Thursday, 2 April 2026

 Ben CARROLL (Niddrie – Minister for Education, Minister for WorkSafe and the TAC) (10:19): 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 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 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 base my opinion on the reasons outlined in this statement.

Overview of the Bill

The main purposes of this Bill are to amend the Education and Training Reform Act 2006 (Principal Act):

a) to strengthen Aboriginal recognition and self-determination across the early childhood education, school education, vocational education and training and adult, community and further education system;

b) to provide for the collection and disclosure of information about an applicant for registration under Part 2.6 of that Act;

c) in relation to interim suspensions under Part 2.6 of that Act;

d) in relation to the Register of Registered Teachers (Registration Register) and the Register of Disciplinary Action (Discipline Register);

e) to impose a penalty for certain false representations concerning former registration as a teacher or permission to teach;

f) in relation to the Student Register under Part 5.3A of that Act;

g) in relation to the appointment of the Chairperson of the Council of the Victorian Institute of Teaching (VIT);

h) to remove the requirement for an investigator conducting a health assessment of a registered teacher to report to the VIT in certain circumstances;

i) to require schools to develop policies to restrict student use of personal electronic devices during school hours; and

j) to make other minor and consequential amendments to that Act.

The Bill also amends the Education and Care Services National Law Act 2010 to make a statue law revision amendment.

Human Rights Issues

The following rights are relevant to the Bill:

• Right to equality and protection from discrimination (section 8)

• Right to privacy (section 13(a))

• Right to freedom of expression (section 15(2))

• Protection of families and children (section 17)

• Cultural rights of Aboriginal persons (section 19);

• Right to property (section 20); and

• Right to a fair hearing (section 24(1))

Amendments to strengthen Aboriginal recognition and self-determination

The Bill makes a number of amendments to the Principal Act that directly relate to Aboriginal people and are designed to strengthen recognition and self-determination across the early childhood education, school education, vocational education and training and adult, community and further education system:

•   Definition of ‘parent’: Clause 4 amends the definition of ‘parent’ to expressly include persons with parental responsibility for a child according to Aboriginal Lore and law. While the current definition of ‘parent’ is broad and inclusive in nature and arguably already captures family structures under Aboriginal kinship systems, this amendment puts this beyond doubt;

•   Statement of recognition: Clause 5 inserts a new Part 1.1A. This Part makes provision for a statement of recognition which recognise the unique status and rights of Aboriginal people, acknowledge past and ongoing injustices experienced by Aboriginal people in Victoria, and the aspiration of Aboriginal people to have increased autonomy and decision-making through the Treaty process. This is similar to other recognition provisions in other Victorian legislation and is primarily symbolic in nature, noting the operation of section 1.1A.3 which limits the legal consequences of the Part;

•   Decision-making principles: Clause 5 also inserts Part 1.1B. This Part includes section 1.1B.1, which requires persons employed or engaged in the education and training system to have regard to and apply new principles to strengthen Aboriginal recognition, self-determination and outcomes in the education and training system when making decisions or actions in relation to the provision or administration of education or training. The principles are intended to operate in addition to the existing principles in Part 1.2 of the Principal Act, and a failure to have regard to the principles is not intended to result in legal consequences;

•   Consultation duty: Clause 19 inserts section 5.3.2A, which requires the Secretary to the Department of Education or Secretary to Department of Jobs, Skills, Industry and Regions (as applicable) to consult with representatives of the Aboriginal community when developing or implementing relevant strategies, policies or system-level educational or targets that impact or could impact, or otherwise relate to, the education outcomes of Aboriginal people;

•   Aboriginal cultural understanding professional development training: Clause 30 inserts new section 5.3.2B, which requires the Secretary to the Department of Education and the Secretary to the Department of Jobs, Skills, Industry and Regions to make professional development training on available to a range of persons and institutions in the education and training system. Professional development training includes training in the areas of Aboriginal histories, cultures and perspectives; working with Aboriginal communities; supporting the learning and wellbeing needs of Aboriginal people; and supporting Aboriginal self-determination and cultural rights;

•   Enshrining that Aboriginal histories, cultures and perspectives form part of the learning area specified in Schedule 1 as a whole: Clause 5 amends the Principal Act to provide that Aboriginal histories, cultures (including languages) and perspectives form part of the learning areas specified in Schedule 1 as a whole. Clause 24 inserts a note at the end of the list of learning areas noting this new section inserted by clause 5. This confirms the current practice that Aboriginal histories, cultures (including languages) and perspectives form a part of the Victorian curriculum and further recognises and elevates its significance as a part of the Victorian curriculum for all registered schools.

