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Education Legislation Amendment (Adult and Community Education and Other Matters) Bill 2022

     Education Legislation Amendment (Adult and
      Community Education and Other Matters)
                       Act 2022
                             No.           of 2022


                       TABLE OF PROVISIONS
Clause                                                       Page

Part 1--Preliminary                                             1
 1       Purposes                                              1
 2       Commencement                                          3
 3       Principal Act                                         4
Part 2--Amendments to the Principal Act                         5
 4       Definitions                                            5
 5       TAFE institutes and boards                             5
 6       Accountability of TAFE institute boards                5
 7       Board directorship                                     6
 8       Section 3.1.26AA repealed                              6
 9       Section 3.1.26AB repealed                              6
 10      Definitions                                            6
 11      Functions of the Board                                 7
 12      Board to consult                                       9
 13      Financial powers                                      10
 14      Section 3.3.7 repealed                                10
 15      Membership of the Board                               10
 16      Section 3.3.13 substituted                            11
 17      Delegations by the Board                              11
 18      Delegations by the General Manager                    11
 19      Functions of Regional Councils                        12
 20      Accountability                                        12
 21      Membership of Regional Councils                       12
 22      Heading to Division 5 of Part 3.3 substituted         12
 23      Adult Multicultural Education Services                12
 24      Adult education institutions and governing boards     13
 25      Adult education institution is a body corporate       16
 26      Objectives of adult education institutions            16
 27      Functions of adult education institutions             17
 28      Powers of adult education institutions                18
 29      New section 3.3.29D inserted                          19
 30      Functions of governing boards                         19



                                       i
Clause                                                                Page

 31 Powers of governing boards                                          20
 32 Accountability of governing boards                                  20
 33 Governing board membership                                          21
 34 Strategic plans                                                     22
 35 When statement of corporate intent to be prepared                   22
 36 Content of statement of corporate intent                            23
 37 Reserve powers of Minister                                          23
 38 Notice of proposal                                                  24
 39 Appointment of administrator                                        25
 40 Saving of acts of board                                             25
 41 Employment of staff                                                 26
 42 Minister may object to chief executive officer appointment          26
 43 Staff conditions                                                    27
 44 Chief executive officers                                            27
 45 Decision about registration                                         27
 46 Definitions                                                         28
 47 Definition of RTO in this Division                                  28
 48 Minister's general powers                                           28
 49 Section 5.3A.9 substituted                                          28
 50 New section 5.3A.9A inserted                                        29
 51 Section 5.3A.10 substituted                                         30
 52 New sections 5.3A.10A, 5.3A.10B and 5.3A.10C inserted               30
 53 Prohibition on Secretary's use or disclosure                        33
 54 New sections 6.1.55, 6.1.56, 6.1.57, 6.1.58, 6.1.59, 6.1.60 and
    6.1.61 inserted                                                     33
 55 Schedule 2--General provisions for authorities                       39
Part 3--Further amendments to the Principal Act                          41
 56 Definitions                                                         41
 57 Decision about registration                                         42
 58 Amending registration on application by registered education
    and training organisation                                           42
 59 Schedule 2--General provisions for authorities                       42
Part 4--Amendments to the Child Wellbeing and Safety Act 2005
and the Child Wellbeing and Safety (Child Safe Standards
Compliance and Enforcement) Amendment Act 2021                          43
 60 Schedule 3--Entities to which the reportable conduct scheme
    applies on and after commencement of Part 5A                        43
 61 Section 41BA amended                                                43
 62 New Divisions 5 to 12 of Part 5.8 inserted                          43
 63 Schedule 1 substituted                                              45
Part 5--Amendments to other Acts                                         46
 64 What are public entities?                                           46
 65 Definitions                                                         46
 66 Definitions                                                         46


                                    ii
Clause                                         Page

Part 6--Repeal of this Act                        47
 67 Repeal of this Act                           47
                               ═════════════
Endnotes                                         48
 1       General information                     48




                                    iii
   Education Legislation Amendment
 (Adult and Community Education and
       Other Matters) Act 2022 
                    No.          of 2022

                          [Assented to                       ]


The Parliament of Victoria enacts:

                Part 1--Preliminary
     1 Purposes
             The main purposes of this Act are--
              (a) to amend the Education and Training
                  Reform Act 2006--
                   (i) in relation to the Adult, Community
                       and Further Education Board; and




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Education Legislation Amendment (Adult and Community Education and
                       Other Matters) Act 2022
                          No.       of 2022
                         Part 1--Preliminary



                    (ii) to remove adult education institutions
                         as a provider of adult, community and
                         further education; and
                   (iii) to apply Division 5 of Part 3.3 of that
                         Act exclusively to AMES Australia;
                         and
                   (iv) to provide the Victorian Registration
                        and Qualifications Authority with
                        greater discretion to decide whether or
                        not to conduct a compliance audit of a
                        RTO; and
                    (v) to modernise the framework for the
                        access, use and disclosure of the
                        Victorian student number and related
                        information on the Student Register;
                        and
                   (vi) to provide that post-secondary
                        education institutions and
                        post-secondary education providers
                        may provide education to persons who
                        are of compulsory school age; and
                  (vii) to make other amendments; and
              (b) to amend the Child Wellbeing and Safety
                  (Child Safe Standards Compliance and
                  Enforcement) Amendment Act 2021--
                     (i) to allow the Victorian Registration and
                         Qualifications Authority to issue
                         notices to comply to registered schools,
                         registered school boarding premises
                         and RTOs; and
                    (ii) to lower the threshold for the Victorian
                         Registration and Qualifications
                         Authority to issue a notice to produce;
                         and




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                       Other Matters) Act 2022
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                         Part 1--Preliminary



                   (iii) to disapply section 41BA of the Child
                         Wellbeing and Safety Act 2005 to
                         remove the restrictions on the Victorian
                         Registration and Qualifications
                         Authority disclosing information it has
                         obtained; and
                   (iv) to make other amendments; and
              (c) to amend the Child Wellbeing and Safety
                  Act 2005 and the Child Wellbeing and
                  Safety (Child Safe Standards Compliance
                  and Enforcement) Amendment
                  Act 2021--
                     (i) to ensure that a person, body or school
                         that is registered in respect of an
                         accredited foundation secondary course
                         or a registered foundation secondary
                         qualification is subject to the reportable
                         conduct scheme and the Child Safe
                         Standards under Parts 5A and 6 of the
                         Child Wellbeing and Safety Act 2005;
                         and
                    (ii) to make other amendments; and
              (d) to amend the Public Administration
                  Act 2004, the Sex Offenders Registration
                  Act 2004 and the Worker Screening
                  Act 2020 to make related and consequential
                  amendments.
    2 Commencement
         (1) Subject to subsections (2) and (3), this Act
             (other than Parts 1, 3 and 4) comes into operation
             on a day or days to be proclaimed.
         (2) Parts 1, 3 and 4 come into operation on the day
             after the day on which this Act receives the Royal
             Assent.




