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VOCATIONAL EDUCATION, TRAINING AND EMPLOYMENT AND OTHER LEGISLATION AMENDMENT BILL 2007

           Queensland



Vocational Education, Training
and Employment and Other
Legislation Amendment
Bill 2007

 


 

 

Queensland Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Part 2 Amendment of Vocational Education, Training and Employment Act 2000 2 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 Insertion of new ch 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Chapter 6A Statutory TAFE institutes Part 1 Preliminary 218 Purpose of ch 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Part 2 Establishment of statutory TAFE institutes Division 1 Establishment 218A Establishing statutory TAFE institutes . . . . . . . . . . . . 11 218B Statutory TAFE institute is body corporate . . . . . . . . . 11 218C Statutory TAFE institute represents the State . . . . . . 11 218D Statutory TAFE institute is not a TAFE institute . . . . . 11 Division 2 Functions and powers 218E Functions of a statutory TAFE institute. . . . . . . . . . . . 12 218F Powers of a statutory TAFE institute. . . . . . . . . . . . . . 13 218G Statutory TAFE institute may enter into work performance arrangements . . . . . . . . . . . . . . . . . . . . 14 218H Delegation by statutory TAFE institute . . . . . . . . . . . . 14 Division 3 Other matters 218I Changing corporate name of statutory TAFE institute 15 218J Statutory TAFE institute is a statutory body . . . . . . . . 15 Part 3 Accountability of statutory TAFE institutes

 


 

2 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 Division 1 Operational plans 218K Purpose of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 218L Requirement to comply with operational plan . . . . . . 16 218M Content of operational plan . . . . . . . . . . . . . . . . . . . . 16 218N Preparation of draft operational plan . . . . . . . . . . . . . 17 218O Special procedures for draft operational plans . . . . . . 18 218P When draft operational plan has effect. . . . . . . . . . . . 18 218Q Operational plan pending agreement . . . . . . . . . . . . . 19 218R Amendment of operational plan . . . . . . . . . . . . . . . . . 19 Division 2 Agreements with chief executive 218S Agreement for each financial year . . . . . . . . . . . . . . . 19 218T Preparation of agreement. . . . . . . . . . . . . . . . . . . . . . 20 Division 3 Reporting requirements 218U Notice of proposed significant action . . . . . . . . . . . . . 22 218V Minister may require information . . . . . . . . . . . . . . . . 23 Division 4 Dividends payable by statutory TAFE institutes 218W Payment of dividends . . . . . . . . . . . . . . . . . . . . . . . . . 23 218X Interim dividends . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 218Y Dividend payment for financial year in which TAFE institute becomes a statutory TAFE institute . . . . . . . 25 218Z Interim dividend for financial year in which TAFE institute becomes a statutory TAFE institute . . . . . . . 25 Division 5 Reserve powers of Minister 219 Minister's power to notify statutory TAFE institute of public sector policies . . . . . . . . . . . . . . . . . . . . . . . . . 26 219A Minister's power to give directions in public interest . . 26 219B Notice of suspected insolvency because of notice or direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Part 4 Board of statutory TAFE institute Division 1 Board's functions 219C Board of a statutory TAFE institute. . . . . . . . . . . . . . . 28 219D Functions of a board. . . . . . . . . . . . . . . . . . . . . . . . . . 28 Division 2 Appointment etc. of board 219E Composition of board . . . . . . . . . . . . . . . . . . . . . . . . . 28 219F Conditions of appointment of members of board . . . . 29 219G Term of appointment of members of board . . . . . . . . 29 219H Administration of statutory TAFE institute. . . . . . . . . . 30

 


 

3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 219I Chairperson of board . . . . . . . . . . . . . . . . . . . . . . . . . 30 219J Deputy chairperson of board . . . . . . . . . . . . . . . . . . . 31 219K Disqualification from membership of board . . . . . . . . 31 219L Report about person's criminal history . . . . . . . . . . . . 33 219M Criminal history is confidential document . . . . . . . . . . 33 219N Requirement to disclose changes in criminal history . 34 219O Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 219P Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 219Q Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . 35 219R Duty to act in statutory TAFE institute's interest . . . . . 36 Division 3 Board business 219S Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . 37 219T Time and place of meetings . . . . . . . . . . . . . . . . . . . . 37 219U Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . 37 219V Quorum for meetings . . . . . . . . . . . . . . . . . . . . . . . . . 37 219W Attendance of executive officer at board meetings. . . 38 219X Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . 38 219Y Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Division 4 Committees of a board 219Z Committees for certain purposes . . . . . . . . . . . . . . . . 39 220 Other matters about statutory committees . . . . . . . . . 40 220A Other committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 220B Remuneration of committee members . . . . . . . . . . . . 41 Division 5 Removal of board 220C Removal of statutory TAFE institute's board. . . . . . . . 41 Part 5 Executive officer of statutory TAFE institute 220D Statutory TAFE institute's executive officer. . . . . . . . . 42 220E Duties of executive officer. . . . . . . . . . . . . . . . . . . . . . 42 220F Things done by executive officer . . . . . . . . . . . . . . . . 42 220G Delegation by executive officer. . . . . . . . . . . . . . . . . . 43 220H Appointment of acting executive officer . . . . . . . . . . . 43 220I Resignation of executive officer . . . . . . . . . . . . . . . . . 43 220J Termination of executive officer's appointment . . . . . . 43 Part 6 Amalgamating or dissolving statutory TAFE institutes Division 1 Preliminary

 


 

4 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 220K Definitions for pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Division 2 Amalgamation or dissolution 220L Amalgamating statutory TAFE institutes. . . . . . . . . . . 44 220M Dissolving a statutory TAFE institute . . . . . . . . . . . . . 45 Division 3 Effect of amalgamation or dissolution 220N References to former statutory TAFE institute . . . . . . 45 220O Student enrolments . . . . . . . . . . . . . . . . . . . . . . . . . . 45 220P Vesting of assets, rights and liabilities . . . . . . . . . . . . 46 220Q Continuing legal proceedings . . . . . . . . . . . . . . . . . . . 46 Part 7 Miscellaneous provisions 220R Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 220S Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 46 220T Review of operation of a statutory TAFE institute. . . . 47 220U Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . 47 220V Chief executive's functions for statutory TAFE institutes ............................. 47 220W Preservation of rights in relation to public service employees .............................. 48 220X Secondment as employee of statutory TAFE institute 48 Part 8 Other provisions about change to statutory TAFE institute 220Y Definitions for pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 220Z Transfer of assets, liabilities etc. to statutory TAFE institute ............................ 50 220ZA References to former TAFE institute. . . . . . . . . . . . . . 51 220ZB Dissolution of TAFE institute council . . . . . . . . . . . . . 51 220ZC Applications made by former TAFE institute. . . . . . . . 51 4 Amendment of s 282 (Disclosure of interests by member of disclosure body) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 5 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 52 Part 3 Amendment of Libraries Act 1988 6 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 7 Amendment of s 2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . 53 8 Replacement of s 13 (Appointment of State librarian) . . . . . . . . . 54 13 Appointment of State librarian . . . . . . . . . . . . . . . . . . 54 13A Minister to obtain board's approval. . . . . . . . . . . . . . . 54 13B State librarian is employee of the board . . . . . . . . . . . 54 9 Insertion of new pt 10, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

 


 

5 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 Division 3 Transitional provisions for Vocational Education, Training and Employment and Other Legislation Amendment Act 2007 95 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 96 Conditions on which present librarian holds office . . . 55 97 Current conditions may be amended . . . . . . . . . . . . . 56 98 No compensation payable . . . . . . . . . . . . . . . . . . . . . 56 Part 4 Amendment of Queensland Art Gallery Act 1987 10 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 11 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 56 12 Replacement of s 12 (Appointment of director) . . . . . . . . . . . . . . 57 12 Appointment of director . . . . . . . . . . . . . . . . . . . . . . . 57 12A Minister to obtain board's approval. . . . . . . . . . . . . . . 57 12B Director is employee of the board. . . . . . . . . . . . . . . . 57 13 Insertion of new pt 7, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Division 3 Transitional provisions for Vocational Education, Training and Employment and Other Legislation Amendment Act 2007 76 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 77 Conditions on which present director holds office . . . 58 78 Current conditions may be amended . . . . . . . . . . . . . 59 79 No compensation payable . . . . . . . . . . . . . . . . . . . . . 59 Part 5 Amendment of Queensland Museum Act 1970 14 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 15 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 59 16 Replacement of s 35 (Appointment of director) . . . . . . . . . . . . . . 60 35 Appointment of director . . . . . . . . . . . . . . . . . . . . . . . 60 35A Minister to obtain board's approval. . . . . . . . . . . . . . . 60 35B Director is employee of the board. . . . . . . . . . . . . . . . 60 17 Insertion of new pt 7, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Division 3 Transitional provisions for Vocational Education, Training and Employment and Other Legislation Amendment Act 2007 77 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 78 Conditions on which present director holds office . . . 61 79 Current conditions may be amended . . . . . . . . . . . . . 62 80 No compensation payable . . . . . . . . . . . . . . . . . . . . . 62

 


 

6 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 Part 6 Amendment of Queensland Performing Arts Trust Act 1977 18 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 19 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 62 20 Replacement of s 32 (Director) . . . . . . . . . . . . . . . . . . . . . . . . . . 63 32 Appointment of director . . . . . . . . . . . . . . . . . . . . . . . 63 32A Minister to obtain trust's approval . . . . . . . . . . . . . . . . 63 32B Director is employee of the trust. . . . . . . . . . . . . . . . . 63 21 Insertion of new pt 8, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 63 22 Amendment of s 67 (Definition for pt 8) . . . . . . . . . . . . . . . . . . . . 63 23 Insertion of new pt 8, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Division 2 Transitional provisions for Vocational Education, Training and Employment and Other Legislation Amendment Act 2007 69 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 70 Conditions on which present director holds office . . . 64 71 Current conditions may be amended . . . . . . . . . . . . . 65 72 No compensation payable . . . . . . . . . . . . . . . . . . . . . 65 Part 7 Amendment of Queensland Theatre Company Act 1970 24 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 25 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 65 26 Replacement of s 31 (Director) . . . . . . . . . . . . . . . . . . . . . . . . . . 66 31 Appointment of director . . . . . . . . . . . . . . . . . . . . . . . 66 31A Minister to obtain theatre company's approval . . . . . . 66 31B Director is employee of the theatre company . . . . . . . 66 27 Insertion of new pt 8, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 67 28 Amendment of s 68 (Definition for pt 8) . . . . . . . . . . . . . . . . . . . . 67 29 Insertion of new pt 8, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Division 2 Transitional provisions for Vocational Education, Training and Employment and Other Legislation Amendment Act 2007 71 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 72 Conditions on which present director holds office . . . 68 73 Current conditions may be amended . . . . . . . . . . . . . 68 74 No compensation payable . . . . . . . . . . . . . . . . . . . . . 68 Part 8 Amendment of other Acts 30 Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Schedule Consequential and minor amendments of other Acts . . . . . 70

 


 

