1Objectives

The objectives of these Regulations are—

(a)

to regulate the conduct of school education, including prescribing the minimum standards for the registration of a Government or non‑Government school; and

Reg. 1(ab) inserted by S.R. No. 25/2021 reg. 5(1).

(ab)

to regulate the operation of school boarding premises, including prescribing the minimum standards for the registration of a Government or non-government school boarding premises; and

(b)

to prescribe the procedures and requirements for school registration; and

Reg. 1(ba) inserted by S.R. No. 25/2021 reg. 5(2).

(ba)

to prescribe procedures and requirements for the registration of school boarding premises; and

(c)

to provide for admission and attendance and policies for student engagement at Government schools; and

Reg. 1(ca) inserted by S.R. No. 25/2021 reg. 5(3).

(ca)

to provide for a student engagement policy at each Government school boarding premises; and

(d)

to provide for the age requirements for enrolment and attendance at Government schools and participation in programs and courses of study at Government schools; and

(e)

to provide for the conduct of school councils in Government schools; and

(f)

to provide for parents' clubs and fundraising in Government schools; and

(g)

to prescribe procedures for and requirements of registration of students for home schooling; and

Reg. 1(h) substituted by S.R. No. 6/2022 reg. 5.

(h)

to prescribe minimum standards and procedures for registration of a person, body or school—

(i)

to provide an accredited senior secondary course or an accredited foundation secondary course; or

(ii)

to award, confer or issue a registered senior secondary qualification or a registered foundation secondary qualification; and

(i)

to provide for matters relating to dispute resolution and student welfare schemes; and

(j)

to set out the role of the Victorian Registration and Qualifications Authority in investigating certain complaints; and

(k)

to provide for the approval of transport services and the grant of travelling allowances for students; and

(l)

to provide for the grant of scholarships; and

Reg. 1(la) inserted by S.R. No. 43/2022 reg. 4.

(la)

to prescribe information and matters for the purposes of the school community safety order scheme; and

(m)

to provide for other matters necessary to give effect to the Education and Training Reform Act 2006.

2Authorising provisions

These Regulations are made under sections 5.10.1 and 5.10.2 of, and Schedule 5 to, the Education and Training Reform Act 2006.

3Commencement

These Regulations come into operation on 25 June 2017.

4Revocations

The Regulations listed in Schedule 1 are revoked.

5Definitions

In these Regulations—

Reg. 5 def. of accredited foundation secondary course inserted by S.R. No. 6/2022 reg. 6(1).

accredited foundation secondary course means a course pertaining to year 11 or 12 (other than a senior secondary course) leading to a foundation secondary qualification that is accredited by the Authority under Chapter 4 of the Act;

Reg. 5 def. of accredited senior secondary course amended by S.R. No. 6/2022 reg. 6(2)(a).

accredited senior secondary course means a course leading to a senior secondary qualification and any other accredited course pertaining to year 11 or 12 (other than a foundation secondary course) that is accredited by the Authority under Chapter 4 of the Act;

accredited vocational education and training course means a course leading to a registered vocational education and training qualification that is accredited under, and registered within the meaning of, Chapter 4 of the Act;

Note

Accredited, in relation to a course, is defined in section 1.1.3(1) of the Act, and registered, in relation to vocational education and training, is defined in section 4.1.1(1) of the Act.

approved transport service means a transport service determined to be an approved transport service by the Minister under regulation 102;

attending the school in clause 12 of Schedule 4, includes the student's attendance at any place used by the school;

awarding body means a person or body that is registered on the State Register to award, confer or issue a registered qualification;

Note

Registered qualification is defined in section 1.1.3(1) of the Act.

bank means ADI;

Note

The Interpretation of Legislation Act 1984 defines ADI as an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth. It includes banks and credit unions.

campus means a location at which part of a school is conducted or proposed to be conducted under the name of the campus as part of a registered school and—

(a)

the campus and the school have a common governing body or the governing body of the campus is responsible to the governing body of the school; and