These amendments are a direct response to the hearings, findings and recommendations of the Yoorrook Justice Commission (Commission) in relation to First Peoples’ experiences in Victoria’s education and training system as detailed in Yoorrook for Transformation: Third Interim Report (Volume 3). The Commission concluded that First Peoples children are being failed by the Victorian schooling system, and that current day educational inequality is part of a pattern of inequality that has been a feature of life since colonisation. To address this inequity, the Commission recommended that the Principal Act be amended to enable a more inclusive and culturally safe education system and to ensure First Peoples’ cultural rights are taken seriously across all schools and early childhood services.

These amendments together promote the rights to equality and protection from discrimination, the rights to protection of families and children and cultural rights of Aboriginal persons.

Right to equality and protection from discrimination

Section 8(2) of the Charter provides that every person has the right to enjoy their human rights without discrimination. Section 8(3) of the Charter relevantly provides that every person is entitled to equal protection of the law without discrimination and has the right to equal and effective protection against discrimination. ‘Discrimination’ under the Charter is defined by reference to the definition in the Equal Opportunity Act 2010 on the basis of an attribute in section 6 of that Act, which relevantly includes race. The purpose of this component of the right to equality is to ensure that all laws and policies are applied equally, and do not have a discriminatory effect.

The measures outlined above are directed to ensuring Aboriginal peoples’ equal enjoyment of human rights, including the rights of families and children and cultural rights (as discussed further below), and to overcome discrimination, working to ensure that Aboriginal people can have access to the same educational and training opportunities as other Victorians.

In particular, the amendments to the definition of ‘parent’ expressly recognise Aboriginal kinship relationships, and to that extent, mitigate against discrimination on the basis of a person’s Aboriginal identity and cultural practice and ensure the equal treatment of parents in Aboriginal families as compared to other Victorian parents under the provisions of the Principal Act. The principles in new section 1.1B.1, inserted by clause 5, also work to provide protection from discrimination by requiring decision-makers to consider and take steps to support the distinct cultural rights of Aboriginal people in education and overcome racism and educational inequalities experienced by Aboriginal people.

Protection of families and children

Section 17(1) of the Charter provides that families are the fundamental group unit of society and are entitled to be protected by society and the State. The right is principally concerned with unity of family. ‘Family’ in this context has a broad meaning that encompasses the diversity of families living within Victoria, not only those recognised by formal marriage or cohabitation. The right in s 17(1) is related to s 13(a) of the Charter, which relevantly provides that every person has the right not to be subject to unlawful or arbitrary interferences with their family.

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. This right recognises the special vulnerability of children, and requires the state to adopt social, cultural and economic measures to protect children to foster their development and education. The scope of the right is informed by the United Nations Convention on the Rights of the Child, which requires that in all actions concerning children, the best interests of the child shall be the primary consideration.

The above amendments together work to improve cultural safety, provide greater recognition of Aboriginal perspectives and increase self-determination, with the aim to minimise barriers to Aboriginal families and students in the education and training system and support access for Aboriginal people to education and training opportunities and improved outcomes. These measures promote the rights of the child, fostering not just the development and education of Aboriginal children, but also providing greater understanding for all Victorian children of Aboriginal histories, cultures and perspectives across all learning areas.

The amendments to the definition of ‘parent’ which expressly recognise Aboriginal kinship relationships also promote the protection of Aboriginal families under section 17(1) of the Charter.

Cultural rights

Section 19(1) of the Charter provides that all persons with a particular cultural, religious, racial or linguistic background must not be denied the right, in community with other persons of that background, to enjoy their culture, declare and practise their religion, and use their language. Section 19(2) of the Charter further provides specific protection for Aboriginal persons, providing that they must not be denied the right, with other members of their community, to enjoy their identity and culture, maintain and use their language, maintain kinship ties, and maintain their distinct spiritual, material and economic relationship with the land and waters and other resources with which they have a connection under traditional laws and customs.

The rights in s 19 are intended to protect and promote the cultural, religious, racial and linguistic diversity of Victorian society. The rights are concerned not only with the preservation of the cultural, religious and linguistic identity of particular cultural groups, but also with their continued development.

The Bill advances a number of distinct cultural rights, including by the express recognition of cultural rights under the new principles and in the Statement of Recognition; recognising and embedding Aboriginal histories, cultures (including languages) and perspectives in education and training under the new principles, through the consultation duty, by imposing a duty to provide Aboriginal cultural understanding professional development training and recognising familial institutions under Aboriginal Lore and law in the amendment to the definition of ‘parent’.