7 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 Biodiscovery Act 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Building Act 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Charitable and Non-Profit Gaming Act 1999 . . . . . . . . . . . . . . . . 70 Criminal Law (Rehabilitation of Offenders) Act 1986 . . . . . . . . . . 71 Education (Accreditation of Non-State Schools) Act 2001 . . . . . . 71 Education (General Provisions) Act 2006. . . . . . . . . . . . . . . . . . . 71 Education (Overseas Students) Act 1996 . . . . . . . . . . . . . . . . . . 72 Education (Queensland Studies Authority) Act 2002 . . . . . . . . . . 73 Education (Work Experience) Act 1996 . . . . . . . . . . . . . . . . . . . . 73 Plumbing and Drainage Act 2002. . . . . . . . . . . . . . . . . . . . . . . . . 74 Public Sector Ethics Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Whistleblowers Protection Act 1994 . . . . . . . . . . . . . . . . . . . . . . . 74

 


 

 

2007 A Bill for An Act to amend the Vocational Education, Training and Employment Act 2000 and other Acts

 


 

s1 10 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Vocational Education, Training 4 and Employment and Other Legislation Amendment Act 2007. 5 Part 2 Amendment of Vocational 6 Education, Training and 7 Employment Act 2000 8 Clause 2 Act amended in pt 2 9 This part amends the Vocational Education, Training and 10 Employment Act 2000. 11 Clause 3 Insertion of new ch 6A 12 After chapter 6-- 13 insert-- 14 `Chapter 6A Statutory TAFE institutes 15 `Part 1 Preliminary 16 `218 Purpose of ch 6A 17 `The purpose of this chapter is to provide a framework for the 18 establishment and operation of statutory TAFE institutes. 19

 


 

s3 11 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 `Part 2 Establishment of statutory 1 TAFE institutes 2 `Division 1 Establishment 3 `218A Establishing statutory TAFE institutes 4 `(1) A regulation may establish as a statutory TAFE institute-- 5 (a) a TAFE institute; or 6 (b) part of a TAFE institute; or 7 (c) a combination of TAFE institutes, parts of TAFE 8 institutes, or both. 9 `(2) The regulation must state the corporate name of the statutory 10 TAFE institute. 11 Note-- 12 See part 8 for provisions relating to the transition from a TAFE institute 13 to a statutory TAFE institute. 14 `218B Statutory TAFE institute is body corporate 15 `A statutory TAFE institute-- 16 (a) is a body corporate; and 17 (b) has a seal; and 18 (c) may sue and be sued in its corporate name. 19 `218C Statutory TAFE institute represents the State 20 `(1) A statutory TAFE institute represents the State. 21 `(2) Without limiting subsection (1), a statutory TAFE institute has 22 all the State's privileges and immunities. 23 `218D Statutory TAFE institute is not a TAFE institute 24 `If a statutory TAFE institute is established under this part-- 25

 


 

s3 12 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 (a) the statutory TAFE institute stops being a TAFE institute 1 or part of a TAFE institute; and 2 (b) the provisions of chapter 6 do not apply to the statutory 3 TAFE institute. 4 `Division 2 Functions and powers 5 `218E Functions of a statutory TAFE institute 6 `(1) A statutory TAFE institute has the following functions-- 7 (a) to provide vocational education and training services; 8 (b) to produce and sell vocational education and training 9 products and services and other products and services 10 connected with statutory TAFE institutes; 11 (c) to prepare, publish, distribute or license the use of 12 literary or artistic work, audio or audiovisual material, 13 or computer software; 14 (d) to exploit commercially-- 15 (i) statutory TAFE institute resources, including any 16 study, research or knowledge; or 17 (ii) the practical application of any study, research or 18 knowledge; 19 (e) to undertake research and development related to a 20 function of the statutory TAFE institute; 21 (f) to provide adult community education or post 22 compulsory general education; 23 (g) to perform other functions given to the institute under 24 this or another Act. 25 `(2) Without limiting subsection (1)(a), the reference in that 26 provision to vocational education and training services 27 includes a reference to vocational education and training 28 services for young people in the compulsory participation 29 phase. 30

 


 

s3 13 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 `(3) In performing its functions, the key objectives of a statutory 1 TAFE institute are-- 2 (a) to be commercially successful in carrying on its 3 activities; and 4 (b) to be efficient and effective in providing vocational 5 education and training services, including vocational 6 education and training services provided-- 7 (i) under an agreement with the chief executive under 8 section 218S; or 9 (ii) as community service obligations. 10 `(4) The commercial success, efficiency and effectiveness of a 11 statutory TAFE institute are to be measured against its 12 financial and non-financial performance targets stated in its 13 operational plan. 14 `218F Powers of a statutory TAFE institute 15 `(1) A statutory TAFE institute has all the powers of an individual 16 and may, for example-- 17 (a) enter into arrangements, agreements and contracts; and 18 (b) acquire, hold, deal with and dispose of property; and 19 (c) appoint agents and attorneys; and 20 (d) engage consultants; and 21 (e) fix charges for services and facilities it supplies and the 22 terms on which they are supplied; and 23 (f) do anything else necessary or convenient to be done for, 24 or in connection with, the performance of its functions 25 under this or another Act. 26 `(2) A statutory TAFE institute also has the powers conferred on it 27 by this or another Act. 28 `(3) A statutory TAFE institute may exercise its powers both 29 inside and outside Queensland. 30 `(4) Without limiting subsection (3), a statutory TAFE institute 31 may exercise its powers outside Australia. 32

 


 

s3 14 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 `218G Statutory TAFE institute may enter into work 1 performance arrangements 2 `(1) A statutory TAFE institute may enter into, and give effect to, a 3 work performance arrangement with-- 4 (a) the chief executive of a department; or 5 (b) the appropriate authority of another government entity. 6 `(2) A work performance arrangement may make provision for all 7 matters necessary or convenient to be provided under the 8 arrangement. 9 `(3) For example, a work performance arrangement may provide 10 for-- 11 (a) the appointment of a person to an office, and the holding 12 of the office by the person, for the arrangement; and 13 (b) the authorising of a person to exercise powers for the 14 arrangement; and 15 (c) whether payment is to be made for work done under the 16 arrangement and, if so, what payment is to be made and 17 who is to make the payment. 18 `(4) A person performing work for a statutory TAFE institute 19 under a work performance arrangement entered into under 20 subsection (1)-- 21 (a) is not, and can not be, employed by the institute; and 22 (b) remains an employee of the department or other 23 government entity whose appropriate authority is a party 24 to the arrangement. 25 `218H Delegation by statutory TAFE institute 26 `(1) A statutory TAFE institute may, in writing, delegate its 27 powers to-- 28 (a) a member of the institute's board; or 29 (b) the institute's executive officer; or 30 (c) an appropriately qualified employee of a department or 31 other government entity performing work for the 32 institute under a work performance arrangement; or 33

 


 

s3 15 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 (d) an appropriately qualified employee of the institute. 1 `(2) In subsection (1)-- 2 appropriately qualified includes having the qualifications, 3 experience or standing appropriate to exercise the power. 4 Example of standing-- 5 a person's seniority in an entity 6 `Division 3 Other matters 7 `218I Changing corporate name of statutory TAFE institute 8 `(1) A regulation may change the corporate name of a statutory 9 TAFE institute. 10 `(2) A regulation under subsection (1) does not affect the legal 11 personality of the institute whose corporate name is changed. 12 `(3) Unless a contrary intention appears, a reference in an Act or 13 document to the institute by its former corporate name is 14 taken to be a reference to the institute by its new corporate 15 name. 16 `218J Statutory TAFE institute is a statutory body 17 `(1) A statutory TAFE institute is a statutory body under-- 18 (a) the Financial Administration and Audit Act 1977; and 19 (b) the Statutory Bodies Financial Arrangements Act 1982. 20 `(2) The Statutory Bodies Financial Arrangements Act 1982, part 21 2B, sets out the way in which a statutory TAFE institute's 22 powers under this Act are affected by the Statutory Bodies 23 Financial Arrangements Act 1982. 24

 


 

s3 16 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 `Part 3 Accountability of statutory 1 TAFE institutes 2 `Division 1 Operational plans 3 `218K Purpose of div 1 4 `(1) The purpose of this division is to provide for requirements for 5 a statutory TAFE institute's operational plan and for 6 compliance with the plan. 7 `(2) The requirements stated in this division apply in addition to 8 the requirements for the plan under the Financial 9 Administration and Audit Act 1977. 10 `(3) If there is an inconsistency between a requirement under this 11 division and a requirement under the Financial 12 Administration and Audit Act 1977, a requirement under this 13 division prevails to the extent of the inconsistency. 14 `218L Requirement to comply with operational plan 15 `A statutory TAFE institute must comply with its operational 16 plan for a financial year. 17 `218M Content of operational plan 18 `A statutory TAFE institute's operational plan must include, 19 for the financial year to which it relates, the following 20 matters-- 21 (a) an outline of the institute's objectives; 22 (b) the institute's financial and non-financial performance 23 targets for its functions; 24 (c) performance indicators for the performance targets; 25 (d) an outline of the nature and scope of the activities 26 proposed to be undertaken by the institute during the 27 financial year; 28

 


 

s3 17 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 (e) an outline of the major investments and borrowings 1 proposed to be undertaken by the institute; 2 (f) an outline of the institute's policies about managing the 3 risk associated with investments or borrowings that may 4 adversely affect the institute's financial position; 5 (g) the community service obligations the institute must 6 perform during the financial year; 7 (h) an outline of the arrangements for people performing 8 work for the institute whether under work performance 9 arrangements or as employees of the institute; 10 (i) the information required to be given to the Minister by 11 the institute during the financial year and when the 12 information is to be given; 13 (j) any other matter relevant to the institute's functions and 14 required to be included in the operational plan by the 15 Minister. 16 `218N Preparation of draft operational plan 17 `(1) A statutory TAFE institute must prepare, and give to the 18 Minister for the Minister's agreement, a draft operational plan 19 for each financial year. 20 `(2) The draft operational plan must be given to the Minister-- 21 (a) for the first draft operational plan--within 1 month after 22 the statutory TAFE institute is established; or 23 (b) for a later draft operational plan--at least 2 months 24 before the start of the financial year to which it relates. 25 `(3) The institute and the Minister must try to reach agreement-- 26 (a) for the first draft operational plan--as soon as possible; 27 or 28 (b) for a later draft operational plan--not later than 1 month 29 before the start of the financial year to which it relates. 30 `(4) In this section-- 31 first draft operational plan, for a statutory TAFE institute, 32 means-- 33

 


 

s3 18 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 (a) if the institute is established within 3 months before the 1 end of a financial year--the draft operational plan for 2 the period from the day the institute is established until 3 the end of the following financial year; or 4 (b) otherwise--the draft operational plan for the period 5 from the day the institute is established until the end of 6 the financial year in which it is established. 7 later draft operational plan, for a statutory TAFE institute, 8 means a draft operational plan for a financial year other than a 9 financial year to which the first draft operational plan relates. 10 `218O Special procedures for draft operational plans 11 `(1) The Minister may return a draft operational plan to a statutory 12 TAFE institute and ask the institute-- 13 (a) to consider, or further consider, any matter and deal with 14 the matter in the draft plan; and 15 (b) to revise the draft plan having regard to its consideration 16 or further consideration. 17 `(2) The institute must immediately comply with the request. 18 `(3) Subsection (4) applies if a draft plan has not been agreed to by 19 the Minister-- 20 (a) for an institute's first operational plan--within 2 months 21 after the institute is established; or 22 (b) for a later operational plan--by 1 month before the start 23 of the financial year to which it relates. 24 `(4) The Minister may, by written notice, direct the institute-- 25 (a) to take specified steps in relation to the draft plan; or 26 (b) to make specified modifications of the draft plan. 27 `(5) The institute must immediately comply with the direction. 28 `218P When draft operational plan has effect 29 `(1) When a statutory TAFE institute's draft operational plan is 30 agreed to by the Minister, the draft operational plan becomes 31

