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Marco Jurídico penal y Procesal Penal y La Responsabilidad del los Funcionarios Públicos.

1.1 El Estado de Naturaleza

1.4 Consideraciones Generales de la Responsabilidad de los Funcionarios Públicos en el Código Penal y Procesal Penal 1973 a 1998.

1.4.1 Marco Jurídico penal y Procesal Penal y La Responsabilidad del los Funcionarios Públicos.

There are a number of distinctive features of the Victorian education and training context that raise the importance of the state providing effective and well-organised career development services for young people. These sit alongside some recent national developments that have the same implications.

Diverse pathway choices

Perhaps one of the most important features of 15 to 19 arrangements in Victoria is that, compared to other Australian states and territories, the choices that young people face at the end of compulsory education, whether defined in terms of institutional choices, qualification choices, or the intersection between these, is wider than in other states and territories. In addition to the choice between an upper secondary qualification and a vocational education qualification that is common elsewhere in Australia, young Victorians have a choice between two main senior school certificates – the Victorian Certificate of Education and the Victorian Certificate of Applied Learning10 – which have distinctive content, destination pathways and pedagogical styles. Victoria also offers young people more institutional options in the period than do other states and territories. In addition to the choice between studying in school or in TAFE, programmes for young people have been actively promoted in the Adult and Community Education sector. Although the numbers there are relatively small, they have been growing rapidly. Both TAFE programmes and ACE provision have proven to be attractive to those young people who have the greatest difficulty in fitting into a standard school environment.

To further multiply the choices that young people face, there is a greater overlap between qualifications and institutions than is common elsewhere in Australia, and indeed more common than is the case in most OECD countries, where typically separate types of institutions offer separate types of qualifications. In Victoria however, each of the three main types of 15 to 19 institutions can and do offer each of the three main types of qualifications. These diverse options greatly increase the need, compared to other states and territories, for high quality and impartial information, advice and guidance during the compulsory years of secondary school, before choices must be made. In most other states and territories the principal choice11 is between one upper secondary qualification offered in a school and vocational education qualifications offered in TAFE (or a private provider). In Victoria these two principal pathway choices are, in effect, extended to nine.

These sit alongside a pathway to higher education that is perhaps even stronger than in other states and territories, with a large private school sector, and high rates of tertiary participation and attainment. This exerts a strong pressure upon school careers assistance services to focus upon the needs of Year 12 students, and increases the difficulties of balancing these against the needs of all students and other pathway choices. This highlights the need for well considered policy steering mechanisms for services to ensure that an appropriate balance occurs.

Longer transitions from school to work

In common with other parts of the OECD, the duration of the transition from school to work has been increasing steadily in Victoria. In 1990 the average period between the end of compulsory education and starting full time work in Victoria was 5.6 years. By 2008 this had

10

In addition the International Baccalaureate is available.

11

In order to obtain a Year 12 or equivalent Certificate III qualification. While many school programmes now include vocational options, these are generally not at Certificate III level.

increased to 8.2 years. Nearly all of the increase can be explained by young people spending much more extended periods in education, rather than by longer periods taken to settle into work after leaving education.

Figure 1: The duration of the transition from education to work, states and territories, 200812

0.0 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 Northern Territory*

Western Australia Tasmania* Australian Capital Territory Queensland Australia Victoria New South Wales South Australia

Average number of years after the age of 15 In education To find any work To find full-time work

Source: ABS Education and Work Australia Cat. No. 6227.0, May 2008, special tabulation

The duration of the transition is longer in Victoria than in many other states and territories. Most of this is accounted for by more extended educational participation, as the period taken to settle into either any form of work or full time work is quite short compared to most other states and territories (Figure 1). This longer transition duration, coupled with the high proportion of the transition period that is spent in education rather than in settling into work, extends the period during which young people need assistance with educational choices and pathway planning, as well as increasing the importance of well organised information services to help them to navigate their way through complex education systems.

Extended periods in education for the majority help to underscore the difficulties faced by the minority who leave school early, without completing Year 12 or its equivalent. For these young people early intervention with career development services is essential, as they will receive little assistance if it is delayed until the principal choice points (Years 10 and 12) for the majority. This becomes a particular issue for those disadvantaged groups such as Indigenous youth among whom early leaving between the end of primary schooling and Year 9 is likely to be concentrated.

12

The table estimates the average period of time from 1999 from when a age cohort reaches the minimal school leaving age (16) until half of the cohort had gained full time employment in each state and territory. It is an estimate because the data are time series rather than longitudinal based. As such they are based upon the survey that measures the current activities of age cohorts. The black part of the bars measures the time in education, the grey part measures the period post education taken to gain any work – full or part-time and the lined part the period taken post education or part-time work taken to gain full time work.

Extended participation requirements and guarantees

Victoria, like other Australian states and territories, has recently raised the minimum school leaving age: from 15 to 16 as from 1 July 2007 as a consequence of the Education and

Training Reform Act, 2006. This requirement has been introduced in conjunction with a guarantee of a place at a TAFE institute or adult education centre for all young people under the age of 20 who have not completed Year 12. As a result of agreement between the Commonwealth and the states and territories, as from 1 January 2010 participation requirements will be extended to a requirement, in association with a guarantee of a place, for young people to participate full time in some form of education, training or employment, or a combination of these activities, up to the age of 17.