Collection and disclosure of information by the VIT in relation to an applicant

Clause 8 of the Bill amends section 2.6.21B of the Principal Act which deals with the disclosure and collection of information by the VIT. Currently, sections 2.6.21B(1), (2) and (3) of the Principal Act allows the VIT to collect and disclose information to various entities for specified purposes in respect of a registered teacher or former registered teacher, or a provider of a program, unit or course of study. Relevant bodies include any State, Territory or Commonwealth Government department or public authority, any municipal council, or a former or current employer of a registered teacher. Clause 8 expands the operation of this section to allow the VIT to collect and disclose information to these bodies in relation to an applicant for registration under sections 2.6.7 and 2.6.12A and an applicant for permission to teach under section 2.6.13.

The relevant purposes for which information can be disclosed or collected in relation to an applicant are those already applying under section 2.6.21B(4), being where the disclosure or collection is reasonably necessary for, or to enable, the VIT to perform its functions or duties, or exercise its powers, or reasonably necessary for a number of purposes including regulating and registering teachers and early childhood teachers and promoting the safety and wellbeing of a child or group of children.

Section 13(a) of the Charter provides that a person has the right not to have their privacy unlawfully or arbitrarily interfered with. The right to privacy has been interpreted broadly by the courts to include protection of a person’s personal information, their physical and psychological integrity, their individual and social identity and their autonomy and inherent dignity. 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.

This clause interferes with the right to privacy by enabling the sharing of information, which may include sensitive personal information about applicants, such as health information or

information relating to criminal records. However, any interference is lawful, as it is authorised under legislation. Further, interferences with privacy are not arbitrary, as the clause is appropriately tailored to achieve the legitimate purpose of ensuring the VIT has all relevant information when assessing applications, ultimately protecting vulnerable persons such as children. Without this amendment, the VIT may have to rely solely on an applicant’s account of the circumstances surrounding offending or professional misconduct, hampering VIT’s ability to properly assess any risk to the safety and wellbeing of children which may arise by approving an application.

Further, the existing provision includes a number of safeguards to ensure interferences with privacy do not go beyond what is necessary to achieve that purpose. In particular, where information is disclosed to an employer or former employer, that entity must collect, store and use the information in a way that protects the privacy of the persons to whom the information relates and must not use the information disclosed other than for the purpose for which it was disclosed. Further, where a receiving body is subject to any secrecy or confidentiality requirements under other laws in the receiving body’s home jurisdiction, these laws would continue to apply, which will ensure that information is managed appropriately once disclosed to the body by the VIT. I therefore consider that this provision does not limit the right to privacy.

Particulars recorded on the Registration Register

Clause 9 of the Bill amends section 2.6.24 of the Principal Act which establishes the Registration Register and sets out the particulars that the Register must contain in relation to each registered teacher and each registration held by the teacher. Clause 9(2) expands the types of disciplinary actions which need to be recorded on the Registration Register to include the existence of any condition, restriction and limitation imposed on a teacher’s registration and whether the teacher has been subject to any caution or reprimand. The particulars of such disciplinary action (subject to any exclusions, for example under sections 2.6.54D or 2.6.54E) are already required by section 2.6.54C of the Principal Act to be included on the Discipline Register.

As outlined above, the right to privacy under section 13(a) of the Charter is broad in its scope and extends to provide protection in relation to collection, storage, publication or use of personal information. This right will only be limited where an interference with privacy is unlawful and/or arbitrary.

Expanding the range of actions taken in relation to a teacher which must now be recorded on the Registration Register may result in the disclosure of personal information and so engages the right to privacy. However, given this information in most instances is already recorded (and set out in more detail) on the Discipline Register, any further interference with the right to privacy imposed by clause 9(2) is likely to be minimal. In any event, I consider the interference will be neither unlawful nor arbitrary. The details of what additional information has to be included on the Registration Register is clearly set out in clause 9(2) and will be published according to legislative requirements. The expansion of the information to be included on the Register serves a legitimate purpose, that is the proper regulation of the teaching profession, the maintenance of high teaching standards and the protection of child safety and wellbeing. A risk has been identified that the additional information captured by clause 9(2) may be missed by relevant persons, for example, prospective employers, if they fail to check both the Registration Register and Discipline Register. As such, this amendment ensures all relevant persons are aware of every condition, limitation or restriction imposed on a teacher’s registration and can take any action in compliance with these conditions or to mitigate any risk to child safety and wellbeing that may arise from this information. Further, it is noted that the disclosure of information in relation to professional conduct is consistent with the reasonable expectations of persons who are engaging within a regulated industry where special duties and responsibilities attach. For these reasons, I consider the disclosure of information pursuant to section 2.6.24 as amended by clause 9(2) will be lawful and not capricious, unjust or unreasonable and so will not limit the right to privacy.