 


 

s3 19 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 the institute's operational plan for the financial year to which 1 the plan relates. 2 `(2) The Minister's agreement to the plan may be subject to the 3 conditions the Minister considers appropriate. 4 `218Q Operational plan pending agreement 5 `(1) This section applies if a draft operational plan has not been 6 agreed to by the Minister-- 7 (a) for an institute's first operational plan--within 2 months 8 after the institute is established; or 9 (b) for a later operational plan--by the start of the financial 10 year to which it relates. 11 `(2) The draft plan submitted, or last submitted, by the institute to 12 the Minister, with any modifications made by the institute at 13 the direction of the Minister, whether before or after that time, 14 is taken to be the institute's operational plan. 15 `(3) Subsection (2) applies until a draft operational plan becomes 16 the institute's operational plan under section 218P. 17 `218R Amendment of operational plan 18 `(1) A statutory TAFE institute may amend its operational plan 19 only with the written agreement of the Minister. 20 `(2) The Minister may, by written notice, direct the institute to 21 amend its operational plan. 22 `(3) The Minister's agreement to an amendment of the plan may 23 be subject to the conditions the Minister considers 24 appropriate. 25 `Division 2 Agreements with chief executive 26 `218S Agreement for each financial year 27 `(1) A statutory TAFE institute must, for each financial year, enter 28 into an agreement with the chief executive. 29

 


 

s3 20 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 `(2) The agreement and the institute's operational plan must be 1 consistent. 2 `(3) The agreement must include the following-- 3 (a) arrangements to enable the chief executive to monitor 4 and assess the institute's progress towards achieving its 5 performance targets; 6 (b) the institute's obligations to deliver vocational education 7 and training services to the State; 8 (c) arrangements for the institute's performance of its 9 community service obligations; 10 (d) arrangements for the institute's participation in the 11 department's operating, information and data 12 management systems and compliance with public sector 13 policies; 14 (e) the information, including financial information, the 15 institute is required to provide to the chief executive 16 during the financial year and when and how it is to be 17 provided; 18 (f) the way in which the agreement may be varied. 19 `(4) The agreement, to the extent it deals with matters mentioned 20 in subsection (3)(b) and (d), may cover a period of up to 3 21 years. 22 `218T Preparation of agreement 23 `(1) A statutory TAFE institute must enter into negotiations with 24 the chief executive for an agreement under section 218S-- 25 (a) for the first agreement--within 1 month after the 26 institute is established; or 27 (b) for a later agreement--not later than 2 months before 28 the start of the financial year to which the agreement 29 relates. 30 `(2) The institute and the chief executive must try to reach 31 agreement-- 32 (a) for the first agreement--as soon as possible; or 33

 


 

s3 21 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 (b) for a later agreement--not later than the start of the 1 financial year to which the agreement relates. 2 `(3) Subsections (4) to (7) apply if agreement has not been 3 reached-- 4 (a) for the first agreement--within 2 months after the 5 institute is established; or 6 (b) for a later agreement--by 1 month before the start of the 7 financial year to which the agreement relates. 8 `(4) The chief executive must immediately inform the Minister 9 that agreement has not been reached. 10 `(5) The Minister may, by written notice, direct the institute or the 11 chief executive to take specified steps for reaching agreement. 12 `(6) Without limiting subsection (5), the direction may be about 13 the terms of the agreement. 14 `(7) The institute and the chief executive must immediately 15 comply with the direction. 16 `(8) In this section-- 17 first agreement, for a statutory TAFE institute, means-- 18 (a) if the institute is established within 3 months before the 19 end of a financial year--the agreement for the period 20 from the day the institute is established until the end of 21 the following financial year; or 22 (b) otherwise--the agreement for the period from the day 23 the institute is established until the end of the financial 24 year in which it is established. 25 later agreement, for a statutory TAFE institute, means an 26 agreement for a financial year other than a financial year to 27 which the first agreement relates. 28

 


 

s3 22 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 `Division 3 Reporting requirements 1 `218U Notice of proposed significant action 2 `(1) This section applies if a statutory TAFE institute proposes 3 to-- 4 (a) do anything that may prevent, or have a significant 5 adverse effect on, the institute performing its functions; 6 or 7 (b) do anything that may have a significant adverse effect 8 on-- 9 (i) the institute's ability to meet its obligations under 10 its operational plan; or 11 (ii) something in or done under the institute's 12 agreement with the chief executive under division 13 2; or 14 (c) buy or sell property for more than the amount prescribed 15 under a regulation; or 16 (d) enter into an arrangement for the supply of vocational 17 education and training services for more than the 18 amount prescribed under a regulation; or 19 (e) enter into any other arrangement-- 20 (i) to generate revenue of more than the amount 21 prescribed under a regulation; or 22 (ii) that commits to spending more than the amount 23 prescribed under a regulation. 24 `(2) Before doing anything (the proposed significant action) 25 mentioned in subsection (1), and as soon as practicable after 26 proposing to do it, the statutory TAFE institute must give the 27 Minister notice of the proposed significant action. 28 `(3) A statutory TAFE institute is not required to comply with 29 subsection (2) if, before taking the proposed significant 30 action, the institute includes details of the proposed significant 31 action in its operational plan. 32

 


 

s3 23 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 `218V Minister may require information 1 `(1) The Minister may, by notice given to a statutory TAFE 2 institute, require the institute to give the Minister information 3 about the performance of its functions under this Act. 4 `(2) The notice must state the day by which the information must 5 be given. 6 `(3) The institute must give the information to the Minister by the 7 stated day. 8 `(4) Without limiting subsection (1), a requirement to give 9 information may include a requirement to produce a 10 document for inspection by the Minister. 11 `Division 4 Dividends payable by statutory 12 TAFE institutes 13 `218W Payment of dividends 14 `(1) A statutory TAFE institute must advise the Minister of the 15 recommendation the institute is likely to make under 16 subsection (3), having regard to the information available to 17 the institute. 18 `(2) The institute must comply with subsection (1)-- 19 (a) if paragraph (b) does not apply--within 1 month after 20 the end of each financial year; or 21 (b) if, for a particular financial year, the Minister has 22 extended the period to a period not longer than 3 months 23 after the end of the financial year--within the extended 24 period. 25 `(3) Within 4 months after the end of each financial year, the 26 institute must recommend to the Minister that, for the 27 financial year, the institute-- 28 (a) pay a specified dividend to the State; or 29 (b) not pay a dividend. 30 `(4) The institute must consult with the Minister before making the 31 recommendation. 32

 


 

s3 24 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 `(5) Within 1 month after receiving the recommendation, the 1 Minister must either-- 2 (a) approve the recommendation; or 3 (b) direct the payment to the State of a specified dividend. 4 `(6) The dividend for a financial year must not exceed the 5 institute's profits for the financial year, after-- 6 (a) provision has been made for income tax or its 7 equivalent; and 8 (b) any unrealised capital gains from upwards revaluation of 9 non-current assets have been excluded. 10 `(7) The dividend for a financial year must be paid-- 11 (a) if paragraph (b) does not apply--within 6 months after 12 the end of the financial year; or 13 (b) if the Minister has allowed a longer period--within the 14 longer period. 15 `218X Interim dividends 16 `(1) The Minister, at any time after 1 January in a financial year, 17 may require a statutory TAFE institute to make a 18 recommendation about the payment of interim amounts to the 19 State, including when the amounts are to be paid, on account 20 of the dividend that may become payable under section 218W 21 for the financial year. 22 `(2) Within 1 month after receiving notice of the requirement, the 23 institute must make a recommendation to the Minister. 24 `(3) The Minister must, within 1 month after receiving the 25 recommendation, either-- 26 (a) approve the recommendation; or 27 (b) direct the payment, at specified times, of specified 28 amounts, on account of the dividend that may become 29 payable for the financial year. 30 `(4) A direction under subsection (3)(b) must not direct the 31 payment of an amount that exceeds the institute's estimated 32 profit for the first 6 months of the financial year, after-- 33

 


 

s3 25 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 (a) provision has been made for income tax or its 1 equivalent; and 2 (b) any unrealised capital gains from upwards revaluation of 3 non-current assets have been excluded. 4 `218Y Dividend payment for financial year in which TAFE 5 institute becomes a statutory TAFE institute 6 `For applying section 218W to a TAFE institute for the 7 financial year in which it became a statutory TAFE institute, a 8 dividend payable by the institute is payable for, at the 9 discretion of the Minister-- 10 (a) the whole financial year; or 11 (b) the part of the financial year for which it was a statutory 12 TAFE institute. 13 `218Z Interim dividend for financial year in which TAFE 14 institute becomes a statutory TAFE institute 15 `(1) For applying section 218X to a TAFE institute for the 16 financial year in which it becomes a statutory TAFE 17 institute-- 18 (a) the period (the applicable period) in relation to which 19 an interim dividend is payable is, at the discretion of the 20 Minister-- 21 (i) the first 6 months of the financial year; or 22 (ii) the part of the 6 months for which it was a statutory 23 TAFE institute; and 24 (b) the Minister must, when acting under section 218X(1) to 25 require the institute to make a recommendation, also 26 notify the institute of the applicable period. 27 `(2) An applicable period decided under subsection (1) for 28 payment of an interim dividend does not limit the period that 29 may be decided under section 218Y(a) for payment of a 30 dividend. 31

 


 

s3 26 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 `Division 5 Reserve powers of Minister 1 `219 Minister's power to notify statutory TAFE institute of 2 public sector policies 3 `(1) The Minister may give a statutory TAFE institute notice of a 4 public sector policy that is to apply to the institute if the 5 Minister is satisfied it is necessary to give the notice in the 6 public interest. 7 `(2) The institute must comply with the policy. 8 `(3) Before giving the notice, the Minister must-- 9 (a) consult with the institute; and 10 (b) ask the institute to advise whether, in its opinion, 11 complying with the policy would not be in its financial 12 interest. 13 `219A Minister's power to give directions in public interest 14 `(1) The Minister may give a statutory TAFE institute a written 15 direction if the Minister is satisfied it is necessary to give the 16 direction in the public interest. 17 `(2) The institute must comply with the direction. 18 `(3) Before giving the direction, the Minister must-- 19 (a) consult with the institute; and 20 (b) ask the institute to advise whether, in its opinion, 21 complying with the direction would not be in its 22 financial interest. 23 `219B Notice of suspected insolvency because of notice or 24 direction 25 `(1) This section applies if-- 26 (a) a statutory TAFE institute is given a notice about a 27 public sector policy (a public sector policy notice) or 28 direction under this division; and 29

 


