Queensland Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


AGRICULTURAL COLLEGES BILL 2005

           Queensland



Agricultural College Bill 2005

 


 

 

Queensland Agricultural College Bill 2005 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Ministerial declaration `Stepping forward: improving pathways for all young people' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 2 Australian Agricultural College Corporation Division 1 Establishment and capacity of corporation 5 Establishment of Australian Agricultural College Corporation . . . 7 6 Corporation represents the State . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Legal capacity of corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Corporation declared to be excluded matter . . . . . . . . . . . . . . . . 8 9 Corporation's seal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Division 2 Functions 10 Corporation's functions generally . . . . . . . . . . . . . . . . . . . . . . . . . 8 11 Additional functions in relation to agricultural college. . . . . . . . . . 9 Division 3 Financial matters 12 Corporation is statutory body . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Division 4 Directions and delegations 13 Minister's power to give directions . . . . . . . . . . . . . . . . . . . . . . . . 11 14 Delegation by corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Division 5 Staff of corporation 15 Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 16 Secondment as officer of corporation. . . . . . . . . . . . . . . . . . . . . . 12 17 Temporary and casual employees . . . . . . . . . . . . . . . . . . . . . . . . 12 18 Preservation of rights if public service employee appointed. . . . . 13 19 Preservation of rights if person becomes public service employee ..................................... 13

 


 

2 Agricultural College Bill 2005 20 Preservation of rights if public service employee seconded. . . . . 13 Part 3 Australian Agricultural College Corporation Advisory Board Division 1 Establishment and functions 21 Establishment of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 22 Board's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 2 Board membership 23 Board membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 24 Board chairperson and deputy chairperson . . . . . . . . . . . . . . . . . 14 25 Term of appointment to board . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 26 Conditions of appointment to board . . . . . . . . . . . . . . . . . . . . . . . 15 27 Vacating office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Division 3 Board meetings 28 Conduct of board's business . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 29 Times and places of board meetings . . . . . . . . . . . . . . . . . . . . . . 16 30 Presiding at board meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 31 Voting at board meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 32 Quorum for board meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 33 Meetings held using communication technology . . . . . . . . . . . . . 17 34 Board minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 4 Other provisions 35 Establishing committees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Part 4 Agricultural college, director and student advisory council Division 1 Agricultural college 36 Agricultural college . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Division 2 Director and other staff of agricultural college 37 Director and other staff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 38 Acting director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Division 3 Student advisory councils Subdivision 1 Agricultural college student advisory council 39 Student advisory council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 40 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 41 Term of membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 42 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Subdivision 2 Campus student advisory councils 43 Director may establish campus student advisory councils . . . . . . 21 44 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

 


 

3 Agricultural College Bill 2005 Part 5 General 45 Driver training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 46 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 47 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Part 6 Repeal and transitional provisions Division 1 Repeal 48 Repeal of Agricultural Colleges Act 1994. . . . . . . . . . . . . . . . . . . 23 Division 2 Transitional provisions for Agricultural College Act 2005 49 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 50 References to repealed Act or college board . . . . . . . . . . . . . . . . 23 51 Dissolution of college boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 52 Assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 53 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 54 Existing decisions of college boards . . . . . . . . . . . . . . . . . . . . . . 25 55 Dealing with disciplinary matters . . . . . . . . . . . . . . . . . . . . . . . . . 25 56 Administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 57 Continuation of appointment of staff. . . . . . . . . . . . . . . . . . . . . . . 26 58 Amalgamation of former agricultural colleges . . . . . . . . . . . . . . . 27 59 Registered providers under the Education (Overseas Students) Act 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Part 7 Amendment of Acts 60 Acts amended in sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Schedule 1 Consequential amendments . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Criminal Law (Rehabilitation of Offenders) Act 1986 . . . . . . . . . . 29 Education (Overseas Students) Act 1996 . . . . . . . . . . . . . . . . . . 29 Education (Work Experience) Act 1996 . . . . . . . . . . . . . . . . . . . . 30 Public Sector Ethics Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Whistleblowers Protection Act 1994 . . . . . . . . . . . . . . . . . . . . . . . 30 Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Attachment Ministerial Declaration `Stepping Forward: Improving Pathways for all Young People' . . . . . . . . . . . . . . . . . . . . . . . . 33

