Process of the Regulations

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Process of the Regulations

Unlike legislation, regulations are not routinely debated in Parliament. Here is the process:

  • February 28: Submissions close
  • DET examines them and produces the final version of regulations. According the the Victorian Guideline for Regulation, “Consideration of public submissions – At least one week, but often four weeks. Based on experience. Clearly, this will depend on the number of submissions received and their level of detail.”  One week’s consideration could mean this stage was by 7 March, 4 weeks would mean it ran through to end March. We do not believe they intend to spend that long as it would delay tabling in Parliament until May.
  • Notice of regulations posted in the government gazette
  • Tabled in Parliament: March or May, to be advised. Within six days of the notice, the Regulations will be tabled in Parliament. Available Parliamentary sitting days are March 7/8/9 or 21/22/23, then May (2/9/10/11/24&25).
  • Although the regulations are not automatically debated, any MP can raise them for discussion and either House can move to disallow them if there are sufficient numbers. This won’t be possible in the Legislative Assembly where the ALP have a safe majority, however, it is possible in the Legislative Council if we have sufficient support from the coalition and minor parties. This is why lobbying is so important and you need to be talking to your MPs.
  • The regulations also go the Scrutiny of Acts and Regulations Committee (SARC) who examine them for compliance with the Education and Training Reform Act 2006, The Subordinate Legislation Act, The Victorian Human Rights Charter and a checklist of other compliance issues. SARC can take up to 18 (Parliamentary sitting) days to examine the Regulations and can recommend they be disallowed, but only as a technical issue i.e. they have to fail one of the checks. SARC cannot recommend disallowance purely as a policy matter.
  • The VRQA will establish a dedicated home schooling reform team (April 2017–April 2018).
  • The VRQA will develop regulatory tools and support, including forms, guidance material and procedures (April–August 2017).
  • The VRQA will establish a panel of assessors, which will require a tender process, procurement and training of the assessors (September–December 2017)
  • The VRQA will develop a communication plan, including new material for website, electronic newsletters, workshops and direct communication with registered families (May 2017 onwards).
  • June 25: 2007 Regulations sunset but the 2017 Regulations make allowance for the home education section to extend through to end 2017
  • Nov 2017 existing home educators receive renewal letter as normal.
  • 2018 new registration system and reviews begin – note that although existing families will not be required to submit a review, they will be required to have one when they are reviewed.

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