 

s3 27 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 (b) the institute suspects that it will or may become 1 insolvent; and 2 (c) in the institute's opinion, the cause or a substantial cause 3 of the suspected insolvency would be compliance with 4 the public sector policy notice or direction. 5 `(2) The institute must immediately give the Minister notice of the 6 suspicion and its reasons for the opinion. 7 `(3) The notice must state that it is given under this section. 8 `(4) The giving of the notice operates to suspend the public sector 9 policy notice or direction until-- 10 (a) the Minister gives the institute written advice that the 11 Minister is not satisfied that-- 12 (i) the institute's suspicion mentioned in subsection 13 (1)(b) is well-founded; or 14 (ii) the institute's opinion mentioned in subsection 15 (1)(c) is justified; or 16 (b) the public sector policy notice or direction is revoked. 17 `(5) If the institute was given a public sector policy notice or a 18 direction, and the Minister is satisfied that the institute's 19 suspicion is well-founded, the Minister must immediately-- 20 (a) if the Minister is also satisfied that the institute's opinion 21 is justified--revoke the public sector policy notice or 22 direction; and 23 (b) in any case--give the institute the written directions the 24 Minister considers necessary or desirable, including any 25 directions necessary or desirable to ensure-- 26 (i) the institute does not incur further debts; or 27 (ii) the institute will be able to pay all its debts as and 28 when they become due. 29 `(6) Without limiting subsection (5), a direction under this section 30 may require the institute to stop or limit particular activities. 31 `(7) The institute must comply with a direction under this section. 32

 


 

s3 28 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 `Part 4 Board of statutory TAFE 1 institute 2 `Division 1 Board's functions 3 `219C Board of a statutory TAFE institute 4 `A statutory TAFE institute must have a board. 5 `219D Functions of a board 6 `(1) The board of a statutory TAFE institute is the governing body 7 of the institute. 8 `(2) The board has the following functions-- 9 (a) to ensure the institute operates in accordance with its 10 operational plan and its agreement with the chief 11 executive under section 218S and, as far as possible, 12 achieves the performance targets and objectives stated in 13 the operational plan; 14 (b) to account to the Minister and the chief executive for the 15 institute's performance as required under this or another 16 Act; 17 (c) to ensure the institute otherwise performs its functions 18 and exercises its powers in a proper, effective and 19 efficient way. 20 `(3) Anything done in the name of, or for, a statutory TAFE 21 institute by the institute's board is taken to have been done by 22 the institute. 23 `Division 2 Appointment etc. of board 24 `219E Composition of board 25 `(1) The board of a statutory TAFE institute consists of not more 26 than 12 persons-- 27

 


 

s3 29 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 (a) nominated by the Minister; and 1 (b) appointed by the Governor in Council. 2 `(2) The Minister's nominees must have the qualifications, skills, 3 experience or standing the Minister considers appropriate for 4 membership of the board having regard to-- 5 (a) a statutory TAFE institute's functions under this Act; 6 and 7 (b) the role of the board as the institute's governing body. 8 `(3) The executive officer of a statutory TAFE institute may not be 9 appointed as a member of the institute's board. 10 `219F Conditions of appointment of members of board 11 `(1) A member of a statutory TAFE institute's board is to be paid 12 the remuneration and allowances decided by the Governor in 13 Council. 14 `(2) A member of a board holds office on the conditions not 15 provided for by this Act that are decided by the Governor in 16 Council. 17 `219G Term of appointment of members of board 18 `(1) A member of a statutory TAFE institute's board is appointed 19 for the term, of not more than 4 years, stated in the member's 20 instrument of appointment. 21 `(2) However, the Minister may extend the member's term of 22 appointment until the earlier of the following-- 23 (a) the member's successor is appointed; 24 (b) one year after the member's term would have expired 25 under the member's instrument of appointment. 26 `(3) If a person is appointed to fill a casual vacancy in the office of 27 a member, the person is appointed only for the remainder of 28 the member's term of office. 29 `(4) A member of a board is eligible for reappointment to the 30 board. 31

 


 

s3 30 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 `219H Administration of statutory TAFE institute 1 `(1) The Minister may appoint the chief executive to administer a 2 statutory TAFE institute until the institute's first board is 3 appointed. 4 `(2) Subsection (3) applies if-- 5 (a) the Governor in Council removes all the members of an 6 institute's board from office; or 7 (b) for another reason, there are no members comprising an 8 institute's board. 9 `(3) The Minister may appoint either of the following persons to 10 administer the institute until a board is appointed for the 11 institute-- 12 (a) the chief executive; 13 (b) another person the Minister considers has the necessary 14 qualifications and experience to administer the institute. 15 `219I Chairperson of board 16 `(1) The Governor in Council must appoint a member of a 17 statutory TAFE institute's board to be the chairperson of the 18 board. 19 `(2) A person may be appointed as the chairperson at the same 20 time as the person is appointed as a member. 21 `(3) The chairperson holds office for the term, ending not later 22 than the person's term of appointment as a member, stated in 23 the person's appointment as chairperson. 24 `(4) A vacancy occurs in the office of chairperson if the person 25 holding office-- 26 (a) resigns from office by giving notice of the resignation to 27 the Minister; or 28 (b) ceases to be a member of the board. 29 `(5) However, a person resigning the office of chairperson may 30 continue to be a member of the board. 31

 


 

s3 31 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 `219J Deputy chairperson of board 1 `(1) The board of a statutory TAFE institute must appoint a 2 member of the board, other than the chairperson, to be the 3 deputy chairperson of the board. 4 `(2) The deputy chairperson holds office for the term decided by 5 the board. 6 `(3) A vacancy occurs in the office of deputy chairperson if the 7 person holding office-- 8 (a) resigns from office by giving notice of the resignation to 9 the Minister; or 10 (b) ceases to be a member of the board. 11 `(4) However, a person resigning the office of deputy chairperson 12 may continue to be a member of the board. 13 `(5) The deputy chairperson is to act as chairperson-- 14 (a) during a vacancy in the office of chairperson; and 15 (b) during all periods when the chairperson is absent from 16 duty or, for another reason, can not perform the 17 functions of the office. 18 `219K Disqualification from membership of board 19 `(1) A person can not become, or continue as, a member of a 20 statutory TAFE institute's board if the person-- 21 (a) has a conviction for an indictable offence and the 22 conviction is not a spent conviction, unless the Minister 23 has given a notice or approval under subsection (4) in 24 relation to the conviction; or 25 (b) is an insolvent under administration, unless the Minister 26 has given a notice or approval under subsection (4) in 27 relation to the person being an insolvent under 28 administration; or 29 (c) is not able to manage a corporation because of the 30 Corporations Act, part 2D.6. 31

 


 

s3 32 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 `(2) Also, a person can not become a member of the board if the 1 person does not consent to the Minister requesting a report 2 about the person's criminal history under section 219L. 3 `(3) The Minister may act under subsection (4) if the Minister 4 considers it would be reasonable to do so having regard to-- 5 (a) the circumstances of the indictable offence of which a 6 person has been convicted; or 7 (b) the circumstances under which a person became an 8 insolvent under administration. 9 `(4) The Minister may-- 10 (a) if the person was a member when the person was 11 convicted or became an insolvent under administration, 12 and the term of the person's appointment as a member 13 of the board has not since ended, give notice to the 14 chairperson and the person that-- 15 (i) the person is restored as a member of the board; 16 and 17 (ii) the person may be later reappointed, despite the 18 conviction or being an insolvent under 19 administration; or 20 (b) otherwise--give written approval for the person to 21 become a member of the board despite the conviction or 22 being an insolvent under administration. 23 `(5) On the day the chairperson receives a notice under subsection 24 (4)(a)-- 25 (a) the person is restored as a member; and 26 (b) if another person has been appointed to fill the 27 vacancy--the other person's appointment ends. 28 `(6) If a person is restored as a member under subsection (5), the 29 person's term of appointment as a member ends when it 30 would have ended if the person had not been convicted of the 31 offence or become an insolvent under administration. 32

 


 

s3 33 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 `219L Report about person's criminal history 1 `(1) The Minister may make investigations about a person to 2 decide whether a person is disqualified from membership of a 3 statutory TAFE institute's board under section 219K. 4 `(2) Without limiting subsection (1), the Minister may ask the 5 commissioner of police for-- 6 (a) a written report about the person's criminal history; and 7 (b) a brief description of the circumstances of a conviction 8 mentioned in the criminal history. 9 `(3) The commissioner of police must comply with the request. 10 `(4) However, the Minister may make a request under subsection 11 (1) about a person who is not a member of the board only if 12 the person has given the Minister written consent for the 13 request. 14 `(5) The duty imposed on the commissioner of police to comply 15 with the request applies only to information in the 16 commissioner's possession or to which the commissioner has 17 access. 18 `(6) The Minister must ensure a report given to the Minister under 19 this section is destroyed as soon as practicable after it is no 20 longer needed for the purpose for which it was requested. 21 `219M Criminal history is confidential document 22 `(1) This section applies to a person who possesses a report, or 23 information contained in a report, given under section 219L, 24 because the person is, or was, an officer, employee or agent of 25 the department. 26 `(2) The person must not, directly or indirectly, disclose the report 27 or information to anyone else, unless the disclosure is 28 permitted under subsection (3). 29 Maximum penalty--100 penalty units. 30 `(3) The person may disclose the information to someone else-- 31 (a) to the extent necessary to perform the person's functions 32 under this Act; or 33

 


 

s3 34 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 (b) if the disclosure is authorised under this or another Act; 1 or 2 (c) if the disclosure is otherwise required or permitted by 3 law; or 4 (d) if the person to whom the information relates consents 5 to the disclosure; or 6 (e) if the disclosure is in a form that does not disclose the 7 identity of the person to whom the information relates; 8 or 9 (f) if the information is, or has been, lawfully accessible to 10 the public. 11 `219N Requirement to disclose changes in criminal history 12 `(1) If there is a change in the criminal history of a member of a 13 statutory TAFE institute's board, the member must, unless the 14 member has a reasonable excuse, immediately disclose the 15 change to the Minister. 16 Maximum penalty--100 penalty units. 17 `(2) For a member who does not have a criminal history, there is 18 taken to be a change in the member's criminal history if the 19 member acquires a criminal history. 20 `(3) To comply with subsection (1), the information disclosed by 21 the member about a conviction for an offence in the member's 22 criminal history must include the following-- 23 (a) the existence of the conviction; 24 (b) when the offence was committed; 25 (c) details adequate to identify the offence; 26 (d) whether or not a conviction was recorded; 27 (e) the sentence imposed on the member. 28 `219O Vacation of office 29 `(1) The office of a member of a statutory TAFE institute's board 30 becomes vacant if the member-- 31

 


 

s3 35 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 (a) resigns the member's office by signed notice of 1 resignation given to the Minister; or 2 (b) can not continue as a member under section 219K; or 3 (c) is absent, without the board's permission, from 3 4 consecutive meetings of which proper notice has been 5 given; or 6 (d) is removed from office by the Governor in Council 7 under subsection (3). 8 `(2) Subsection (1)(c) does not apply if the member is absent 9 under a leave of absence approved by the Minister under 10 section 219P. 11 `(3) The Governor in Council may remove a member from office if 12 the Minister is satisfied the member-- 13 (a) is incapable of properly discharging the functions of a 14 member of the board; or 15 (b) is performing the member's duties carelessly, 16 incompetently or inefficiently. 17 `219P Leave of absence 18 `(1) The Minister may approve a leave of absence for a member of 19 a statutory TAFE institute's board (the approved absent 20 member). 21 `(2) The Minister may appoint someone else to act in the office of 22 the approved absent member while the member is absent on 23 the leave. 24 `(3) The Minister's power to appoint a person to act in the office of 25 an approved absent member does not limit the Governor in 26 Council's power under the Acts Interpretation Act 1954, 27 section 25(1)(b)(v) to appoint a person to act in the office. 28 `219Q Disclosure of interests 29 `(1) This section applies to a member of a statutory TAFE 30 institute's board if-- 31