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                       Other Matters) Act 2022
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                         Part 1--Preliminary



         (3) If a provision referred to in subsection (1) does
             not come into operation before 24 May 2023, 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.




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                  Part 2--Amendments to the Principal Act




 Part 2--Amendments to the Principal Act
    4 Definitions
             In section 1.1.3(1) of the Principal Act--
              (a) in paragraph (c) of the definition of adult,
                  community and further education, for
                  "an adult education institution established by
                  or under this Act" substitute "AMES
                  Australia";
              (b) the definition of adult education institution
                  is repealed;
              (c) for the definition of AMES substitute--
                   "AMES Australia means AMES Australia
                      established by section 3.3.26(1);";
              (d) in paragraph (b) of the definition of
                  vocational education and training, for
                  "an adult education institution" substitute
                  "AMES Australia".
    5 TAFE institutes and boards
         (1) Section 3.1.11(1)(da) and (2)(c) of the Principal
             Act are repealed.
         (2) In section 3.1.11(4) of the Principal Act--
              (a) in paragraph (b), for "Order;" substitute
                  "Order.";
              (b) paragraph (c) is repealed.
         (3) Section 3.1.11(9) of the Principal Act is repealed.
    6 Accountability of TAFE institute boards
             Section 3.1.15(1)(ab) of the Principal Act is
             repealed.




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                  Part 2--Amendments to the Principal Act



    7 Board directorship
             In section 3.1.16(2) of the Principal Act--
              (a) in paragraph (i), for "education;" substitute
                  "education.";
              (b) paragraph (j) is repealed.
    8 Section 3.1.26AA repealed
             Section 3.1.26AA of the Principal Act is
             repealed.
    9 Section 3.1.26AB repealed
             Section 3.1.26AB of the Principal Act is
             repealed.
   10 Definitions
             In section 3.3.1 of the Principal Act--
              (a) insert the following definition--
                   "adult learner means a person who is--
                            (a) beyond the age of compulsory
                                school attendance; or
                            (b) not less than 15 or more than
                                17 years of age and is exempt
                                from enrolment and attendance at
                                school by Ministerial Order in
                                accordance with section 2.1.5;";
              (b) in the definition of Board of AMES--
                     (i) after "AMES" insert "Australia";
                    (ii) for "Adult Multicultural Education
                         Services" substitute "AMES
                         Australia";
              (c) the definition of governing board is
                  repealed.




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                  Part 2--Amendments to the Principal Act



   11 Functions of the Board
             For section 3.3.3 of the Principal Act substitute--
          "3.3.3 Functions of the Board
              (1) The functions of the Board with respect to
                  adult, community and further education that
                  is not provided by TAFE institutes or
                  universities, are--
                     (a) to establish strategic objectives,
                         priorities and targets in relation to--
                            (i) the Board's leadership of adult,
                                community and further education;
                                and
                            (ii) training provided in the
                                 post-secondary education system
                                 relating to adult, community and
                                 further education; and
                    (b) to evaluate and report on policies,
                        programs, resources and services
                        developed for the coordination,
                        provision, funding and support of adult,
                        community and further education,
                        having regard to, amongst other things,
                        the matters specified in subsection (2);
                        and
                     (c) to strategically plan and develop new
                         policies, programs, resources and
                         services for the coordination, provision,
                         funding and support of adult,
                         community and further education,
                         having regard to--
                            (i) the economic and social benefits
                                of adult, community and further
                                education to the Victorian
                                community; and



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                            (ii) the quality of and equity of access
                                 to adult, community and further
                                 education; and
                    (d) to register providers of adult,
                        community and further education; and
                     (e) to advise the Minister on matters
                         relating to adult, community and further
                         education; and
                     (f) to provide educational programs where
                         directed by the Minister; and
                    (g) to foster and support research and the
                        development of matters relating to
                        adult, community and further
                        education; and
                    (h) to advocate for adult, community and
                        further education; and
                     (i) to promote awareness of adult,
                         community and further education; and
                     (j) to carry out any other function that is
                         conferred on the Board by this or any
                         other Act.
              (2) For the purposes of subsection (1)(b), the
                  following matters are specified--
                     (a) the skills and education needs of adult
                         learners in the Victorian community
                         including the following--
                            (i) literacy;
                            (ii) digital literacy;
                           (iii) numeracy;
                           (iv) the English language;




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                            (v) the skills, attributes and
                                knowledge required to gain and
                                retain employment and for career
                                progression;
                    (b) the benefit of adult, community and
                        further education to the Victorian
                        community;
                     (c) the impact of adult, community and
                         further education on the Victorian
                         community;
                    (d) the equity of access to, and the quality
                        of programs provided for, adult,
                        community and further education;
                     (e) the role of Government in relation to--
                            (i) fostering innovation, quality
                                teaching, learning and
                                partnerships with respect to adult,
                                community and further education;
                                and
                            (ii) developing resources and services
                                 for adult, community and further
                                 education; and
                           (iii) improving the capability and
                                 capacity of providers of adult,
                                 community and further
                                 education.".
   12 Board to consult
         (1) Section 3.3.5(b) of the Principal Act is repealed.
         (2) For section 3.3.5(c)(ii) of the Principal Act
             substitute--
            "(ii) industry and industry partners; and".




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   13 Financial powers
             For section 3.3.6(d) of the Principal Act
             substitute--
            "(d) may make payments to a Regional Council
                 with respect to their functions;".
   14 Section 3.3.7 repealed
             Section 3.3.7 of the Principal Act is repealed.
   15 Membership of the Board
         (1) For section 3.3.10(1) of the Principal Act
             substitute--
            "(1) The Board consists of not less than 8 and not
                 more than 12 members of whom--
                     (a) one member is to be appointed by the
                         Governor in Council as Chairperson on
                         the recommendation of the Minister;
                         and
                    (b) one member is to be appointed by the
                        Governor in Council as Deputy
                        Chairperson on the recommendation of
                        the Minister; and
                     (c) the remaining members are to be
                         appointed by the Governor in Council
                         on the recommendation of the Minister
                         in accordance with subsection (2).".
         (2) In section 3.3.10(2)(d) of the Principal Act, for
             "management" substitute "governance".
         (3) For section 3.3.10(2)(f) of the Principal Act
             substitute--
             "(f) ensuring that the composition of the Board
                  includes members with sufficient expertise in
                  the provision of adult, community and
                  further education.".