Removal of particulars from the Registration and Discipline Registers

Clause 14 amends section 2.6.54E to provide the VIT with the discretion to decline to record or remove particulars from the Discipline Register relating to an interim suspension imposed on a registered teacher where the grounds on which the suspension was imposed relate to the teacher’s impairment and the VIT is satisfied that it is either not appropriate or in the public interest for the particulars to be recorded on the Discipline Register. Clause 9(3) provides that the VIT must also remove from, or decline to record, the Registration Register relating any particulars which must not be recorded on the Discipline Register under section 2.6.54D, which include any particulars the Institute has determined should not be recorded on Discipline Register under new section 2.6.54E. These clauses promotes the right to protection from discrimination under section 8 and right to privacy under section 13(a) of the Charter as it allows for the non-publication of information that has the potential to unfairly and adversely affect a registered teacher whose behaviour of concern is related to an impairment, including one that is based on a medical condition, outside of the control of the registered teacher.

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. This right recognises the special vulnerability of children, and requires the state to adopt social, cultural and economic measures to protect children to foster their development and education.

These clauses may be seen to remove measures which provides protection for the welfare of children and so engage the rights of the child under section 17(2) of the Charter. However, I do not consider this provision limits the right. The VIT is required to consider the circumstances of each matter and can decide to not record or remove particulars under new section 2.6.54(3) and (4) only where it is not appropriate or it is not in the public interest to record such particulars. This allows for the appropriate management of any additional (albeit minimal) risk which may be caused by the non-publication of particulars. As such, I do not consider the rights of the child are limited by this clause.

Review of interim suspension of teachers and early childhood teachers

Clauses 11 and 12 amend Division 8A of the Principal Act which provides for the interim suspension of registered teachers and early childhood teachers. Section 2.6.28 of the Principal Act allows the VIT to summarily suspend any and all registrations held by a person if they reasonably believe that the person poses an unacceptable risk of harm to children and the suspension is necessary to protect children. Pursuant to section 2.6.28E(1) the VIT is currently required to review the basis for the suspension within 30 days after the suspension takes effect (initial review) and again within 30 days, and successively thereafter, in order to determine whether or not to continue that suspension (subsequent review). Clause 11 amends section 2.6.28E(1) such that subsequent reviews will now be required to be undertaken every 90 days. Clause 12 makes more explicit an obligation on the VIT to consider information relevant to an interim suspension as soon as practicable after becoming aware of such information.

Section 24(1) of the Charter relevantly provides that a party to a civil proceeding has the right to have the proceeding decided by a competent, independent and impartial court or tribunal after a fair and public hearing. The concept of a ‘civil proceeding’ is not limited to judicial decision makers but may encompass the decision-making procedures of many types of tribunals, boards and other administrative decision-makers with the power to determine private rights and interests.

Section 2.6.28, by allowing for the VIT to suspend a person’s registration without first allowing for them to be heard on the decision, imposes a limit on the right to a fair hearing. As outlined in the statement of compatibility to the legislation which inserted Division 8A of Part 2.6 into the Principal Act, that being the Education and Training Reform Amendment (Victorian Institute of Teaching) Act 2015, the purpose of section 2.6.28 is to ensure that the VIT has the power to take immediate action to protect children from potentially serious harm. That statement of compatibility also noted that the requirement to conduct reviews under section 2.6.28E(1) provides procedural protections to minimise the impact on an individual teacher’s fair hearing right by affording them the opportunity to be heard shortly after the initial decision is made and on a regular basis thereafter. Since Division 8A came into operation, the VIT has found that most reviews under section 2.6.28E(1) result in a continuation of the interim suspension, as 30 days is rarely sufficient to allow for the provision of information which would cause the VIT to either cancel the interim suspension or suspend the registration of the teacher following a formal investigation and hearing under section 2.6.27. In light of this, the amendments provided for in clause 11 will have minimal impact, as the first review after an interim suspension will still need to be conducted after 30 days. To the extent the subsequent review occurs less frequently, I consider that the more explicit obligation in clause 12 provides additional and sufficient protection to ensure that any new relevant information will be considered in a timely manner after receipt. For these reasons, I consider that there remains adequate protections to ensure there is not an unjustifiable limitation of the fair hearing right.

Requirement to develop a policy restricting the use of personal electronic devices during school hours

Part 3 of the Bill amends the Principal Act to introduce a requirement that all schools must develop a policy that restricts student use of personal electronic devices during school hours and contains any matters required to be included by a Ministerial Order. Personal electronic devices include mobile phones as well as audio devices, smartwatches and other wearable devices. The details of this policy are to be developed by each school as adapted and appropriate to their local context, subject to the requirements of a Ministerial Order.

