Victorian Numbered Acts Victorian Numbered ActsAfter Part 2.6 of the Principal Act insert —
In this Part—
"Academy" means the Victorian Academy of Teaching and Leadership established under section 2.6A.2;
early childhood teacher has the meaning given by section 2.6.1;
teacher has the meaning given by section 2.6.1.
(1) The Victorian Academy of Teaching and Leadership is established.
(2) The Academy—
(a) is a body corporate with perpetual succession; and
(b) has a common seal; and
(c) may sue and be sued in its corporate name; and
(d) may acquire, hold, use and dispose of real, intellectual and personal property (other than an estate in fee simple); and
(e) may do and suffer all acts and things that a body corporate may by law do and suffer.
2.6A.3 Common seal
(1) The common seal of the Academy—
(a) must be kept in custody as directed by the Academy; and
(b) must not be used except as authorised by the Academy.
(2) All courts must take judicial notice of the common seal of the Academy affixed to a document and, until the contrary is proved, must presume that it was duly affixed.
The objectives of the Academy are—
(a) to improve outcomes for school students through the provision of specialised teaching and leadership excellence programs for exceptional teachers and school leaders; and
(b) to increase equity of access to professional learning to lift the quality of teaching across Victoria; and
(c) to provide a dedicated pathway for established exceptional teachers to contribute to school and system improvement; and
(d) to improve the quality of school leadership; and
(e) to raise public awareness of the capability and status of school leaders and teachers in the science and practice of teaching.
(1) The functions of the Academy are—
(a) to provide advice to the Minister and the Department in relation to—
(i) school leadership; and
(ii) teaching and professional practice; and
(iii) professional learning; and
(b) to design and provide accredited and non-accredited professional learning programs for school leaders and teachers including specialised teaching and leadership excellence programs; and
(c) to develop and publish guidance materials and resources for use by providers of professional learning programs; and
(d) to evaluate the effectiveness and impact of the Academy's professional learning programs, including in relation to teaching practice and outcomes for students; and
(e) to work collaboratively with schools, community organisations, universities, post-compulsory education and training providers, professional associations and providers of professional learning programs to—
(i) identify the needs of the teaching profession; and
(ii) support and improve the delivery of the Academy's professional learning programs including its specialised teaching and leadership excellence programs; and
(f) to improve public confidence in the teaching profession and schools in Victoria through the promotion of the use of evidence-informed practice amongst school leaders and teachers; and
(g) any other function conferred on or delegated to the Academy by or under this or any other Act.
(2) For the purposes of subsection (1)(a), the Academy may advise the Minister or the Department on the Academy's own initiative or at the request of the Minister or the Department (as the case requires).
(1) The Academy has power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, meeting its objectives or the performance of its functions including any function delegated to it.
(2) Without limiting subsection (1), the Academy may—
(a) enter into a joint venture with any other person or persons; and
(b) apply for, use, obtain, hold and dispose of, whether on its own behalf or jointly with any other person, any intellectual property rights; and
(c) assign or grant licences in respect of intellectual property rights, with or without charge; and
(d) enter into licences for the use of real property; and
(e) enter into contracts, agreements or arrangements, including for the commercial exploitation of intellectual property rights; and
(f) supply and sell goods and services on a commercial basis; and
(g) conduct research; and
(h) charge a fee for services provided by the Academy.
(3) The Academy, in the performance of its functions, may exercise its powers within or outside Victoria.
(4) This section does not limit any other power given to the Academy by any other provision of this Act.
(1) The Academy is to be governed by a Board of the Academy.
(2) The Board of the Academy—
(a) is responsible for the management of the affairs of the Academy; and
(b) may exercise any of the powers or functions of the Academy.
(3) The Board of the Academy consists of 7 members of whom—
(a) one is to be appointed as Chairperson by the Governor in Council on the recommendation of the Minister; and
(b) one is to be the Secretary or nominee of the Secretary; and
(c) one is to be a representative of ISV appointed by the Governor in Council; and
(d) one is to be a representative of the Catholic Education Commission appointed by the Governor in Council; and
(e) the remaining members are to be appointed by the Governor in Council.
(4) In recommending persons for appointment to the Board of the Academy, the Minister must be satisfied that—
(a) the persons recommended possess the skills, qualifications and experience that are relevant to enable the Academy to perform its functions; and
(b) the persons recommended include persons who have experience in the following areas—
(i) education, including a range of school education settings and sectors, vocational education and training, adult, community and further education and higher education;
(ii) education leadership;
(iii) management;
(iv) finance;
(v) law;
(vi) corporate governance; and
(c) the composition of the Board is a fair and balanced reflection of the diversity of the Victorian community.
(5) A member of the Board of the Academy may resign from office by delivering to the Governor in Council a signed letter of resignation.
(6) The Governor in Council may at any time remove a member from office.
(1) The Board of the Academy may from time to time, by instrument in writing, establish a committee—
(a) to assist the Academy in the performance of its functions; or
(b) to advise the Academy on matters relating to the performance of the Academy's functions; or
(c) to exercise any of the powers or functions of the Academy that are delegated to the committee by the Board.
(2) The Board of the Academy may, to facilitate the Academy's functions, appoint members to the committee including any person who is not a member of the Board.
(3) The Board of the Academy may make any provision with respect to the terms and conditions of appointment of members of a committee as the Board thinks fit.
(4) A member of a committee (other than a person referred to in subsection (5)) is entitled to receive the remuneration, fees and personal and travelling expenses that are fixed from time to time by the Board of the Academy.
(5) Subsection (4) does not apply to a member of a committee who holds a full-time Government office, or a full-time position in the public service, teaching service or with a statutory authority (other than a university).
(6) A committee may permit its members to participate in a particular meeting, or all meetings, by telephone, closed circuit television or other means of communication.
(7) The Board of the Academy may dissolve a committee if the Board determines that the committee is no longer required.
The Academy may publish advice provided under this Part, on its own initiative or at the request of the Minister or the Department, for the following purposes—
(a) the performance of its functions;
(b) a prescribed purpose;
(c) a purpose set out in a Ministerial Order.
(1) The amount of any fee charged by the Academy under this Part must be paid into the Consolidated Fund.
(2) The Academy may waive or refund any fee charged under this Part if the Academy is satisfied that it is appropriate to do so.
Schedule 2 has effect subject to any contrary intention in this Part.".