Thursday, 5 February 2026

 Danny PEARSON (Essendon – Minister for Economic Growth and Jobs, Minister for Finance, Minister for Government Services) (10:14): In accordance with the Charter of Human Rights and Responsibilities Act 2006, I table a statement of compatibility in relation to the Education and Training Reform Amendment (Free TAFE Guarantee) Bill 2026:

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (the Charter), I make this statement of compatibility with respect to the Education and Training Reform Amendment (Free TAFE Guarantee) Bill 2026 (the Bill).

In my opinion, the Bill, as introduced to the Legislative Assembly, is compatible with the human rights protected by the Charter. I have this opinion for the reasons outlined in this statement.

Overview of the Bill

The Bill amends the Education and Training Reform Act 2006 (the Act) to provide for:

• the objectives of the TAFE network;

• the Minister’s powers in relation to the TAFE network;

• a new strategic planning framework for TAFE network providers;

• guaranteed provision of certain courses of vocational education and training (VET) on a tuition-free basis; and

• the TAFE Funding Guarantee, which requires a minimum of 70 percent of VET funding to be paid to TAFE institutes and dual sector universities.

Human rights issues

The human rights protected by the Charter that are relevant to the Bill are:

• The right to equality (section 8);

• The right to privacy (section 13(a));

• The rights of children (section 17(2)); and

• The right to take part in public life (section 18).

The TAFE network

Clause 5 of the Bill, which inserts new Division 1A of Part 3.1 into the Act, provides for the objectives of the TAFE network, which include but are not limited to:

• Increasing equity of access to VET for persons who face social and economic barriers when accessing education and employment opportunities;

• Delivering VET to school students; and

• Providing learning pathways from secondary education to VET and between VET and university education.

Rights of children

Section 17(2) of the Charter provides that every child has the right, without discrimination, to such protection as is in their best interests and is needed by them by reason of being a child.

Given the above objectives, which are directed towards improving educational and employment opportunities for young people, including young people from disadvantaged backgrounds, the Bill promotes the rights of children in so far as it applies to them.

The ‘TAFE network’ is defined in new Division 1A of Part 3.1 as the principal provider of VET in Victoria, and as consisting of TAFE institutes and participating dual sector universities.

New section 3.1.9A provides that the Minister may, by Ministerial Order, declare a dual sector university to be a participating dual sector university in the TAFE network. New sections 3.1.9B and 3.1.9C further provide that, at either the instigation of the dual sector university or the Minister, the Minister may, by Ministerial Order, revoke a declaration that a dual sector university is a participating dual sector university.

While the act of revocation pursuant to these provisions has the potential to engage the section 17(2) Charter right, I consider that any future limitations on this right are likely to be reasonably justified as there needs to be a mechanism in the Act for a dual sector university to stop participating in the TAFE Network, noting there may be circumstances where it is no longer appropriate or suitable for the dual sector university to be part of the Network. There are also safeguards built into proposed new sections 3.1.9B and 3.1.9C, including consultation requirements and a requirement that, as part of the consultation process, the council of the university notify the Minister of the university’s proposed arrangements for leaving the TAFE network. Further, as a public authority for the purposes of the Charter, the Minister will be required to give proper consideration to Charter rights, and to act compatibly with Charter rights, when exercising the power to revoke. These obligations operate as constraints upon any interference with the section 17(2) Charter right.

Accordingly, I am satisfied that these provisions are compatible with the right under section 17(2) of the Charter.

Appointment of Minister’s representative

Clause 12 of the Bill, which amends section 3.1.19 of the Act, expands the Minister’s reserve powers to provide for the appointment of a Minister’s representative in relation to a TAFE institute board. New Division 3 of Part 3.1 of the Act, which is inserted by clause 16, introduces eligibility criteria for appointing a Minister’s representative, based principally on their skills, experience, education, training or occupation. Further, new section 3.1.28(2) provides that persons are ineligible for appointment if they are a board member of a TAFE institute; employed in the Department of Jobs, Skills, Industry and Regions under Part 3 of the Public Administration Act 2004; or a ministerial officer employed under Division 1 of Part 6 of that Act.

Taking part in public life and equality

Section 18(2)(b) of the Charter relevantly provides that every eligible person has the right, and is to have the opportunity, without discrimination, to have access, on general terms of equality, to public office.

Section 8(2) of the Charter provides that every person has the right to enjoy their human rights without discrimination. This aspect of the right prohibits discrimination against a person with respect to their enjoyment of other substantive human rights. Section 8(3) of the Charter provides that every person is entitled to the equal protection of the law without discrimination and has the right to equal and effective protection against discrimination. This component of the right ensures that laws and policies are applied equally and do not have a discriminatory effect.