 


 

s3 36 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 (a) the member has a direct or indirect financial or personal 1 interest in a matter being considered, or about to be 2 considered, by the board; and 3 (b) the interest could conflict with the proper performance 4 of the member's duties about the consideration of the 5 matter. 6 `(2) As soon as practicable after the relevant facts come to the 7 member's knowledge, the member must disclose the nature of 8 the interest to a meeting of the board. 9 Maximum penalty--100 penalty units. 10 `(3) The disclosure must be recorded in the board's minutes. 11 `(4) Unless the board otherwise decides, the member must not-- 12 (a) be present when the board considers the matter; or 13 (b) take part in a decision of the board on the matter. 14 Maximum penalty--100 penalty units. 15 `(5) The member must not be present when the board is 16 considering its decision under subsection (4). 17 Maximum penalty--100 penalty units. 18 `(6) Another member who also has a direct or indirect financial or 19 personal interest in the matter must not-- 20 (a) be present when the board is considering its decision 21 under subsection (4); or 22 (b) take part in making the decision. 23 Maximum penalty--100 penalty units. 24 `219R Duty to act in statutory TAFE institute's interest 25 `A member of a statutory TAFE institute's board, in exercising 26 powers and discharging functions as a member, must-- 27 (a) act honestly and in the best interests of the institute; and 28 (b) exercise reasonable skill, care and diligence. 29

 


 

s3 37 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 `Division 3 Board business 1 `219S Conduct of business 2 `Subject to sections 219T to 219Y, a statutory TAFE 3 institute's board may conduct its business, including its 4 meetings, in the way it considers appropriate. 5 `219T Time and place of meetings 6 `(1) Meetings of a statutory TAFE institute's board are to be held 7 at the times and places it decides. 8 `(2) However, the board must hold at least 4 meetings a year. 9 `(3) The board chairperson or the Minister may call a board 10 meeting at any time. 11 `(4) The board chairperson must call a meeting if asked by at least 12 one-half of the members comprising the board plus 1 or, if the 13 one-half is not a whole number, the next highest whole 14 number of members. 15 `219U Presiding at meetings 16 `(1) The chairperson of a statutory TAFE institute's board must 17 preside at all meetings of the board at which the chairperson is 18 present. 19 `(2) If the chairperson is absent from a board meeting, but the 20 deputy chairperson of the board is present, the deputy 21 chairperson must preside. 22 `(3) If both the chairperson and deputy chairperson are absent 23 from a board meeting, a member chosen by the members 24 present must preside. 25 `219V Quorum for meetings 26 `A quorum for a meeting of a statutory TAFE institute's board 27 is the number equal to one-half of the number of its members 28 for the time being holding office plus 1 or, if one-half is not a 29 whole number, the next highest whole number. 30

 


 

s3 38 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 `219W Attendance of executive officer at board meetings 1 `(1) A statutory TAFE institute's executive officer may attend 2 meetings of the institute's board but has no voting rights at a 3 meeting. 4 `(2) However, if the board is satisfied the executive officer's 5 attendance at a meeting would be inappropriate because of a 6 matter being considered, or about to be considered, at the 7 meeting, the executive officer must not be present at the 8 meeting. 9 Example of a matter for subsection (2)-- 10 the executive officer's conditions of employment 11 `(3) The chairperson must give the executive officer reasonable 12 notice of the time and place a board meeting is to be held. 13 `(4) A meeting of the board is not invalid merely because of a 14 contravention of subsection (3). 15 `219X Conduct of meetings 16 `(1) A question at a meeting of a statutory TAFE institute's board 17 is to be decided by a majority of the votes of the board 18 members present. 19 `(2) Each member present at the meeting has a vote on each 20 question to be decided and, if the votes are equal, the member 21 presiding also has a casting vote. 22 `(3) A member who abstains from voting is taken to have voted for 23 the negative. 24 `(4) The board may hold meetings, or allow members to take part 25 in meetings, by using any technology allowing reasonably 26 contemporaneous and continuous communication between 27 members taking part in the meetings, including, for example, 28 teleconferencing. 29 `(5) A member who takes part in a meeting under subsection (4) is 30 taken to be present at the meeting. 31 `(6) A resolution is validly made by the board, even if it is not 32 passed at a board meeting, if-- 33

 


 

s3 39 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 (a) notice of the resolution is given under procedures 1 approved by the board; and 2 (b) a majority of members agrees in writing to the 3 resolution. 4 `219Y Minutes 5 A statutory TAFE institute's board must keep minutes of its 6 meetings. 7 `Division 4 Committees of a board 8 `219Z Committees for certain purposes 9 `(1) A statutory TAFE institute's board must establish the 10 following committees of the board (each a statutory 11 committee)-- 12 (a) an audit, finance and risk management committee; 13 (b) a staff, student and community voice committee; 14 (c) a remuneration and nominations committee. 15 `(2) The function of the audit, finance and risk management 16 committee is to advise and make recommendations to the 17 board about the management of financial and other operating 18 risks for the institute. 19 `(3) The function of the staff, student and community voice 20 committee is to advise and make recommendations to the 21 board about-- 22 (a) the welfare of students and staff of the institute; and 23 (b) the development and maintenance of the institute's 24 relationships with students, staff, the vocational 25 education and training sector and the general 26 community. 27 `(4) The function of the remuneration and nominations committee 28 is to advise and make recommendations to the board about the 29 recruitment, appointment and management of employees of 30 the institute. 31

 


 

s3 40 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 `(5) A further function of a statutory committee is to advise and 1 make recommendations to the board about matters relevant to 2 the board's functions that are referred by the board to the 3 statutory committee. 4 `220 Other matters about statutory committees 5 `(1) A statutory TAFE institute's board may decide the size and 6 composition of a statutory committee established by the 7 board, having regard to the committee's function. 8 `(2) A statutory committee-- 9 (a) must include at least 1 person who is a member of the 10 board and who is the chairperson of the committee; and 11 (b) may include any other person. 12 `(3) The board must decide a statutory committee's procedures 13 including how often the committee must hold a meeting. 14 `(4) A statutory committee must hold a meeting if required to do 15 so by the board. 16 `(5) The board must have regard to, but is not bound by, a statutory 17 committee's advice or recommendations. 18 `220A Other committees 19 `(1) A statutory TAFE institute's board may establish other 20 committees of the board for effectively and efficiently 21 performing the board's functions. 22 `(2) The functions of a committee established under this section 23 are to advise and make recommendations to the board about 24 matters that are-- 25 (a) relevant to the board's functions, other than matters for 26 which a statutory committee must be established; and 27 (b) referred by the board to the committee. 28 `(3) A committee may include any person, whether or not the 29 person is a member of the board. 30 `(4) The board must decide a committee's procedures including 31 how often the committee must hold a meeting. 32

 


 

s3 41 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 `(5) A committee must hold a meeting if required to do so by the 1 board. 2 `(6) The board must have regard to, but is not bound by, a 3 committee's advice or recommendations. 4 `220B Remuneration of committee members 5 `A member of a statutory committee or another committee of 6 a statutory TAFE institute's board is entitled to be paid the 7 fees and expenses decided by the Governor in Council. 8 `Division 5 Removal of board 9 `220C Removal of statutory TAFE institute's board 10 `(1) The Governor in Council may remove all the members of a 11 statutory TAFE institute's board from office if the Minister is 12 satisfied the statutory TAFE institute has not complied with-- 13 (a) a public sector policy notified to the institute by the 14 Minister under section 219; or 15 (b) a direction given to the institute by the Minister under 16 part 3; or 17 (c) the institute's obligations under the Financial 18 Administration and Audit Act 1977 for the preparation 19 and submission of reports and plans; or 20 (d) the institute's obligations under this or any other Act, 21 including its obligations-- 22 (i) in relation to preparing, submitting and complying 23 with its operational plan or the conditions on which 24 the Minister agreed to the plan; or 25 (ii) under its agreement with the chief executive under 26 part 3, division 2. 27 `(2) Also, the Governor in Council may remove all the members of 28 a statutory TAFE institute's board from office if the Minister 29 is satisfied the board-- 30 (a) is no longer functioning effectively; or 31

 


 

s3 42 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 (b) is acting in a way that is prejudicial to the best interests 1 of the institute. 2 `Part 5 Executive officer of statutory 3 TAFE institute 4 `220D Statutory TAFE institute's executive officer 5 `(1) A statutory TAFE institute is to have an executive officer. 6 `(2) The executive officer is to be appointed by the institute's 7 board with the written approval of the Minister. 8 `(3) The executive officer holds office on the terms and 9 conditions, not provided for under this Act, that are decided 10 by the board. 11 `220E Duties of executive officer 12 `(1) The executive officer of a statutory TAFE institute-- 13 (a) subject to the institute's board, is responsible for the day 14 to day management of the institute; and 15 (b) is to help the institute in the performance of its 16 functions. 17 `(2) The executive officer has all the powers necessary for carrying 18 out the executive officer's duties under this Act. 19 `220F Things done by executive officer 20 `Anything done in the name of, or for, a statutory TAFE 21 institute by its executive officer is taken to have been done by 22 the institute. 23

 


 

s3 43 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 `220G Delegation by executive officer 1 `(1) A statutory TAFE institute's executive officer may delegate 2 the officer's powers, including a power delegated to the 3 officer, to-- 4 (a) an appropriately qualified employee of a department or 5 other government entity performing work for the 6 institute under a work performance arrangement; or 7 (b) an appropriately qualified employee of the institute. 8 `(2) In subsection (1)-- 9 appropriately qualified includes having the qualifications, 10 experience or standing appropriate to exercise the power. 11 Example of standing-- 12 a person's seniority in an entity 13 `220H Appointment of acting executive officer 14 `A statutory TAFE institute's board may appoint a person to 15 act as the institute's executive officer-- 16 (a) during a vacancy in the office; or 17 (b) during any period, or all periods, when the institute's 18 executive officer is absent from duty or is, for another 19 reason, unable to perform the functions of the office. 20 `220I Resignation of executive officer 21 `A statutory TAFE institute's executive officer may resign by 22 signed notice given to the chairperson of the institute's board. 23 `220J Termination of executive officer's appointment 24 `(1) A statutory TAFE institute's board may, at any time, terminate 25 the appointment of the institute's executive officer. 26 `(2) Termination of the appointment of the executive officer does 27 not affect a right to which the officer is entitled under the 28 terms of the officer's appointment. 29

 


