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Education and Training Reform Amendment (Registration of Early Childhood Teachers and

Victorian Institute of Teaching) Act 2014 No. 19 of 2014

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purposes 12 Commencement 23 Principal Act 3

PART 2—AMENDMENTS RELATING TO POLICE AND CRIMINAL HISTORY CHECKS ON TEACHERS 4

4 Definitions 45 Application for registration 56 Registration 67 Application for permission to teach 68 Permission to teach 89 Application for renewal of registration 810 Heading to Division 6 of Part 2.6 substituted 911 Criminal record checks 912 Sections 2.6.22A and 2.6.23 substituted 10

2.6.22A National criminal history checks 102.6.23 VIT may request information about criminal records

of registered teacher 1113 Secretary may request check of criminal record of employee 1214 New section 6.1.35 inserted 12

6.1.35 Transitional and savings provision—the Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014 12

15 Statute law revision amendments 13

PART 3—THE REGISTER OF DISCIPLINARY ACTION AND OTHER MATTERS 14

16 Definitions 1417 Functions of Institute 14

1

18 New section 2.6.21A substituted 142.6.21A Change in teacher's name or correspondence address

must be notified 1419 Amendment of heading to Division 7 of Part 2.6 1520 The Register of Registered Teachers 1521 Publication of Register of Registered Teachers 1522 Insertion of new section 2.6.29BA 15

2.6.29BA Discretion to record suspension or condition in Register of Disciplinary Action 15

23 Notice of formal hearing 1624 Conduct of a formal hearing 1725 Findings and determinations of a formal hearing 1726 New section 2.6.49A inserted 18

2.6.49A Publication of determinations of formal hearing panels 18

27 Substitution of section 2.6.52 192.6.52 Offence to publish or broadcast information

identifying a complainant or contravening a determination of the panel 19

28 Insertion of new Division 13A in Part 2.6—Register of Disciplinary Action 20

Division 13A—Register of Disciplinary Action 20

2.6.54A The Register of Disciplinary Action 202.6.54B Institute to maintain the Register of Disciplinary

Action 202.6.54C What the Register must contain 202.6.54D Which particulars must not be recorded on the

Register of Disciplinary Action 232.6.54E Institute may decide that particulars be removed

from or excluded from the Register of Disciplinary Action 23

2.6.54F At what time can particulars be recorded in the Register 24

2.6.54G Retention period of particulars contained in Register of Disciplinary Action 25

2.6.54H Removal of particulars contained in Register of Disciplinary Action 25

2.6.54J Updating and correcting particulars contained in the Register of Disciplinary Action 26

PART 4—MEMBERSHIP OF THE COUNCIL OF THE VICTORIAN INSTITUTE OF TEACHING 28

29 Council of the Victorian Institute of Teaching 2830 Sections 2.6.6A and 2.6.6B repealed and substituted 28

2.6.6A Minister's recommendations of persons for appointment as members of the Council 28

2.6.6B Minister must consider certain persons for appointment as members of the Council 29

31 Repeal of section 2.6.63—Elected members 3032 Insertion of new section 6.1.36 30

6.1.36 Transitional and savings provision—the Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014 30

33 Schedule 2—General provisions for authorities 3134 Schedule 5—Regulations 31

PART 5—AMENDMENTS RELATING TO REGISTRATION OF EARLY CHILDHOOD TEACHERS 32

35 Definitions 3236 Definitions 3337 Eligibility of person to be employed as a teacher 3338 Dismissal, suspension and termination of employment 3439 New section 2.3.10A inserted 34

2.3.10A Employment, dismissal and termination of holders of temporary approvals 34

40 Definitions 3541 Definitions 3542 Definitions 3543 Functions of Institute 3744 Minister must consider certain persons for appointment as

members of the council 3845 Application for registration 3846 Interim registration 3947 New Division 3A inserted 39

Division 3A—Registration of early childhood teachers 39

2.6.12A Application for registration 392.6.12B National criminal history checks and information

and testing—registered teachers and applications for registration under Division 3 and this Division 42

2.6.12C Qualification for registration as an early childhood teacher 43

2.6.12D Registration as an early childhood teacher 442.6.12E Provisional registration as an early childhood teacher 46

2.6.12F Non-practising registration as an early childhood teacher 47

2.6.12G Interim registration 4848 Application for permission to teach 4849 New section 2.6.13A inserted 49

2.6.13A National criminal history checks and information—registered early childhood teachers and applicants for registration under Division 3A and this Division 49

50 Permission to teach 5051 Notification of outcome of application 5052 Duration and renewal of registration 5053 Application for renewal of registration 5054 Registration obtained by fraud 5155 Annual fees 5156 National criminal history checks 5257 VIT may request information about criminal records of

registered teacher 5258 The Register of Registered Teachers 5259 Use of certificate as evidence 5360 Heading to Division 7A amended 5361 New section 2.6.26B inserted 53

2.6.26B Institute may request details of early childhood teachers in early childhood services 53

62 Institute may suspend registration or permission to teach 5363 Effect of suspension of registration 5464 Cancellation of registration or permission to teach without

inquiry 5465 Request for conditions on or suspension of registration 5466 Discretion to record suspension or condition in Register of

Disciplinary Action 5567 Powers of inquiry 5568 Institute to notify the teacher of an investigation 5569 Outcome of investigation 5670 Notice of an informal hearing 5671 Notice of medical panel hearing 5672 Findings and determinations of medical panel hearing 5773 Notice of a formal hearing 5774 Findings and determinations of a formal hearing 5775 What the Register must contain 5876 Review by VCAT 5877 Unregistered teachers 5878 New sections 2.6.56A and 2.6.56B inserted 58

2.6.56A Unregistered early childhood teachers 582.6.56B Offence to employ unregistered person for early

childhood teacher requirements 5979 False representation 6180 Return of document 62

81 New Division 15A inserted 62

Division 15A—Early childhood service exemptions and temporary approvals 62

2.6.60A Secretary may exempt early childhood service from funding requirements for registered early childhood teacher 62

2.6.60B Application for a temporary approval to be employed or engaged as an early childhood teacher 63

2.6.60C Grant of temporary approval 652.6.60D Duration and conditions of temporary approvals 652.6.60E Revocation of exemptions and temporary approvals 662.6.60F Provision of information to the Secretary 67

82 Accreditation Committee 6783 New section 2.6.77A inserted 67

2.6.77A Fixing of fees for second registrations 6784 Scope of regulations 6885 Ministerial orders—general provisions 6886 Schedule 5—Regulations 6987 New clause 5A of Schedule 5 inserted 69

5A Temporary approvals 6988 New sections 6.1.37 and 6.1.38 inserted 69

6.1.37 Transitional and savings provision—Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014—registration of early childhood teachers 69

6.1.38 Transitional and savings provision—Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014—VIT Council 71

PART 6—CONSEQUENTIAL AMENDMENTS TO OTHER ACTS 72

89 Amendments to Children, Youth and Families Act 2005 7290 Amendments to Child Employment Act 2003 7291 Amendments to Fundraising Act 1998 7392 Amendments to Working with Children Act 2005 73

PART 7—REPEAL OF AMENDING ACT 75

93 Repeal of amending Act 75═══════════════

ENDNOTES 76

Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian

Institute of Teaching) Act 2014†

No. 19 of 2014

[Assented to 1 April 2014]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purposes

The main purposes of this Act are—

(a) to amend the Education and Training Reform Act 2006—

Victoria

1

(i) to make further provision for police record and criminal history checks on teachers; and

(ii) to make further provision for the conduct of formal hearings; and

(iii) to establish a register of disciplinary actions imposed in relation to teachers; and

(iv) to provide for registration of early childhood teachers; and

(v) to change the membership requirements of the Council of the Victorian Institute of Teaching; and

(vi) to approve in general the operation of that Act; and

(b) to make related consequential amendments to the Children, Youth and Families Act 2005, the Child Employment Act 2003, the Fundraising Act 1998 and the Working with Children Act 2005.

2 Commencement

(1) Part 1 comes into operation on the day after the day on which this Act receives the Royal Assent.

(2) Section 15(2) is taken to have come into operation on 1 January 2011.

(3) Subject to subsection (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(4) If a provision referred to in subsection (3) does not come into operation before 31 December 2015, it comes into operation on that day.

Section Page

2

s. 2

3 Principal Acts. 3

See:Act No.24/2006.Reprint No. 4as at17 January 2013and amendingAct Nos71/2010, 76/2011, 39/2012, 14/2013, 47/2013, 50/2013, 67/2013 and 76/2013.LawToday:www.legislation.vic.gov.au

In this Act, the Education and Training Reform Act 2006 is called the Principal Act.

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Section Page

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PART 2—AMENDMENTS RELATING TO POLICE AND CRIMINAL HISTORY CHECKS ON TEACHERS

4 Definitions

(1) In section 1.1.3(1) of the Principal Act insert the following definitions—

"national criminal history check, in relation to a person, means a check of the criminal history of the person in or outside of Australia with or through a police force or other authority of Victoria, another State, a Territory or the Commonwealth;Note

See section 1.1.3(4) for an interpretive provision relating to the meaning of the criminal history of a person.