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   16 Section 3.3.13 substituted
             For section 3.3.13 of the Principal Act
             substitute--
         "3.3.13 General Manager of the Board
              (1) There is to be appointed a General Manager
                  of the Board who is an executive (within the
                  meaning of the Public Administration
                  Act 2004) of the Department.
              (2) The General Manager of the Board is
                  responsible for implementing any policy or
                  decision of the Board made in accordance
                  with this Part or any other Act.".
   17 Delegations by the Board
             In section 3.3.14 of the Principal Act--
              (a) omit "a function specified in section 3.3.3(2)
                  or";
              (b) paragraphs (d) and (e) are repealed;
              (c) for paragraph (g) substitute--
                   "(g) a person or body appointed by the
                        Minister under this Act;
                    (h) a body established by Order in
                        Council.".
   18 Delegations by the General Manager
         (1) Section 3.3.15(b) and (d) of the Principal Act are
             repealed.
         (2) For section 3.3.15(f) of the Principal Act
             substitute--
             "(f) a person or body appointed by the Minister
                  under this Act; or
              (g) a body established by Order in Council.".




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   19 Functions of Regional Councils
             In section 3.3.18 of the Principal Act--
              (a) in subsection (1)(f), for "an adult education
                  institution" substitute "AMES Australia";
              (b) in subsection (3)(a), for "governing board of
                  an adult education institution" substitute
                  "Board of AMES Australia".
   20 Accountability
             Section 3.3.20(a) of the Principal Act is repealed.
   21 Membership of Regional Councils
             For section 3.3.21(1) of the Principal Act
             substitute--
            "(1) A Regional Council consists of not less
                 than 5 and not more than 9 members
                 appointed by the Minister of whom--
                     (a) one member is to be appointed by the
                         members of the Regional Council as
                         Chairperson; and
                    (b) one member is to be appointed by the
                        members of the Regional Council as
                        Deputy Chairperson.".
   22 Heading to Division 5 of Part 3.3 substituted
             For the heading to Division 5 of Part 3.3 of the
             Principal Act substitute--

                   "Division 5--AMES Australia".
   23 Adult Multicultural Education Services
         (1) For the heading to section 3.3.26 of the Principal
             Act substitute--
                   "Establishment of AMES Australia".




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         (2) For section 3.3.26(1) of the Principal Act
             substitute--
            "(1) AMES Australia is established.".
         (3) In section 3.3.26(2) of the Principal Act--
              (a) after "AMES" (where twice occurring)
                  insert "Australia";
              (b) for "governing body" substitute
                  "governing board".
         (4) In section 3.3.26(3) of the Principal Act, after
             "AMES" insert "Australia".
   24 Adult education institutions and governing boards
         (1) For the heading to section 3.3.28 of the Principal
             Act substitute--
                   "AMES Australia and the Board of AMES
                   Australia".
         (2) For section 3.3.28(1) and (2) of the Principal Act
             substitute--
            "(1) The Governor in Council may, on the
                 recommendation of the Minister, by Order
                 published in the Government Gazette--
                     (a) change the name of AMES Australia;
                         or
                    (b) establish a governing board to oversee
                        and govern AMES Australia; or
                     (c) change the name of the Board of
                         AMES Australia; or
                    (d) make provision or further provision for
                        or with respect to the constitution,
                        management structure, membership,
                        objectives, powers, duties or functions
                        of AMES Australia or the Board of
                        AMES Australia; or



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                     (e) make provision or further provision for
                         or with respect to the manner of
                         appointment or the terms and
                         conditions of appointment of members
                         of the Board of AMES Australia; or
                     (f) make provision for the Board of AMES
                         Australia to make rules for the
                         governance of AMES Australia; or
                    (g) make provision for the Board of AMES
                        Australia to delegate any of its powers
                        and functions under this Act
                        (except any powers delegated to it
                        under this Act) to a person employed at
                        AMES Australia or to a committee
                        established by or under an Order in
                        Council relating to the Board of AMES
                        Australia; or
                    (h) amend any provision of a previous
                        Order in Council under this section
                        relating to AMES Australia or the
                        Board of AMES Australia; or
                     (i) make provision for or with respect to
                         any matter of a consequential,
                         transitional or savings nature
                         consequent on the making of an Order
                         in Council under this section including
                         the rights, obligations and assignment
                         of any property (subject to any trusts)
                         of AMES Australia referred to in the
                         Order in Council.".
         (3) For section 3.3.28(3) of the Principal Act
             substitute--
            "(3) The Minister must not make a
                 recommendation for the purposes of this
                 section unless the Board of AMES Australia
                 has made a request for the proposed Order in



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                   Council or has been consulted about the
                   proposed Order in Council.".
         (4) In section 3.3.28(4) of the Principal Act--
              (a) for "the governing board of an adult
                  education institution" substitute "the Board
                  of AMES Australia";
              (b) for paragraph (b) substitute--
                   "(b) a reference to the Board of AMES
                        Australia, the Board of AMES, the
                        governing board of AMES or the
                        governing board of Adult Multicultural
                        Education Services in any Act,
                        subordinate instrument or any other
                        document must, except in relation to
                        matters that occurred before the change
                        of name, be construed as a reference to
                        its new name.".
         (5) In section 3.3.28(5) of the Principal Act--
              (a) for "an adult education institution"
                  substitute "AMES Australia";
              (b) in paragraph (a), for "the institution"
                  substitute "AMES Australia".
         (6) For section 3.3.28(5)(b) of the Principal Act
             substitute--
            "(b) a reference to AMES Australia, AMES or
                 Adult Multicultural Education Services in
                 any Act, subordinate instrument or any other
                 document must, except in relation to matters
                 that occurred before the change of name, be
                 construed as a reference to its new name;
                 and".
         (7) In section 3.3.28(5)(c) of the Principal Act, for
             "the institution" (where twice occurring)
             substitute "AMES Australia".