The purpose of this amendment is to protect the wellbeing and safety of children from cyber bullying and other misuse of personal electronic devices during school hours, as well as to promote effective learning. A 2021 independent evaluation of a ministerial policy in relation to the use of mobile phones during school hours at Government schools found that this policy has resulted in:

a. An increased focus on learning;

b. Increased student socialisation and physical activity during breaks;

c. Fewer incidents of cyberbullying during school hours;

d. Fewer critical incidents involving mobile phones during school hours (e.g. filming flights, sexting)

This Bill will promote the rights of the child under s 17(2) of the Charter by ensuring that all schools, not just Government schools, have policies restricting the use of personal electronic devices and are able to benefit from these improvements in student wellbeing and learning outcomes.

The precise impacts on rights will differ from school to school, depending on their local circumstances and the policy implemented. However, at a high level, the requirement to develop such a policy may impact on the right to privacy, expression, property, as well as the rights of the child, as identified above.

Right to privacy

The right to privacy under section 13(a) of the Charter is broad in its scope but will only be limited where an interference with privacy is unlawful and/or arbitrary. The regulation of devices which can capture, store or transmit images or other information may both promote and limit the right to privacy. Restricting the use of devices may protect a person’s control over their image and informational privacy, for example, by reducing the instances of non-consensual recording and sending of photos or video. On the other hand, reducing access to a device may reduce a person’s ability to exercise their autonomy and capacity to experience a private life and maintain relationships through digital communication while at school. However, I consider that any interferences with the right to privacy are not unlawful or arbitrary.

Any policy will be required by and be lawfully authorised by this Bill with each policy providing clear and accessible guidance by which individuals are able to regulate their behaviour. In my view, any interference is proportionate to the legitimate aims identified above. In particular, it is noted that any limitation on the use of personal devices is confined to during school hours and the policy of a school can make allowances for appropriate phone use having regard to the circumstances of the school and individual students, for example, in the case of a family emergency. As such, I do not consider Part 3 will limit the right to privacy.

Freedom of expression

Section 15(2) of the Charter provides that every person has the right to freedom of expression, which includes the freedom to seek, receive and impart information and ideas of all kinds.

However, section 15(3) provides that special duties and responsibilities attach to this right, which may be subject to lawful restrictions reasonably necessary to respect the rights and reputations of others, or for the protection of national security, public order, public health or public morality.

Restricting use of a personal device is relevant to freedom of expression, which encompasses the freedom to impart information of all kinds, including by way of images and using a personal device for communication. For the reasons explained above, I consider that the requirement to develop a policy which restricts the use of personal electronic devices is reasonably necessary to protect children’s rights under section 17(2). For this reason, I consider Part 3 of this Bill falls within the exception in section 15(3) and so does not impose a limit on the freedom of expression under section 15(2).

Right to property

Section 20 of the Charter provides that a person must not be deprived of their property other than in accordance with law. This right requires that powers which authorise the deprivation of property are conferred by legislation or common law, are confined and structured rather than unclear, are accessible to the public, and are formulated precisely.

Restricting people from using, controlling or being in possession of their personal devices during school hours, engages the right to property. For the reasons noted above in relation to the right to privacy, I consider that this Bill provides the legal authorisation for the development of a policy and is in proportion to the important child safety and wellbeing aims pursued by Part 3. Accordingly, I do not consider this Part limits the right to property.

Particulars recorded on the Student Register

Clause 21 amends 5.3A.7 of the Principal Act which establishes the Student Register and requires that certain information relating to any student allocated with a Victorian student number must be included on this register. Clause 21 requires that the country of birth and any other prescribed information must now be included in the Student Register. Clause 20 also amends 5.3A.4(1) to require that this information must be disclosed to the Secretary (who then includes this information on the Student Register).

The right to privacy under section 13(a) of the Charter is broad in its scope and extends to provide protection in relation to personal information. This right will only be limited where an interference with privacy is unlawful and/or arbitrary.

The disclosure and inclusion on the Student Register of a student’s country of birth and any other prescribed information (to the extent it is personal information), engages the right to privacy. However, I consider that as the provision and use of the information is lawful and not arbitrary, there is no limit on this right.