State police record check, in relation to a person, means a check of the records held by Victoria Police in relation to that person;".

(2) After section 1.1.3(3) of the Principal Act insert—

"(4) For the purposes of the definition of national criminal history check, the criminal history of a person includes any of the following—

(a) findings of guilt against the person with or without conviction;

(b) any charges outstanding against the person;

(c) convictions recorded against the person when the person was a juvenile;

(d) convictions against the person that are spent.".

s. 4Part 2—Amendments Relating to Police and Criminal History Checks on

Teachers

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5 Application for registration

(1) For section 2.6.7(2)(b)(iii) of the Principal Act substitute—

"(iii) the application fee fixed by the Minister; and".

(2) After section 2.6.7(2)(b)(iii) of the Principal Act insert—

"(iv) a consent signed by the applicant for the Institute to conduct a national criminal history check on the applicant; and

(v) the information specified in the application form relating to the identity of the applicant required for the purposes of the national criminal history check; and

(vi) the fee fixed by the Minister for the national criminal history check.".

(3) For section 2.6.7(2A) of the Principal Act substitute—

"(2A) The application must include an authorisation by the applicant for the Institute to arrange for the conduct of a State police record check—

(a) on the applicant in connection with the consideration of the application; and

(b) if registration is granted, on the teacher from time to time during the period of that registration.".


"(3A) In considering an application for registration, the Institute—

(a) must conduct a national criminal history check on the applicant; and


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(b) may arrange for the conduct of a State police record check on the applicant.".

(5) In section 2.6.7(4)(a) of the Principal Act omit "undergo a criminal record check or".

6 Registration

After section 2.6.9(4) of the Principal Act insert—

"(5) The Institute may, from time to time, arrange for the conduct of a State police record check on a registered teacher during the period of registration of the teacher.".

7 Application for permission to teach

(1) For section 2.6.13(2)(ab) and (b) of the Principal Act substitute—

"(b) accompanied by—

(i) subject to subsection (4), evidence satisfactory to the Institute that the person or body intending to employ or engage the applicant had first attempted to employ or engage a registered teacher to fill the teaching position relating to the application; and

(ii) the application fee fixed by the Minister; and

(iii) a consent signed by the applicant for the Institute to conduct a national criminal history check on the applicant; and

(iv) the information specified in the application form relating to the identity of the applicant required for the purposes of the national criminal history check; and


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(v) the fee fixed by the Minister for the national criminal history check.".


"(2A) The application must include an authorisation by the applicant for the Institute to arrange for the conduct of a State police record check—


(b) if permission to teach is granted, on the teacher from time to time during the period for which the permission remains in force.".

(3) For section 2.6.13(2B) of the Principal Act substitute—

"(2B) In considering an application under this section, the Institute—

(a) must conduct a national criminal history check on the applicant; and

(b) may arrange for the conduct of a State police record check on the applicant.".

(4) In section 2.6.13(3) of the Principal Act, after "application" insert "including information about criminal records".

(5) In section 2.6.13(4) of the Principal Act, for "subsection (2)(ab)" substitute "subsection (2)(b)(i)".


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8 Permission to teach


"(4) The Institute may, from time to time, conduct a State police record check on a person granted permission to teach during the period that the permission to teach remains in force.".

9 Application for renewal of registration

(1) In section 2.6.18(1)(b)(iii) of the Principal Act, for "fee" substitute "application fee".

(2) For section 2.6.18(1A) and (1B) of the Principal Act substitute—

"(1A) If a national criminal history check has not been conducted on the applicant within 4 years before the existing registration is due to expire—

(a) the application for renewal of registration must be accompanied by—

(i) a consent signed by the applicant for the Institute to conduct a national criminal history check on the applicant; and

(ii) the information specified in the application form relating to the identity of the applicant required for the purposes of the national criminal history check; and

(iii) the fee fixed by the Minister for the national criminal history check; and


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(b) in considering the application for renewal of registration, the Institute must conduct a national criminal history check on the applicant.

(1B) The application for renewal of registration must include an authorisation by the applicant for the Institute to arrange for the conduct of a State police record check—


(b) if renewal of registration is granted, on the teacher from time to time during the period of that registration.

(1C) The Institute may arrange for the conduct of a State record police check—

(a) on the applicant in considering an application under this section; and

(b) if renewal of registration is granted, on the registered teacher from time to time during the period of registration of the teacher.".

10 Heading to Division 6 of Part 2.6 substituted

For the heading to Division 6 of Part 2.6 of the Principal Act substitute—

"Division 6—Criminal record and history checks".

11 Criminal record checks

In section 2.6.22(1) of the Principal Act, for "the criminal record check" substitute "a check on any criminal record of the teacher".


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12 Sections 2.6.22A and 2.6.23 substituted

For sections 2.6.22A and 2.6.23 of the Principal Act substitute—

"2.6.22A National criminal history checks

(1) The Institute must ensure that a national criminal history check is conducted in respect of each registered teacher—

(a) before the end of 5 years after the last national criminal history check was conducted in respect of that teacher under this Part or any corresponding previous enactment; or

(b) if such a check has never been conducted on the teacher, as soon as is reasonably practicable.

(2) In addition to conducting a national criminal history check under subsection (1), the Institute may conduct a national criminal history check on a registered teacher at any other time if the Institute reasonably suspects that there are circumstances that warrant the check being conducted at that time.

(3) A registered teacher, at the request of the Institute and by the date notified to the teacher by the Institute, must—

(a) provide to the Institute a consent signed by the teacher for the Institute to conduct a national criminal history check on the teacher under this section; and

(b) provide to the Institute information specified by the Institute relating to the identity of the teacher required for the purposes of the national criminal history check; and


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(c) if the national criminal history check is conducted under subsection (1), pay the fee fixed by the Minister for the national criminal history check.

(4) If a registered teacher, without reasonable excuse, fails to comply with the requirements in subsection (3) relating to a national criminal history check, the Institute may suspend the registration of the teacher.

(5) The Institute may revoke a suspension under subsection (4) if the person concerned—

(a) gives a satisfactory explanation of the failure to comply with the requirements of subsection (3); and

(b) provides to the Institute the consent or identification information required under subsection (3), if it was not provided by the notified date; and

(c) if the national criminal history check is conducted under subsection (1), pays the fee fixed by the Minister for the national criminal history check if it was not paid by the notified date; and

(d) pays any additional fee fixed by the Minister.

2.6.23 VIT may request information about criminal records of registered teacher

(1) The Institute, at any time during the period of registration of a teacher, may require the registered teacher to provide information about any criminal records relating to the teacher, by the date notified to the teacher by the Institute.


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(2) If the registered teacher, without reasonable excuse, fails to provide the information by the notified date, the Institute may suspend the registration of the teacher.

(3) The Institute may revoke a suspension under subsection (2) if the person concerned—

(a) gives a satisfactory explanation of the failure to comply with subsection (1); and

(b) provides to the Institute the required information.".

13 Secretary may request check of criminal record of employee

(1) In the heading to section 5.3.4 of the Principal Act, after "check" insert "of employee".

(2) In section 5.3.4(2) and (3) of the Principal Act, for "criminal record check" (wherever occurring) substitute "check of the person's criminal record".

14 New section 6.1.35 inserted

At the end of Chapter 6 of the Principal Act insert—

"6.1.35 Transitional and savings provision—the Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014

A reference to a national criminal history check in section 2.6.22A(1)(a) includes a reference to a criminal record check within the meaning of Part 2.6 as in force before it was amended by Part 2 of the Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014.".


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15 Statute law revision amendments

(1) In section 2.6.9(1)(c) of the Principal Act, for "2.6.7;" substitute "2.6.7.".

(2) In section 2.6.11(1) of the Principal Act, for "section 2.6.8(a) and (b)" substitute "section 2.6.8(a)(i) and (ii)".

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PART 3—THE REGISTER OF DISCIPLINARY ACTION AND OTHER MATTERS

16 Definitions

(1) In section 1.1.3(1) of the Principal Act insert the following definition—

"Register of Registered Teachers means the Register of Registered Teachers established under section 2.6.24;".

(2) In section 2.6.1 of the Principal Act insert the following definition—

"Register of Disciplinary Action means the Register of Disciplinary Action established under Division 13A;".

17 Functions of Institute

After section 2.6.3(1)(g) of the Principal Act insert—

"(ga) establish and maintain a Register of Disciplinary Action in relation to registered teachers or former registered teachers;".

18 New section 2.6.21A substituted

For section 2.6.21A of the Principal Act substitute—

"2.6.21A Change in teacher's name or correspondence address must be notified

A registered teacher must notify the Institute in writing within 30 days of any change in—

(a) the name of the teacher; or

(b) the address provided by the teacher to be used by the Institute in corresponding with the teacher.".