(b)

in the case of a non-Government school, the campus and the school have the same proprietor;

completing in regulation 17 and in relation to the completion of an accredited senior secondary course, means undertaking a sufficient number of units or courses of study which, if satisfactorily completed, will result in a person completing the course;

conduct of a school in regulation 7, includes—

(a)

fund-raising activities conducted solely for the school; and

(b)

the provision of goods and services and other matters or things to students attending the school; and

(c)

the provision of other educational services that are within the scope of the school's registration;

designated transport area, in relation to a Government specialist school, means the area or distance determined to be a designated transport area by the Minister in relation to that school under regulation 103;

Reg. 5 def. of early learning centre inserted by S.R. No. 134/2019 reg. 4(1).

early learning centre means a premises at which an approved education and care service (within the meaning of the Education and Care Services National Law (Victoria)) provides education and care to children, including in the year that is either 3 years or 2 years before grade 1 of school (within the meaning of the Education and Care Services National Law (Victoria)), and the service is not provided for the purpose of profit or gain;

eligible to enrol in regulation 17, means that a person meets the eligibility requirements for enrolment in a course including any requirements relating to English proficiency, technological access and prerequisite study;

English language Government school or centre means a Government school that offers students a full-time and intensive English language program for a minimum of 6 months and a maximum of 12 months, and includes a part of a Government school that offers such a program;

entity in regulation 7, includes a trust;

externally-administered body corporate has the same meaning as it has in the Corporations Act 2001 of the Commonwealth;

Reg. 5 def. of foundation secondary awarding body inserted by S.R. No. 6/2022 reg. 6(1).

foundation secondary awarding body means a person or body that proposes to award, confer or issue a registered foundation secondary qualification;

Reg. 5 def. of foundation secondary course inserted by S.R. No. 6/2022 reg. 6(1).

foundation secondary course has the same meaning as it has in Chapter 4 of the Act;

Reg. 5 def. of foundation secondary education provider inserted by S.R. No. 6/2022 reg. 6(1).

foundation secondary education provider means a person, body or school providing, or proposing to provide, an accredited foundation secondary course;

Reg. 5 def. of foundation secondary qualifications inserted by S.R. No. 6/2022 reg. 6(1).

foundation secondary qualifications has the same meaning as it has in Chapter 4 of the Act;

Reg. 5 def. of governing body amended by S.R. No. 25/2021 reg. 6(a).

governing body means—

(a)

in relation to a Government school, the school council constituted in relation to that school; or

(b)

in relation to a non-Government school, the person or body responsible for the governance, conduct or management of the school; or

(ba)

in relation to a Government school boarding premises, the school council constituted in relation to the Government school at which the students boarding at the school boarding premises are enrolled or attending; or

(bb)

in relation to a non-government school boarding premises, the person or body responsible for the governance or management of the provider of school boarding services at the premises; or

(c)

in relation to a TAFE institute, the board that oversees and governs the TAFE institute established under section 3.1.11 of the Act; or

(d)

in relation to any other awarding body, the person or body responsible for the conduct or the management of the awarding body;

Reg. 5 def. of government funding inserted by S.R. No. 134/2019 reg. 4(1).

government funding, in relation to a school, means money that is provided for the conduct of the school under an agreement or an arrangement with the State or the Commonwealth;

local laws has the same meaning as it has under Part 5 of the Local Government Act 1989;

Melbourne Statistical Area means the area comprising the Greater Melbourne Statistical Area described in Australian Statistical Geography Standard (ASGS): Volume 1 – Main Structure and Greater Capital City Statistical Areas, July 2016, published by the Australian Bureau of Statistics;

Note

The areas that make up the Greater Melbourne Statistical Area are set out on the Authority's website.

metropolitan area means—

(a)

the metropolitan municipal districts within the meaning of the Public Holidays Act 1993; and

(b)

French Island;

not-for-profit school has the meaning set out in regulation 7;

Reg. 5 def. of notifiable disclosure event amended by S.R. No. 25/2021 reg. 6(b).

notifiable disclosure event means an event that occurs if a responsible person is the subject of—

(a)

an adverse finding or other action by a court, tribunal, professional discipline or regulatory body (in Victoria or elsewhere) where the adverse finding or the action relates to the responsible person's—

