Employment Limitation

Authority to apply employment limitations

• Under section 20(1) of the Public Administration Act 2004 (Vic) (the PA Act), the Secretary, as the employer of employees within the department, has all the rights, powers, authorities and duties of an employer and as such may decide who should be employed by the department, including current and former employees, and can delegate this power (subject to any relevant legal requirements and principles, for example, those contained in state or federal anti-discrimination legislation).
• The Secretary’s general employment powers and duties are codified in the PA Act, Part 2.4 and Chapter 2A of the Education and Training Reform Act 2006 (Vic) (ETR Act) and Ministerial Orders made under the ETR Act.
• Similarly, a school council has a power to employ staff in accordance with section 2.3.8 of the ETR Act.

School based employees

• Employees of the Teaching Service (principal, teacher and education support class) are employed under Part 2.4 of the ETR Act. School councils are discrete entities and can employ employees under Part 2.3 of the ETR Act. Typically, school councils may employ casual relief teachers, teacher aides, grounds maintenance staff, gardeners and cleaners.
• The ETR Act enables the Minister for Education to make Ministerial Orders to give effect to the ETR Act, including any matters relating to employment in the teaching service or by school councils. Ministerial Order 1388 (PDF) contains the current provisions dealing with employment in the Teaching Service and Ministerial Order 1389 (PDF) contains the current provisions dealing with employment by school councils.
• Clauses 3.1.5 of both orders provide that the Secretary may determine that a person’s eligibility for employment is subject to an employment limitation. The clauses also provide for the Secretary to establish criteria and procedures for imposing an employment limitation on a person, including the grounds for a review of an employment limitation.
• This policy constitutes the criteria and procedures for imposing an employment limitation on a person referred to in the relevant order, as well as the grounds and procedures for a review of an employment limitation.

Victorian Public Service (VPS) employees

• VPS employees are employed under section 20 of the PA Act. They include employees within the Allied Health Adaptive structure of the VPS, school nurses (including in the Maternal and Child Health Information Line) and VPS employees in central and regional offices.

Early Learning Victoria employees

• ELV employees are employed under section 2A.1.4(1) of the ETR Act. Ministerial Order 1454 (PDF) contains current provisions dealing with employment in ELV centres.