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19 Amendment of heading to Division 7 of Part 2.6

In the heading to Division 7 of Part 2.6 of the Principal Act, after "Register" insert "of Registered Teachers".

20 The Register of Registered Teachers

(1) In the heading to section 2.6.24 of the Principal Act, after "Register" insert "of Registered Teachers".

(2) In section 2.6.24 of the Principal Act, for "Register of Teachers" substitute "Register of Registered Teachers".

21 Publication of Register of Registered Teachers

(1) In the heading to section 2.6.25 of the Principal Act, after "Register" insert "of Registered Teachers".

(2) In section 2.6.25 of the Principal Act, after "Register" insert "of Registered Teachers".

(3) At the end of section 2.6.25 of the Principal Act insert—

"(2) The Institute may publish the whole or any part of the Register of Registered Teachers in any manner that it considers fit.".

22 Insertion of new section 2.6.29BA

After section 2.6.29B of the Principal Act insert—

"2.6.29BA Discretion to record suspension or condition in Register of Disciplinary Action

(1) Subject to subsection (3), the Institute may determine that it is not appropriate or in the public interest for any of the following particulars to be recorded in the Register of


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Disciplinary Action in accordance with Division 13A—

(a) the suspension of the registration of a teacher imposed under this Division;

(b) the imposition of a condition (whether amended or varied) on the registration of a teacher imposed under this Division.

(2) In making a determination under subsection (1), the Institute may determine the extent to which, the manner in which and the period for which the particulars are recorded in the Register of Disciplinary Action.

(3) In making a determination under subsections (1) and (2), the Institute must consider the circumstances of the suspension of, or the imposition of the condition on, the registration of the teacher.".

23 Notice of formal hearing

(1) In section 2.6.44(c) of the Principal Act, for "determinations." substitute "determinations; and".

(2) After section 2.6.44(c) of the Principal Act insert—

"(d) state that the panel has, under section 2.6.45, the power to make a determination prohibiting the publishing of information that may enable identification of the teacher or a witness; and

(e) include any other prescribed information.".


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24 Conduct of a formal hearing

(1) In section 2.6.45(c) of the Principal Act, for "the identity of the complainant" substitute "any information that might enable the complainant to be identified".

(2) For section 2.6.45(f) of the Principal Act substitute—

"(f) the panel may determine that any information that might enable the teacher who is the subject of the hearing to be identified prior to the making of the final determination must not be published or broadcast if the panel considers it necessary to do so to avoid prejudicing the administration of justice or for any other reason in the interests of justice; and

(g) the panel may determine that any evidence given before it and the content of any document produced to it during the hearing must not be published or broadcast prior to or after the making of a final determination if the panel considers it necessary to do so to avoid prejudicing the administration of justice or for any other reason in the interests of justice.".

25 Findings and determinations of a formal hearing


"(4) In addition to a determination made under subsection (2) the panel may determine—

(a) subject to subsection (5)—

(i) that it is not appropriate or in the public interest for any particulars relating to the hearing, including any determination made under


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subsection (2), to be recorded in the Register of Disciplinary Action in accordance with Division 13A; and

(ii) the extent to which, the manner in which and the period for which those particulars are recorded in the Register of Disciplinary Action; or

(b) that any information, which might enable the teacher who is the subject of a determination made under subsection (2) to be identified, must not be published or broadcast if the panel considers it necessary to do so to avoid prejudicing the administration of justice or for any other reason in the interests of justice.

(5) In making a determination under subsection (4)(a), the panel must consider the circumstances of the determination made under subsection (2).".

26 New section 2.6.49A inserted

After section 2.6.49 of the Principal Act insert—

"2.6.49A Publication of determinations of formal hearing panels

The Institute may publish the whole or part of the findings, reasons or a determination of a formal hearing panel relating to a matter heard by the panel in any manner that it thinks fit, if the publication of the findings, reasons or determination is not in contravention of section 2.6.45(c) or a determination made under section 2.6.45 or 2.6.46(4)(b).".


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27 Substitution of section 2.6.52

For section 2.6.52 of the Principal Act substitute—

"2.6.52 Offence to publish or broadcast information identifying a complainant or contravening a determination of the panel

(1) A person must not publish or broadcast or cause to be published or broadcast any report of a formal hearing under this Part, including any determination made during the hearing, which contains information that would enable the complainant to be identified.

Penalty: 50 penalty units in the case of a natural person and 100 penalty units in the case of a body corporate.

(2) A person must not publish or broadcast or cause to be published or broadcast any report of a formal hearing under this Part, including any determination made during the hearing, which contains information in contravention of a determination of the formal hearing panel made under section 2.6.45 or 2.6.46(4)(b).

Penalty: 50 penalty units in the case of a natural person and 100 penalty units in the case of a body corporate.".


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28 Insertion of new Division 13A in Part 2.6—Register of Disciplinary Action


"Division 13A—Register of Disciplinary Action

2.6.54A The Register of Disciplinary Action

There is to be a Register of Disciplinary Action in relation to registered teachers and former registered teachers.

2.6.54B Institute to maintain the Register of Disciplinary Action

(1) The Institute must establish and maintain the Register of Disciplinary Action in accordance with this Division.

(2) The Institute must make an up to date copy of the Register available for inspection by any person at the Institute's offices, during normal office hours, free of charge.

(3) The Institute may publish the whole or any part of the Register in any manner that it considers fit.

2.6.54C What the Register must contain

(1) Subject to section 2.6.54D, the Register of Disciplinary Action must contain the following particulars in respect of registered teachers or former registered teachers, as the case requires—

(a) any disciplinary action of a kind set out in subsection (2) imposed, in relation to a registered teacher, by or under this Act or a corresponding previous enactment and whether or not imposed


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before the commencement of this Division;

(b) the date that the disciplinary action took effect;

(c) the date that disciplinary action will cease to have effect (if relevant);

(d) the teacher's name at the time at which the disciplinary action came into effect and any subsequent name of that teacher of which the Institute is aware;

(e) the teacher's registration number or former registration number;

(f) whether the disciplinary action relates to registration under Division 3 or 4;

(g) any other information prescribed in the regulations.

(2) For the purposes of subsection (1), the following disciplinary actions are to be recorded in the Register—

(a) the imposition of conditions, limitations or restrictions on the registration of the teacher;

(b) the cautioning of the teacher;

(c) the reprimanding of the teacher;

(d) the suspension of the registration of the teacher including any conditions, limitations or restrictions relating to the suspension (other than under section 2.6.21(2), 2.6.22A(5) or 2.6.23(2));

(e) the cancellation of the registration of the teacher (other than under section 2.6.29C);


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Note

A cancellation under section 2.6.29C arises when a registered teacher voluntarily surrenders his or her registration and asks the Institute to cancel that registration.

(f) the disqualification of the teacher from applying for registration as a teacher or permission to teach within a specified period if the teacher's registration or permission to teach is cancelled;

(g) the cessation of the teacher's registration if convicted or found guilty of a sexual offence;

(h) the cessation of the teacher's permission to teach if convicted or found guilty of a sexual offence;

(i) the disqualification from teaching in a school if convicted or found guilty of a sexual offence;

(j) the voluntary suspension of the registration of the teacher or the voluntary imposition of a condition on a registration of the teacher or both under Division 9A.

Note

The disciplinary actions that must be recorded in the Register of Disciplinary Action under subsection (2) are subject to the exclusions listed in section 2.6.54D.


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2.6.54D Which particulars must not be recorded on the Register of Disciplinary Action

The following particulars must not be recorded in the Register of Disciplinary Action—

(a) any particular relating to a disciplinary action imposed—

(i) by a determination of an informal hearing panel (whether imposed under this Act or a previous corresponding enactment); or

(ii) by a medical hearing panel; or

(iii) under Division 9A, which is based solely on medical grounds; or

(b) any particular relating to a disciplinary action imposed under Division 9A to the extent to which it contravenes a determination of the Institute made under section 2.6.29BA; or

(c) any particular relating to a disciplinary action imposed by a determination of a formal hearing panel to the extent to which it contravenes a determination of the panel made under section 2.6.45 or 2.6.46(4)(a); or

(d) any particular that the Institute, under section 2.6.54E, has decided is not to be recorded in the Register.

2.6.54E Institute may decide that particulars be removed from or excluded from the Register of Disciplinary Action

(1) The Institute, on the application of a registered teacher or a former registered


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teacher, may decide that all or any of the particulars to be contained in the Register in respect of that person are not to be initially recorded in the Register or are to be removed from the Register if the Institute is satisfied that—

(a) the exclusion of the particular is necessary to avoid endangering the physical safety of a person; and

(b) there is no overriding public interest for the particular to be included or to remain in the Register.

(2) The Institute, on its own initiative, may decide to remove particulars from the Register that relate to the cautioning or reprimanding of a registered teacher if the Institute considers that it is no longer appropriate or in the public interest for the particulars to remain in the Register.