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         (8) For section 3.3.28(5)(d) of the Principal Act
             substitute--
            "(d) any legal proceedings that might have been
                 continued or commenced by or against
                 AMES Australia, AMES or Adult
                 Multicultural Education Services may be
                 continued by or against it by its new name.".
         (9) Section 3.3.28(6) of the Principal Act is repealed.
   25 Adult education institution is a body corporate
         (1) In the heading to section 3.3.29 of the Principal
             Act, for "Adult education institution" substitute
             "AMES Australia".
         (2) In section 3.3.29 of the Principal Act, for
             "An adult education institution established under
             section 3.3.28" substitute "AMES Australia".
   26 Objectives of adult education institutions
         (1) In the heading to section 3.3.29A of the Principal
             Act, for "adult education institutions" substitute
             "AMES Australia".
         (2) In section 3.3.29A of the Principal Act--
              (a) for "an adult education institution"
                  substitute "AMES Australia";
              (b) in paragraph (b), for "the institution"
                  substitute "AMES Australia (including
                  migrants, refugees and asylum seekers)";
              (c) in paragraph (d)--
                     (i) for "in the case of the governing board
                         of AMES, monitor" substitute
                         "to monitor";
                    (ii) for "AMES services" substitute
                         "AMES Australia services";




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              (d) in paragraph (e)--
                     (i) for "in the case of governing boards
                         except the governing board of AMES,
                         make" substitute "to make";
                    (ii) for "the institution" substitute
                         "AMES Australia";
              (e) for paragraph (f) substitute--
                    "(f) any other objective set out in an Order
                         in Council made under section
                         3.3.28(1).".
   27 Functions of adult education institutions
         (1) In the heading to section 3.3.29B of the Principal
             Act, for "adult education institutions" substitute
             "AMES Australia".
         (2) In section 3.3.29B(1) of the Principal Act--
              (a) for "An adult education institution"
                  substitute "AMES Australia";
              (b) in paragraph (a), for "the adult education
                  institution" substitute "AMES Australia";
              (c) after paragraph (a) insert--
                  "(ab) to develop and provide specialist
                        settlement services for migrants,
                        refugees and asylum seekers;";
              (d) in paragraph (c), for "for commercial
                  organisations" substitute "on a commercial
                  basis for other organisations";
              (e) in paragraph (d), for "the institution"
                  substitute "AMES Australia";
               (f) for paragraph (f) substitute--
                    "(f) to seek or encourage gifts to AMES
                         Australia for the purposes of AMES
                         Australia's objectives and functions;";



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              (g) for paragraph (h) substitute--
                   "(h) to perform any other function conferred
                        on AMES Australia by or under this
                        Act or an Order in Council made under
                        section 3.3.28(1).".
         (3) In section 3.3.29B(2) of the Principal Act, for
             "An adult education institution" substitute
             "AMES Australia".
         (4) After section 3.3.29B(2) of the Principal Act
             insert--
            "(3) Subject to any direction or guideline issued
                 by the Minister, AMES Australia may
                 engage in an activity on a commercial basis
                 if the activity is consistent with, and does not
                 interfere with, the carrying out of any of its
                 functions referred to in subsection (1) or its
                 strategic plan.".
   28 Powers of adult education institutions
         (1) In the heading to section 3.3.29C of the Principal
             Act, for "adult education institutions" substitute
             "AMES Australia".
         (2) In section 3.3.29C of the Principal Act--
              (a) in subsection (1), for "An adult education
                  institution" substitute "AMES Australia";
              (b) in subsection (2), for "an adult education
                  institution" substitute "AMES Australia";
              (c) in subsection (3), for "An adult education
                  institution" substitute "AMES Australia".




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   29 New section 3.3.29D inserted
             After section 3.3.29C of the Principal Act
             insert--
       "3.3.29D Borrowing and investment by AMES
                Australia
                   AMES Australia has the powers conferred
                   on it by the Borrowing and Investment
                   Powers Act 1987.".
   30 Functions of governing boards
         (1) In the heading to section 3.3.30 of the Principal
             Act, for "governing boards" substitute
             "the Board of AMES Australia".
         (2) In section 3.3.30(1) of the Principal Act--
              (a) for "governing board of an adult education
                  institution" substitute "Board of AMES
                  Australia";
              (b) for paragraph (a) substitute--
                   "(a) to oversee and govern AMES Australia
                        efficiently and effectively; and";
              (c) in paragraph (b)(ii), for "the institution"
                  substitute "AMES Australia";
              (d) in paragraphs (c) and (d), for "the institution"
                  substitute "AMES Australia";
              (e) in paragraph (e), for "institution staff"
                  substitute "staff of AMES Australia";
               (f) in paragraphs (f) and (g), for "the institution"
                   (wherever occurring) substitute "AMES
                   Australia";
              (g) in paragraph (h)--
                     (i) for "the institution" substitute
                         "AMES Australia";
                    (ii) omit "and the Secretary";


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              (h) for paragraph (i) substitute--
                    "(i) to perform any other function conferred
                         on the Board of AMES Australia by or
                         under this Act or an Order in Council
                         made under section 3.3.28(1).".
         (3) In section 3.3.30(2) of the Principal Act, for
             "governing board of an adult education
             institution" substitute "Board of AMES
             Australia".
   31 Powers of governing boards
         (1) In the heading to section 3.3.31 of the Principal
             Act, for "governing boards" substitute
             "the Board of AMES Australia".
         (2) In section 3.3.31(1) and (3) of the Principal Act,
             for "A governing board" substitute "The Board of
             AMES Australia".
   32 Accountability of governing boards
         (1) In the heading to section 3.3.32 of the Principal
             Act, for "governing boards" substitute
             "the Board of AMES Australia".
         (2) In section 3.3.32(1) of the Principal Act--
              (a) for "A governing board" substitute
                  "The Board of AMES Australia";
              (b) paragraph (a) is repealed.
         (3) In section 3.3.32(2) of the Principal Act--
              (a) for "A governing board" substitute
                  "The Board of AMES Australia";
              (b) for "the board" substitute "the Board".
         (4) In section 3.3.32(4) of the Principal Act--
              (a) for "governing board of an adult education
                  institution" substitute "Board of AMES
                  Australia";



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              (b) for "governing board's" substitute "Board's".
   33 Governing board membership
         (1) For the heading to section 3.3.33 of the Principal
             Act substitute--
                   "Membership of the Board of AMES
                   Australia".
         (2) In section 3.3.33(1) of the Principal Act--
              (a) for "An Order in Council under section
                  3.3.28 must provide for a governing board of
                  an adult education institution consisting of
                  not less than 9 and not more than 15"
                  substitute "The Board of AMES Australia
                  consists of not less than 9 and not more
                  than 11";
              (b) in paragraph (a), for "the governing board;"
                  substitute "the Board; and";
              (c) after paragraph (a) insert--
                  "(ab) one is to be the chief executive officer
                        of AMES Australia; and";
              (d) in paragraph (b)--
                     (i) in subparagraph (i), for "the Minister;"
                         substitute "the Minister; or";
                    (ii) in subparagraph (ii), for "the Minister;"
                         substitute "the Minister; and".
         (3) In section 3.3.33(2) of the Principal Act--
              (a) for "a governing board" substitute
                  "the Board";
              (b) for "to a board" substitute "of the Board";
              (c) for paragraph (g) substitute--
                   "(g) the educational needs of and services
                        required by migrants, refugees and
                        asylum seekers in the community.".


