Hansard debates

Gabrielle WILLIAMS (Dandenong – Minister for Education, Minister for Skills and Training, Minister for First Peoples, Minister for Women and Gender Equality) (11:15): Under the Statewide Treaty Act 2025, I table a statement of treaty compatibility:

In accordance with section 66 of the Statewide Treaty Act 2025, I table a statement of Treaty compatibility for the Education and Training Reform Amendment (Apprenticeships, Traineeships, Schools and Other Matters) Bill 2026 (the Bill).

In my opinion, the Bill is compatible with the matters set out in section 66(3)(d) of the Statewide Treaty Act ‍2025. I base my opinion on the reasons outlined in this statement.

Overview of Bill

The Bill introduces reforms to regulation of apprenticeships and traineeships in Chapter 2, and reforms to the permission to teach scheme administered by the Victorian Institution of Teaching, and the school community safety order scheme, and other matters, in Chapter 3.

Apprenticeships and Traineeships Regulatory Reforms (Chapter 2)

The Bill strengthens and modernises the regulatory framework for apprenticeships and traineeships, prioritising their safety and support. Key measures in the Bill include a greater range of enforcement tools for the regulator, introducing a licensing system for employers of apprentices and trainees and embedding an education-first approach to support employers to comply. The regulation of apprenticeships and traineeships will also move from the Victorian Registration and Qualifications Authority to the Workforce Inspectorate Victoria, complementing the Inspectorate’s existing functions and capabilities as an industry-focussed regulator.

The Bill’s reforms acquit the government’s response to recommendations of the Apprenticeships Taskforce in relation to the regulatory framework for apprentices and trainees. The Taskforce consulted with apprentices and trainees from priority cohorts such as First Peoples apprentices and trainees, to inform its work.

Schools and other matters (Chapter 3)

The Education and Training Reform Act 2006 (the ETRA) provides the statutory framework for Victoria’s education and training system.

I have identified various matters relevant to the government education and training system in Victoria that are intended to be addressed by amendments to the ETRA. These matters include:

a) the government’s commitment to ensuring that Victorian schools are safe and respectful places of learning and work for students and staff;

b) the review by the Victorian Institute of Teaching (Institute) of the ‘permission to teach’ scheme and report issued on 30 April 2025; and

c) recommendations from the 2025 statutory review of the school community safety order scheme (the SCSO scheme).

In view of the above, the amendments to be made by the Bill include:

a) improving and strengthening the permission to teach registration scheme administered by the Institute by:

i. replacing the name “permission to teach” (PTT) with “Conditional Authority to Teach” (CATT) to better reflect the circumstances in which that registration type is granted;

ii. providing that a responsible person such as a school principal, who intends to employ someone with PTT, must enter into a supervision and support agreement with the Institute setting out the way in which professional support and supervision will be provided to the person granted PTT;

iii. providing the Institute with appropriate regulatory tools for the purpose of supporting schools and other bodies with their obligations in relation to PTT holders;

b) implementing a number of recommendations of the statutory review of the SCSO scheme and making other amendments to the scheme by:

i. expanding the power to make SCSOs to address behaviour on electronic communications platforms and channels (including social media and messaging platforms) to protect school staff and students from serious harm perpetrated online;

ii. expanding the circumstances in which immediate orders may be made by removing the imminency element from each of the grounds for making such orders;

iii. requiring an authorised person to provide the person against whom an immediate order is proposed to be made with a reasonable and proportionate procedural fairness process;

iv. removing the requirement that an authorised person review an immediate order after making the order;

v. simplifying the requirements for making oral orders and empowering an authorised person to extend the duration of an ongoing order, for a further period not exceeding 12 months

vi. replacing the show cause notice process for ongoing orders with a reasonable and proportionate procedural fairness process; and

c) introducing a new statutory principle which enshrines the expectation and intention that all Victorian schools are safe and respectful places of learning and work.

Consultation with the First Peoples’ Assembly of Gellung Warl

The First Peoples’ Assembly was not given an opportunity to advise on and did not make representations on the Bill, based on my understanding that it is unlikely to have a significant impact on First Peoples or Statewide Treaty.

Compatibility of the Bill with each of the objects in section 66(3)(d) of the Statewide Treaty Act 2025

I have considered whether the Bill is compatible with the objects at section 66(3)(d) of the Statewide Treaty Act 2025:

a) advancing the inherent rights and self‑determination of First Peoples; and

b) addressing the unacceptable disadvantage inflicted on First Peoples by the historic wrongs and ongoing injustices of colonisation; and

c) ensuring the equal enjoyment of human rights and fundamental freedoms by First Peoples.

In my opinion the Bill does not, in its terms, deal with First Peoples, nor is it expected that any aspects of the Bill will, in practice, have a differential impact on First Peoples.

Conclusion

For the reasons set out above, in my opinion the Bill is compatible with the objects specified in section ‍66(3)(d)(i) to (iii) of the Statewide Treaty Act 2025.

The Hon Gabrielle Williams MP

Minister for Education

Minister for Skills and Training