Employment — Legal Basis

Overview

Persons are employed by the Department as teaching service employees under Part 2.4 of the Education and Training Reform Act 2006 or Victorian Public Service (VPS) employees under Part 3 Division 4 of the Public Administration Act 2004.

The conditions of employment for teaching service employees are set out in Part 2.4 of the Education and Training Reform Act 2006, Regulations and Ministerial Orders made under that Act and the Victorian Government Schools Agreement 2017.

The conditions of employment for VPS employees are set out in Part 3 of the Public Administration Act 2004, Regulations made under that Act and the Victorian Public Service Enterprise Agreement 2016 or the Nurses (Department of Education and Training) Agreement 2016.

Other legislation relevant to employment includes the Fair Work Act 2009 (Cth), State Superannuation Act 1988, Workplace Injury Rehabilitation and Compensation Act 2013, Equal Opportunity Act 2010, Charter of Human Rights and Responsibilities Act 2006 and the Worker Screening Act 2020.

Both the Education and Training Reform Act 2006 and the Public Administration Act 2004 provide that the Secretary, on behalf of the Crown, has all the rights, powers, authorities and duties of an employer in respect of teaching service and public service employees.

The Secretary has delegated some of these powers and functions under the Education and Training Reform Act 2006 and the Public Administration Act 2004 to the occupants of particular positions.

Accessing the latest versions of Victorian legislation

To view up to date versions of any state legislation and parliamentary documents, go to Victorian Legislation.

Related policies

• Contract of Employment

Relevant legislation

• Delegations
• Industrial Agreements
• Industrial Awards
• Legislation — Employment Topics
• Ministerial Orders — Employment

Contact information

• Contact HR

Policy and Guidelines

There is no further guidance for this topic.

Resources

Currently there are no resources for this topic.