(i)

dishonest, misleading or deceptive conduct; or

(ii)

non-compliance with a legal obligation relating to the provision of education; or

(iii)

breach of duty; or

(b)

the commencement of legal or disciplinary proceedings in relation to the conduct of the responsible person that means the responsible person is not a fit and proper person within the meaning of clause 15(5) of Schedule 4 or clause 7(5) of Schedule 4A;

Example

A notifiable disclosure event must be notified to the Authority if a responsible person is—

charged with an indictable offence; or
the subject of bankruptcy proceedings; or
the subject of proceedings to enforce compliance with an applicable professional or registration standard; or
the subject of proceedings for breach of a legal or fiduciary duty that applies to the responsible person.

owner of the course means the person in whom the intellectual property relating to the course is vested;

owner of the qualification means the person in whom the intellectual property relating to the qualification is vested;

Reg. 5 def. of philosophy substituted by S.R. No. 25/2021 reg. 6(c).

philosophy in relation to a school or school boarding premises, includes the vision, mission and objective of the school or school boarding premises;

Reg. 5 def. of prohibited agreement or arrangement amended by S.R. No. 134/2019 reg. 4(2), substituted by S.R. No. 25/2021 reg. 6(d).

prohibited agreement or arrangement has the meaning given by regulation 7A;

proprietor in relation to a school, means—

(a)

a person, body, or institution who owns or controls one or more registered schools; or

(b)

any person or body that is specified in the registration of the school as the proprietor of the school;

Reg. 5 def. of registered foundation secondary qualification inserted by S.R. No. 6/2022 reg. 6(1).

registered foundation secondary qualification means a foundation secondary qualification that is registered by the Authority as a registered qualification;

Note

Registered qualification is defined in section 1.1.3(1) of the Act.

Reg. 5 def. of registered provider amended by S.R. No. 6/2022 reg. 6(2)(b).

registered provider in relation to an accredited senior secondary course or an accredited foundation secondary course means a person, body or school registered by the Authority under Division 3 of Part 4.3 of the Act to provide the course;

registered senior secondary qualification means a senior secondary qualification that is registered by the Authority as a registered qualification;

Note

Registered qualification is defined in section 1.1.3(1) of the Act.

registered vocational education and training qualification means a registered qualification that is also registered within the meaning of section 4.1.1(1) of the Act;

Note

Registered qualification is defined in section 1.1.3(1) of the Act, and registered, in relation to vocational education and training, is defined in section 4.1.1(1) of the Act.

registration, in clause 4 of Schedule 4, includes provisional registration and interim registration within the meaning of Part 2.6 of the Act but does not include registration as a non-practising teacher or as an early childhood teacher under Part 2.6 of the Act;

represented person has the same meaning as it has in the Guardianship and Administration Act 1986;

Reg. 5 def. of responsible person substituted by S.R. No. 25/2021 reg. 6(e).

responsible person means—

(a)

in relation to a school—

(i)

if the proprietor is an individual, that person; or

(ii)

if the proprietor is a body, that body and any person who is concerned in, or takes part in, the management of the body; or

(iii)

each person with responsibility in the school governance structure for managing the school or its finances, including each member of the governing body of the school; or

(iv)

the principal of the school; or

(v)

any other person who by the person's conduct assumes a position of authority over the governance or management of the school;

(b)

in relation to a school boarding premises—

(i)

if the provider of school boarding services at the premises is an individual, that person; or

(ii)

if the provider of school boarding services at the premises is a body corporate, that body corporate and any person who is concerned in, or takes part in, the management of the body corporate; or

(iii)

each person with responsibility in the governance structure of the provider of school boarding services at the premises for managing the provider or its finances, including each member of the governing body of the provider; or

(iv)

any other person who by the person's conduct assumes a position of authority over the governance or management of the provider of school boarding services at the premises;

senior secondary awarding body means a person or body that proposes to award, confer or issue a registered senior secondary qualification;

senior secondary course has the same meaning as it has in Chapter 4 of the Act;

senior secondary education provider means a person, body or school providing, or proposing to provide, an accredited senior secondary course;

senior secondary qualifications has the same meaning as it has in Chapter 4 of the Act;

specialist school means a school—

(a)

established for the main purpose of providing instruction for students with disabilities; or

