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This is a Bill, not an Act. For current law, see the Acts databases.


Education and Training Reform Amendment (Land Powers) Bill 2023

Education and Training Reform Amendment (Land
               Powers) Act 2023
                             No.          of 2023


                      TABLE OF PROVISIONS
Clause                                                                   Page

Part 1--Preliminary                                                         1
 1       Purpose                                                           1
 2       Commencement                                                      2
 3       Principal Act                                                     2
Part 2--Amendment of the Education and Training Reform
Act 2006                                                                   3
 4       Purpose                                                           3
 5       Definitions                                                       3
 6       Principles underlying the enactment and amendment of this Act     4
 7       New section 1.2.2A inserted                                       5
 8       Principles not to give rise to civil cause of action              5
 9       Definitions in Part 2.3                                           5
 10      Consequential amendment of section 2.3.3--Minister entitled to
         act if no school council                                          5
 11      Consequential amendment of section 2.3.5--Functions of a
         school council                                                    6
 12      Consequential amendment of section 2.3.12--School council
         may carry out works                                               6
 13      Consequential amendment of heading of Division 6 of Part
         2.3--Preschool programs                                            6
 14      Consequential amendment of section 2.3.19--Application of
         Division                                                          6
 15      Consequential amendment of section 2.3.20--School councils
         may provide for preschool programs                                6
 16      Consequential amendment of section 2.3.21--Council may
         grant lease or licence over preschool land                        7
 17      Consequential amendment of section 2.3.22--Fees for
         preschool programs                                                7
 18      Consequential amendment of section 2.3.23--Application of,
         and accounting for, money received                                7
 19      Minister's powers to acquire land                                 7
 20      Section 5.2.4 substituted                                         8
 21      Consequential amendment of definition of section 5.6.1--
         Definitions                                                       9


                                      i
Clause                                         Page

 22 New section 6.1.62 inserted                  9
Part 3--Repeal of this Act                        10
 23 Repeal of this Act                           10
                               ═════════════
Endnotes                                         11
 1       General information                     11




                                     ii
   Education and Training Reform
 Amendment (Land Powers) Act 2023 
                    No.           of 2023

                           [Assented to                        ]


The Parliament of Victoria enacts:

                 Part 1--Preliminary
     1 Purpose
             The purpose of this Act is to amend the
             Education and Training Reform Act 2006--
              (a) to make further provision for the acquisition,
                  use and development of land for the purpose
                  of early childhood education and care and for
                  the purpose of services associated with early
                  childhood education and care; and
              (b) to provide for minor and related matters.


                              1
Education and Training Reform Amendment (Land Powers) Act 2023
                        No.     of 2023
                      Part 1--Preliminary


  2 Commencement
       (1) Subject to subsection (2), this Act comes into
           operation on a day or days to be proclaimed.
       (2) If a provision of this Act does not come into
           operation before 1 January 2024, it comes into
           operation on that day.
  3 Principal Act
           In this Act, the Education and Training Reform
           Act 2006 is called the Principal Act.




                              2
Education and Training Reform Amendment (Land Powers) Act 2023
                        No.     of 2023
Part 2--Amendment of the Education and Training Reform Act 2006



Part 2--Amendment of the Education and
       Training Reform Act 2006
  4 Purpose
       (1) After section 1.1.1(2)(h) of the Principal Act
           insert--
          "(ha) the acquisition, use and development of land
                required for the purposes of this Act;".
       (2) After section 1.1.1(2) of the Principal Act
           insert--
           "(3) In further particular, this Act makes
                provision for or with respect to certain
                aspects of the provision of--
                  (a) early childhood education and care; and
                  (b) services associated with early
                      childhood education and care.".
  5 Definitions
       (1) In section 1.1.3(1) of the Principal Act, insert the
           following definitions--
           "early childhood education and care means
                education and care provided by an education
                and care service, other than the following--
                  (a) education and care provided by a
                      family day care service;
                  (b) education and care provided by any
                      other prescribed education and care
                      service or prescribed class of education
                      and care service;
           education and care service has the same meaning
               as in the Education and Care Services
               National Law (Victoria);




