Education and Training Reform Act 2006

The main purpose of this Act is to reform the law relating to education and training in Victoria by providing for a high standard of education and training for all Victorians.

In particular this Act makes provision for or with respect to—

the years of compulsory schooling and the options available;

vocational education and training, technical and further education, adult community and further education, and other post-compulsory education and training;

the establishment and regulation of Government schools and the regulation of non-Government schools, school boarding premises and home schooling;

the protection of members of school communities from harmful, threatening or abusive behaviour;

the establishment and regulation of post‑compulsory education institutions and providers;

the development and accreditation of courses and the issuing of qualifications;

the recognition and regulation of the teaching profession and the maintenance of standards of professional practice for that profession;

the employment in the teaching service of Government school teachers and other persons;

the monitoring, planning and development of the provision of education and training;

the acquisition, use and development of land required for the purposes of this Act;

the repeal and re-enactment of various Acts relating to education and training.

In further particular, this Act makes provision for or with respect to certain aspects of the provision of—

early childhood education and care; and

services associated with early childhood education and care; and

the employment of persons at, or for the purposes of operating, government early learning centres.

This section and sections 1.1.1 and 6.1.3(2) and (3) come into operation on the day on which this Act receives the Royal Assent.

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

If a provision referred to in subsection (2) does not come into operation before 31 December 2007, it comes into operation on that day.

A category A offence means any of the following offences—

an offence specified in clauses 1 and 2 of Schedule 2 to the Worker Screening Act 2020 if the conduct constituting or alleged to constitute that offence occurred when the person was an adult;

an offence specified in clauses 3 to 10 of Schedule 2 to the Worker Screening Act 2020;

an offence against any of the following sections of the Criminal Code of the Commonwealth—

section 270.7B (forced marriage), involving a person under 18 years of age;

section 474.25A (using a carriage service for sexual activity with person under 16 years of age);

section 474.27A (using a carriage service to transmit indecent communication to person under 16 years of age);

any other offence, whether committed in Victoria or elsewhere, the necessary elements of which consist of or include elements which constitute an offence referred to in paragraph (c).

For the purposes of subsection (1)(a), if the conduct constituting or alleged to constitute an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult.

A category B offence means any of the following offences—

an offence specified in clause 2, 8, 9 or 15 of Schedule 4 to the Worker Screening Act 2020, if the conduct constituting or alleged to constitute that offence occurred when the person was an adult;

an offence specified in clauses 1, 3 to 7, 10 to 14 or 16 to 20 of Schedule 4 to the Worker Screening Act 2020;

an offence specified in clauses 1 and 2 of Schedule 2 to the Worker Screening Act 2020, if the conduct constituting or alleged to constitute that offence occurred when the person was a child.

For the purposes of this section, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult.

Category C conduct means any of the following—

a conviction or finding of guilt of an indictable offence, whether committed in Victoria or elsewhere (other than a category A offence or a category B offence), the necessary elements of which consist of elements that constitute the indictable offence;

a conviction or finding of guilt of an offence specified in clause 2, 8, 9 or 15 of Schedule 4 to the Worker Screening Act 2020 if the conduct constituting that offence occurred when the person was a child;

a conviction or finding of guilt of an offence against section 23 or 24 of the Summary Offences Act 1966 or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against section 23 or 24 of the Summary Offences Act 1966;

conduct that forms the basis of a non‑conviction charge;

conduct that forms the basis of any disciplinary action taken against a registered teacher by an employer that is notified by the employer to the Institute under section 2.6.31;

conduct that forms the basis of any disciplinary action that has been taken against a person by an entity for which the person works (including as a volunteer), of which the Institute becomes aware under the reportable conduct scheme in Part 5A of the Child Wellbeing and Safety Act 2005;

conduct that forms the basis of a finding by a Suitability Panel under Division 5 of Part 3.4 of the Children, Youth and Families Act 2005 that a person should be disqualified from registration under Part 3.4 of that Act;

a determination under section 79(1)(a) of the Social Services Regulation Act 2021 to exclude a person from providing a WCES service or class of WCES services within the meaning of that Act;

the issue of an interim exclusion under section 70 of the Social Services Regulation Act 2021;

conduct that forms the basis of a prescribed kind of disciplinary action taken against a person.

For the purposes of this section, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult.

This Act operates both within and outside Victoria.

This Act operates outside Victoria to the extent that the legislative power of the Parliament permits.

The Parliament recognises that Aboriginal people are the First Nations people of Australia and acknowledges their enduring connection to Country, kin, land and culture.

