Transitional and savings provisions—the Education and Training Reform Amendment (Dual Sector Universities) Act 2013
6.1.34 Transitional and savings provisions—the Education and Training Reform Amendment (Dual Sector Universities) Act 2013
S. 6.1.34 inserted by No. 76/2013 s. 15.
Despite the amendments made to section 5.2.9A by section 11 of the amending Act, a delegation made under section 5.2.9A(1) to the members of the council of a university or a delegation made under section 5.2.9A(2) to a person employed on the staff of a university before the commencement of section 11 of the amending Act—
continues to have the same force and effect; and
is taken to have been made under section 5.2.9A as amended by section 11 of the amending Act.
Section 3.1.25(3) continues to apply to an employee referred to in that section as if sections 1.1.3(1) and 3.1.25 had not been amended by the amending Act.
Note
An employee referred to in section 3.1.25(3) has continuing employment entitlements under the Vocational Education and Training (College Employment) Act 1993.
The amendments made to sections 1.1.3(1) and 3.1.25 and clause 1 of Schedule 3 by sections 3, 6 and 16 of the amending Act do not affect any entitlement of a person that existed under section 3.1.25 and clause 1 of Schedule 3 immediately before the commencement of sections 3, 6 and 16 of the amending Act.
A person—
who immediately before the commencement of section 16(4) of the amending Act was employed in a university with a TAFE division, including as an executive officer, by the council of that university; and
Note
Before the commencement of section 16(4) of the amending Act the term university with a TAFE division meant the University of Ballarat, Royal Melbourne Institute of Technology, Swinburne University of Technology or Victoria University.
to whom the terms and conditions of a superannuation fund or arrangement established by the State Superannuation Act 1988 continue to apply under section 21 of the Vocational Education and Training (College Employment) Act 1993 or clause 1 of Schedule 3—
is taken to be a contract officer as defined in section 3(1) of the Superannuation (Public Sector) Act 1992 for the purposes of section 12 of that Act—
if the person was employed as an executive officer, while the person continues to be employed as an executive officer by the council of a dual sector university;
if the person was not employed as an executive officer but after the commencement of section 16(4) of the amending Act the person is subsequently employed as an executive officer by the council of a dual sector university, while the person is so employed.
For the purposes of subsections (2) and (4), the Vocational Education and Training (College Employment) Act 1993 is to be read as if a reference in section 20 or 21 of that 1993 Act to the Technical and Further Education Division of Royal Melbourne Institute of Technology, of Swinburne University of Technology or of Victoria University of Technology were a reference to a dual sector university.
In this section, amending Act means the Education and Training Reform Amendment (Dual Sector Universities) Act 2013.
S. 6.1.35 inserted by No. 19/2014 s. 14.
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.
S. 6.1.36 inserted by No. 19/2014 s. 32.
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.
S. 6.1.37 inserted by No. 19/2014 s. 88.
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
In this section—
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 Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014 commences.
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.
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—
the current early childhood teacher applied for registration under Division 3A of Part 2.6 on or before the relevant day; and
the application has not been determined.
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—
before the relevant day; and
on and after the relevant day if—
the current early childhood teacher applied for registration under Division 3A of Part 2.6 on or before the relevant day; and
the application has not been determined.
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.
S. 6.1.38 inserted by No. 19/2014 s. 88.
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.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.