                              3
Education and Training Reform Amendment (Land Powers) Act 2023
                        No.     of 2023
Part 2--Amendment of the Education and Training Reform Act 2006


           family day care service has the same meaning as
                in the Education and Care Services National
                Law (Victoria);
           service associated with early childhood education
                and care means a service--
                  (a) that is--
                        (i) provided to or in respect of
                            children under compulsory school
                            age; or
                        (ii) provided to benefit the
                             community; and
                  (b) that is provided on the same premises
                      as or nearby to a premises where a
                      service providing early childhood
                      education and care is provided;".
       (2) In section 1.1.3(1) of the Principal Act, in
           paragraph (a) of the definition of early childhood
           service omit "within the meaning of the Education
           and Care Services National Law (Victoria)".
  6 Principles underlying the enactment and
    amendment of this Act
       (1) In the heading to section 1.2.1 of the Principal
           Act, after "the enactment" insert
           "and amendment".
       (2) In section 1.2.1 of the Principal Act--
             (a) after "in enacting" insert "and amending";
            (b) after paragraph (b) insert--
                "(ba) access to education during early
                      childhood is important for the
                      wellbeing of children and their
                      families;




                              4
Education and Training Reform Amendment (Land Powers) Act 2023
                        No.     of 2023
Part 2--Amendment of the Education and Training Reform Act 2006


                 (bb) all Victorians, irrespective of where
                      they live or their social and economic
                      status, should have access to education
                      during early childhood;".
  7 New section 1.2.2A inserted
           After section 1.2.2 of the Principal Act insert--
       "1.2.2A Principle underlying State support of the
               provision of early childhood education
                 The State will support the provision of early
                 childhood education in areas where there is
                 or will be insufficient provision of early
                 childhood education.".
  8 Principles not to give rise to civil cause of action
           In section 1.2.3 of the Principal Act, for "or 1.2.2"
           substitute ", 1.2.2 or 1.2.2A".
  9 Definitions in Part 2.3
           In section 2.3.1 of the Principal Act--
             (a) insert the following definition--
                 "kindergarten program means an
                      educational program delivered by a
                      registered early childhood teacher as
                      part of an education and care service to
                      any child who is of or over the age of
                      3 years and under the age of 6 years in
                      the year that the child takes part in the
                      program;";
            (b) the definition of preschool program is
                repealed.
 10 Consequential amendment of section 2.3.3--
    Minister entitled to act if no school council
           In section 2.3.3 of the Principal Act, for
           "preschool program" substitute "kindergarten
           program".


                              5
Education and Training Reform Amendment (Land Powers) Act 2023
                        No.     of 2023
Part 2--Amendment of the Education and Training Reform Act 2006


 11 Consequential amendment of section 2.3.5--
    Functions of a school council
           In section 2.3.5(b) of the Principal Act, for
           "preschool programs" substitute "kindergarten
           programs".
 12 Consequential amendment of section 2.3.12--School
    council may carry out works
           In section 2.3.12(1)(c) of the Principal Act, for
           "preschool programs" substitute "kindergarten
           programs".
 13 Consequential amendment of heading of Division 6
    of Part 2.3--Preschool programs
           In the heading to Division 6 of Part 2.3 of the
           Principal Act, for "Preschool programs"
           substitute "Kindergarten programs".
 14 Consequential amendment of section 2.3.19--
    Application of Division
           In section 2.3.19(1) of the Principal Act--
             (a) for "preschool program" substitute
                 "kindergarten program";
            (b) for "preschool children" substitute
                "kindergarten children".
 15 Consequential amendment of section 2.3.20--School
    councils may provide for preschool programs
       (1) In the heading to section 2.3.20 of the Principal
           Act, for "preschool programs" substitute
           "kindergarten programs".
       (2) In section 2.3.20(1)(a) of the Principal Act, for
           "preschool programs" substitute "kindergarten
           programs".
       (3) In section 2.3.20(1)(b) and (c) and (2) of the
           Principal Act, for "preschool program" (wherever
           occurring) substitute "kindergarten program".