(b)

established for the main purpose of providing instruction for students with social, emotional or behavioural difficulties;

specified information includes information about, or evidence of, the education program, learning plan or materials, or other records used for or in relation to the requirements of the registration for home schooling or any regulations relating to home schooling;

Reg. 5 def. of staff substituted by S.R. No. 25/2021 reg. 6(f).

staff means—

(a)

in relation to a Government school, the principal, teachers and other staff;

(b)

in relation to a Government school boarding premises, the staff employed by the provider of the school boarding services at the premises and other staff;

student, in Part 8, means a past, current or prospective student;

Reg. 5 def. of student engagement policy inserted by S.R. No. 25/2021 reg. 6(g).

student engagement policy means—

(a)

in relation to a Government school, a policy setting out the expectations and aspirations of the school in relation to student behaviour, including discipline and strategies to address unsatisfactory school attendance and bullying;

(b)

in relation to a Government school boarding premises, a policy setting out the expectations and aspirations of the provider of school boarding services at the premises in relation to student behaviour, including discipline and strategies to address bullying;

teacher has the same meaning as it has in section 2.6.1 of the Act;

the Act means the Education and Training Reform Act 2006;

Urban Centre means an area of Victoria referred to as an Urban Centre in Australian Statistical Geography Standard (ASGS): Volume 4 – Significant Urban Areas, Urban Centres and Localities, Section of State, July 2011, published by the Australian Bureau of Statistics;

Note

The areas that make up the relevant Urban Centres are set out on the Authority's website.

VET provider means a person, body or school in respect of which an application has been made for registration as a training organisation on the National Register under Division 4 of Part 4.3 of the Act.

6Definition of school—exempted bodies

(1)

The following bodies are exempted from the definition of school for the purposes of the Act and these Regulations—

(a)

an adult education institution;

(b)

a post-secondary education institution established under Division 2 of Part 3.2 of the Act;

(c)

a body that is an employer if it would be a school solely by reason of—

(i)

providing work experience to a student under a work experience arrangement or training under a structured workplace learning arrangement made under Division 1 of Part 5.4 of the Act; or

(ii)

providing work experience or training to a student under a practical placement agreement entered into under Division 2 of Part 5.4 of the Act; or

(iii)

providing training under a training contract approved under Division 4 of Part 5.5 of the Act;

(d)

subject to subregulation (2), any of the following education providers that has at least 85% of its students or those receiving its education or training programs above the compulsory school age—

(i)

an RTO that is established for the main purpose of providing education or training to students above the compulsory school age;

(ii)

a body that is approved in writing by the Adult, Community and Further Education Board or a Regional Council within the meaning of Part 3.3 of the Act to provide adult education in the community;

(iii)

any body that the Authority is satisfied has been established for the main purpose of providing education or training to students above the compulsory school age.

(2)

Subregulation (1)(d)(i) and (ii) do not exempt a body that is established for the main purpose of providing education to students in years 11 and 12.

7Definition of not-for-profit school

(1)

For the purposes of these Regulations, a not‑for‑profit school is a school that satisfies all of the following criteria—

(a)

the school is not established for the purpose of profit or gain;

(b)

the proprietor of the school does not conduct the school for the purposes of the proprietor's or any other person's profit or gain;

(c)

no part of the profit or gain made in the conduct of the school is or may be distributed to any person or entity;

(d)

all money and property received by the school or the proprietor of the school for the conduct of the school are applied solely toward the conduct of the school in accordance with the school's not-for-profit purpose;

(e)

the school is not a party to a prohibited agreement or arrangement;

(f)

the proprietor of the school is not a party to a prohibited agreement or arrangement;

(g)

in the case of a non-Government school, on the closure of the school, any surplus assets of the school remaining after payment of the school's liabilities are required by the constitution or rules governing the school to be—

(i)

used by the proprietor of the school for providing education services to children of compulsory school age or for other not-for-profit purposes; or

(ii)

given to a not-for-profit entity operating within Australia that provides education services to school children or that has similar not-for-profit purposes to the proprietor.

