authority, the condition is no
longer required; or
(b) confirm, subject to the school making
submissions under section 4.3.3G, that
the condition is to continue to be
imposed on the school with or without
variation.
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(3) If the Authority revokes a condition under
subsection (2)(a), the Authority must give
written notice to the school of that
revocation, which takes effect when the
notice is given to the school.
(4) If the Authority confirms that a condition is
to continue under subsection (2)(b), the
condition is taken to be a condition to be
imposed under section 4.3.4(2)(d).
4.3.3G Procedure after decision to take action in
respect of school
(1) If the Authority is satisfied, after the conduct
of a review and evaluation of a school in
accordance with section 4.3.3, that it is in the
interests of the students enrolled at the
school, or in the public interest, that the
Authority should take any action referred to
in section 4.3.4, the Authority may take that
action in accordance with this section and
section 4.3.4.
(2) Before making a determination to take an
action the Authority must give to the school
affected a written notice stating the
following—
(a) the action the Authority proposes to
take;
(b) the reasons for taking that action;
(c) the time within which the school may
make submissions under subsection (3).
(3) The Authority must give the school affected
the following period within which the school
may make submissions to the Authority and
to the Minister to show cause why the
proposed action should not be taken—
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(a) in the case of a general review and
evaluation, 28 business days after the
school receives notice of the action;
(b) in the case of a specific review and
evaluation, 10 business days after the
school receives notice of the action.
(4) The Authority must—
(a) consider any submissions made to the
Authority; and
(b) comply with any directions of the
Minister given to the Authority after the
Minister has considered any
submissions made to the Minister about
the proposed action.
(5) The Authority, on the application of the
school, may extend the period within
which submissions may be made under
subsection (3)(b).".
10 Action after review
(1) In section 4.3.4(1) of the Principal Act, for
"reviewing and evaluating" substitute
"conducting a review and evaluation of".
(2) In section 4.3.4(2) of the Principal Act—
(a) after "complies with" insert "one or more
of";
(b) for "it may" substitute "it may do any one or
more of the following".
(3) In section 4.3.4(2)(a), (b) and (c) of the Principal
Act, for "; or" substitute ";".
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11 New section 4.3.8A inserted
After section 4.3.8 of the Principal Act insert—
"4.3.8A Authority may issue guidelines
(1) The Authority may from time to time issue
guidelines in relation to the matters in
section 4.3.1(6).
(2) The guidelines must not be inconsistent with
this Act, the regulations or a Ministerial
Order.
(3) The guidelines may apply, adopt or
incorporate any matter contained in any
document issued or published by a body or
person—
(a) whether wholly or partially or as
amended by the guidelines; or
(b) as issued or published at the time that
the guidelines are issued or at any time
before then; or
(c) as amended from time to time.
(4) The Authority must publish any guidelines
issued under this section as soon as
practicable in the Government Gazette.
(5) Without limiting section 4.3.1(8), the
regulations may require a registered school
to comply with any guidelines issued under
this section that apply to that school.".
12 Information may be made available
(1) For section 4.9.4(1) of the Principal Act
substitute—
"(1) The Authority may disclose any information
it has obtained in the course of performing
its functions or exercising its powers under
this Chapter to a prescribed person or body if
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the information relates to the performance of
a function of that person or body.
(1AAA) The Authority may ask a prescribed person
or body to give the Authority information
that may assist the Authority in determining
whether or not a school complies with any of
the prescribed minimum standards for
registration of schools.".
(2) In section 4.9.4(2) of the Principal Act, for
"provision of a corresponding law" substitute
"law of another jurisdiction".
(3) For section 4.9.4(3) of the Principal Act
substitute—
"(3) In this section—
government training contract has the same
meaning as in section 4.1.1(1);
prescribed person or body means any of the
following—
(a) the Secretary;
(b) the Secretary to a Department
(within the meaning of
section 4(1) of the Public
Administration Act 2004);
(c) a public sector body;
(d) a municipal council;
(e) a registering body;
(f) a school registering body;
(g) a Department of the
Commonwealth Government or of
another State or Territory
Government;
(h) an agency of the Commonwealth;
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school registering body means a body
equivalent to the Authority in another
jurisdiction that is responsible for the
registration of schools.".
13 Statute law revision amendments
(1) In section 3.3.10(1)(b) of the Principal Act, before
"Deputy Chairperson" omit "Deputy".
(2) In section 3.3.29C(2)(a) of the Principal Act, for
"association" substitute "association,".
(3) In section 3.3.30(1)(b)(ii) of the Principal Act, for
"institutution" substitute "institution".
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Part 3—Amendments to other Acts
Part 3—Amendments to other Acts
14 Statute law revision amendment—Working with
Children Act 2005
In the note at the foot of section 30(1) of the
Working with Children Act 2005, for
"Section 2.6.19" substitute "Section 2.6.28".
15 Statute law revision amendment—Workplace
Injury Rehabilitation and Compensation Act 2013
In clause 1(1)(b)(i) of Schedule 1 to the
Workplace Injury Rehabilitation and
Compensation Act 2013, for "a university with a
TAFE division" substitute "a dual sector
university".
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Part 4—Repeal of amending Act
Part 4—Repeal of amending Act
16 Repeal of amending Act
This Act is repealed on 21 December 2016.
Note
The repeal of this Act does not affect the continuing
operation of the amendments made by it (see section 15(1)
of the Interpretation of Legislation Act 1984).
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Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
†
Minister's second reading speech—
Legislative Assembly: 25 February 2015
Legislative Council: 19 March 2015
The long title for the Bill for this Act was "A Bill for an Act to amend the
Education and Training Reform Act 2006 to establish a framework to
require registered schools to take appropriate actions to manage the risk
of child abuse and to further strengthen the regulation of schools by
enhancing the functions and powers of the Victorian Registration and
Qualifications Authority and for other purposes."
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