                              6
Education and Training Reform Amendment (Land Powers) Act 2023
                        No.     of 2023
Part 2--Amendment of the Education and Training Reform Act 2006


       (4) In section 2.3.20(2) of the Principal Act, for
           "preschool children" substitute "kindergarten
           children".
 16 Consequential amendment of section 2.3.21--
    Council may grant lease or licence over preschool
    land
       (1) In the heading to section 2.3.21 of the Principal
           Act, for "preschool" substitute "kindergarten".
       (2) In section 2.3.21(1) of the Principal Act, for
           "preschool program" substitute "kindergarten
           program".
 17 Consequential amendment of section 2.3.22--Fees
    for preschool programs
       (1) In the heading to section 2.3.22 of the Principal
           Act, for "preschool programs" substitute
           "kindergarten programs".
       (2) In section 2.3.22 of the Principal Act, for
           "preschool programs" substitute "kindergarten
           programs".
 18 Consequential amendment of section 2.3.23--
    Application of, and accounting for, money received
           In section 2.3.23 of the Principal Act, for
           "preschool programs" (wherever occurring)
           substitute "kindergarten programs".
 19 Minister's powers to acquire land
           For section 5.2.3(2) of the Principal Act
           substitute--
           "(2) Despite subsection (1), the Minister must not
                compulsorily acquire land for the purposes
                of the provision of a service associated with
                early childhood education and care unless
                the Minister is also compulsorily acquiring
                the land for the purposes of the provision of
                early childhood education and care.".


                              7
Education and Training Reform Amendment (Land Powers) Act 2023
                        No.     of 2023
Part 2--Amendment of the Education and Training Reform Act 2006


 20 Section 5.2.4 substituted
           For section 5.2.4 of the Principal Act substitute--
        "5.2.4 Powers of the Minister as to leases and
               other arrangements relating to land
            (1) The Minister, for and on behalf of the
                Crown, may--
                  (a) take on lease or under any other
                      arrangement any land or premises
                      required for a relevant purpose; or
                  (b) grant or enter into any lease of or enter
                      into any other arrangement for any land
                      or premises required for a relevant
                      purpose.
            (2) In this section--
                 relevant purpose means any one or more of
                      the following purposes--
                        (a) the purpose of providing
                            education or training; or
                        (b) the purpose of providing a direct
                            or indirect benefit to education or
                            training; or
                        (c) the purpose of providing early
                            childhood education and care; or
                        (d) the purpose of providing a direct
                            or indirect benefit to early
                            childhood education and care; or
                        (e) the purpose of providing services
                            associated with early childhood
                            education and care; or
                        (f) the purpose of providing a direct
                            or indirect benefit to services
                            associated with early childhood
                            education and care.".


                              8
Education and Training Reform Amendment (Land Powers) Act 2023
                        No.     of 2023
Part 2--Amendment of the Education and Training Reform Act 2006


 21 Consequential amendment of definition of
    section 5.6.1--Definitions
           In section 5.6.1(1) of the Principal Act, in
           paragraph (c) of the definition of school work, for
           "preschool program" substitute "kindergarten
           program".
 22 New section 6.1.62 inserted
           After section 6.1.61 of the Principal Act insert--
       "6.1.62 Transitional provision--Education and
               Training Reform Amendment (Land
               Powers) Act 2023--references to
               preschool program
                 On and after the commencement of section 9
                 of the Education and Training Reform
                 Amendment (Land Powers) Act 2023, a
                 program that was, immediately before that
                 commencement, a preschool program as
                 defined in section 2.3.1 as in force
                 immediately before that commencement, is
                 taken to be a kindergarten program as
                 defined in section 2.3.1.".




                              9
Education and Training Reform Amendment (Land Powers) Act 2023
                        No.     of 2023
                    Part 3--Repeal of this Act



            Part 3--Repeal of this Act
 23 Repeal of this Act
            This Act is repealed on 1 January 2025.
     Note
     The repeal of this Act does not affect the continuing operation of
     the amendments made by it (see section 15(1) of the
     Interpretation of Legislation Act 1984).
                   ═════════════




                                10
      Education and Training Reform Amendment (Land Powers) Act 2023
                              No.     of 2023
                                        Endnotes



                                    Endnotes
1 General information
  See www.legislation.vic.gov.au for Victorian Bills, Acts and current
  authorised versions of legislation and up-to-date legislative information.
   
      Minister's second reading speech--
      Legislative Assembly:
      Legislative Council:
      The long title for the Bill for this Act was "A Bill for an Act to amend the
      Education and Training Reform Act 2006 to make further provision for
      the acquisition, use and development of land for the purpose of early
      childhood education and care and for the purpose of services associated
      with early childhood education and care and for other purposes."




                 By Authority. Government Printer for the State of Victoria.




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