2.6.54F At what time can particulars be recorded in the Register

Particulars required to be contained in the Register of Disciplinary Action may be recorded in the Register by the Institute—

(a) in the case of a disciplinary action referred to in section 2.6.54C(2)(a) to (f) that is imposed by a formal hearing panel, at the later of the following—

(i) the end of the period within which the teacher may apply to VCAT for a review of the determination of the formal hearing panel that imposed the action;

(ii) the end of the period within which the teacher may appeal to a court


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from an order of VCAT that affirmed, varied or substituted the determination;

(iii) when the determination of the formal hearing panel or order of VCAT is affirmed, varied or substituted by VCAT or a court, as the case may be;

(b) in all other cases, the time at which the disciplinary action takes effect.

2.6.54G Retention period of particulars contained in Register of Disciplinary Action

Subject to section 2.6.54H, particulars of a disciplinary action recorded in the Register of Disciplinary Action must remain on the Register for whichever is the longer of the following periods—

(a) 5 years after the disciplinary action takes effect;

(b) the period for which the disciplinary action continues to have effect.

Note

For example, if a teacher's registration is cancelled, the particulars recorded in the Register relating to that cancellation will remain on the Register until he or she is re-registered.

2.6.54H Removal of particulars contained in Register of Disciplinary Action

The Institute must remove particulars relating to a disciplinary action recorded in the Register of Disciplinary Action in the following circumstances—

(a) at the end of the retention period for the particulars;


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(b) in accordance with a court order to remove the particulars;

(c) in the case of a disciplinary action referred to in section 2.6.54C(2)(g) to (i), when the Institute becomes aware of the quashing or setting aside of the conviction or finding of guilt relating to that action;

(d) if the period within which an application to VCAT for a review of the formal hearing panel's determination imposing the action has been extended by VCAT;

(e) in the case of a suspension of registration under section 2.6.27, on the occurrence of any of the things listed in section 2.6.27(10)(b)(i) to (v);

(f) if the Institute decides under section 2.6.54E that a particular must be removed.

2.6.54J Updating and correcting particulars contained in the Register of Disciplinary Action

(1) The Institute must note the following in the Register of Disciplinary Action in respect of particulars recorded in the Register, as soon as is reasonably practicable—

(a) that a condition imposed on a registered teacher's registration has been amended or varied or satisfied and the details of any amendment or variation;

(b) that any restriction or limitation imposed on a registered teacher's


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registration has been amended and details of that amendment;

(c) that any restriction or limitation imposed on a registered teacher's registration has been removed;

(d) that any suspension of a former registered teacher's registration under this Part has been revoked;

(e) that a former registered teacher has been re-registered under this Part following the cancellation of his or her registration.

(2) A note made by the Institute in the Register under subsection (1) in respect of particulars recorded in the Register does not affect the retention period of the particulars under section 2.6.54G.

(3) The Institute may correct any error or omission in the particulars recorded in the Register.".

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PART 4—MEMBERSHIP OF THE COUNCIL OF THE VICTORIAN INSTITUTE OF TEACHING

29 Council of the Victorian Institute of Teaching

For section 2.6.6(3) of the Principal Act substitute—

"(3) The Council is to consist of not more than 12 members of whom—

(a) 11 are to be appointed by the Governor in Council on the recommendation of the Minister in accordance with section 2.6.6A; and

(b) one is to be the Secretary or the nominee of the Secretary.

(4) The majority of the members appointed under subsection (3)(a) must be registered teachers or persons who are engaged or employed as early childhood teachers.

(5) The Governor in Council, on the recommendation of the Minister, must appoint one of the members appointed under subsection (3)(a), who is a registered teacher or a principal, as the Chairperson of the Council.".

30 Sections 2.6.6A and 2.6.6B repealed and substituted

For sections 2.6.6A and 2.6.6B of the Principal Act substitute—

"2.6.6A Minister's recommendations of persons for appointment as members of the Council

Subject to section 2.6.6(4), the Minister, in recommending persons to the Governor in Council to be appointed to the Council, must ensure that—


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(a) the persons recommended possess, in the opinion of the Minister, the skills, experience or qualifications that are relevant to enable the Council to exercise its powers and perform its duties and functions; and

(b) the persons recommended include persons who have knowledge of, or experience in, the following areas—

(i) management;

(ii) finance;

(iii) law;

(iv) corporate governance.

2.6.6B Minister must consider certain persons for appointment as members of the Council

The Minister must give consideration to recommending persons from the following classes of person for appointment to the Council under section 2.6.6A—

(a) registered teachers currently teaching in—

(i) Government schools (other than schools for students with disabilities or impairments); or

(ii) Government schools for students with disabilities or impairments; or

(iii) non-Government schools (other than schools operating under the auspices of the Catholic Education Commission); or


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(iv) non-Government schools operating under the auspices of the Catholic Education Commission;

(b) persons who are engaged or employed in early childhood services as early childhood teachers;

(c) parents of students in schools or children in early childhood services;

(d) employers of registered teachers and persons who are engaged or employed in early childhood services as early childhood teachers;

(e) providers of education to registered teachers or to persons who wish to qualify as teachers or early childhood teachers.".

31 Repeal of section 2.6.63—Elected members

Section 2.6.63 of the Principal Act is repealed.

32 Insertion of new section 6.1.36


"6.1.36 Transitional and savings provision—the Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014

The Council of the Victorian Institute of Teaching is taken to be the same body on and after the commencement of Part 4 of the Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014 as it was before the changes made to its constitution effected under Part 4 of that Act.".


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33 Schedule 2—General provisions for authorities

Clause 2(2) of Schedule 2 to the Principal Act is repealed.

34 Schedule 5—Regulations

Clause 6 of Schedule 5 to the Principal Act is repealed.

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PART 5—AMENDMENTS RELATING TO REGISTRATION OF EARLY CHILDHOOD TEACHERS

35 Definitions

In section 1.1.3(1) of the Principal Act—

(a) insert the following definitions—

"declared composite program means a preschool program—

(a) referred to in paragraph (b) of the definition of education and care service in section 5 of the Education and Care Services National Law (Victoria); and

(b) declared by Ministerial Order to be an early childhood service for the purposes of this Act;

early childhood service means—

(a) an education and care service within the meaning of the Education and Care Services National Law (Victoria); or

(b) a children's service within the meaning of the Children's Services Act 1996; or

(c) a declared composite program;

national regulations means the regulations made under the Education and Care Services National Law (Victoria);";

(b) insert the following definitions—

"registered early childhood teacher means a person registered under Division 3A of Part 2.6 as an early childhood teacher;


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temporary approval means a temporary approval granted under section 2.6.60C;";

(c) in the definition of registered teacher, after "teacher" insert "or an early childhood teacher";

(d) the definition of early childhood is repealed.

36 Definitions

In section 2.3.1 of the Principal Act—

(a) insert the following definition—

"early childhood teacher has the meaning given in section 2.6.1;";

(b) in the definition of teacher, for "school;" substitute "school, but does not include an early childhood teacher.";

(c) the definition of teaching staff is repealed.

37 Eligibility of person to be employed as a teacher

(1) In the heading to section 2.3.9 of the Principal Act, after "teacher" insert "or an early childhood teacher".

(2) In section 2.3.9(1) of the Principal Act, after "teacher" insert "or an early childhood teacher".

(3) In section 2.3.9(2) of the Principal Act, for "this Act" substitute "Division 3 or 4 of that Part".


"(3) A person is not eligible to be employed by a school council as an early childhood teacher in an early childhood service unless the person—


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(a) is registered as an early childhood teacher under Division 3A of Part 2.6; or

(b) is taken to be an early childhood teacher under regulation 242 of the national regulations.".

38 Dismissal, suspension and termination of employment

(1) In section 2.3.10(1) of the Principal Act, after "teacher" insert "or an early childhood teacher".

(2) In section 2.3.10(2) of the Principal Act—

(a) after "Part 2.6" insert "or an early childhood teacher";

(b) in paragraph (a), after "teacher" insert "or an early childhood teacher".

(3) In section 2.3.10(3) of the Principal Act, after "Part 2.6" insert "or an early childhood teacher".



"2.3.10A Employment, dismissal and termination of holders of temporary approvals

(1) A person who holds a temporary approval who has, at any time, in Victoria or elsewhere, been convicted or found guilty of a sexual offence is not eligible to be employed by a school council under an exemption granted to an early childhood service.

(2) A school council must dismiss or remove a person who holds a temporary approval if—

(a) the person's temporary approval expires or is revoked under section 2.6.60E; or


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(b) the exemption granted to the early childhood service expires or is revoked under section 2.6.60E.".

40 Definitions

For the definition of registered in section 2.4.1 of the Principal Act substitute—

"registered, in relation to a person employed in the teaching service, means registered under Part 2.6 and includes permitted to teach under Part 2.6 but does not include—

(a) a person who holds non-practising registration under that Part; or

(b) a person who is registered under Division 3A of that Part;".

41 Definitions

In section 2.5.1 of the Principal Act insert the following definition—

"early childhood means the period of childhood up to 6 years of age;".

