Transitional and savings provision—Education and Training Reform Amendment (Miscellaneous) Act 2021—delegations
6.1.51 Transitional and savings provision—Education and Training Reform Amendment (Miscellaneous) Act 2021—delegations
S. 6.1.51 inserted by No. 10/2021 s. 37.
A delegation made under section 2.6.67 as in force immediately before the commencement of section 34 of the amending Act—
continues to have the same force and effect on and from the commencement of section 34 of the amending Act; and
is taken, on and from the commencement of section 34 of the amending Act, to be a delegation made under section 2.6.67 as substituted by section 34 of the amending Act.
A delegation made under section 2.6.33(3) as in force immediately before the commencement of section 26 of the amending Act—
continues to have the same force and effect on and from the commencement of section 26 of the amending Act; and
is taken, on and from the commencement of section 26 of the amending Act, to be a delegation made under section 2.6.67.
In this section—
amending Act means the Education and Training Reform Amendment (Miscellaneous) Act 2021.
S. 6.1.52 inserted by No. 45/2021 s. 11.
6.1.52 Transitional and savings provision—Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Act 2021—accreditation and registration of a course or part of a course
Despite section 4.4.2(6), if, immediately before the commencement day, the Victorian Registration and Qualifications Authority decided to grant an application to accredit a course or part of a course under section 4.4.2, the Authority may, on and after the commencement day and before the relevant day, register the course or part of the course on the State Register as soon as practicable.
In this section—
commencement day means the day on which Part 2 of the Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Act 2021 comes into operation;
relevant day means the day on which Part 3 of the Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Act 2021 comes into operation.
S. 6.1.53 inserted by No. 45/2021 s. 18.
6.1.53 Transitional and savings provision—Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Act 2021—registered school or other body licensed or permitted to provide VCAL
If, immediately before the commencement day, the Victorian Curriculum and Assessment Authority licensed or permitted a registered school or other body to provide Foundation VCAL as an accredited senior secondary course under section 2.5.5(3), the registered school or other body is, on and after the commencement day, taken to be licensed or permitted by the Victorian Curriculum and Assessment Authority to provide—
the VPC; and
Foundation VCAL.
If, immediately before the commencement day, the Victorian Curriculum and Assessment Authority licensed or permitted a registered school or other body to provide Intermediate or Senior VCAL as an accredited senior secondary course under section 2.5.5(3), the registered school or other body is, on and after the commencement day, taken to be licensed or permitted by the Victorian Curriculum and Assessment Authority to provide—
the vocational major within the VCE; and
Intermediate or Senior VCAL (as the case requires).
In this section—
commencement day means the day on which Part 3 of the Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Act 2021 comes into operation;
vocational major within the VCE means a program of study within the VCE specified on the certificate issued to recognise the completion of the VCE.
S. 6.1.54 inserted by No. 45/2021 s. 18.
6.1.54 Transitional and savings provision—Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Act 2021—person, body or school registered with respect to VCAL
If, immediately before the commencement day, the Victorian Registration and Qualifications Authority registered a person, body or school on the State Register with respect to Foundation VCAL as an accredited senior secondary course or a registered senior secondary qualification under section 4.3.10, the person, body or school is, on and after the commencement day, taken to be registered by the Victorian Registration and Qualifications Authority with respect to—
the VPC; and
Foundation VCAL.
If, immediately before the commencement day, the Victorian Registration and Qualifications Authority registered a person, body or school on the State Register with respect to Intermediate or Senior VCAL as an accredited senior secondary course or a registered senior secondary qualification under section 4.3.10, the person, body or school is, on and after the commencement day, taken to be registered by the Victorian Registration and Qualifications Authority with respect to—
the VCE; and
Intermediate or Senior VCAL (as the case requires).
Subject to subsection (4) and for the purposes of subsections (1) and (2), the registration of a person, body or school continues, on and after the commencement day, subject to the terms of registration under section 4.3.12 that applied immediately before the commencement day until the registration is suspended, cancelled or expires (whichever occurs first).
If, on or after the commencement day and before 31 December 2024, the term of registration of a person or body under section 4.3.12(1) is due to expire, the Victorian Registration and Qualifications Authority may, on and after the commencement day, on the written request of the person or body (as the case requires), extend the registration for a period not exceeding 5 years unless sooner suspended or cancelled.
For the purposes of subsection (4), if a person or body makes a written request under subsection (4) on or after the commencement day and before 31 December 2024, the registration of the person or body (as the case requires) remains in force pending a decision by the Victorian Registration and Qualifications Authority to extend the registration.
Despite section 4.3.12(5)(a), if—
immediately before the commencement day, a school referred to under subsection (1) or (2) was registered under section 4.3.10 with respect to an accredited senior secondary course; and
on or after the commencement day, the Victorian Curriculum and Assessment Authority withdraws its acceptance under section 4.3.12(5)(a) with respect to one of the accredited senior secondary courses or accredited foundation secondary courses for which the school is taken to be registered—
the school's registration with respect to an accredited senior secondary course or an accredited foundation secondary course (as the case requires) that is not the subject of Victorian Curriculum and Assessment Authority's withdrawal of acceptance is, on and after the commencement day, taken not to be cancelled and remains in force until the registration is suspended or expires (whichever occurs first).
