Education and Training Reform Regulations 2017

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—

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—

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—

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—

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—

Example

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

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—

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—

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—

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—

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—

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.