42 Definitions


(a) insert the following definitions—

"approved early childhood teaching qualification means—

(a) a qualification included in the list of approved early childhood teaching qualifications published under the national regulations; or

(b) a qualification that the National Authority has determined is equivalent to a qualification referred to in paragraph (a);


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early childhood teacher—

(a) includes a preschool teacher and a kindergarten teacher; and

(b) does not include an educator (within the meaning of section 5 of the Education and Care Services National Law (Victoria)) or a staff member of a children's service (within the meaning of the Children's Services Act 1996), who does not hold an approved early childhood teaching qualification; and

(c) does not include a teacher;

National Authority has the meaning given in section 5(1) of the Education and Care Services National Law (Victoria);";

(b) insert the following definition—

"kindergarten funding guidelines means the guidelines in relation to kindergarten funding contained in The Kindergarten Guide published on the Department's website;";

(c) in the definition of fitness to teach, after "in a school" insert "or in an early childhood service";

(d) in the definition of misconduct—

(i) after "a teacher" insert "or an early childhood teacher";

(ii) after "the teacher" (wherever occurring) insert "or early childhood teacher".


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43 Functions of Institute


(a) after paragraph (c) insert—

"(ca) recommend for the approval of the Minister criteria and standards for the registration and renewal of registration of, or for the recognition of higher levels of professional practice attained by, registered early childhood teachers in early childhood services in Victoria;";

(b) in paragraph (d)(ii), for "teachers in Victorian schools" substitute "teachers and early childhood teachers in Victorian schools and early childhood services";

(c) after paragraph (e) insert—

"(ea) grant registration to teach in Victorian early childhood services;";

(d) after paragraph (f) insert—

"(fa) issue certificates of registration to those early childhood teachers who are registered to teach in Victorian early childhood services;";

(e) for paragraph (g) substitute—

"(g) maintain a register of teachers and early childhood teachers who are registered to, or have permission to, teach in schools and early childhood services in Victoria;";

(f) in paragraph (i), after "teacher" insert "or an early childhood teacher";

(g) in paragraph (j), after "teachers" insert "and early childhood teachers";


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(h) in paragraph (m), after "teachers" (where twice occurring) insert "and early childhood teachers".


(a) for "teachers in schools" substitute "teachers and early childhood teachers in schools and early childhood services";

(b) after "subsection (1)(c)" insert "or (ca)".

44 Minister must consider certain persons for appointment as members of the council

(1) In section 2.6.6(4) of the Principal Act, omit "or persons who are engaged or employed as early childhood teachers".

(2) In section 2.6.6B of the Principal Act—

(a) for paragraph (b) substitute—

"(b) registered early childhood teachers currently engaged or employed in early childhood services;";

(b) for paragraph (d) substitute—

"(d) employers of registered teachers;".

45 Application for registration

(1) In section 2.6.7(2)(b) of the Principal Act, before "accompanied by" insert "subject to subsection (5),".

(2) In section 2.6.7(3A)(a) of the Principal Act, before "must" insert "subject to subsection (5),".


"(5) If the applicant is a registered early childhood teacher on whom a national criminal history check has been conducted in the previous 5 years—


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(a) the Institute is not required to conduct a national criminal history check on the applicant; and

(b) the application is not required to comply with subsection (2)(b)(iv) to (vi).".

46 Interim registration

In section 2.6.12(3) of the Principal Act, after "registration" insert "under this Division".

47 New Division 3A inserted


"Division 3A—Registration of early childhood teachers

2.6.12A Application for registration

(1) An application for registration as an early childhood teacher may be made to the Institute.

(2) An application must be—

(a) made in the form approved by the Institute; and

(b) subject to section 2.6.12B, accompanied by—

(i) evidence that the person is qualified for registration in accordance with section 2.6.12C; and

(ii) details of any information required by section 2.6.57; and

(iii) the application fee fixed by the Minister; and


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(iv) a consent signed by the applicant for the Institute to conduct a national criminal history check; and

(v) the information specified in the application form relating to the identity of the applicant required for the purposes of the national criminal history check; and

(vi) the fee fixed by the Minister for the national criminal history check.

(3) The application must include an authorisation by the applicant for the Institute to arrange for the conduct of a State police record check—


(b) if registration is granted, on the early childhood teacher from time to time during the period that the registration, if granted, remains in force.

(4) The application must include an address for the applicant to be used by the Institute in corresponding with the applicant.

(5) The Institute may require an applicant to provide further information or material in respect of the application.

(6) In considering an application for registration, the Institute—

(a) subject to section 2.6.12B, must conduct a national criminal history check on the applicant; and

(b) may arrange for the conduct of a State police record check on the applicant.


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(7) Subject to section 2.6.12B, the Institute may require an applicant for registration to—

(a) provide information about criminal records;

(b) provide information about—

(i) any current or previous right to teach or to be employed as a teacher or an early childhood teacher in another jurisdiction; or

(ii) any refusal, including the cancellation, of the right to teach or to be employed as a teacher or an early childhood teacher in another jurisdiction and the reasons, including those given by the body responsible in that jurisdiction for any such refusal or cancellation, for the refusal or cancellation;

(c) provide information about any previous refusal to register the applicant, or any cancellation of the applicant's registration, to carry out a profession in Victoria or in another jurisdiction and the reasons, including those given by the body responsible in that jurisdiction for any such refusal or cancellation, for the refusal or cancellation;

(d) submit to any tests or provide any references or reports to determine the suitability of the person to teach;

(e) submit to any medical or psychiatric examination that the Institute considers appropriate and, if required by the Institute, to provide any results or reports of the examination.


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2.6.12B National criminal history checks and information and testing—registered teachers and applications for registration under Division 3 and this Division

(1) If the applicant is a teacher registered under Division 3 or 4 on whom a national criminal history check has been conducted in the previous 5 years—


(b) the requirements of section 2.6.12A(2)(b)(iv), (v) and (vi) do not apply to the application for registration.

(2) If the applicant makes, at the same time as the application under section 2.6.12A, an application for registration as a teacher under Division 3—

(a) the requirements of section 2.6.12A(2)(b)(iv), (v) and (vi) do not apply to the application for registration under this Division; and

(b) the applicant is not required to provide information or submit to testing under section 2.6.12A(7) if that information or testing has been provided or submitted to in relation to the application under section 2.6.7(4).

(3) In considering an application for registration under this Division made at the same time as an application for registration under Division 3, the Institute—

(a) must take into account a national criminal history check conducted under section 2.6.7(3A); and


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(b) may take into account any information provided or testing submitted to under section 2.6.7(4).

2.6.12C Qualification for registration as an early childhood teacher

A natural person is qualified to be registered as an early childhood teacher—

(a) if the person—

(i) has obtained an approved early childhood teaching qualification, or is taken under the national regulations to hold an approved early childhood teaching qualification; and

(ii) produces evidence that the person satisfies the criteria approved by the Minister about—

(A) suitability to be an early childhood teacher; and

(B) competence in speaking or communicating in the English language for the person to teach in an early childhood service; and

(iii) produces evidence that the person has achieved the standards of professional practice required for registration as an early childhood teacher that are approved by the Minister; or

(b) if the person is currently registered as a non-practising early childhood teacher.


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2.6.12D Registration as an early childhood teacher

(1) The Institute may register an applicant as an early childhood teacher if—

(a) the applicant is qualified for registration under section 2.6.12C; and

(b) there are no grounds under subsection (2) under which the Institute may refuse to grant registration to the applicant; and

(c) the applicant has satisfied the requirements of section 2.6.12A.

(2) The Institute may refuse to grant registration to an applicant on any one or more of the following grounds—

(a) that the character of the applicant is such that it would not be in the public interest to allow the applicant to teach in an early childhood service;

(b) that the applicant has been convicted or found guilty of a sexual offence or an indictable offence in Victoria or an equivalent offence in another jurisdiction;

(c) that the applicant has been convicted or found guilty of an offence where the ability of the applicant to teach in an early childhood service is likely to be affected because of the conviction or finding of guilt, or where it is not in the public interest to allow the applicant to teach in an early childhood service because of the conviction or finding of guilt;


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(d) that—

(i) the applicant has previously held a right to teach (being the equivalent of registration under this Part), or been employed as a teacher or an early childhood teacher, in a school or an early childhood service (or equivalent) in another State or Territory or another country; and

(ii) that right or employment has been cancelled or suspended and not restored because of conduct which, if committed within Victoria, would entitle the Institute to suspend or cancel the registration;

(e) that the applicant has been seriously incompetent in their teaching practice when employed as a teacher or early childhood teacher in a school or an early childhood service (or equivalent) in Victoria or in any other State or Territory or country;

(f) that the applicant has not produced evidence which satisfies the Institute of his or her suitability to teach.

(3) The Institute may impose any condition, limitation or restriction it thinks appropriate on the registration of an early childhood teacher under this section including a condition that the teacher provide information about criminal records within the period specified by the Institute.


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(4) The Institute may, on application by a person granted registration, amend, vary or revoke any condition, limitation or restriction imposed under subsection (3).