These initiatives will:

o increase the proportion of low-achieving and at-risk students taking part in education and training;

o extend the duration of the transition period;

o increase the complexity of pathway choices for many young people; and

o extend the state’s legal obligations for the provision of education and training and associated services.

All of these will increase the argument for, and the demands upon, well organised and equitably provided career development services.

The complexity of 15 to 19 pathways, and hence the need for improved information and advice services, is likely to be further increased by the Commonwealth government’s acceptance of the Bradley review’s recommendations for more extensive pathways between vocational education and higher education.

Demand-driven funding for education and training

Victoria has introduced a demand-driven funding system for vocational education and training from July 1 200913. This provides an entitlement to a publicly subsidised accredited training place for all eligible persons. This Victorian initiative sits alongside the Commonwealth government’s announcement that it has accepted the Bradley higher education review’s recommendation that a demand-driven funding system should be introduced for higher education, with a place being guaranteed to all eligible students.

If these initiatives are to work effectively, there will be great pressure to ensure that student choice is informed, with consequences for the need for improved career development services across all sectors. Skills Victoria has recognised this by allocating additional funds for information services as part of the Skills Reform14. It is also recognised by both Skills Victoria and the Adult and Community Education sector that the changes are likely to increase the proportion of young people wishing to complete a 15 to 19 qualification in settings other than schools, and will increase the attractiveness for these institutions of marketing themselves to young people in the 15 to 19 years.

13

Until 2011 this will apply only to higher level qualifications.

14

Two major initiatives will be undertaken: the enhancement of the State Register of accredited courses and qualifications available in Victoria and information about registered education and training providers; and the development of a Qualifications Navigator to provide user-friendly information on the value of each qualification.

Changed Commonwealth-state responsibilities

On 2 July 2009, the Commonwealth and the states agreed to the National Partnership on Youth Participation and Attainment. While its exact shape on the ground remains to be determined, it will provide funds to the states and territories of $623 million over five years for youth careers and transitions programmes. This will substantially increase both opportunities and challenges for Victoria to extend career development services for its youth.

Governance arrangements across the sectors

Students between the ages of 15 to 19 are located in government, Catholic, and independent schools; TAFE Institutes, private Registered Training Organisations (RTOs); ACE providers; universities and private higher education institutions. This review is located in the schools, TAFE and ACE sectors upon the assumption that the vast majority of students who are in the most critical stages of career development and the the majority of those who most at risk in their career development are in the government schools, TAFE and ACE sectors.

The majority of full time school age students are in schools. At the national level amongst full time students 2.4 per cent of 16 year-olds and 4.7 per cent of 17 year-olds were enrolled in TAFE in 2006 (ABS, 2006 census). . However, there are a sizable number of school age students in TAFE and ACE providers and On Track data indicate that the vast majority of school students who are most at risk in post school transitions are located in the government school sector.

Table 1: Enrolment share of secondary school sectors (2008) Government 58.5

Catholic 21.4 Independent 20.1

ABS, Cat. No. 4221.0 - Schools, Australia, 2008

Each of these five sectors is subject to different governance arrangements.

Government schools are all under the jurisdiction of DEECD. While they have high degrees of devolved governance by international standards they can be subject to central directives and are part of regional management arrangements and the associated networks. This includes the Schools Accountability and Improvement Framework and the provision of an extensive and rapidly improving data set for all schools. Through DEECD they also are part of National Partnerships programs and directives. All government schools deliver the VCE and/or VCAL and are subject to the accreditation and awarding requirements of these awards. While they have considerable autonomy over their curricula they are subject to the requirements of the Victorian Essential Learning Standards (VELS) and their students undertake the NAPLAN tests.

Catholic schools are not under the jurisdiction of DEECD. However, to various degrees they are under the management jurisdictions of the Catholic Education office of the three dioceses in Victoria and the Victorian Catholic Education Commission. The Catholic schools also deliver the VCE and VCAL and have a strong history of participating in state and national initiatives, including the VELS and NAPLAN. They are not part of the government schools networks but several have joined with government schools in Trade Training Centre initiatives.

Independent schools have no formal governance overlays apart from those required through Commonwealth and State funding, regulation and accountability requirements. Most deliver the VCE and some deliver the VCAL. They also are subject to the requirements from National Partnership programs in which they participate.

TAFE institutes in Victoria are relatively autonomous by national standards and governed largely through the purchase agreements that they negotiate with DIIRD. The autonomy is reflected in the different patterns of provision for school age students across the institutes. As the survey of TAFE and ACE students indicate they offer a diverse range of courses and qualifications.

ACE providers have a similar and possibly greater degree of autonomy than that of the TAFE sector. They are part of regional networks managed by the office of the Adult, Community and Further Education (ACFE) Board and a large percentage of ACE provision is located within the TAFE sector.