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         (4) For section 3.3.33(3) of the Principal Act
             substitute--
            "(3) A person who is a member of Parliament
                 must not be appointed as a member of the
                 Board of AMES Australia.".
   34 Strategic plans
         (1) In section 3.3.34A(1) of the Principal Act--
              (a) for "The governing board of an adult
                  education institution" substitute "The Board
                  of AMES Australia";
              (b) for "the institution" substitute
                  "AMES Australia".
         (2) After section 3.3.34A(3) of the Principal Act
             insert--
           "(3A) If the Minister refuses to accept a strategic
                 plan under subsection (3)(c), the Board of
                 AMES Australia must, at the time or times
                 determined by the Minister, amend and
                 resubmit the strategic plan to the Minister for
                 acceptance.".
         (3) In section 3.3.34A(4) of the Principal Act, for
             "The governing board of an adult education
             institution" substitute "The Board of AMES
             Australia".
   35 When statement of corporate intent to be prepared
         (1) In the heading to section 3.3.34B of the Principal
             Act, after "When" insert "is a".
         (2) In section 3.3.34B(1) of the Principal Act--
              (a) for "governing board of an adult education
                  institution" substitute "Board of AMES
                  Australia";
              (b) in paragraph (a), for "Secretary" substitute
                  "Minister".


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         (3) In section 3.3.34B(2) of the Principal Act--
              (a) for "governing board of an adult education
                  institution" substitute "Board of AMES
                  Australia";
              (b) for "the institution" substitute "AMES
                  Australia".
         (4) In section 3.3.34B(3) of the Principal Act--
              (a) for "governing board of an adult education
                  institution" substitute "Board of AMES
                  Australia";
              (b) for "the adult education institution"
                  substitute "AMES Australia".
         (5) In section 3.3.34B(4) and (5) of the Principal Act,
             for "governing board of an adult education
             institution" substitute "Board of AMES
             Australia".
   36 Content of statement of corporate intent
             In section 3.3.34C of the Principal Act--
              (a) for "governing board of an adult education
                  institution" (where twice occurring)
                  substitute "Board of AMES Australia";
              (b) omit "and the Secretary";
              (c) for "the institution" (wherever occurring)
                  substitute "AMES Australia".
   37 Reserve powers of Minister
         (1) In section 3.3.35(1) of the Principal Act--
              (a) for "governing board of an institution"
                  substitute "Board of AMES Australia";
              (b) in paragraph (a), for "managing the
                  institution" substitute "governing AMES
                  Australia";
              (c) paragraph (b) is repealed;


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              (d) in paragraph (c), for "governing board"
                  (where twice occurring) substitute "Board";
              (e) in paragraph (d)--
                     (i) for "governing board" substitute
                         "Board";
                    (ii) in subparagraph (i)--
                           (A) for "management" substitute
                               "governance of AMES Australia";
                           (B) for "the institution's chief
                               executive officer" substitute
                               "the chief executive officer of
                               AMES Australia";
               (f) paragraph (d)(ii) is repealed;
              (g) in paragraphs (e) and (f), for "governing
                  board" substitute "Board";
              (h) in the note at the foot of paragraph (f), for
                  "governing board" substitute "Board of
                  AMES Australia";
               (i) in paragraph (g), for "the institution"
                   substitute "AMES Australia".
         (2) In section 3.3.35(2) of the Principal Act, for
             "a governing board" substitute "the Board of
             AMES Australia".
   38 Notice of proposal
         (1) In section 3.3.36(1) of the Principal Act--
              (a) for "his or her" substitute "the Minister's";
              (b) for "governing board" (where twice
                  occurring) substitute "Board of AMES
                  Australia".
         (2) In section 3.3.36(2) of the Principal Act--
              (a) for "a governing board" substitute
                  "the Board of AMES Australia";


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              (b) for "appoint" substitute "recommend the
                  appointment of";
              (c) for "the governing board" (wherever
                  occurring) substitute "the Board of AMES
                  Australia".
   39 Appointment of administrator
         (1) In section 3.3.37(1) of the Principal Act, for
             "the institution" substitute "AMES Australia".
         (2) For section 3.3.37(2) of the Principal Act
             substitute--
            "(2) An administrator appointed under this
                 section has and may exercise all of the
                 powers and is subject to all the functions of
                 the Board of AMES Australia and the chief
                 executive officer of AMES Australia.".
         (3) In section 3.3.37(3) of the Principal Act, for
             "governing board" substitute "Board of AMES
             Australia".
         (4) In section 3.3.37(5) of the Principal Act, for
             "will be revoked" substitute "is revoked".
         (5) In section 3.3.37(6) of the Principal Act--
              (a) for "an institution" substitute
                  "AMES Australia";
              (b) for "governing board of the institution"
                  (where twice occurring) substitute
                  "Board of AMES Australia".
   40 Saving of acts of board
         (1) In the heading to section 3.3.38 of the Principal
             Act, for "board" substitute "Board of AMES
             Australia".
         (2) In section 3.3.38 of the Principal Act--
              (a) for "a governing board" substitute
                  "the Board of AMES Australia";


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              (b) for "the governing board" substitute
                  "the Board of AMES Australia".
   41 Employment of staff
         (1) In section 3.3.40(1) of the Principal Act--
              (a) for "an adult education institution"
                  substitute "AMES Australia";
              (b) for "the institution" (where twice occurring)
                  substitute "AMES Australia".
         (2) In section 3.3.40(2) of the Principal Act, for
             "An adult education institution" substitute
             "AMES Australia".
         (3) In section 3.3.40(3) of the Principal Act--
              (a) for "An adult education institution"
                  substitute "AMES Australia";
              (b) for "the institution" (where twice occurring)
                  substitute "AMES Australia".
   42 Minister may object to chief executive officer
      appointment
         (1) In section 3.3.41(1) of the Principal Act--
              (a) for "the adult education institution"
                  substitute "AMES Australia";
              (b) for "the institution" substitute
                  "AMES Australia".
         (2) For section 3.3.41(2) of the Principal Act
             substitute--
            "(2) The Minister may, within 15 days after
                 receiving a notification under subsection (1)
                 and after considering the proposal from
                 AMES Australia, give AMES Australia
                 notice in writing of the Minister's objection
                 to the proposed appointment.".