(5) The Institute may arrange for the conduct of a State police record check on a registered early childhood teacher during the period of registration as an early childhood teacher.

2.6.12E Provisional registration as an early childhood teacher

(1) An applicant who is qualified in accordance with section 2.6.12C except that the applicant has not achieved to the satisfaction of the Institute the standard of professional practice required for registration under section 2.6.12C is eligible to be provisionally registered.

(2) Provisional registration is subject to the condition that the registered person will before the end of the second year after the registration or within any further period not exceeding 3 months authorised by the Institute achieve the standard of professional practice required for registration under section 2.6.12C.

(3) The provisional registration of an early childhood teacher continues in force for the period not exceeding 2 years that is specified by the Institute or for a further period not exceeding 3 months that is specified by the Institute or until the registered early childhood teacher achieves the standard of professional practice required for registration under section 2.6.12C, whichever occurs first.


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(4) The Institute may impose any condition, limitation or restriction it thinks appropriate on the provisional registration of an early childhood teacher including a condition that the teacher provide information about criminal records within the period specified by the Institute.

(5) The Institute may, upon application by the registered early childhood teacher, amend, vary or revoke any condition, limitation or restriction imposed under subsection (4).

2.6.12F Non-practising registration as an early childhood teacher

(1) A person who is entitled to or eligible for registration under section 2.6.12C(a)(i) and (ii) but who does not intend to undertake the duties of an early childhood teacher in an early childhood service may apply to be registered as a non-practising early childhood teacher under this section.

(2) A person who is registered as an early childhood teacher under this Act and would be eligible for renewal of registration under section 2.6.18 except that the person does not satisfy the requirements of section 2.6.18(1)(b)(i) may apply to be registered as a non-practising early childhood teacher under this section if that person does not intend to undertake the duties of an early childhood teacher in an early childhood service.

(3) The Institute may register a person as a non-practising early childhood teacher subject to any condition imposed by the Institute.

(4) Registration under this section remains in force for the period fixed by the Institute.


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2.6.12G Interim registration

(1) An applicant for registration may be granted interim approval to be employed or engaged as an early childhood teacher in an early childhood service if the person is entitled to that registration but it is not practicable to wait until the Institute can consider the application.

(2) The person appointed to act as chief executive officer of the Institute may grant interim approval to an applicant to be employed or engaged as an early childhood teacher in an early childhood service until the next meeting of the Institute.

(3) Interim approval granted under this section by the chief executive officer is to be treated during the period of approval as being registration under this Division granted by the Institute under this Part.".

48 Application for permission to teach


(a) in paragraph (b), before "accompanied by" insert "subject to section 2.6.13A,";

(b) in paragraph (b)(i), for "registered teacher" substitute "teacher registered under Division 3 of this Part".

(2) In section 2.6.13(2B)(a) of the Principal Act, before "must" insert "subject to section 2.6.13A,".


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"2.6.13A National criminal history checks and information—registered early childhood teachers and applicants for registration under Division 3A and this Division

(1) If the applicant is a registered early childhood teacher on whom a national criminal history check has been conducted in the previous 5 years—


(b) the requirements of section 2.6.13(2)(b)(iv), (v) and (vi) do not apply to the application for permission to teach.

(2) If the applicant makes, at the same time as the application under section 2.6.13, an application for registration as an early childhood teacher—

(a) the requirements of section 2.6.13(2)(b)(iv), (v) and (vi) do not apply to the application for permission to teach; and

(b) the applicant is not required to provide information under section 2.6.13(3) if that information has been provided in relation to the application under section 2.6.12A(7).

(3) In considering an application for permission to teach made at the same time as an application for registration under Division 3A, the Institute—

(a) must take into account a national criminal history check conducted under section 2.6.12A(6); and


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(b) may take into account any information provided or testing submitted to under section 2.6.12A(7).".

50 Permission to teach


"(5) Permission to teach does not permit a person to be employed by or engaged in an early childhood service as an early childhood teacher.".

51 Notification of outcome of application

In section 2.6.16(2)(a)(i) of the Principal Act, before "the type" insert "the Division of this Part under which registration has been granted,".

52 Duration and renewal of registration

(1) In section 2.6.17(1) and (2) of the Principal Act, after "teacher" insert "or an early childhood teacher".


(a) after "section 2.6.10" insert "or 2.6.12E";

(b) after "section 2.6.11" insert "or 2.6.12F";

(c) after "section 2.6.12" insert "or 2.6.12G".

53 Application for renewal of registration

(1) In section 2.6.18(1A)(a) of the Principal Act, before "the application for renewal" insert "subject to subsection (1D),".

(2) After section 2.6.18(1C) of the Principal Act insert—

"(1D) An application for renewal of registration under Division 3A is not required to comply


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with subsection (1A)(a)(ii) and (iii) if made at the same time as an application by the applicant for renewal of registration under Division 3.".

54 Registration obtained by fraud

In section 2.6.20(1) of the Principal Act—

(a) after "a teacher" insert "or an early childhood teacher";

(b) after "the teacher" insert "or early childhood teacher".

55 Annual fees

(1) In section 2.6.21(2) of the Principal Act, for "the registration of the teacher or their permission to teach" substitute "all registrations under this Part held by the teacher".


"(2A) Despite subsection (2), if the registered teacher fails to pay the annual registration fee for the teacher's second registration without reasonable excuse by the date fixed by the Institute and notified to the teacher, the Institute may suspend the second registration of the teacher.".

(3) In section 2.6.21(3) of the Principal Act, after "subsection (2)" insert "or (2A)".


"(4) In this section—


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second registration means—

(a) if the teacher holds registration under Divisions 3 and 3A, whichever registration was granted later;

(b) if the teacher holds registration under Division 3A and has been granted permission to teach, the permission to teach.".

56 National criminal history checks

In section 2.6.22A(4) of the Principal Act, for "the registration of" substitute "all registrations under this Part held by".

57 VIT may request information about criminal records of registered teacher

(1) In section 2.6.23(1) of the Principal Act, after "a teacher" insert "or an early childhood teacher".

(2) In section 2.6.23(2) of the Principal Act, for "the registration of" substitute "all registrations under this Part held by".

58 The Register of Registered Teachers

(1) In section 2.6.24 of the Principal Act, after "registered teacher" insert "and each registration held by the teacher".

(2) After section 2.6.24(a) of the Principal Act insert—

"(ab) the Division of this Part under which the teacher is registered;".

59 Use of certificate as evidence

In section 2.6.26(a) of the Principal Act, after "teacher" insert "or an early childhood teacher".

s. 56s. 59Part 2—Amendments Relating to Police and Criminal History Checks on

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60 Heading to Division 7A amended

In the heading to Division 7A of Part 2.6 of the Principal Act, for "in schools" substitute "and early childhood teachers".

61 New section 2.6.26B inserted

After section 2.6.26A of the Principal Act insert—

"2.6.26B Institute may request details of early childhood teachers in early childhood services

(1) The Institute may in writing request a person or body who employs or engages persons as early childhood teachers in or for an early childhood service to provide (within 28 days of the request) details of the name, registration number and date of birth of all or any of those persons in respect of the date or dates and in the manner determined by the Institute.

(2) A person or body to whom a request is made under subsection (1) must comply with that request.

Penalty: 60 penalty units for a natural person and 300 penalty units for a body corporate.".

62 Institute may suspend registration or permission to teach

(1) In section 2.6.27(1) of the Principal Act, for "the registration held by, or the permission to teach granted to," substitute "all registrations under this Part held by".

(2) In section 2.6.27(2) of the Principal Act, for "the registration held by, or the permission to teach granted to," substitute "all registrations under this Part held by".

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(3) For section 2.6.27(3)(a) of the Principal Act substitute—

"(a) that the Institute intends to suspend each registration under this Part held by the person;".

(4) In section 2.6.27(4) and (7) of the Principal Act, after "a teacher" insert "or an early childhood teacher".

63 Effect of suspension of registration

In section 2.6.28 of the Principal Act, after "a teacher" insert "or an early childhood teacher".

64 Cancellation of registration or permission to teach without inquiry

(1) In section 2.6.29(1) of the Principal Act, after "a teacher" insert "or an early childhood teacher".

(2) In section 2.6.29(3) of the Principal Act, after "in a school" insert "or an early childhood service".

65 Request for conditions on or suspension of registration

For section 2.6.29A(2) of the Principal Act substitute—

"(2) If the Institute and the registered teacher agree on the suspension of the registration or a condition to be imposed on the registration or to both of those things occurring, the Institute may—

(a) suspend the registration or impose the condition on the registration (as the case requires); or

(b) if the teacher holds registration under more than one Division of this Part, suspend or impose the condition on one or both registrations (as the case requires).".


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66 Discretion to record suspension or condition in Register of Disciplinary Action

In section 2.6.29BA of the Principal Act—

(a) in subsection (1), after "a teacher" (where twice occurring) insert "or an early childhood teacher";

(b) in subsection (3), after "the teacher" insert "or early childhood teacher".

