Ministers and Legislation

Ministers and key staff

Profile information about our ministers and key staff.

Legislation administered by the Minister for Education

The Minister for Education is responsible for administering several Acts, including certain parts of the Education and Training Reform Act 2006 and Child Wellbeing and Safety Act 2005.

To find out more about the Acts of parliament administered by the Minister for Education, refer to General Orders.

Education and Training Reform Act 2006

The purpose of the Education and Training Reform Act 2006 is to establish an education and training system which provides for a high standard of education and training for all Victorians.

The Education and Training Reform Act 2006 makes provision for compulsory education, vocational education and training, the government school system, the regulation of schools, school boarding premises and home schooling, the development and accreditation of courses and issuing of qualifications, the employment of the teaching service in government schools, and regulation of the teaching profession.

Education and Training Reform Regulations 2017

The Education and Training Reform Regulations 2017 were made under the Education and Training Reform Act 2006 and prescribe matters relating to:

• government school education (including admission, attendance and age requirements)
• government school councils (including meetings, membership and accounting requirements)
• parents’ clubs and fundraising for government schools
• registration of schools (including minimum standards and application requirements)
• home schooling (including registration, learning areas, learning plan requirements, reviews and cancellation requirements)
• registration of education and training organisations (including minimum standards for senior secondary courses and criteria for registration)
• consumer protection in the vocational education and training sector
• the role of VRQA in investigating complaints
• transport an travelling allowances.

Ministerial orders

The Minister for Education has powers to make ministerial orders for certain matters under the Education and Training Reform Act 2006.

Many ministerial orders are a form of subordinate legislation under the Act and deal with specific matters, such as:

• Exempting children of compulsory school age from enrolment and attendance at school if they satisfy certain criteria – Ministerial Order No. 705
• Fees for overseas students in government schools – Ministerial Order No. 819
• Principal selection procedures and grounds for review – Ministerial Order No. 1006
• Procedures for suspension and expulsion of students in government schools – Ministerial Order 1125
• Constitution of government school councils – Ministerial Order No. 1280
• Implementing the Child Safe Standards – managing the risk of child abuse in schools and school boarding premises – Ministerial Order No. 1359
• Teaching Service (employment conditions, salaries, allowances, selection and conduct) – Ministerial Order No. 1388
• School Council employees (employment conditions, salaries, allowances, selection and conduct) – Ministerial Order No. 1389
• Structured Workplace Learning arrangements – Ministerial Order No. 1412
• Work Experience arrangements – Ministerial Order No. 1413
• Victorian Curriculum and Assessment Authority Employees (Employment Conditions, Salaries, Allowances, Selection and Conduct) - Ministerial order No.1451.

Ministerial directions

The Minister for Education has a general power in the Education and Training Reform Act 2006 to issue directions to education institutions in Victoria (such as government schools and school councils) and entities established under the Act (such as the Victorian Registration and Qualifications Authority).

Ministerial directions may be used for matters that are not the subject of a specific power in the Education and Training Reform Act 2006 to make a ministerial order.

An example is the Ministerial Direction on special religious instruction in government schools.

Legislation administered by the Minister for Children (as that portfolio relates to early childhood education)

The Minister for Children holds a large portfolio and is supported by 3 departments (the Department of Education, the Department of Families, Fairness and Housing and the Department of Health).

The Department of Education supports the Minister in administering the following acts:

• Education and Care Services National Law Act (Victoria) 2010
• Education and Care Services National Law
• Children’s Services Act 1996
• Parts 6A and 7A of the Child Wellbeing and Safety Act 2005
• Specific sections of the Education and Training Reform Act 2006.

To find out more about the Acts of parliament administered by the Minister for Children, refer to the General Orders.

Education and Care Services National Law

The Education and Care Services National Law (in the Schedule to the Education and Care Services National Law Act 2010) establishes a national regulatory scheme, known as the National Quality Framework (NQF), for long day care, family day care, preschool (including kindergarten) and outside school hours care services.

The NQF operates as an ‘applied national law system’ where the Victorian Parliament passes national template legislation, which is applied by other state and territories.

Children’s Services Act 1996

The Children’s Services Act 1996 regulates early childhood services that are outside the scope of the National Quality Framework (see description under Education and Care Services National Law above). These services are provided to children on a non-regular or ad hoc basis (occasional care) or where children attend for very short periods of time (limited hours care).