The Parliament acknowledges that—

Aboriginal people are a distinct and diverse demographic group within the early childhood education, school education, vocational education and training and adult, community and further education system who have—

rich and varied histories, cultures, identities and perspectives; and

a unique status and unique rights and experiences; and

Aboriginal people have a history of practising education on the land now known as Victoria for more than 60 000 years; and

Aboriginal communities regard education to be of the highest priority to improve life outcomes for Aboriginal people; and

since colonisation, generations of Aboriginal leaders have advocated for better education opportunities for their children and young people; and

wrongs perpetrated through the early childhood education, school education, vocational education and training and adult, community and further education system including cultural dislocation, oppression, intergenerational trauma, lack of healing, systemic racism, institutional inequality and the loss of land, Lore and language continue to harm Aboriginal people in Victoria today; and

the lack of access to culturally safe and inclusive learning environments continues to impact the education and life outcomes of Aboriginal people.

The Parliament further recognises the strength of Aboriginal people, cultures, kinship and communities in the face of historical and ongoing injustices.

The Parliament further recognises the essential role of Aboriginal community controlled organisations in supporting the learning and wellbeing needs of Aboriginal people in the early childhood education, school education, vocational education and training and adult, community and further education system.

It is the intention of the Parliament that the early childhood education, school education, vocational education and training and adult, community and further education system must recognise, value, respect and support the distinct cultural rights of Aboriginal people and their right to receive culturally safe education throughout Victoria.

to affect in any way the interpretation of this Act or of any other law in force in Victoria; and

to create an entitlement to compensation arising from any matter referred to in this Part; and

to create in any person any legal right or give rise to any civil cause of action.

Any person or body involved in the early childhood education, school education, vocational education and training and adult, community and further education system must have regard to and apply the principles set out in subsections (2) to (7) when making any decision or taking any other action in relation to the provision or administration of an early childhood service, school education, vocational education and training or adult, community and further education.

Aboriginal self-determination is central to improving learning and wellbeing outcomes for Aboriginal people in the early childhood education, school education, vocational education and training and adult, community and further education system.

The early childhood education, school education, vocational education and training and adult, community and further education system must recognise, respect and support the distinct cultural rights, and the right to cultural safety, of Aboriginal people in education throughout Victoria.

Aboriginal histories, cultures (including languages) and perspectives are an important and core part of learning in the early childhood education, school education, vocational education and training and adult, community and further education system.

Preventing, identifying and responding to racism experienced by Aboriginal people is a priority across the early childhood education, school education, vocational education and training and adult, community and further education system.

Historic and ongoing structural, systemic and interpersonal biases and educational inequities experienced by Aboriginal people in education in Victoria must be addressed by the early childhood education, school education, vocational education and training and adult, community and further education system.

The early childhood education, school education, vocational education and training and adult, community and further education system plays an important role in supporting Aboriginal language reclamation and revitalisation as led by the Aboriginal community.

The principles set out in subsections (2) to (7)—

apply in addition to the principles set out in Part 1.2; and

do not limit the principles set out in Part 1.2.

The Parliament does not intend by this section—

to create an entitlement to compensation arising from any matter referred to in this Part; and

to create in any person any legal right or give rise to any civil cause of action.

Aboriginal and Torres Strait Islander histories, cultures (including languages) and perspectives form part of the learning areas specified in Schedule 1 as a whole.

To avoid doubt, nothing in subsection (1)—

establishes Aboriginal and Torres Strait Islander histories, cultures (including languages) and perspectives as a new learning area subject to free instruction; or

requires Aboriginal and Torres Strait Islander histories, cultures (including languages) and perspectives to be taught in each learning area specified in Schedule 1.

all providers of education and training, both Government and non-Government, must ensure that their programs and teaching are delivered in a manner that supports and promotes the principles and practice of Australian democracy, including a commitment to—

elected Government;

the rule of law;

equal rights for all before the law;

freedom of religion;

freedom of speech and association;

the values of openness and tolerance;

all Victorians, irrespective of the education and training institution they attend, where they live or their social or economic status, should have access to a high quality education that—

realises their learning potential and maximises their education and training achievement;

promotes enthusiasm for lifelong learning;

allows parents to take an active part in their child's education and training;

access to education during early childhood is important for the wellbeing of children and their families;

all Victorians, irrespective of where they live or their social and economic status, should have access to education during early childhood;

information concerning the performance of education and training providers should be publicly available;

parents have the right to choose an appropriate education for their child;

a school community has a right to information concerning the performance of its school;

a parent of a student and the student has a right to access information about the student's achievement;

all schools should be safe and respectful places of learning and work.