In this section—
commencement day means the day on which Part 3 of the Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Act 2021 comes into operation.
S. 6.1.55 inserted by No. 32/2022 s. 54.
6.1.55 Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—membership of Adult, Community and Further Education Board
Despite the amendments made to section 3.3.10 by section 15 of the amending Act, if immediately before the commencement day, a person was appointed as a member of the Adult, Community and Further Education Board under section 3.3.10, the person's appointment as a member continues, on and after the commencement day, subject to the terms and conditions specified in the person's instrument of appointment, until their term of office expires or their office becomes vacant (whichever occurs first).
Despite the amendments made to section 3.3.10 by section 15 of the amending Act, if immediately before the commencement day, a member of the Adult, Community and Further Education Board was eligible for re‑appointment and the re‑appointment had not been confirmed, the person may be re‑appointed as a member, on and after the commencement day, in accordance with section 3.3.10 as in force immediately before the commencement day.
In this section—
amending Act means the Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022;
commencement day means the day on which section 15 of the amending Act comes into operation.
S. 6.1.56 inserted by No. 32/2022 s. 54.
6.1.56 Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—membership of Regional Councils
Despite the amendments made to section 3.3.21 by section 21 of the amending Act, if immediately before the commencement day, a person was appointed as a member of a Regional Council under section 3.3.21, the person's appointment as a member continues, on and after the commencement day, subject to the terms and conditions specified in the person's instrument of appointment until the earlier of the following occurs—
the member's term of office expires;
the member's office becomes vacant;
the member resigns;
the member is removed or suspended.
Despite the amendments made to section 3.3.21 by section 21 of the amending Act, if immediately before the commencement day, a person was eligible for re-appointment as a member of a Regional Council under section 3.3.22(1) and the re-appointment had not been confirmed, the person may be re-appointed as a member, on and after the commencement day, in accordance with section 3.3.21 as in force immediately before the commencement day.
In this section—
amending Act means the Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022;
commencement day means the day on which section 21 of the amending Act comes into operation.
S. 6.1.57 inserted by No. 32/2022 s. 54.
6.1.57 Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—Adult Multicultural Education Services
Despite the amendments made to section 3.3.26 by section 23 of the amending Act, Adult Multicultural Education Services as established and in existence under that section as in force immediately before its amendment continues on and from the commencement day as AMES Australia under section 3.3.26 as if it had been established under that section.
In this section—
amending Act means the Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022;
commencement day means the day on which section 23 of the amending Act comes into operation.
S. 6.1.58 inserted by No. 32/2022 s. 54.
6.1.58 Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—membership of governing board of AMES
Despite the amendments made to section 3.3.33 by section 33 of the amending Act, if immediately before the commencement day, a person was appointed as a member of the governing board of AMES under section 3.3.33, the person's appointment continues, on and after the commencement day, as a member of the Board of AMES Australia subject to the terms and conditions specified in the person's instrument of appointment until the earlier of the following occurs—
the member's term of office expires;
the member's office becomes vacant;
the member resigns;
the member is removed or suspended.
Despite the amendments made to section 3.3.33 by section 33 of the amending Act, if immediately before the commencement day, a member of the governing board of AMES was eligible for re‑appointment and the re‑appointment had not been confirmed, the person may be re-appointed, on and after the commencement day, as a member of the Board of AMES Australia in accordance with section 3.3.33 as in force immediately before the commencement day.
In this section—
amending Act means the Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022;
commencement day means the day on which section 33 of the amending Act comes into operation.
S. 6.1.59 inserted by No. 32/2022 s. 54.
6.1.59 Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—application for registration as a training organisation
If, immediately before the commencement day, an application made under section 4.3.16 was on foot and had not been granted, section 4.3.16 as amended by section 57 of the amending Act applies, on and after the commencement day, to the application.
In this section—
amending Act means the Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022;
commencement day means the day on which section 57 of the amending Act comes into operation.
S. 6.1.60 inserted by No. 32/2022 s. 54.
6.1.60 Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—authorisations for access, use or disclosure of Victorian student number or related information
Despite the amendments made to section 5.3A.9 by section 49 of the amending Act, an authorisation given by the Secretary under section 5.3A.9(1) as in force immediately before the commencement day, continues to apply, on and after the commencement day, until it is revoked.
In this section—
amending Act means the Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022;
commencement day means the day on which section 49 of the amending Act comes into operation.
S. 6.1.61 inserted by No. 32/2022 s. 54.
6.1.61 Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—application of guidelines issued by Secretary on authorisations for access, use or disclosure of Victorian student number or related information
If, immediately before the commencement day, an authorisation given by the Secretary under section 5.3A.9(1) was in force, any guidelines issued by the Secretary under section 5.3A.10A as inserted by section 52 of the amending Act apply to that authorisation, on and after the date on which the guidelines take effect.
In this section—
amending Act means the Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022;
commencement day means the day on which section 52 of the amending Act comes into operation.
This Act’s bill:Explanatory memorandumSecond reading speech
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