67 Powers of inquiry


"(3) If the teacher holds registration under more than one Division of this Part, the notification under subsection (2) must also state the registration to which the inquiry relates.".

68 Institute to notify the teacher of an investigation

After section 2.6.33B(2) of the Principal Act insert—

"(2A) If the teacher holds registration under more than one Division of this Part a notice under subsection (2) must also state—

(a) the registration to which the investigation relates; and

(b) that on completing an investigation, a recommendation may be made in relation to both registrations.".

69 Outcome of investigation



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"(1A) If the teacher holds registration under more than one Division of this Part, a recommendation under subsection (1)(d) may be made in relation to one or both registrations.".

70 Notice of an informal hearing


(a) after paragraph (a) insert—

"(ab) if the teacher holds registration under more than one Division of this Part, the registration to which the hearing relates; and";

(b) in paragraph (f), after "make" insert "including application of those findings to teachers holding registration under more than one Division of this Part".

71 Notice of medical panel hearing

In section 2.6.41C of the Principal Act—

(a) after paragraph (a) insert—

"(ab) if the teacher holds registration under more than one Division of this Part, the registration to which the hearing relates; and";

(b) in paragraph (f), after "make" insert "including application of those findings to teachers holding registration under more than one Division of this Part".

72 Findings and determinations of medical panel hearing

After section 2.6.41E(2) of the Principal Act insert—


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"(2A) If the teacher holds registration under more than one Division of this Part, a determination under subsection (2) may be made in relation to one or both registrations.".

73 Notice of a formal hearing

(1) After section 2.6.44(a) of the Principal Act insert—

"(ab) if the teacher holds registration under more than one Division of this Part, the registration to which the hearing relates; and".

(2) At the end of section 2.6.44 of the Principal Act insert—

"(2) The list of possible findings in a notice of a formal hearing must include application of those findings to teachers holding registration under more than one Division of this Part.".

74 Findings and determinations of a formal hearing

(1) In section 2.6.46(2)(k) of the Principal Act, for "Division 3 or 4" substitute "Divisions 3, 3A and 4".


"(2A) If the teacher holds registration under more than one Division of this Part, the panel may make a determination under subsection (2)(h), (i) or (j) in relation to one or to both registrations.".

75 What the Register must contain

(1) In section 2.6.54C(1)(f) of the Principal Act, for "Division 3 or 4" substitute "Division 3, 3A or 4".



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(2) In section 2.6.54C(2) of the Principal Act—

(a) in paragraph (f), after "registration as a teacher" insert "or an early childhood teacher";

(b) in paragraph (i), after "school" insert "or an early childhood service".

76 Review by VCAT

In section 2.6.55(1)(d)(iii) of the Principal Act, for "Division 3 or 4" substitute "Divisions 3, 3A and 4".

77 Unregistered teachers

(1) In section 2.6.56(1) of the Principal Act, before "this Part" (where first occurring) insert "Division 3 of".

(2) In section 2.6.56(2) of the Principal Act, before "this Part" (where first occurring) insert "Division 3 of".

(3) In section 2.6.56(3) of the Principal Act, before "this Part" insert "Division 3 of".

78 New sections 2.6.56A and 2.6.56B inserted


"2.6.56A Unregistered early childhood teachers

(1) A person or body must not employ or engage a person as an early childhood teacher in an early childhood service unless the person—

(a) is a registered early childhood teacher; or

(b) holds a temporary approval that permits the person to be engaged or employed in the early childhood service for the purposes of meeting funding requirements in the kindergarten guidelines; or


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(c) is taken to be an early childhood teacher under regulation 242 of the national regulations.

Penalty: 120 penalty units.

(2) A person is not employed or engaged as an early childhood teacher only for the reason that the person is—

(a) taken to be an early childhood teacher under regulation 135 of the national regulations; or

(b) taken to be a teaching staff member under regulations made under the Children's Services Act 1996.

2.6.56B Offence to employ unregistered person for early childhood teacher requirements

(1) A person or body must not employ or engage a person in an early childhood service for the purpose of meeting requirements under the national regulations for attendance of or access to early childhood teachers unless the person—


(b) is taken to be an early childhood teacher under regulation 242 of the national regulations.


(2) A person or body must not employ or engage a person in an early childhood service for the purpose of meeting requirements under the Children's Services Act 1996 or regulations made under that Act for attendance of or access to teaching staff members unless the person is a registered early childhood teacher.


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(3) A person or body must not employ or engage a person in an early childhood service for the purpose of meeting requirements in the kindergarten funding guidelines for attendance of or access to early childhood teachers unless the person—


(b) holds a temporary approval that permits the person to be engaged or employed in the early childhood service for the purposes of meeting those requirements; or

(c) is taken to be an early childhood teacher under regulation 242 of the national regulations.


(4) A person is not employed or engaged for the purpose of meeting requirements for attendance of an early childhood teacher or teaching staff member only for the reason that the person is—

(a) taken to be an early childhood teacher under regulation 135 of the national regulations; or

(b) taken to be a teaching staff member under regulations made under the Children's Services Act 1996.".

79 False representation

For section 2.6.58(1) of the Principal Act substitute—

"(1) A person who is not registered as a teacher under Division 3 must not claim to be or to


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have been, or hold himself or herself out as being or having been, registered as a teacher under Division 3.


(1A) A person who has not been granted permission to teach must not claim to be or to have been, or hold himself or herself out as being or having been, granted permission to teach.


(1B) A person who is not registered as an early childhood teacher under Division 3A must not claim to be or to have been, or hold himself or herself out as being or having been, registered as an early childhood teacher under Division 3A.


(1C) A person or body must not represent a person to be a registered early childhood teacher if the person knows or ought reasonably to know that the person is not registered as an early childhood teacher under Division 3A.

Penalty: 10 penalty units.".

80 Return of document

In section 2.6.59(1) of the Principal Act, before "teacher's" insert "registered".

81 New Division 15A inserted

After Division 15 of Part 2.6 of the Principal Act insert—


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"Division 15A—Early childhood service exemptions and temporary approvals

2.6.60A Secretary may exempt early childhood service from funding requirements for registered early childhood teacher

(1) The Secretary may grant an exemption to an early childhood service if—

(a) the early childhood service is required to employ or engage a registered early childhood teacher for the purposes of meeting funding requirements in the kindergarten funding guidelines; and

(b) either—

(i) the early childhood service holds a waiver or a children's services exemption; or

(ii) the Secretary is satisfied that the early childhood service has made reasonable attempts to employ or engage a registered early childhood teacher to fulfil the requirements of paragraph (a).

(2) If an exemption is granted under subsection (1), the early childhood service may employ or engage a person holding a temporary approval in place of a registered early childhood teacher for the purpose of meeting funding requirements in the kindergarten funding guidelines.

(3) An exemption granted under subsection (1) is valid for the period (not exceeding 12 months) specified in it.

(4) The Secretary may impose any condition on an exemption granted under subsection (1) that the Secretary thinks fit.


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(5) The Secretary may by notice issued to the early childhood service vary or revoke any condition imposed under subsection (4).

(6) In this section—

children's services exemption means an exemption under regulations made under the Children's Services Act 1996 that exempts a children's service from requirements under those regulations for attendance of teaching staff members;

waiver means a service waiver or temporary waiver under the Education and Care Services National Law (Victoria) that exempts an education and care service from requirements under that Law for attendance of early childhood teachers.

2.6.60B Application for a temporary approval to be employed or engaged as an early childhood teacher

(1) A natural person who does not hold an approved early childhood teaching qualification may make an application to the Secretary for a temporary approval.

(2) An application for a temporary approval must be—

(a) in the form approved by the Secretary; and

(b) accompanied by—

(i) a copy of the applicant's current assessment notice under the Working with Children Act


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2005 or evidence that the applicant has applied for an assessment notice under that Act; and

(ii) the application fee fixed by the Minister.

(3) The application must—

(a) specify the early childhood service at which the applicant is proposed to be employed or engaged; and

(b) be accompanied by information about the exemption granted to the early childhood service under section 2.6.60A, or the application made by the service for an exemption.

(4) The Secretary may require an applicant for a temporary approval to provide information about any of the following—

(a) the applicant's qualifications or education currently being undertaken by the applicant;

(b) the applicant's relevant employment experience.

2.6.60C Grant of temporary approval

(1) The Secretary may grant an applicant a temporary approval if the Secretary is satisfied that the applicant is suitable to be employed or engaged in an early childhood service in place of a registered early childhood teacher for the purpose of meeting funding requirements in the kindergarten funding guidelines.


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(2) The Secretary must not grant a temporary approval to an applicant who does not hold a current assessment notice under the Working with Children Act 2005.

(3) The Secretary must not grant a temporary approval to a person who has, at any time, in Victoria or elsewhere, been convicted or found guilty of a sexual offence.

(4) The Secretary may publish criteria on the Department's website for assessing the suitability of an applicant for grant of a temporary approval.