 

s3 44 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 `Part 6 Amalgamating or dissolving 1 statutory TAFE institutes 2 `Division 1 Preliminary 3 `220K Definitions for pt 6 4 `In this part-- 5 changeover day, for a former statutory TAFE institute, means 6 the day the institute is-- 7 (a) amalgamated under section 220L; or 8 (b) dissolved under section 220M. 9 former statutory TAFE institute means a statutory TAFE 10 institute that is-- 11 (a) amalgamated under section 220L; or 12 (b) dissolved under section 220M. 13 new entity means-- 14 (a) for a former statutory TAFE institute that is 15 amalgamated under section 220L--the statutory TAFE 16 institute constituted as a result of the amalgamation; or 17 (b) for a former statutory TAFE institute that is dissolved 18 under section 220M--the State. 19 `Division 2 Amalgamation or dissolution 20 `220L Amalgamating statutory TAFE institutes 21 `(1) A regulation (an amalgamation regulation) may amalgamate 22 2 or more statutory TAFE institutes to form a new statutory 23 TAFE institute. 24 `(2) An amalgamation regulation-- 25 (a) must-- 26

 


 

s3 45 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 (i) state the corporate name of the new statutory 1 TAFE institute; and 2 (ii) dissolve the former statutory TAFE institutes; and 3 (b) may make provision for any other matter that is 4 necessary or convenient for amalgamating former 5 statutory TAFE institutes to form a new statutory TAFE 6 institute. 7 `220M Dissolving a statutory TAFE institute 8 `(1) A regulation (a dissolution regulation) may dissolve a 9 statutory TAFE institute if the Minister is satisfied the 10 institute-- 11 (a) no longer serves the function for which it was 12 established; or 13 (b) is no longer functioning efficiently or effectively. 14 `(2) A dissolution regulation may make provision for any other 15 matter that is necessary or convenient for dissolving a 16 statutory TAFE institute. 17 `Division 3 Effect of amalgamation or 18 dissolution 19 `220N References to former statutory TAFE institute 20 `A reference in an Act or document to a former statutory 21 TAFE institute may, to the extent the context permits, be taken 22 to be a reference to the new entity. 23 `220O Student enrolments 24 `On the changeover day for a former statutory TAFE institute, 25 a person who was enrolled as a student of the institute is 26 enrolled as a student of-- 27 (a) if the former statutory TAFE institute is amalgamated 28 under section 220L--the new entity; or 29

 


 

s3 46 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 (b) if the former statutory TAFE institute is dissolved under 1 section 220M--the entity stated in the dissolution 2 regulation. 3 `220P Vesting of assets, rights and liabilities 4 `On the changeover day for a former statutory TAFE institute, 5 the assets, rights and liabilities of the institute vest in the new 6 entity. 7 `220Q Continuing legal proceedings 8 `On the changeover day for a former statutory TAFE institute, 9 a legal proceeding by or against the institute that has not been 10 finished before the changeover day may be continued and 11 finished by or against the new entity. 12 `Part 7 Miscellaneous provisions 13 `220R Annual report 14 `In a statutory TAFE institute's annual report for a financial 15 year under the Financial Administration and Audit Act 1977, 16 the institute must include copies of all directions, including 17 directions about community service obligations to be carried 18 out by the institute, and notices, given to the institute by the 19 Minister under this Act in the financial year to which the 20 report relates. 21 `220S Protection from liability 22 `(1) This section applies to the following persons-- 23 (a) the Minister; 24 (b) the chief executive; 25 (c) a member of a statutory TAFE institute's board; 26

 


 

s3 47 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 (d) a member of a statutory committee or other committee 1 of a statutory TAFE institute's board. 2 `(2) The person is not civilly liable for an act done, or omission 3 made, honestly and without negligence under this Act. 4 `(3) If subsection (2) prevents a liability attaching to the person, 5 the liability attaches instead to the State. 6 `220T Review of operation of a statutory TAFE institute 7 `(1) The Minister must review the operation of a statutory TAFE 8 institute as soon as practicable after the third anniversary of its 9 establishment. 10 `(2) The purpose of the review is to ensure the institute is 11 operating efficiently and effectively. 12 `(3) The Minister must, as soon as practicable after finishing the 13 review but in any case within 4 years after the institute is 14 established, table a report about the outcome of the review in 15 the Legislative Assembly. 16 `220U Delegation by Minister 17 `(1) The Minister may delegate the Minister's powers under this 18 chapter to an appropriately qualified officer of the department. 19 `(2) In subsection (1)-- 20 appropriately qualified includes having the qualifications, 21 experience or standing appropriate to exercise the power. 22 Example of standing-- 23 an officer's classification level in the public service 24 `220V Chief executive's functions for statutory TAFE 25 institutes 26 `The chief executive has the following functions for statutory 27 TAFE institutes-- 28 (a) to improve the participation of young people in 29 vocational education and training by attracting young 30 people to, and supporting young people in, vocational 31

 


 

s3 48 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 education and training resulting in a qualification or 1 statement of attainment; 2 (b) to ensure rural, remote and indigenous communities are 3 given support, advice or other help in developing 4 services in those communities that facilitate better 5 access to education and training for young people in 6 those communities; 7 (c) to participate in the development of 8 whole-of-community planning in relation to young 9 people in the compulsory participation phase. 10 `220W Preservation of rights in relation to public service 11 employees 12 `(1) Subsection (2) applies to a person who-- 13 (a) is appointed as an employee of a statutory TAFE 14 institute; and 15 (b) was a public service employee immediately before 16 taking up the appointment. 17 `(2) The person is entitled to retain all existing and accruing rights 18 as if service as an employee of the statutory TAFE institute 19 were a continuation of service as a public service employee. 20 `(3) If the person was a member of the State Public Sector 21 Superannuation Scheme under the Superannuation (State 22 Public Sector) Act 1990, the person keeps all the person's 23 existing and accruing rights relating to superannuation. 24 `(4) If a person is appointed as a public service employee and the 25 person was, immediately before taking up the appointment, an 26 employee of a statutory TAFE institute, the person's service as 27 an employee of the statutory TAFE institute must be regarded 28 as service as a public service employee. 29 `220X Secondment as employee of statutory TAFE institute 30 `(1) A person who is a public service employee may be seconded 31 to a statutory TAFE institute. 32 `(2) While seconded under this section-- 33

 


 

s3 49 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 (a) the person is taken to be an employee of the statutory 1 TAFE institute; and 2 (b) the Public Service Act 1996 does not apply to the 3 person. 4 `(3) A person seconded under this section -- 5 (a) is entitled to the person's existing and accruing rights as 6 if employment as an employee of the statutory TAFE 7 institute were a continuation of employment as a public 8 service employee; and 9 (b) may apply for positions, and be employed, in the public 10 service as if the person were a public service employee. 11 `(4) When the secondment ends-- 12 (a) the person's employment on secondment as an 13 employee of the statutory TAFE institute is taken to be 14 employment of the same nature in the public service for 15 working out the person's rights as a public service 16 employee; and 17 (b) if the secondment ended for a reason other than 18 misconduct, the person is entitled to be employed as a 19 public service employee. 20 `(5) This section has effect despite section 218G. 21 `Part 8 Other provisions about change 22 to statutory TAFE institute 23 `220Y Definitions for pt 8 24 `In this part-- 25 changeover day, for a former TAFE institute, means the day 26 the institute is established as a statutory TAFE institute. 27 former TAFE institute means a TAFE institute or part of a 28 TAFE institute that is, with or without other institutes or parts, 29 established as a statutory TAFE institute. 30

 


 

s3 50 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 `220Z Transfer of assets, liabilities etc. to statutory TAFE 1 institute 2 `(1) This section applies if-- 3 (a) a former TAFE institute is established as a statutory 4 TAFE institute; and 5 (b) a regulation declares that this section applies to the 6 former TAFE institute. 7 `(2) The regulation may make provision in relation to the 8 following-- 9 (a) the assets and liabilities that are, or are not, assets and 10 liabilities of the statutory TAFE institute; 11 (b) the consideration for a transfer of assets to the statutory 12 TAFE institute; 13 (c) the transfer of enrolments from the former TAFE 14 institute to the statutory TAFE institute; 15 (d) the legal proceedings by or against the State in relation 16 to the former TAFE institute that may be started or 17 continued by or against the statutory TAFE institute; 18 (e) the entity by whom former TAFE institute employees 19 will be employed; 20 (f) the continuation by a statutory TAFE institute of a 21 former TAFE institute's registration under chapter 2, 22 part 3, as a training organisation; 23 (g) the continuation by a statutory TAFE institute of a 24 former TAFE institute's registration of a course as an 25 accredited course under chapter 2, part 4; 26 (h) the continuation by a statutory TAFE institute of a 27 former TAFE institute's director's registration as a 28 provider and registration of a course under the 29 Education (Overseas Students) Act 1996; 30 (i) the continuation by a statutory TAFE institute of a 31 former TAFE institute's accreditation of a higher 32 education course under the Higher Education (General 33 Provisions) Act 2003; 34

 


 

s3 51 s3 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 (j) the continuation for a statutory TAFE institute of a 1 compliance audit of a former TAFE institute under 2 chapter 2, part 3; 3 (k) the continuation for a statutory TAFE institute of a 4 former TAFE institute's status as a supervising 5 registered training organisation under chapter 3, part 2; 6 (l) any other matter that is necessary or convenient for 7 establishing a former TAFE institute as a statutory 8 TAFE institute. 9 `220ZA References to former TAFE institute 10 `A reference in an Act or document to a former TAFE institute 11 may, to the extent the context permits, be taken to be a 12 reference to the statutory TAFE institute established in its 13 place. 14 `220ZB Dissolution of TAFE institute council 15 `(1) This section applies if the whole of a TAFE institute is 16 established as a statutory TAFE institute. 17 `(2) On the changeover day for the former TAFE institute-- 18 (a) the institute's council is dissolved; and 19 (b) the members of the council go out of office. 20 `(3) No compensation is payable to a member because of 21 subsection (2). 22 `220ZC Applications made by former TAFE institute 23 `(1) An application made by a former TAFE institute before the 24 changeover day for the institute, is taken to be made by the 25 statutory TAFE institute established in its place. 26 `(2) In subsection (1)-- 27 application means an application under this Act, the 28 Education (Overseas Students) Act 1996 or the Higher 29 Education (General Provisions) Act 2003.'. 30

 


 

s4 52 s5 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 Clause 4 Amendment of s 282 (Disclosure of interests by member 1 of disclosure body) 2 Section 282(4), definition disclosure body-- 3 insert-- 4 `(e) a statutory committee or other committee established by 5 a statutory TAFE institute's board.'. 6 Clause 5 Amendment of sch 3 (Dictionary) 7 Schedule 3-- 8 insert-- 9 `amalgamation regulation see section 220L. 10 commissioner of police means the commissioner of the police 11 service appointed under the Police Service Administration Act 12 1990. 13 community service obligation, for a statutory TAFE institute, 14 means an obligation on the institute to perform an activity or 15 provide a service that-- 16 (a) is not in the institute's commercial interests to perform 17 or provide; and 18 (b) is purchased by the State. 19 criminal history, of a person, means the person's criminal 20 history as defined under the Criminal Law (Rehabilitation of 21 Offenders) Act 1986 to the extent the criminal history relates 22 to indictable offences, other than spent convictions. 23 dissolution regulation see section 220M. 24 government entity see the Public Service Act 1996, section 25 21. 26 insolvent under administration see the Corporations Act, 27 section 9. 28 operational plan, of a statutory TAFE institute, means the 29 operational plan the institute is required to develop under the 30 Financial Administration and Audit Act 1977. 31

