Victorian Numbered Acts Victorian Numbered ActsAfter Division 15 of Part 2.6 of the Principal Act insert —
(1) The Secretary may grant an exemption to an early childhood service if—
(a) the early childhood service is required to employ or engage a registered early childhood teacher for the purposes of meeting funding requirements in the kindergarten funding guidelines; and
(b) either—
(i) the early childhood service holds a waiver or a children's services exemption; or
(ii) the Secretary is satisfied that the early childhood service has made reasonable attempts to employ or engage a registered early childhood teacher to fulfil the requirements of paragraph (a).
(2) If an exemption is granted under subsection (1), the early childhood service may employ or engage a person holding a temporary approval in place of a registered early childhood teacher for the purpose of meeting funding requirements in the kindergarten funding guidelines.
(3) An exemption granted under subsection (1) is valid for the period (not exceeding 12 months) specified in it.
(4) The Secretary may impose any condition on an exemption granted under subsection (1) that the Secretary thinks fit.
(5) The Secretary may by notice issued to the early childhood service vary or revoke any condition imposed under subsection (4).
(6) In this section—
"children's services exemption" means an exemption under regulations made under the Children's Services Act 1996 that exempts a children's service from requirements under those regulations for attendance of teaching staff members;
"waiver "means a service waiver or temporary waiver under the Education and Care Services National Law (Victoria) that exempts an education and care service from requirements under that Law for attendance of early childhood teachers.
(1) A natural person who does not hold an approved early childhood teaching qualification may make an application to the Secretary for a temporary approval.
(2) An application for a temporary approval must be—
(a) in the form approved by the Secretary; and
(b) accompanied by—
(i) a copy of the applicant's current assessment notice under the Working with Children Act 2005 or evidence that the applicant has applied for an assessment notice under that Act; and
(ii) the application fee fixed by the Minister.
(3) The application must—
(a) specify the early childhood service at which the applicant is proposed to be employed or engaged; and
(b) be accompanied by information about the exemption granted to the early childhood service under section 2.6.60A, or the application made by the service for an exemption.
(4) The Secretary may require an applicant for a temporary approval to provide information about any of the following—
(a) the applicant's qualifications or education currently being undertaken by the applicant;
(b) the applicant's relevant employment experience.
(1) The Secretary may grant an applicant a temporary approval if the Secretary is satisfied that the applicant is suitable to be employed or engaged in an early childhood service in place of a registered early childhood teacher for the purpose of meeting funding requirements in the kindergarten funding guidelines.
(2) The Secretary must not grant a temporary approval to an applicant who does not hold a current assessment notice under the Working with Children Act 2005 .
(3) The Secretary must not grant a temporary approval to a person who has, at any time, in Victoria or elsewhere, been convicted or found guilty of a sexual offence.
(4) The Secretary may publish criteria on the Department's website for assessing the suitability of an applicant for grant of a temporary approval.
(1) A temporary approval is valid for the period (not exceeding 12 months) specified in it.
(2) A temporary approval permits the person to be employed or engaged at the early childhood service specified in the approval in place of a registered early childhood teacher for the purpose of meeting funding requirements in the kindergarten funding guidelines.
(3) The Secretary may impose any condition on a temporary approval that the Secretary thinks fit, including conditions about professional development or progress towards obtaining qualifications.
(4) The Secretary may by notice issued to the person vary or revoke any condition imposed under subsection (3).
(1) The Secretary must revoke an exemption granted under section 2.6.60A if the Secretary is satisfied that the early childhood service—
(a) no longer requires the exemption under section 2.6.60A(1); or
(b) has not complied with any condition attached to the exemption.
(2) The Secretary must revoke a temporary approval if the holder has, at any time, in Victoria or elsewhere, been convicted or found guilty of a sexual offence.
(3) The Secretary may by notice issued to the person revoke a temporary approval if—
(a) the person has not complied with any condition imposed on the temporary approval; or
(b) the Secretary forms the belief that the person is no longer suitable to be employed or engaged in place of a registered early childhood teacher for the purpose of meeting funding requirements in the kindergarten funding guidelines.
(4) If, under this section, the Secretary revokes an exemption under section 2.6.60A or a temporary approval, as soon as reasonably practicable, the Secretary must notify any early childhood service that employs or engages a person holding that temporary approval under section 2.6.60A(2).
If a person who holds a temporary approval ceases to be employed or engaged under section 2.6.60A(2) at an early childhood service specified in the approval, as soon as reasonably practicable—
(a) the person must notify the Secretary that the employment or engagement has ceased; and
(b) the early childhood service must notify the Secretary that the employment or engagement has ceased.".