2.6.60D Duration and conditions of temporary approvals

(1) A temporary approval is valid for the period (not exceeding 12 months) specified in it.

(2) A temporary approval permits the person to be employed or engaged at the early childhood service specified in the approval in place of a registered early childhood teacher for the purpose of meeting funding requirements in the kindergarten funding guidelines.

(3) The Secretary may impose any condition on a temporary approval that the Secretary thinks fit, including conditions about professional development or progress towards obtaining qualifications.

(4) The Secretary may by notice issued to the person vary or revoke any condition imposed under subsection (3).

2.6.60E Revocation of exemptions and temporary approvals

(1) The Secretary must revoke an exemption granted under section 2.6.60A if the


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Secretary is satisfied that the early childhood service—

(a) no longer requires the exemption under section 2.6.60A(1); or

(b) has not complied with any condition attached to the exemption.

(2) The Secretary must revoke a temporary approval if the holder has, at any time, in Victoria or elsewhere, been convicted or found guilty of a sexual offence.

(3) The Secretary may by notice issued to the person revoke a temporary approval if—

(a) the person has not complied with any condition imposed on the temporary approval; or

(b) the Secretary forms the belief that the person is no longer suitable to be employed or engaged in place of a registered early childhood teacher for the purpose of meeting funding requirements in the kindergarten funding guidelines.

(4) If, under this section, the Secretary revokes an exemption under section 2.6.60A or a temporary approval, as soon as reasonably practicable, the Secretary must notify any early childhood service that employs or engages a person holding that temporary approval under section 2.6.60A(2).

2.6.60F Provision of information to the Secretary

If a person who holds a temporary approval ceases to be employed or engaged under section 2.6.60A(2) at an early childhood service specified in the approval, as soon as reasonably practicable—



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(a) the person must notify the Secretary that the employment or engagement has ceased; and

(b) the early childhood service must notify the Secretary that the employment or engagement has ceased.".

82 Accreditation Committee

In section 2.6.68(2)(a) of the Principal Act, for "this Act" substitute "Division 3 of this Part".



"2.6.77A Fixing of fees for second registrations

(1) A fee fixed in respect of an application for a second registration must be fixed at no more than 25% of the application fee fixed under section 2.6.7(2)(b)(iii) or 2.6.12A(2)(b)(iii), as the case requires.

(2) A fee fixed in respect of an application for renewal of a second registration must be fixed at no more than 25% of the renewal fee fixed under section 2.6.18(1)(b)(iii).

(3) An annual registration fee fixed in respect of a second registration must be no more than 25% of the annual fee fixed under section 2.6.21(1).


application for a second registration means—

(a) an application under section 2.6.12A made by a teacher registered under Division 3; or

(b) an application under section 2.6.7 made by a registered early


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childhood teacher; or

(c) an application under section 2.6.12A made at the same time as an application under section 2.6.7;

second registration means—

(a) registration under Division 3 or 3A, whichever was granted later; or

(b) if the person is registered under Division 3A and has been granted permission to teach, the permission to teach.".

84 Scope of regulations

For section 5.10.2(4)(a)(ii) of the Principal Act substitute—

"(ii) to all schools or early childhood services or to a specified school or early childhood service or a specified class of school or early childhood service;".

85 Ministerial orders—general provisions

In section 5.10.4(6)(a)(ii) of the Principal Act—

(a) for "schools," (where twice occurring) substitute "schools, early childhood services,";

(b) for "school," substitute "school, early childhood service,".

86 Schedule 5—Regulations

(1) For the heading to clause 5 of Schedule 5 to the Principal Act substitute—

"Registration of teachers and early childhood teachers".


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(2) In clause 5 of Schedule 5 to the Principal Act, after "teachers" (wherever occurring) insert "and early childhood teachers".

(3) In clause 5 of Schedule 5 to the Principal Act, after "schools" (wherever occurring) insert "and early childhood services".

87 New clause 5A of Schedule 5 inserted

After clause 5 of Schedule 5 to the Principal Act insert—

"5A Temporary approvals

Generally any matter in connection with applications for, and the granting of, exemptions under Division 15A of Part 2.6 and temporary approvals.".

88 New sections 6.1.37 and 6.1.38 inserted


"6.1.37 Transitional and savings provision—Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014—registration of early childhood teachers


current early childhood teacher means a person who was employed or engaged as an early childhood teacher on or before the commencement of section 47 of the Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014;

relevant day means the day that is 6 months after the day on which section 47 of the



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Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014 commences.

(2) A person or body does not commit an offence under section 2.6.56A or 2.6.56B before the relevant day for employment or engagement of a current early childhood teacher who is not registered.

(3) On and after the relevant day, a person or body does not commit an offence under section 2.6.56A or 2.6.56B for employment or engagement of a current early childhood teacher who is not registered if—

(a) the current early childhood teacher applied for registration under Division 3A of Part 2.6 on or before the relevant day; and

(b) the application has not been determined.

(4) Despite the commencement of section 2.3.9(3)(a), a current early childhood teacher who is not registered may be employed by a school council—

(a) before the relevant day; and

(b) on and after the relevant day if—

(i) the current early childhood teacher applied for registration under Division 3A of Part 2.6 on or before the relevant day; and

(ii) the application has not been determined.


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(5) A registered teacher or a current early childhood teacher who applies for registration under Division 3A of Part 2.6 on or before the relevant day is taken to meet the requirements for professional practice under section 2.6.12A.

6.1.38 Transitional and savings provision—Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014—VIT Council

The Council of the Victorian Institute of Teaching is taken to be the same body on and after the commencement of section 44 of the Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014 as it was before the changes made to its constitution effected by section 44 of that Act.".

_______________


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PART 6—CONSEQUENTIAL AMENDMENTS TO OTHER ACTS

89 Amendments to Children, Youth and Families Act 2005

(1) In section 3(1) of the Children, Youth and Families Act 2005, in paragraph (d) of the definition of information holder, after "teacher" insert "or an early childhood teacher".

(2) In section 182(1)(c) of the Children, Youth and Families Act 2005, after "teacher" insert "or an early childhood teacher".

(3) In section 182(2) of the Children, Youth and Families Act 2005, after "(f)," insert "(fa),".

90 Amendments to Child Employment Act 2003

(1) In section 19B(1)(b) of the Child Employment Act 2003, after "registered teacher" insert "or registered early childhood teacher".

(2) In section 19B(3) of the Child Employment Act 2003, after "registration" insert "as a teacher or an early childhood teacher".

See:Act No.96/2005.Reprint No. 4as at27 March 2013and amendingAct Nos 96/2005,51/2006, 9/2013, 30/2013, 52/2013, 62/2013, 63/2013, 67/2013 and 74/2013.LawToday:www.legislation.vic.gov.au

s. 89

See:Act No.81/2003.Reprint No. 1as at26 September 2007and amendingAct Nos58/2007, 13/2010, 26/2010, 51/2010, 72/2010, 43/2012 and 70/2013.LawToday:www.legislation.vic.gov.au



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91 Amendments to Fundraising Act 1998

For section 16(ba) of the Fundraising Act 1998 substitute—

"(ba) an early childhood service within the meaning of the Education and Training Reform Act 2006 that, to provide a preschool program, employs or engages—

(i) a registered early childhood teacher; or

(ii) a person holding a temporary approval within the meaning of the Education and Training Reform Act 2006; or

(iii) a person who is taken to be an early childhood teacher under regulation 242 of the regulations made under the Education and Care Services National Law (Victoria);".

92 Amendments to Working with Children Act 2005

(1) In section 30(1) of the Working with Children Act 2005, after "registered teacher" insert "or registered early childhood teacher".

(2) In section 30(2) of the Working with Children Act 2005—

(a) for "(other than teaching in a school)" (where twice occurring) substitute "(other than teaching in a school or an early childhood service)";

(b) after "registration" insert "as a teacher or an early childhood teacher".

See:Act No.78/1998.Reprint No. 3as at17 March 2011and amendingAct Nos21/2012 and 43/2012.LawToday:www.legislation.vic.gov.au

s. 91

See:Act No.57/2005.Reprint No. 3as at1 August 2011and amendingAct Nos51/2010, 34/2011, 65/2011, 80/2011, 27/2012, 61/2012 and 70/2013.LawToday:www.legislation.vic.gov.au



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(3) After the notes at the foot of section 30(2) of the Working with Children Act 2005 insert—

"(3) In this section, early childhood service has the meaning given in section 1.1.3 of the Education and Training Reform Act 2006.".

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PART 7—REPEAL OF AMENDING ACT

93 Repeal of amending Act

This Act is repealed on 31 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


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† Minister's second reading speech—

Legislative Assembly: 6 February 2014

Legislative Council: 13 March 2014

The long title for the Bill for this Act was "A Bill for an Act to amend the Education and Training Reform Act 2006, the Children, Youth and Families Act 2005, the Child Employment Act 2003, the Fundraising Act 1998 and the Working with Children Act 2005 and for other purposes."

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