 


 

s6 53 s7 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 spent conviction means a conviction-- 1 (a) for which the rehabilitation period under the Criminal 2 Law (Rehabilitation of Offenders) Act 1986 has expired 3 under that Act; and 4 (b) that is not revived as prescribed by section 11 of that 5 Act. 6 statutory committee see section 219Z. 7 statutory TAFE institute means a statutory TAFE institute 8 established under chapter 6A. 9 work performance arrangement means an arrangement under 10 which an employee of a government entity performs work for 11 another government entity.'. 12 Part 3 Amendment of Libraries Act 13 1988 14 Clause 6 Act amended in pt 3 15 This part amends the Libraries Act 1988. 16 Clause 7 Amendment of s 2 (Interpretation) 17 (1) Section 2(1), definition commencement-- 18 omit. 19 (2) Section 2(1)-- 20 insert-- 21 `commencement-- 22 (a) for part 10, division 1, see section 88; or 23 (b) for part 10, division 3--see section 95. 24 current appointment, for part 10, division 3, see section 95. 25 current conditions, for part 10, division 3, see section 95. 26

 


 

s8 54 s9 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 pre-amended Act, for part 10, division 3, see section 95. 1 present librarian, for part 10, division 3, see section 95.'. 2 Clause 8 Replacement of s 13 (Appointment of State librarian) 3 Section 13-- 4 omit, insert-- 5 `13 Appointment of State librarian 6 `(1) There is to be a State librarian. 7 `(2) The State librarian is to be appointed by the Governor in 8 Council for the term, and on the conditions, stated in the 9 instrument of appointment. 10 `(3) The stated term must not be longer than 5 years. 11 `13A Minister to obtain board's approval 12 `The Minister must not recommend the Governor in Council 13 act under section 13(2) unless the recommendation has been 14 approved by the board. 15 `13B State librarian is employee of the board 16 `Despite section 13-- 17 (a) the State librarian is an employee of the board and not of 18 the State; and 19 (b) subject to the conditions of the State librarian's 20 appointment, the board may enter into a contract of 21 employment with the librarian.'. 22 Clause 9 Insertion of new pt 10, div 3 23 Part 10-- 24 insert-- 25

 


 

s9 55 s9 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 `Division 3 Transitional provisions for 1 Vocational Education, Training and 2 Employment and Other Legislation 3 Amendment Act 2007 4 `95 Definitions for div 3 5 `In this division-- 6 commencement means the commencement of the provision in 7 which the term is used. 8 current appointment, of the present librarian, means the 9 librarian's appointment by the Governor in Council under the 10 pre-amended Act, section 13(1), on 3 August 2006. 11 current conditions see section 96(1). 12 pre-amended Act means this Act as in force before the 13 commencement. 14 present librarian means the person holding office as the State 15 librarian at the commencement. 16 `96 Conditions on which present librarian holds office 17 `(1) Subject to this division, the present librarian continues to hold 18 the office on the conditions (the current conditions) applying 19 under the pre-amended Act, section 13(2), immediately before 20 the commencement. 21 `(2) The present librarian's current appointment ends and the 22 librarian ceases holding the office-- 23 (a) if paragraph (b) does not apply, at the end of 15 October 24 2009; or 25 (b) if the librarian's term of office is extended past that date 26 under the current conditions, at the end of 14 October 27 2011. 28 `(3) Subsection (2) does not prevent the present librarian ceasing 29 to hold the office at an earlier time under the current 30 conditions or those conditions as amended. 31

 


 

s 10 56 s 11 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 `(4) If the present librarian ceases to hold the office under 1 subsection (3), the librarian's current appointment also ends. 2 `97 Current conditions may be amended 3 `(1) The board may, with the Governor in Council's approval, 4 amend the current conditions. 5 `(2) However, subject to section 96(3), the conditions can not be 6 amended in a way that would interfere with the operation of 7 section 96(2). 8 `98 No compensation payable 9 `Compensation may not be claimed by, and is not payable to, 10 the present librarian, whether under the current conditions, 11 those conditions as amended or otherwise, because of the 12 operation of section 96(2).'. 13 Part 4 Amendment of Queensland Art 14 Gallery Act 1987 15 Clause 10 Act amended in pt 4 16 This part amends the Queensland Art Gallery Act 1987. 17 Clause 11 Amendment of s 2 (Definitions) 18 (1) Section 2, definitions commencement and director-- 19 omit. 20 (2) Section 2-- 21 insert-- 22 `commencement-- 23 (a) for part 7, division 1, see section 69; or 24 (b) for part 7, division 3--see section 76. 25

 


 

s 12 57 s 13 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 current appointment, for part 7, division 3, see section 76. 1 current conditions, for part 7, division 3, see section 76. 2 director means the director of the art gallery. 3 pre-amended Act, for part 7, division 3, see section 76. 4 present director, for part 7, division 3, see section 76.'. 5 Clause 12 Replacement of s 12 (Appointment of director) 6 Section 12-- 7 omit, insert-- 8 `12 Appointment of director 9 `(1) There is to be a director of the art gallery. 10 `(2) The director is to be appointed by the Governor in Council for 11 the term, and on the conditions, stated in the instrument of 12 appointment. 13 `(3) The stated term must not be longer than 5 years. 14 `12A Minister to obtain board's approval 15 `The Minister must not recommend the Governor in Council 16 act under section 12(2) unless the recommendation has been 17 approved by the board. 18 `12B Director is employee of the board 19 `Despite section 12-- 20 (a) the director is an employee of the board and not of the 21 State; and 22 (b) subject to the conditions of the director's appointment, 23 the board may enter into a contract of employment with 24 the director.'. 25 Clause 13 Insertion of new pt 7, div 3 26 Part 7-- 27

 


 

s 13 58 s 13 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 insert-- 1 `Division 3 Transitional provisions for 2 Vocational Education, Training and 3 Employment and Other Legislation 4 Amendment Act 2007 5 `76 Definitions for div 3 6 `In this division-- 7 commencement means the commencement of the provision in 8 which the term is used. 9 current appointment, of the present director, means the 10 director's appointment by the Governor in Council under the 11 pre-amended Act, section 12(1), on 17 May 2007. 12 current conditions see section 77(1). 13 pre-amended Act means this Act as in force before the 14 commencement. 15 present director means the person holding office as the 16 director at the commencement. 17 `77 Conditions on which present director holds office 18 `(1) Subject to this division, the present director continues to hold 19 the office on the conditions (the current conditions) applying 20 under the pre-amended Act, section 12(2), immediately before 21 the commencement. 22 `(2) The present director's current appointment ends and the 23 director ceases holding the office at the end of 16 May 2012. 24 `(3) Subsection (2) does not prevent the present director ceasing to 25 hold the office at an earlier time under the current conditions 26 or those conditions as amended. 27 `(4) If the present director ceases to hold the office under 28 subsection (3), the director's current appointment also ends. 29

 


 

s 14 59 s 15 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 `78 Current conditions may be amended 1 `(1) The board may, with the Governor in Council's approval, 2 amend the current conditions. 3 `(2) However, subject to section 77(3), the conditions can not be 4 amended in a way that would interfere with the operation of 5 section 77(2). 6 `79 No compensation payable 7 `Compensation may not be claimed by, and is not payable to, 8 the present director, whether under the current conditions, 9 those conditions as amended or otherwise, because of the 10 operation of section 77(2).'. 11 Part 5 Amendment of Queensland 12 Museum Act 1970 13 Clause 14 Act amended in pt 5 14 This part amends the Queensland Museum Act 1970. 15 Clause 15 Amendment of s 2 (Definitions) 16 (1) Section 2, definition commencement-- 17 omit. 18 (2) Section 2-- 19 insert-- 20 `commencement-- 21 (a) for part 7, division 1, see section 70; or 22 (b) for part 7, division 3--see section 77. 23 current appointment, for part 7, division 3, see section 77. 24 current conditions, for part 7, division 3, see section 77. 25

 


 

s 16 60 s 17 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 pre-amended Act, for part 7, division 3, see section 77. 1 present director, for part 7, division 3, see section 77.'. 2 Clause 16 Replacement of s 35 (Appointment of director) 3 Section 35-- 4 omit, insert-- 5 `35 Appointment of director 6 `(1) There is to be a director of the museum. 7 `(2) The director is to be appointed by the Governor in Council for 8 the term, and on the conditions, stated in the instrument of 9 appointment. 10 `(3) The stated term must not be longer than 5 years. 11 `35A Minister to obtain board's approval 12 `The Minister must not recommend the Governor in Council 13 act under section 35(2) unless the recommendation has been 14 approved by the board. 15 `35B Director is employee of the board 16 `Despite section 35-- 17 (a) the director is an employee of the board and not of the 18 State; and 19 (b) subject to the conditions of the director's appointment, 20 the board may enter into a contract of employment with 21 the director.'. 22 Clause 17 Insertion of new pt 7, div 3 23 Part 7-- 24 insert-- 25

 


 

s 17 61 s 17 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 `Division 3 Transitional provisions for 1 Vocational Education, Training and 2 Employment and Other Legislation 3 Amendment Act 2007 4 `77 Definitions for div 3 5 `In this division-- 6 commencement means the commencement of the provision in 7 which the term is used. 8 current appointment, of the present director, means the 9 director's appointment by the Governor in Council under the 10 pre-amended Act, section 35(1), on 10 May 2005. 11 current conditions see section 78(1). 12 pre-amended Act means this Act as in force before the 13 commencement. 14 present director means the person holding office as the 15 director at the commencement. 16 `78 Conditions on which present director holds office 17 `(1) Subject to this division, the present director continues to hold 18 office on the conditions (the current conditions) applying 19 under the pre-amended Act, section 35(2), immediately before 20 the commencement. 21 `(2) The present director's current appointment ends and the 22 director ceases holding the office at the end of 9 May 2010. 23 `(3) Subsection (2) does not prevent the present director ceasing to 24 hold the office at an earlier time under the current conditions 25 or those conditions as amended. 26 `(4) If the present director ceases to hold the office under 27 subsection (3), the director's current appointment also ends. 28

 


 

s 18 62 s 19 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 `79 Current conditions may be amended 1 `(1) The board may, with the Governor in Council's approval, 2 amend the current conditions. 3 `(2) However, subject to section 78(3), the conditions can not be 4 amended in a way that would interfere with the operation of 5 section 78(2). 6 `80 No compensation payable 7 `Compensation may not be claimed by, and is not payable to, 8 the present director, whether under the current conditions, 9 those conditions as amended or otherwise, because of the 10 operation of section 78(2).'. 11 Part 6 Amendment of Queensland 12 Performing Arts Trust Act 1977 13 Clause 18 Act amended in pt 6 14 This part amends the Queensland Performing Arts Trust Act 15 1977. 16 Clause 19 Amendment of s 2 (Definitions) 17 Section 2-- 18 insert-- 19 `commencement-- 20 (a) for part 8, division 1, see section 67; or 21 (b) for part 8, division 2--see section 69. 22 current appointment, for part 8, division 2, see section 69. 23 current conditions, for part 8, division 2, see section 69. 24 pre-amended Act, for part 8, division 2, see section 69. 25 present director, for part 8, division 2, see section 69.'. 26