‘Discrimination’ under the Charter has the same meaning as in the Equal Opportunity Act 2010. Direct discrimination occurs when a person treats, or proposes to treat, another person with an attribute listed in section 6 of that Act unfavourably because of that attribute.

It is not clear whether section 18(2)(b) will be engaged by new section 3.1.28 of the Act. In order for section 18(2)(b) to apply, a person must be an ‘eligible person’. The term ‘eligible person’ is not defined in the Charter. The commentary suggests two possible interpretations: either that persons are ‘eligible’ under section 18(2)(b) if they are eligible under the current law of Victoria, or alternatively that ‘eligibility’ takes on an independent meaning in the context of the Charter that is not confined to the conditions of eligibility under existing law. Under the former construction, section 18(2)(b) would not be engaged where a person does not meet the eligibility criteria for appointment as Minister’s representative under new section 3.1.28 of the Act.

If ‘eligible person’ were to take on an independent meaning in the context of section 18(2) of the Charter, it would mean an adult with the relevant connection to Victoria, such as residency. If this interpretation is adopted, the right to have access to public office without discrimination would apply to a person irrespective of whether that person meets the eligibility criteria in new section 3.1.28 of the Act and section 18(2)(b) may be engaged.

If section 18(2)(b) is engaged by new section 3.1.28, that right will only be limited where the eligibility criteria give rise to ‘discrimination’, meaning discrimination on the basis of an attribute within the meaning of the Equal Opportunity Act 2010 (which includes a person’s profession, trade or occupation). On its face, this new provision may involve unfavourable treatment on the basis of a person not having knowledge of or experience in one of the professions or occupations listed in new section 3.1.28 or not being employed in a particular profession or occupation. New section 3.1.28 may also involve unfavourable treatment in so far as subsection (2) prohibits persons from being appointed if they are a board member of a TAFE institute; employed in the Department of Jobs, Skills, Industry and Regions under Part 3 of the Public Administration Act 2004; or a ministerial officer employed under Division 1 of Part 6 of that Act. For this reason, the eligibility criteria in new section 3.1.28 also engage the right to equality in section 8(3) of the Charter.

However, I consider any limitations on the rights in sections 18(2)(b) or 8(3) to be justified given that the eligibility criteria serve legitimate and important purposes:

• By requiring Minister’s representatives to have the requisite knowledge, skills and experience to perform their functions under new section 3.1.31, new section 3.1.28 facilitates the objectives of the Minister’s power to appoint a Minister’s representative, being to assist the board to efficiently or competently govern the institute; improve the institute’s performance; or comply with its VET funding contract. The provision functions as a protective mechanism to ensure appointees are appropriately qualified in a role that assumes significant responsibilities concerning matters of public importance, being the proper governance of a TAFE institute.

• The exclusions in new section 3.1.28(2) are directed at ensuring that the independence required for the role of Minister’s representative is not undermined and that the appointee is able to provide independent and impartial advice to the Minister or the Secretary in relation to a TAFE Board.

I therefore consider that the Bill is compatible with the rights to participate in public life and equality in sections 18 and 8 of the Charter.

Power to require provision of information

Clause 17 of the Bill, which inserts new section 5.2.1(2)(g) into the Act, empowers the Minister to require a TAFE institute to provide to the Minister any information the Minister may reasonably require for the effective monitoring, development and planning of education and training in or related to Victoria, including in relation to the commercial arrangements and activities of the TAFE institute and any other third party contract that relates to the TAFE institute.

Right to privacy

Section 13(a) of the Charter provides that a person has the right not to have their privacy unlawfully or arbitrarily interfered with. An interference will be lawful if it is permitted by a law which is precise and appropriately circumscribed, and will be arbitrary only if it is capricious, unpredictable, unjust or unreasonable, in the sense of being disproportionate to the legitimate aim sought.

To the extent that information collected under these provisions includes personal information, the right to privacy will be engaged. However, any impacts on the right to privacy will not be unlawful or arbitrary. The collection of information is authorised under the legislation and is for the purpose of clarifying that TAFE institutes must provide information if required by the Minister, particularly in the context of the proposed provisions creating a stronger oversight role for the Minister and Department in relation to TAFE institutes’ financial management, for the effective monitoring, development and planning of education and training in Victoria. Further, it is intended that the information collected by the Minister will be only used for the effective monitoring, development and planning of education and training in Victoria. It is not intended that the information would otherwise be disclosed or shared by the Minister. The Minister must also act compatibly with the right to privacy and give proper consideration to privacy when determining the scope of an information request made pursuant to these provisions. I am therefore of the view that the section 13 Charter right is not limited.