(2)

For the purposes of subregulation (1), a school is not conducted for the purposes of profit or gain only because the school or the proprietor of the school makes a financial surplus in the course of the proper administration of the school.

Reg. 7(3) inserted by S.R. No. 134/2019 reg. 5.

(3)

For the purposes of subregulation (1), a school is not conducted for the purposes of profit or gain only because the proprietor of the school—

Reg. 7(3)(a) substituted by S.R. No. 25/2021 reg. 7.

(a)

uses money (other than government funding) or property of the school—

(i)

to conduct an early learning centre that is a feeder for enrolments to the school; or

(ii)

to provide school boarding services at a school boarding premises at which students who are enrolled or attending the school are boarding and where those services are not provided for the purposes of profit or gain; or

Reg. 7(3)(b) substituted by S.R. No. 25/2021 reg. 7.

(b)

provides money (other than government funding) or property of the school to—

(i)

a person or entity to conduct an early learning centre that is a feeder for enrolments to the school; or

(ii)

a person to provide school boarding services at a school boarding premises to students who are enrolled or attending the school and where those services are not provided for the purposes of profit or gain.

Reg. 7A inserted by S.R. No. 25/2021 reg. 8.

7ADefinition of prohibited agreement or arrangement

(1)

For the purposes of these Regulations, a prohibited agreement or arrangement means an agreement or arrangement—

(a)

made between 2 or more of the following parties—

(i)

the governing body of a school;

(ii)

the proprietor of the school;

(iii)

another person or entity; and

(b)

where the purpose of the agreement or arrangement—

(i)

is to pay or divert any profit or gain made in the conduct of the school to the proprietor or any other person or entity; or

(ii)

that involves a payment by the governing body of the school or the proprietor of the school (as the case requires) to another person or entity which—

(A)

is excessive compared to the reasonable market value of the charges, fees, rates or costs currently prevailing in the community for payment for that purpose (other than a payment made in good faith for that purpose); or

(B)

involves a gift, loan or similar payment for a purpose unconnected to the conduct of the school (other than payments made to a bank in connection with the conduct of the school); or

(iii)

is otherwise not a payment made in good faith for the benefit of the school, or reasonably required for the conduct of the school.

Notes

1 Payments under paragraph (b)(i) may include excessive fees or remuneration or other expenses paid to members of the school's governing body, or excessive rents, fees, or other charges paid to any other person or entity.

2 Payments under paragraph (b)(ii) may include loans, guarantees, or indemnities payable for the recipient's own use or benefit; for example, a payment to benefit an enterprise conducted by the payment recipient where that enterprise is unconnected to the conduct of the school.

3 Payments under paragraph (b)(iii) may include "sham" arrangements that have the effect of transferring payments from the school to the recipient for the recipient's own purpose or benefit, and which deliver no benefit or service to the school.

(2)

Despite subregulation (1), a prohibited agreement or arrangement does not include an agreement or arrangement under which the proprietor of a school provides money (other than government funding) or property of the school to—

(a)

a person or entity to conduct an early learning centre that is a feeder for enrolments to the school; or

(b)

a person to provide school boarding services at a school boarding premises to students who are enrolled or attending that school, and where those services are not provided for the purposes of profit or gain.

8Measurement of distances

If these Regulations prescribe or refer to a distance, the distance is to be measured according to the shortest practicable route.

9Reasonable excuse—prescribed distance

For the purposes of section 2.1.3(b) of the Act, the prescribed distance is—

(a)

3 kilometres, if the child is under the age of 9 years; or

(b)

4·8 kilometres, if the child is, or above, the age of 9 years.

10School enrolment notice

For the purposes of section 2.1.17 of the Act, the prescribed form for a school enrolment notice is set out in Schedule 2.

11School attendance notice

For the purposes of section 2.1.18 of the Act, the prescribed form for a school attendance notice is set out in Schedule 3.

Pt 2A (Heading and regs

11A–11C) inserted by S.R. No. 43/2022 reg. 5.

Education and Training Reform Regulations 2017

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