The information on the Student Register is held for the purpose of monitoring student movement across the education and training sectors and provides key data which is used for a range of policy, evaluation and research purposes. Collecting and recording country of birth data is crucial to ensure Victoria is able to comply with its commitment under the national

Better and Fairer Schools Agreement 2025-2034 to collect consistent student data that will enable the implementation of the national Unique Student Identifier (USI) program. Under the USI Program, a unique code will be assigned to every student in Australia. It is designed to create a consistent and lifelong education record for each student, enabling seamless tracking and management of a student’s data and learning journey across different education sectors and institutions. This will ensure that a student’s place of learning has their full educational history which will support the institution to meet the student’s developmental needs and achieve good learning outcomes. This is particularly useful for students as they transfer across different stages of the education system and/or between States and Territories. Allowing for further information to be prescribed in the future will allow Victoria to comply with any changes to the information required to be collected under USI program.

The collection, maintenance and use of this data is authorised under the Principal Act and is subject to numerous safeguards including restricting disclosure to the enumerated purposes set out in section 5.3A.9, the offence provision in section 5.3A.10, as well as the protections provided for in the Privacy Data Protection Act 2014 and the Secretary’s Guidelines on the Victorian Student Number. The express and clear authorisation for the disclosure of this information for the limited purposes set out in section 5.3A.9 combined with the identified safeguards demonstrate any additional interference on the right to privacy caused by clauses 20 and 21 is appropriately circumscribed and in proportion to the legitimate purposes identified above. It is noted that the prescribing of any further information will be subject to a further assessment of the impact on the right to privacy through a Human Rights Certificate. Accordingly, the right to privacy is not limited by clauses 20 and 21.

The Hon. Ben Carroll MP

Minister for Education

 Ben CARROLL (Niddrie – Minister for Education, Minister for WorkSafe and the TAC) (10:19): 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:

The Bill before you today proposes a package of important amendments to the Education and Training Reform Act 2006 (Act). The key features of the Bill include:

• long overdue recognition of First Nations people – including provisions to ensure the Act effectively supports our system to become more inclusive and responsive to the needs of First Nations learners;

• measures to bolster student learning, engagement and mental health by restricting personal electronic devices in our schools; and

• important updates to improve the operation of the teacher registration framework and the Victorian Student Register.

Aboriginal recognition and self-determination

Let me first talk about what we’re aiming to achieve through amendments to ensure the Act is best serving First Nations learners.

In Victoria we are immensely proud of our progress over the last decade working together with First Nations people and communities – progress that sees Victoria now leading the nation in Aboriginal affairs though a deep commitment to genuine partnership, self-determination, truth and Treaty.

But these concepts are not reflected in the legislative framework which governs our early childhood education, school education and vocational education and training systems. In fact, the Act does not currently make one single reference to First Nations people or learners.

In June 2024, I had the privilege of appearing before the Yoorrook Justice Commission and was challenged by the Commissioners to increase the rate of system change to support improved First Nations outcomes in education. The then Secretary to the Department of Education was also directly questioned by the Commission about the Act’s application to, or provisions for, First Nations people and learners, and in response undertook to explore how the Act can be amended in line with current understandings about what works to lift learning and life outcomes for First Nations people and students.

As well as responding to issues raised through Yoorrook Justice Commission hearings, the amendments proposed in the Bill have also been developed with Treaty front of mind. The Bill includes an acknowledgement of the Victorian Treaty process, and all proposed amendments have been designed to strengthen self-determination in the administration and delivery of education in Victoria while not limiting the ability of the system to implement its Statewide Treaty commitments, or respond to any further Statewide and/or Traditional Owner Treaty matters that may be negotiated in the future.

The Bill before you today inserts into the Act a new Statement of Recognition that incorporates truth-telling and properly acknowledges the unique status of First Nations Victorians in the law underpinning education in Victoria. It recognises the historical and ongoing factors that have impacted and continue to impact First Nations outcomes, and the critical role of the education system in improving outcomes. It acknowledges the strength and advocacy of generations of First Nations leaders for better opportunities for their young people. This Bill is one example of the power of that advocacy.

Complementing the Statement of Recognition, the Bill also enacts a new set of principles which recognise and honour the cultural rights and history of First Nations people as the first teachers and learners of Victoria, and which embed self-determination at the core of the delivery of early childhood education, school education and vocational education and training services to First Nations learners.

The new statutory principles will apply to every person and institution working in or across Victorian early childhood services, government and non-government schools, and vocational education and training. They make it clear that First Nations people interacting with our system – whether they are learners, family or community members or staff – have a right to expect that education settings across Victoria are culturally safe and inclusive, and free of racism.

The Bill introduces a legal obligation for the departmental secretaries with responsibilities in relation to our education systems to promote and strengthen Aboriginal self-determination by working in partnership with First Nations community representatives. We know that for First Nations programs and policies to be effective, First Nations people need to lead decision-making about their design and implementation, including defining what success looks like and how those responsible for delivery should be held to account. This important amendment aims to put our stated commitment to self-determination in education and learning into practical effect.