Free TAFE Guarantee

The Bill inserts new section 3.1.1A into the Principal Act, which enshrines the Free TAFE Guarantee. New section 3.1.1A requires the Minister to determine in each year a list of courses of vocational education and training that are to be provided by TAFE institutes and dual sector universities on a tuition-free basis to vocational education and training students. The Minister must determine a class of vocational education and training student who is eligible to undertake courses on this list. The provision recognises the importance of Free TAFE as a pillar of Victoria’s education and training sector and protects its continuation in the future for the benefit of young people, including young people from disadvantaged backgrounds. As such, in my view, new section 3.1.1A promotes the section 8 and 17(2) Charter rights.

TAFE Funding Guarantee

Clause 21 of the Bill inserts new section 3.1.2A into the Principal Act. New section 3.1.2A legislates the TAFE Funding Guarantee, pursuant to which at least 70% of the total amount of training and skills funding paid by the Secretary to TAFE institutes, dual sector universities and other RTOs in a target year must be paid to TAFE institutes and dual sector universities. This provision legislates funding arrangements which already exist. To the extent it could be said to engage rights, this provision promotes the right to equality and the rights of children in so far as it applies to them.

Conclusion

I am therefore of the view that the Bill is compatible with the Charter.

The Hon. Danny Pearson MP

Minister for Economic Growth and Jobs

 Danny PEARSON (Essendon – Minister for Economic Growth and Jobs, Minister for Finance, Minister for Government Services) (10:14): I move:

That this bill be now read a second time.

I ask that my second-reading speech be incorporated into Hansard.

Incorporated speech as follows:

Today, I introduce an amendment to the Education and Training Reform Act 2006 which re-affirms the Government’s commitment to put TAFE at the heart of the VET sector, and enshrines in legislation Victoria’s nation-leading Free TAFE program. These amendments back up the significant investment made to date to rebuild TAFE and unlock the value of the TAFE Network to deliver Victoria’s ambitious growth agenda.

The Education and Training Reform Amendment (Free TAFE Guarantee) Bill 2026 (the Bill) enshrines the value and purpose of Victoria’s public TAFE Network, ensures the continuation of this Government’s flagship Free TAFE Program, and guarantees a proportion of Training and Skills Funding to TAFE so that it can continue to be effective in its public service, efficient in its delivery and confident in its future.

We have invested over $16 billion new and base funding into our TAFE and training system since 2014; introduced and expanded access to Free TAFE, built world-class TAFE campuses and facilities and established a more integrated, responsive and industry-aligned training system.

We have put in place the architecture to meet skills demand head on. This includes the establishment of the Victorian Skills Authority, Apprenticeships Victoria and a TAFE Network approach supported by the Office of TAFE Coordination and Delivery.

Our reforms to date have seen the TAFE Network operate more efficiently and collaboratively to deliver services that draw on the full capability of the Network, maximising value for money and student outcomes.

This legislative reform is the next step to ensure the gains that have been achieved are protected.

Victoria is the birthplace of Free TAFE and this legislative reform will ensure that Free TAFE is here to stay.

Victorians have said a resounding yes to Free TAFE at the State elections in 2018 and 2022 and again in the Federal elections in 2022 and 2025.

Free TAFE is changing lives by removing the financial barrier to training for an in-demand, reliable and well-paying job.

The amendments in this Bill are key to securing the future of TAFE at the heart of our training system.

Bill provisions

Free TAFE Guarantee

Firstly, this Bill will enshrine in legislation Victoria’s nation-leading Free TAFE program, by establishing a guarantee to Free TAFE for eligible learners.

This legislation enshrines a lasting requirement for Government to offer a list of Free TAFE courses each year that are to be offered by TAFEs and dual sector universities to eligible students free of tuition fees.

The Free TAFE Guarantee recognises the importance of Free TAFE as a pillar of Victoria’s education and training sector and cements its legacy into the future.

Free TAFE has been a game changer since its introduction in 2019, providing Victorians with access to training, without tuition fees, and delivering real skills for learners in courses aligned with government priorities and skills demand to support economic growth and productivity.

Since Free TAFE’s establishment, more than 225,300 learners have taken up a Free TAFE course, saving Victorian learners more than $727 million in tuition fees.

The day-to-day operation of Free TAFE, including student eligibility and numbers of available training places will continue to be managed by the Victorian Government.

TAFE Funding Guarantee

Secondly, the Bill ensures the continued sustainability and centrality of TAFE at the centre of our high quality skills and training system by establishing the TAFE Funding Guarantee.

This Bill will amend the Act to ensure that a baseline of 70 per cent of Training and Skills Funding is delivered to TAFEs and dual sector universities, giving the sector the security it needs into the future.