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         (3) In section 3.3.41(3) of the Principal Act--
              (a) for "An adult education institution"
                  substitute "AMES Australia";
              (b) for "the institution" substitute
                  "AMES Australia".
   43 Staff conditions
             In section 3.3.42 of the Principal Act, for
             "An adult education institution" substitute
             "AMES Australia".
   44 Chief executive officers
         (1) In the heading to section 3.3.43 of the Principal
             Act, for "officers" substitute "officer of AMES
             Australia".
         (2) In section 3.3.43(1) of the Principal Act--
              (a) for "an institution" substitute
                  "AMES Australia";
              (b) for "the institution" substitute
                  "AMES Australia";
              (c) for "governing board of the institution"
                  substitute "Board of AMES Australia".
         (3) In section 3.3.43(2) of the Principal Act--
              (a) for "an institution" substitute
                  "AMES Australia";
              (b) for "governing board" substitute "Board of
                  AMES Australia";
              (c) for "the institution" substitute
                  "AMES Australia".
   45 Decision about registration
             For section 4.3.16(4A)(c) of the Principal Act
             substitute--
             "(c) AMES Australia;".



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   46 Definitions
             In section 4.3.38 of the Principal Act, in the note
             at the foot of the definition of RTO, for
             "adult education institutions" substitute
             "AMES Australia".
   47 Definition of RTO in this Division
             In the note at the foot of section 4.6A.1 of the
             Principal Act, for "adult education institutions"
             substitute "AMES Australia".
   48 Minister's general powers
         (1) In section 5.2.1(2)(e) of the Principal Act, for
             "he or she" substitute "the Minister".
         (2) In section 5.2.1(2)(f) of the Principal Act--
              (a) for "adult education institution" substitute
                  "AMES Australia";
              (b) for "he or she" substitute "the Minister".
   49 Section 5.3A.9 substituted
             For section 5.3A.9 of the Principal Act
             substitute--
        "5.3A.9 Authorisations for use of Victorian
                student numbers or related information
              (1) The Secretary may authorise, in writing, a
                  person, body or class of persons or bodies to
                  access, use or disclose one or more Victorian
                  student numbers or related information.
              (2) An authorisation under subsection (1) may
                  authorise the access, use or disclosure of one
                  or more Victorian student numbers or related
                  information for any or all of the following
                  purposes--
                     (a) monitoring and ensuring student
                         enrolment and attendance;



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                    (b) ensuring education or training providers
                        and students receive appropriate
                        resources;
                     (c) statistical purposes relating to education
                         or training;
                    (d) research purposes relating to education
                        or training;
                     (e) ensuring students' educational records
                         are accurately maintained;
                     (f) as required or authorised by or under
                         law;
                    (g) a purpose prescribed in the regulations;
                    (h) a purpose specified in a Ministerial
                        Order.
              (3) An authorisation under subsection (1) may
                  be subject to conditions.
              (4) The Secretary may revoke an authorisation
                  under subsection (1) at any time.".
   50 New section 5.3A.9A inserted
             After section 5.3A.9 of the Principal Act insert--
      "5.3A.9A Secretary to have regard to guidelines
               when giving or revoking an authorisation
                   The Secretary must have regard to--
                     (a) guidelines issued under section
                         5.3A.10A(2)(a) (if any) before giving
                         an authorisation under section
                         5.3A.9(1); and
                    (b) guidelines issued under section
                        5.3A.10A(2)(c) (if any) before revoking
                        an authorisation under section
                        5.3A.9(4).".




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   51 Section 5.3A.10 substituted
             For section 5.3A.10 of the Principal Act
             substitute--
       "5.3A.10 Authorised users must act in accordance
                with Division 3 of Part 5.3A
              (1) An authorised user must not access, use or
                  disclose the Victorian student number or
                  related information except in accordance
                  with this Division.
                   Penalty: 30 penalty units.
              (2) This section does not apply to an authorised
                  user who is a statutory authority.".
   52 New sections 5.3A.10A, 5.3A.10B and 5.3A.10C
      inserted
             After section 5.3A.10 of the Principal Act
             insert--
     "5.3A.10A Guidelines
              (1) The Secretary must issue guidelines
                  addressing the following matters--
                     (a) the manner in which an authorised user
                         may access, use or disclose the
                         Victorian student number or related
                         information for a purpose specified in
                         section 5.3A.9(2);
                    (b) the storage and destruction of the
                        Victorian student number or related
                        information in the Student Register;
                     (c) any prescribed matter;
                    (d) any matter specified in a Ministerial
                        Order.




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              (2) Without limiting subsection (1), the
                  Secretary may also issue guidelines
                  addressing the following matters--
                     (a) matters to be considered in relation to
                         giving an authorisation under section
                         5.3A.9(1);
                    (b) the types of persons, bodies or classes
                        or persons or bodies who may be
                        authorised by the Secretary under
                        section 5.3A.9(1);
                     (c) matters to be considered in relation to
                         revoking an authorisation under section
                         5.3A.9(4);
                    (d) notification of the making of an
                        authorisation;
                     (e) reporting requirements for authorised
                         users;
                     (f) any other matter determined by the
                         Secretary;
                    (g) any prescribed matter;
                    (h) any matter specified in a Ministerial
                        Order.
              (3) Guidelines issued under this section take
                  effect on the date specified in the guidelines.
              (4) The Secretary must publish any guidelines
                  issued under this section on an appropriate
                  Internet site as soon as possible after the
                  guidelines are issued.
              (5) The Secretary may review guidelines issued
                  under this section at any time and may issue
                  amended guidelines as the Secretary
                  considers necessary.