The Bill will also introduce a new duty on the responsible secretaries to ensure that Aboriginal cultural understanding professional development training will be made available to anyone working to support learning and wellbeing in or across early childhood education services, schools, TAFEs, Adult, Community and Further education providers and state funded or registered training organisations. This means that, wherever First Nations people interact with our education system, whether that be as a learner, a parent or family member, or as a member of the workforce, they can be confident that the staff they encounter and interact with always have access to high quality information and training about First Nations histories and cultures, and how to undertake their role in a way that is culturally safe.

The Bill also enshrines in law our commitment to ensuring all students learn about First Nations histories, cultures and perspectives as part of the curriculum in Victorian schools.

These elements have been part of the Victorian Curriculum since the nineties, and it is high time we recognised their importance within the core learning areas described in the Act.

First Nations communities rightly have the very highest aspirations for their young people’s education and wellbeing – they want and expect our education system to be responsive to their children’s needs and to enable them to excel.

As we move into the Treaty era, continue to respond to the Yoorrook Justice Commission’s recommendations and plan for the next phase of ambitious reform in First Nations education, now is the time to establish a solid foundation for positive change. And this change is something for all Victorians to celebrate, because we know that when we strengthen the system for First Nations people, we strengthen it for all Victorians.

Restricting personal mobile devices in schools

In 2020, this Government was the first in the country to introduce a new requirement in government schools that student mobile phones must be switched off and securely stored during the school day. This policy has improved student focus on learning and increased student socialisation and physical activity during breaks. In addition, there have been fewer incidents of cyberbullying and critical incidents involving mobile phones during school hours since the introduction of the policy.

As technology has developed, government schools have reported increasing issues surrounding the use of other sorts of devices that are not covered by existing policy. Not only can these devices be a distraction in the classroom, but many can covertly capture images and footage, carrying significant privacy and safety risks.

With all of this in mind, the Bill proposes to require that all Victorian schools, both government and non-government, have a policy that restricts student use of personal electronic devices, including mobile phones, wearable devices and personal audio devices, during school hours, as a prescribed minimum standard for registration.

This new prescribed minimum standard for school registration will not only extend the benefits of the mobile phone policy for government schools to all Victorian schools, but will reduce some of the harmful effects of other sorts of devices. Requiring that the policies restrict personal electronic devices and not just mobile phones will also future proof this minimum standard and ensure all future Victorian students have improved student learning, engagement and mental health outcomes.

Improving the Teacher Registration Framework

The Bill will also make a number of amendments to Part 2.6 of the Act, which establishes the governance framework and powers and functions of the Victorian Institute of Teaching (VIT). By improving the effectiveness of this framework, the Bill will allow the VIT to discharge its responsibilities in a more effective and efficient manner, including when responding to child safety risks.

Interim suspension decision making authority

Currently, only the VIT Council and CEO (where the Council has delegated the power to the CEO) is empowered to impose an interim suspension of a teacher’s registration. Interim suspensions are only able to be imposed in the most serious circumstances, namely where

the Council or CEO reasonably believes both that person poses an unacceptable risk of harm to children and that a suspension to their registration is necessary to protect children.

While it is appropriate that there are limits on who is empowered to make such important decisions, the inflexibility of the current framework can create child safety risks when a decision needs to be made promptly to protect children and there is no authorised decision maker available to make the decision. For example, if the CEO is unavailable due to unforeseen illness or absence, a meeting of the VIT Council must be convened to impose an interim suspension, which results in delays in the exercise of the power and the overall response to child safety risk that the suspension is intended to address.

To introduce greater flexibility as to who may impose interim suspensions, the Bill will allow the VIT Council to specify VIT employees who the CEO will be able to subsequently authorise to make interim suspension decisions on behalf of the CEO. This ensures that someone will always be available to make those time critical decisions when the CEO is otherwise unavailable while also ensuring that the CEO remains accountable for the decisions made by authorised employees.

The Bill includes additional protections, including by inserting requirements in relation to the skills, experience and knowledge of VIT staff members who may be authorised while also providing the VIT Council with the ultimate authority for deciding who may be authorised.

Periodic reviews of interim suspensions

The VIT is currently required to review the basis of an interim suspension 30 days after the original decision and every 30 days thereafter, regardless of whether it has received any new information. Many reviews result in a continuation of the interim suspension as the VIT has not received any new or additional information which is relevant to its opinion as to whether the interim suspension continues to be necessary to protect children.