The inclusion of the TAFE Funding Guarantee fulfils a commitment made by this Government in 2022 to ensure that TAFE is guaranteed a minimum of 70% of VET funding.

TAFE Network

Thirdly, the Bill creates an enduring legacy for public VET provision in Victoria by enshrining the value, role and purpose of the TAFE Network in the Act. The Bill formally recognises Victoria’s unique TAFE Network as comprising TAFE institutes and participating dual sector universities.

This Bill carves out a role for participating dual sector universities to be part of the Network while preserving their unique and independent governing arrangements.

Working as a single, strengthened Network of public VET providers we can harness the collective expertise, scale and reach of our institutes to realise efficiencies, reduce sector fragmentation, and enable shared resource solutions between TAFEs to create a training system that is responsive to the demands of our growing economy.

These changes are not just symbolic. They will provide the clarity and direction our TAFE leaders have been asking for, aligned to government’s strategic priorities.

The Bill establishes clear, common objectives for the TAFE Network to ensure better public value by leveraging and replicating the systems’ strengths and establishing shared systems and processes – without losing local and regional connections to communities, employers and industry.

In particular, the Bill will reaffirm TAFE’s role in providing access to high quality and relevant training and skills for all Victorians, informed by the Victorian Skills Plan as well as its role in supporting innovation and applied research in priority and emerging skills areas.

The Bill also articulates TAFEs’ central role in supporting lifelong learning for Victorians and its critical contribution to equity and equality, including support for students facing barriers to education and employment.

Strategic planning framework

Fourth, changes will enable Government to more clearly set the strategic direction and priorities for the Network as a whole by establishing a new strategic planning framework through the TAFE Network Statement of Priorities.

The Statement of Priorities improves on the current legislative framework by better linking government priorities for the Network with individual institute strategic and operational responses to drive Network alignment, supporting TAFEs to achieve greater impact, outcomes and efficiency through Network alignment, not competition.

Direct and coordinate

Fifth, this Bill supports Government to direct the TAFE Network as a whole to achieve greater impact, outcomes and efficiency.

Through expanded Ministerial guidelines we will be able to bring greater consistency and alignment to Network services, resources and activities.

TAFE Network guidelines will support Government to deliver on its response to the Independent Review of the Victorian Public Service to mandate and accelerate shared service reforms over the coming years.

They will also be used to support Victoria’s planning of training delivery. Guidelines will set the direction for how the TAFE Network aligns its service delivery to Government priorities as outlined in the Victorian Skills Plan, to create a Victorian TAFE Network offering that efficiently meets the skills needs of Victorians and their employers and communities across the state.

Guidelines will be mandatory for TAFE institutes and participating dual sector universities will be required to consider guidelines. It is not intended that guidelines limit the power of Vice Chancellors or dual sector university Councils or otherwise contradict university Acts.

Greater consistency and collaboration across the TAFE Network will ensure that every Victorian – no matter where they live – has access to consistent, high-quality training that aligns with industry needs.

The Bill also strengthens financial oversight to enable Ministerial approval of TAFE institutes’ annual budgets to send a strong message to TAFE leaders regarding our new financial sustainability expectations.

The Bill enables more proactive measures to support improved TAFE institute board performance and accountability – for example, where a TAFE Board has failed to comply with guidelines. Here we have drawn from the approach the Minister for Health can take under the Health Services Act 1988, to develop an option which will enable the Minister to appoint a representative to a TAFE Board to assist them to improve the institute’s performance.

Other amendments

Finally, the Bill also makes some other minor and technical amendments to the Act. For example, we are changing the maximum number of Directors on a TAFE Board from 15 to 12. This approach balances the need for flexibility to bring on additional expertise if required, allows for consistency across TAFE Boards and preserves good governance and public sector management outcomes by limiting the overall size of TAFE Boards.

Consultation

This Bill is the direct result of extensive stakeholder feedback and meaningful consultation with TAFE institutes, dual sector universities, unions, students, and industry. We have listened carefully to those who understand the challenges and opportunities within our training system, and their insights have shaped the reforms we are introducing today.

This Bill will strengthen Victoria’s TAFE system, ensuring it remains a leader in skills and training for generations to come. By improving coordination, enhancing quality, and making TAFE more responsive to industry needs, we are creating better opportunities for students and a stronger workforce for Victoria. These reforms mean more Victorians will have access to high-quality, job-ready training – supporting businesses, driving economic growth, and securing the future of skills and education in our state.

I commend the Bill to the house.

 Bridget VALLENCE (Evelyn) (10:14): I move:

That the debate be now adjourned.

Motion agreed to and debate adjourned.

Ordered that debate be adjourned for two weeks. Debate adjourned until Thursday 19 February.