 


 

s 20 63 s 22 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 Clause 20 Replacement of s 32 (Director) 1 Section 32-- 2 omit, insert-- 3 `32 Appointment of director 4 `(1) There is to be a director of the trust. 5 `(2) The director is to be appointed by the Governor in Council for 6 the term, and on the conditions, stated in the instrument of 7 appointment. 8 `(3) The stated term must not be longer than 5 years. 9 `32A Minister to obtain trust's approval 10 `The Minister must not recommend the Governor in Council 11 act under section 32(2) unless the recommendation has been 12 approved by the trust. 13 `32B Director is employee of the trust 14 `Despite section 32-- 15 (a) the director is an employee of the trust and not of the 16 State; and 17 (b) subject to the conditions of the director's appointment, 18 the trust may enter into a contract of employment with 19 the director.'. 20 Clause 21 Insertion of new pt 8, div 1 hdg 21 Before section 67-- 22 insert-- 23 `Division 1 Transitional provisions for Arts 24 Legislation Amendment Act 2003'. 25 Clause 22 Amendment of s 67 (Definition for pt 8) 26 (1) Section 67, heading, `pt 8'-- 27

 


 

s 23 64 s 23 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 omit, insert-- 1 `div 1'. 2 (2) Section 67, `part'-- 3 omit, insert-- 4 `division'. 5 Clause 23 Insertion of new pt 8, div 2 6 After section 68-- 7 insert-- 8 `Division 2 Transitional provisions for 9 Vocational Education, Training and 10 Employment and Other Legislation 11 Amendment Act 2007 12 `69 Definitions for div 2 13 `In this division-- 14 commencement means the commencement of the provision in 15 which the term is used. 16 current appointment, of the present director, means the 17 director's appointment by the Governor in Council under the 18 pre-amended Act, section 32(1), on 14 February 2002. 19 current conditions see section 70(1). 20 pre-amended Act means this Act as in force before the 21 commencement. 22 present director means the person holding office as the 23 director at the commencement. 24 `70 Conditions on which present director holds office 25 `(1) Subject to this division, the present director continues to hold 26 the office on the conditions (the current conditions) applying 27 under the pre-amended Act, section 32(2), immediately before 28 the commencement. 29

 


 

s 24 65 s 25 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 `(2) The present director's current appointment ends and the 1 director ceases holding the office at the end of 3 March 2008. 2 `(3) Subsection (2) does not prevent the present director ceasing to 3 hold the office at an earlier time under the current conditions 4 or those conditions as amended. 5 `(4) If the present director ceases to hold the office under 6 subsection (3), the director's current appointment also ends. 7 `71 Current conditions may be amended 8 `(1) The trust may, with the Governor in Council's approval, 9 amend the current conditions. 10 `(2) However, subject to section 70(3), the conditions can not be 11 amended in a way that would interfere with the operation of 12 section 70(2). 13 `72 No compensation payable 14 `Compensation may not be claimed by, and is not payable to, 15 the present director, whether under the current conditions, 16 those conditions as amended or otherwise, because of the 17 operation of section 70(2).'. 18 Part 7 Amendment of Queensland 19 Theatre Company Act 1970 20 Clause 24 Act amended in pt 7 21 This part amends the Queensland Theatre Company Act 1970. 22 Clause 25 Amendment of s 2 (Definitions) 23 Section 2-- 24 insert-- 25

 


 

s 26 66 s 26 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 `commencement-- 1 (a) for part 8, division 1, see section 68; or 2 (b) for part 8, division 2--see section 71. 3 current appointment, for part 8, division 2, see section 71. 4 current conditions, for part 8, division 2, see section 71. 5 former name, for part 8, division 1, see section 68. 6 pre-amended Act, for part 8, division 2, see section 71. 7 present director, for part 8, division 2, see section 71.'. 8 Clause 26 Replacement of s 31 (Director) 9 Section 31-- 10 omit, insert-- 11 `31 Appointment of director 12 `(1) There is to be a director of the theatre company. 13 `(2) The director is to be appointed by the Governor in Council for 14 the term, and on the conditions, stated in the instrument of 15 appointment. 16 `(3) The stated term must not be longer than 5 years. 17 `31A Minister to obtain theatre company's approval 18 `The Minister must not recommend the Governor in Council 19 act under section 31(2) unless the recommendation has been 20 approved by the theatre company. 21 `31B Director is employee of the theatre company 22 `Despite section 31-- 23 (a) the director is an employee of the theatre company and 24 not of the State; and 25 (b) subject to the conditions of the director's appointment, 26 the theatre company may enter into a contract of 27 employment with the director.'. 28

 


 

s 27 67 s 29 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 Clause 27 Insertion of new pt 8, div 1 hdg 1 Before section 68-- 2 insert-- 3 `Division 1 Transitional provisions for Arts 4 Legislation Amendment Act 2003'. 5 Clause 28 Amendment of s 68 (Definition for pt 8) 6 (1) Section 68, heading, `pt 8'-- 7 omit, insert-- 8 `div 1'. 9 (2) Section 68, `part'-- 10 omit, insert-- 11 `division'. 12 Clause 29 Insertion of new pt 8, div 2 13 After section 70-- 14 insert-- 15 `Division 2 Transitional provisions for 16 Vocational Education, Training and 17 Employment and Other Legislation 18 Amendment Act 2007 19 `71 Definitions for div 2 20 `In this division-- 21 commencement means the commencement of the provision in 22 which the term is used. 23 current appointment, of the present director, means the 24 director's appointment by the Governor in Council under the 25 pre-amended Act, section 31(1), on 13 May 1999. 26 current conditions see section 72(1). 27

 


 

s 29 68 s 29 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 pre-amended Act means this Act as in force before the 1 commencement. 2 present director means the person holding office as the 3 director at the commencement. 4 `72 Conditions on which present director holds office 5 `(1) Subject to this division, the present director continues to hold 6 the office on the conditions (the current conditions) applying 7 under the pre-amended Act, section 31(2), immediately before 8 the commencement. 9 `(2) The present director's current appointment ends and the 10 director ceases holding the office at the end of 2 August 2010. 11 `(3) Subsection (2) does not prevent the present director ceasing to 12 hold the office at an earlier time under the current conditions 13 or those conditions as amended. 14 `(4) If the present director ceases to hold the office under 15 subsection (3), the director's current appointment also ends. 16 `73 Current conditions may be amended 17 `(1) The theatre company may, with the Governor in Council's 18 approval, amend the current conditions. 19 `(2) However, subject to section 72(3), the conditions can not be 20 amended in a way that would interfere with the operation of 21 section 72(2). 22 `74 No compensation payable 23 `Compensation may not be claimed by, and is not payable to, 24 the present director, whether under the current conditions, 25 those conditions as amended or otherwise, because of the 26 operation of section 72(2).'. 27

 


 

s 30 69 s 30 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 Part 8 Amendment of other Acts 1 Clause 30 Acts amended in schedule 2 The schedule amends the Acts it mentions. 3

 


 

70 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 Schedule Consequential and minor 1 amendments of other Acts 2 section 30 3 Biodiscovery Act 2004 4 1 Section 54(4), definition educational institution, 5 paragraph (b), after `institute'-- 6 insert-- 7 `, a statutory TAFE institute'. 8 Building Act 1975 9 1 Section 216(4), definition educational institution, 10 paragraph (c), after `institute'-- 11 insert-- 12 `or a statutory TAFE institute'. 13 Charitable and Non-Profit Gaming Act 1999 14 1 Section 10(5), definition educational purpose, paragraph 15 (a)(i), after `institute'-- 16 insert-- 17 `or a statutory TAFE institute'. 18

 


 

71 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 Schedule (continued) Criminal Law (Rehabilitation of Offenders) Act 1986 1 1 Section 9A(1), table, column 1, item 7, paragraph (d), after 2 `institute'-- 3 insert-- 4 `or a statutory TAFE institute'. 5 Education (Accreditation of Non-State Schools) Act 6 2001 7 1 Section 6(2)(d)-- 8 omit, insert-- 9 `(d) a TAFE institute or a statutory TAFE institute within the 10 meaning of the Vocational Education, Training and 11 Employment Act 2000;'. 12 Education (General Provisions) Act 2006 13 1 Section 232, table, 2nd column, 4th item, after 14 `institute'-- 15 insert-- 16 `, statutory TAFE institute'. 17 2 Section 235(b), example, after `institute'-- 18 insert-- 19 `or statutory TAFE institute'. 20

 


 

72 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 Schedule (continued) 3 Section 262(1), after `institute'-- 1 insert-- 2 `, statutory TAFE institute'. 3 4 Schedule 4-- 4 insert-- 5 `statutory TAFE institute means a statutory TAFE institute 6 established under the Vocational Education, Training and 7 Employment Act 2000, chapter 6A.'. 8 Education (Overseas Students) Act 1996 9 1 Section 17(3), `institute of TAFE'-- 10 omit, insert-- 11 `TAFE institute, statutory TAFE institute'. 12 2 Schedule-- 13 insert-- 14 `statutory TAFE institute means a statutory TAFE institute 15 established under the Vocational Education, Training and 16 Employment Act 2000, chapter 6A. 17 TAFE institute see the Vocational Education, Training and 18 Employment Act 2000, section 191.'. 19

 


 

73 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 Schedule (continued) Education (Queensland Studies Authority) Act 2002 1 1 Section 15(f)-- 2 insert-- 3 `(ix) boards of statutory TAFE institutes established 4 under the VETE Act;'. 5 2 Section 21P(1), after `TAFE institute'-- 6 insert-- 7 `, statutory TAFE institute'. 8 3 Section 21P(4)-- 9 insert-- 10 `statutory TAFE institute means a statutory TAFE institute 11 established under the VETE Act, chapter 6A.'. 12 4 Section 21T(5), definition prescribed agent, after `TAFE 13 institute'-- 14 insert-- 15 `, statutory TAFE institute'. 16 Education (Work Experience) Act 1996 17 1 Section 5(1)(e), after `TAFE institute'-- 18 insert-- 19 `or statutory TAFE institute'. 20

 


 

74 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 Schedule (continued) Plumbing and Drainage Act 2002 1 1 Section 121(2), definition designated person, paragraph 2 (b), after `institute'-- 3 insert-- 4 `or statutory TAFE institute'. 5 Public Sector Ethics Act 1994 6 1 Schedule, definition public sector entity, paragraph (e), 7 after `institute'-- 8 insert-- 9 `, statutory TAFE institute'. 10 2 Schedule-- 11 insert-- 12 `statutory TAFE institute means a statutory TAFE institute 13 established under the Vocational Education, Training and 14 Employment Act 2000, chapter 6A.'. 15 Whistleblowers Protection Act 1994 16 1 Schedule 5, section 2(1)(h), after `institute'-- 17 insert-- 18 `, statutory TAFE institute'. 19

 


 

75 Vocational Education, Training and Employment and Other Legislation Amendment Bill 2007 Schedule (continued) 2 Schedule 6-- 1 insert-- 2 `statutory TAFE institute means a statutory TAFE institute 3 established under the Vocational Education, Training and 4 Employment Act 2000, chapter 6A.'. 5 State of Queensland 2007

 


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