The need to review interim suspensions every 30 days, even without any new or additional information, creates a resourcing burden on the VIT, which needs to support the Council or CEO (under delegated) authority to make a review decision. These are resources which the VIT would be able to better direct to address other high risk regulatory matters.

To ease these resourcing constraints while ensuring interim suspensions remain in force no longer than necessary, the Bill proposes two key changes to the way the VIT reviews and monitors interim suspension decisions.

First of all, the VIT will be required to review the basis for an interim suspension within 30 days of the initial decision and then within 90 days of that review and every subsequent review.

Secondly, the Bill will provide greater clarity about existing requirements in the Act that the VIT consider and act on any new information it receives about an interim suspension as soon as practicable after the information is received, including by deciding to, where appropriate, revoke the suspension. The amendment will put beyond doubt that, regardless of the date of a required review of an interim suspension, the VIT must consider new information presented to it and determine whether or not the interim suspension should remain in force. Together with the existing provisions in the Act, which require the VIT to hold a reasonable belief about the risk posed by an individual and the necessity of the interim suspension to protect children, this change will ensure that interim suspensions are only in place for as long as they are necessary. Despite the increase to the periodic review period, this change will create a fairer and more efficient process overall.

Information sharing and publication

The Bill will extend the VIT’s powers to collect and disclose information about current and former registered teachers to also include as yet unregistered teachers applying for teacher registration. This will mean that the VIT will be able to obtain reliable, third party verified information about applicants for teacher registration to make safe, evidence-based decisions about who is suitable to teach.

The Bill will also expand what particulars must be included in the Register of Registered Teachers (RRT), a publicly available register that records information about persons who hold a registration to teach.

Currently, the VIT is only required to ensure that the RRT includes limited information about the disciplinary action taken against a registered teacher. It does not include other matters that may be relevant to persons accessing the RRT, such as information about any cautions or reprimands. This creates a child safety risk such as where a prospective employer or community member may not be informed of other, lower level actions taken against a teacher, particularly where they have not looked at the Register of Disciplinary Action (RODA), which is a separate publicly available register displaying disciplinary actions taken against registered teachers.

To address this gap and ensure child safety is promoted both inside and outside the classroom, the Bill will expand the RRT to include details about whether a teacher’s registration is subject to any condition, limitation or restriction, or if the teacher has been subject to any caution or reprimand. While this information is already available on the RODA, also including these details are on the RRT will remove any potential gaps and help interested parties to obtain the information they need to make fully informed decisions.

Qualification requirements for the Chairperson of the VIT Council

The Bill will also widen the candidate pool for the for the Chairperson of the VIT Council. Currently, the Chairperson is required to be a registered teacher or principal. The VIT Council Chairperson has an important range of governance responsibilities, and it is appropriate that potential candidates for this role have the necessary broad governance and management experience required for such an important and high-profile role in our community.

While knowledge and experience of the teaching sector is important, the profession is already well represented on the VIT Council, with half its membership required to be made up of registered teachers, something that will not change as a result of this amendment.

The current and previous Chairpersons of the VIT Council have shown commendable leadership and knowledge of the sector throughout their tenures. However, broadening the qualification requirements for the Council Chairperson aims to provide greater flexibility in a landscape of increasing regulatory complexity.

These changes to the Act and the other amendments to the governance framework of the VIT look forward to the future to improve the operational efficiency of the VIT and strengthen child safety.

Victorian Student Register

The Bill also proposes changes that allow additional information to be recorded in the Victorian Student Register, enabling Victoria to implement its contribution to the national Schools Unique Student Identifier (USI) for Victorian schools and students as required by the Better and Fairer Schools Agreement 2025-2034 Heads of Agreement. This will bring us into step with the Commonwealth’s national approach to the implementation of the national Schools USI, which aims to create a lifelong education record for students across educational institutions across the country.

These proposed amendments are required to permit the collection of ‘country of birth’ student data within the VSR, which is part of the minimum data set currently attached to a Victorian student’s Victorian Student Number.

The VSR is the central repository for the Victorian Student Number and related data across the state. Victoria and Western Australia are the only jurisdictions with an existing student identity solution that services all the K–12 school settings. The amendments will enable Victoria to use the VSR to consistently implement the national Schools USI in all school settings. This will remove the administrative burden on schools needing to separately provide the information to the Commonwealth.

Additionally, the proposed amendments enable any future data sets required by the Commonwealth to be prescribed in the regulations, providing flexibility for data sets to be incorporated in the future without needing to amend the Act.

Together, this package of amendments stands to further strengthen the Act as part of our ongoing work to ensure Victoria remains the Education State.

I commend the Bill to the House.

 James NEWBURY (Brighton) (10:20): 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 16 April.