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              (6) Guidelines issued under this section are not
                  legislative instruments within the meaning of
                  the Subordinate Legislation Act 1994.
      5.3A.10B Authorised users must comply with
               guidelines
              (1) An authorised user must comply with
                  guidelines issued by the Secretary (if any)
                  under section 5.3A.10A that relate to the
                  authorised user.
              (2) An authorised user's failure to comply with
                  guidelines issued by the Secretary under
                  section 5.3A.10A does not constitute an
                  offence against section 5.3A.10(1).
      5.3A.10C Application of Privacy and Data
               Protection Act 2014 to certain authorised
               users
              (1) This section applies to an authorised user
                  that is not--
                     (a) an organisation within the meaning of
                         the Privacy and Data Protection
                         Act 2014; or
                    (b ) subject to the Privacy Act 1988 of the
                         Commonwealth, or that Act as applied
                         as a law of Victoria by any other law.
              (2) The Privacy and Data Protection Act 2014
                  applies to the handling of personal
                  information or unique identifiers by an
                  authorised user under this Division as if the
                  authorised user were an organisation within
                  the meaning of that Act.".




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   53 Prohibition on Secretary's use or disclosure
             For section 5.3A.14 of the Principal Act
             substitute--
       "5.3A.14 Prohibition on Secretary's use or
                disclosure
                   The Secretary must not use, or disclose to
                   any person or body, the Victorian student
                   number allocated to a student or any related
                   information except--
                     (a) to an authorised user in accordance
                         with the authorisation of that authorised
                         user; or
                    (b) as required or authorised by or under
                        law; or
                     (c) in the exercise of any other function,
                         power or duty under this Part.".
   54 New sections 6.1.55, 6.1.56, 6.1.57, 6.1.58, 6.1.59,
      6.1.60 and 6.1.61 inserted
             After section 6.1.54 of the Principal Act insert--
         "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
              (1) 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


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                   office expires or their office becomes vacant
                   (whichever occurs first).
              (2) 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.
              (3) 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.
          6.1.56 Transitional and savings provision--
                 Education Legislation Amendment
                 (Adult and Community Education and
                 Other Matters) Act 2022--membership of
                 Regional Councils
              (1) 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--



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                     (a) the member's term of office expires;
                    (b) the member's office becomes vacant;
                     (c) the member resigns;
                    (d) the member is removed or suspended.
              (2) 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.
              (3) 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.
          6.1.57 Transitional and savings provision--
                 Education Legislation Amendment
                 (Adult and Community Education and
                 Other Matters) Act 2022--Adult
                 Multicultural Education Services
              (1) 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


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                   under section 3.3.26 as if it had been
                   established under that section.
              (2) 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.
          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
              (1) 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--
                     (a) the member's term of office expires;
                    (b) the member's office becomes vacant;
                     (c) the member resigns;
                    (d) the member is removed or suspended.
              (2) 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


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                   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.
              (3) 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.
          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
              (1) 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.
              (2) 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.




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          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
              (1) 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.
              (2) 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.
          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
              (1) 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,




                                   38
Education Legislation Amendment (Adult and Community Education and
                       Other Matters) Act 2022
                          No.       of 2022
                  Part 2--Amendments to the Principal Act



                   on and after the date on which the guidelines
                   take effect.
              (2) 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.".
   55 Schedule 2--General provisions for authorities
         (1) In clause 1 of Schedule 2 to the Principal Act, for
             paragraph (e) of the definition of authority
             substitute--
             "(e) the Board of AMES Australia;".
         (2) In clauses 3(4), 9(2) and 11(2) of Schedule 2 to
             the Principal Act, for "governing board of an adult
             education institution" substitute "Board of AMES
             Australia".
         (3) For clause 11(3) of Schedule 2 to the Principal
             Act substitute--
            "(3) The Board of AMES Australia may, by
                 instrument, delegate to the members of a
                 committee established by the Board, a
                 member of the Board, the chief executive
                 officer of AMES Australia or to any other
                 person employed in the Department or by
                 AMES Australia in the administration or
                 execution of this Act any power of the
                 Board, other than this power of delegation.".
         (4) In clause 13(4) of Schedule 2 to the Principal Act,
             for "governing board of an adult education
             institution" substitute "Board of AMES
             Australia".



                                   39
Education Legislation Amendment (Adult and Community Education and
                       Other Matters) Act 2022
                          No.       of 2022
                  Part 2--Amendments to the Principal Act



         (5) In the heading to clause 13A of Schedule 2 to the
             Principal Act, for "adult education institutions"
             substitute "AMES Australia".
         (6) In clause 13A(2) of Schedule 2 to the Principal
             Act--
              (a) for "An adult education institution"
                  substitute "AMES Australia";
              (b) for "the institution" substitute
                  "AMES Australia".
         (7) In clause 13A(3) and (4) of Schedule 2 to the
             Principal Act--
              (a) for "an adult education institution"
                  substitute "AMES Australia";
              (b) for "the institution" (wherever occurring)
                  substitute "AMES Australia".
         (8) In clause 14(2) of Schedule 2 to the Principal Act,
             for "governing board of an adult education
             institution" substitute "Board of AMES
             Australia".




                                   40
Education Legislation Amendment (Adult and Community Education and
                       Other Matters) Act 2022
                          No.       of 2022
               Part 3--Further amendments to the Principal Act




     Part 3--Further amendments to the
              Principal Act
   56 Definitions
         (1) In section 1.1.3 of the Principal Act--
              (a) at the foot of the definition of
                  post-secondary education institution
                  insert--
                   "Note
                   See section 1.1.3(5).";
              (b) at the foot of the definition of
                  post-secondary education provider insert--
                   "Note
                   See section 1.1.3(5).
                   Examples of a person or body providing or offering to
                   provide post-secondary education include the
                   following--
                   (a) a RTO;
                   (b) a vocational education and training organisation
                       that is registered under section 17 of the National
                       Vocational Education and Training Regulator
                       Act 2011 of the Commonwealth and operating in
                       Victoria.".
         (2) After section 1.1.3(4) of the Principal Act
             insert--
            "(5) For the purposes of the definitions of
                 post-secondary education institution and
                 post-secondary education provider, a
                 post-secondary education institution and a
                 post-secondary education provider may
                 provide education to persons who are of
                 compulsory school age.".




