Government to In considering reforms to the disciplinary procedures as part of VIT’s Recommendation 3 consider recommended the proposed policy review and amendment of Part 2.6 of ETRA (see As part of overhaul of Part 2.6 of the Act: legislative change recommendations 1 and 2), the Department, in collaboration with the VIT, will take into account: The VIT Council, or an appropriate committee of the Council (currently the Professional Conduct the appropriate threshold for referral of disciplinary matters Committee), determines following a VIT to an independent body (after consideration of the investigation, whether a particular matter is referred appropriate review body for various decisions relating to to VCAT. The VIT to retain current decision-making regulation of teachers (see recommendation 2)); powers on initial and other registration issues at a – the roles of the Council of the VIT and the VIT Professional Council or committee level with existing review of – Conduct Committee in determining which matters should be those decisions in VCAT maintained. referred to an independent body for decision. A simple, clear definitional threshold for teacher It is expected that changes to the disciplinary system will be misconduct warranting referral to VCAT is implemented as part of the proposed policy review and amendment determined so that only minor matters (for example, of Part 2.6 in 2019–20. swearing in front of a student or registration fees not paid) are reserved for disciplinary decision by the Council or relevant committee of the Council under delegation from the Council. This definitional threshold should be determined by reference to current, best practice professional regulation legislation, such as the Health Practitioner Regulation National Law and legal profession schemes. With appropriate modification, the actual definitions from either of those schemes could be mirrored in the teacher misconduct scheme.
Recommendation 3 As part of overhaul of Part 2.6 of the Act: The VIT Council, or an appropriate committee of the Council (currently the Professional Conduct Committee), determines following a VIT investigation, whether a particular matter is referred to VCAT. The VIT to retain current decision-making powers on initial and other registration issues – at a Council or committee level – with existing review of those decisions in VCAT maintained. A simple, clear definitional threshold for teacher misconduct warranting referral to VCAT is determined so that only minor matters (for example, swearing in front of a student or registration fees not paid) are reserved for disciplinary decision by the Council or relevant committee of the Council under delegation from the Council. This definitional threshold should be determined by reference to current, best practice professional regulation legislation, such as the Health Practitioner Regulation National Law and legal profession schemes. With appropriate modification, the actual definitions from either of those schemes could be mirrored in the teacher misconduct scheme. Government to consider recommended legislative change In considering reforms to the VIT’s disciplinary procedures as part of the proposed policy review and amendment of Part 2.6 of ETRA (see recommendations 1 and 2), the Department, in collaboration with the VIT, will take into account: the appropriate threshold for referral of disciplinary matters to an independent body (after consideration of the appropriate review body for various decisions relating to regulation of teachers (see recommendation 2)); the roles of the Council of the VIT and the VIT Professional Conduct Committee in determining which matters should be referred to an independent body for decision. It is expected that changes to the disciplinary system will be implemented as part of the proposed policy review and amendment of Part 2.6 in 2019–20.
Governmentresponse.docx