Education and Training Reform Amendment (Child Safe ... · No. 7 of 2015 Part 2—Amendments to the Education and ... Education and Training Reform Amendment (Child Safe Schools)

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

1 Purposes 1 2 Commencement 2 3 Principal Act 2

Part 2—Amendments to the Education and Training Reform Act 2006 3

4 Definitions 3 5 Requirements for registration 4 6 Compliance with standards for registration 4 7 Review of operations of schools by Authority 5 8 Repeal of section 4.3.3(4) to (7) 6 9 New sections 4.3.3A to 4.3.3G inserted 6 10 Action after review 11 11 New section 4.3.8A inserted 12 12 Information may be made available 12 13 Statute law revision amendments 14

Part 3—Amendments to other Acts 15

14 Statute law revision amendment—Working with Children Act 2005 15

15 Statute law revision amendment—Workplace Injury Rehabilitation and Compensation Act 2013 15

Part 4—Repeal of amending Act 16 16 Repeal of amending Act 16

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Endnotes 17 1 General information 17

Authorised by the Chief Parliamentary Counsel i

Authorised Version

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

Victoria

Authorised by the Chief Parliamentary Counsel 1

Part 1—Preliminary

Education and Training Reform Amendment (Child Safe Schools) Act 2015 No. 7 of 2015

(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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Authorised by the Chief Parliamentary Counsel

Part 2—Amendments to the Education and Training Reform Act 2006



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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http://www.legislation.vic.gov.au/

Documents

Education and Training Reform Amendment (Child Safe ... · No. 7 of 2015 Part 2—Amendments to the Education and ... Education and Training Reform Amendment (Child Safe Schools)