                                    41
Education Legislation Amendment (Adult and Community Education and
                       Other Matters) Act 2022
                          No.       of 2022
               Part 3--Further amendments to the Principal Act



   57 Decision about registration
         (1) After section 4.3.16(2B) of the Principal Act
             insert--
           "(2C) In deciding the application, the Authority
                 may conduct a compliance audit of the
                 applicant and the relevant premises
                 (within the meaning of section 5.8.3B) from
                 which the applicant proposes to operate.".
         (2) In section 4.3.16(3) of the Principal Act--
              (a) in paragraph (bd), for "with; and" substitute
                  "with.";
              (b) paragraph (c) is repealed.
         (3) Section 4.3.16(4) of the Principal Act is repealed.
         (4) In section 4.3.16(5) of the Principal Act, for
             "(2B)," substitute "(2B), (2C),".
         (5) Section 4.3.16(5A) of the Principal Act is
             repealed.
   58 Amending registration on application by registered
      education and training organisation
             In section 4.3.19(3) of the Principal Act--
              (a) in paragraph (b), for "application;"
                  substitute "application.";
              (b) paragraph (c) is repealed.
   59 Schedule 2--General provisions for authorities
             In clause 4(2) of Schedule 2 to the Principal Act,
             for "or the Victorian Registration and
             Qualifications Authority" substitute ", the
             Victorian Registration and Qualifications
             Authority or the Victorian Academy of Teaching
             and Leadership".




                                    42
 Education Legislation Amendment (Adult and Community Education and
                        Other Matters) Act 2022
                           No.       of 2022
Part 4--Amendments to the Child Wellbeing and Safety Act 2005 and the Child Wellbeing and
      Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021



Part 4--Amendments to the Child Wellbeing
and Safety Act 2005 and the Child Wellbeing
      and Safety (Child Safe Standards
 Compliance and Enforcement) Amendment
                  Act 2021
     60 Schedule 3--Entities to which the reportable
        conduct scheme applies on and after commencement
        of Part 5A
                  In item 2 of Schedule 3 to the Child Wellbeing
                  and Safety Act 2005, for "or registered senior
                  secondary qualification" substitute ", a registered
                  senior secondary qualification, an accredited
                  foundation secondary course or a registered
                  foundation secondary qualification".
     61 Section 41BA amended
             (1) In section 43 of the Child Wellbeing and Safety
                 (Child Safe Standards Compliance and
                 Enforcement) Amendment Act 2021, in
                 proposed new section 41BA(3)(iv) of the Child
                 Wellbeing and Safety Act 2005, for 'care.".'
                 substitute "care.".
             (2) In section 43 of the Child Wellbeing and Safety
                 (Child Safe Standards Compliance and
                 Enforcement) Amendment Act 2021, after
                 proposed new section 41BA(3) of the Child
                 Wellbeing and Safety Act 2005 insert--
                   '(4) This section does not apply to the VRQA.".'.
     62 New Divisions 5 to 12 of Part 5.8 inserted
             (1) In section 76 of the Child Wellbeing and Safety
                 (Child Safe Standards Compliance and
                 Enforcement) Amendment Act 2021, in
                 proposed new section 5.8.10(1) of the Education
                 and Training Reform Act 2006--



                                          43
 Education Legislation Amendment (Adult and Community Education and
                        Other Matters) Act 2022
                           No.       of 2022
Part 4--Amendments to the Child Wellbeing and Safety Act 2005 and the Child Wellbeing and
      Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021


                    (a) for "necessary" substitute "relevant";
                    (b) in paragraph (b), for "premises; or"
                        substitute "premises under Division 1A of
                        Part 4.3; or".
             (2) In section 76 of the Child Wellbeing and Safety
                 (Child Safe Standards Compliance and
                 Enforcement) Amendment Act 2021, for
                 proposed new section 5.8.17 of the Education
                 and Training Reform Act 2006 substitute--
             "5.8.17 Application of Division
                          This Division applies to a relevant entity for
                          which the Authority is an integrated sector
                          regulator that--
                           (a) is registered under Division 1 of
                               Part 4.3; or
                           (b) is registered under Division 1A of
                               Part 4.3; or
                           (c) is registered under Division 3 of
                               Part 4.3; or
                           (d) is registered under Division 4 of
                               Part 4.3; or
                           (e) is approved under Part 4.5; or
                            (f) is approved under Part 4.5A.".
             (3) In section 76 of the Child Wellbeing and Safety
                 (Child Safe Standards Compliance and
                 Enforcement) Amendment Act 2021, for
                 proposed new section 5.8.18(1)(a) of the
                 Education and Training Reform Act 2006
                 substitute--
                  "(a) the registration of the relevant entity under
                       Division 1, 1A, 3 or 4 of Part 4.3; or".




                                          44
 Education Legislation Amendment (Adult and Community Education and
                        Other Matters) Act 2022
                           No.       of 2022
Part 4--Amendments to the Child Wellbeing and Safety Act 2005 and the Child Wellbeing and
      Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021


     63 Schedule 1 substituted
                  In section 17 of the Child Wellbeing and Safety
                  (Child Safe Standards Compliance and
                  Enforcement) Amendment Act 2021, in
                  proposed new item 4 of Schedule 1 to the
                  Child Wellbeing and Safety Act 2005, for
                  "or registered senior secondary qualification"
                  substitute ", a registered senior secondary
                  qualification, an accredited foundation secondary
                  course or a registered foundation secondary
                  qualification".




                                          45
Education Legislation Amendment (Adult and Community Education and
                       Other Matters) Act 2022
                          No.       of 2022
                    Part 5--Amendments to other Acts




      Part 5--Amendments to other Acts
   64 What are public entities?
             In section 5(1A)(b) of the Public Administration
             Act 2004, after "AMES" insert "Australia".
   65 Definitions
             In section 67(1) of the Sex Offenders
             Registration Act 2004, in the definition of
             educational institution--
              (a) paragraph (b)(iv) is repealed;
              (b) in paragraph (e) omit "or an adult education
                  institution".
   66 Definitions
             In section 3(1) of the Worker Screening
             Act 2020, in the definition of educational
             institution--
              (a) paragraph (b)(iv) is repealed;
              (b) in paragraph (e) omit "or an adult education
                  institution".




                                 46
Education Legislation Amendment (Adult and Community Education and
                       Other Matters) Act 2022
                          No.       of 2022
                         Part 6--Repeal of this Act




              Part 6--Repeal of this Act
   67 Repeal of this Act
              This Act is repealed on 24 May 2024.
       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).
                     ═════════════




                                   47
      Education Legislation Amendment (Adult and Community Education and
                             Other Matters) Act 2022
                                No.       of 2022
                                         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
       Child Wellbeing and Safety Act 2005, the Child Wellbeing and Safety
       (Child Safe Standards Compliance and Enforcement) Amendment
       Act 2021, the Education and Training Reform Act 2006, the Public
       Administration Act 2004, the Sex Offenders Registration Act 2004
       and the Worker Screening Act 2020 and for other purposes. "




                  By Authority. Government Printer for the State of Victoria.



                                             48


 


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