 


 

 

2005 A Bill for An Act to establish the Australian Agricultural College Corporation and provide for an agricultural college, and for other purposes

 


 

s1 6 s4 Agricultural College Bill 2005 The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 1 Short title 3 This Act may be cited as the Agricultural College Act 2005. 4 2 Commencement 5 This Act commences on a day to be fixed by proclamation. 6 3 Dictionary 7 The dictionary in schedule 2 defines particular words used in 8 this Act. 9 4 Ministerial declaration `Stepping forward: improving 10 pathways for all young people' 11 (1) One of the objectives of this Act is to implement initiatives 12 that are consistent with the Ministerial declaration `Stepping 13 forward: improving pathways for all young people'. 14 (2) The Ministerial declaration is the declaration of commitment 15 to the young people of Australia by Ministers for Education, 16 Employment, Training, Youth Affairs and Community 17 Services endorsed in July 2002 by the Ministerial Council on 18 Education, Employment, Training and Youth Affairs. 19 (3) A copy of the declaration is set out in the attachment. 20 (4) The attachment is not part of this Act. 21

 


 

s5 7 s7 Agricultural College Bill 2005 Part 2 Australian Agricultural College 1 Corporation 2 Division 1 Establishment and capacity of 3 corporation 4 5 Establishment of Australian Agricultural College 5 Corporation 6 (1) A corporation sole constituted by the chief executive is 7 established under the name Australian Agricultural College 8 Corporation. 9 (2) The corporation as established under that name-- 10 (a) has perpetual succession and a seal; and 11 (b) may sue and be sued in its corporate name. 12 6 Corporation represents the State 13 (1) The corporation represents the State. 14 (2) Without limiting subsection (1), the corporation has all the 15 State's privileges and immunities. 16 7 Legal capacity of corporation 17 (1) The corporation has all the powers of an individual and may, 18 for example-- 19 (a) enter into contracts; and 20 (b) acquire, hold, dispose of, and deal with, property; and 21 (c) appoint agents and attorneys; and 22 (d) engage consultants; and 23 (e) fix charges, and other terms, for services it supplies; and 24 (f) do anything necessary or convenient to be done in the 25 performance of its functions under this or another Act. 26 (2) The corporation also has the powers conferred on it by this or 27 another Act. 28

 


 

s8 8 s 10 Agricultural College Bill 2005 (3) The corporation may exercise its powers inside and outside 1 Queensland. 2 (4) Without limiting subsection (3), the corporation may exercise 3 its powers outside Australia. 4 8 Corporation declared to be excluded matter 5 The corporation is declared to be an excluded matter for the 6 Corporations Act, section 5F, in relation to the whole of the 7 Corporations legislation.1 8 9 Corporation's seal 9 (1) The corporation's seal is to be kept in the custody of the chief 10 executive. 11 (2) The seal may be used only by-- 12 (a) the chief executive; or 13 (b) another person authorised, in writing, by the 14 corporation. 15 Division 2 Functions 16 10 Corporation's functions generally 17 The functions of the corporation are as follows-- 18 (a) to promote the creation of employment opportunities in 19 the State by facilitating the provision of agricultural and 20 rural vocational education and training relevant to 21 employment and encourage the generation of 22 employment opportunities; 23 (b) to establish a system for the effective and efficient 24 provision of high quality vocational education and 25 training to meet the immediate and future needs of the 26 agricultural and rural industries and the community; 27 1 Corporations Act, section 5F (Corporations legislation does not apply to matters declared by State or Territory law to be an excluded matter)

 


 

s 11 9 s 11 Agricultural College Bill 2005 (c) to provide mechanisms for employees, employers, 1 associations of employees or employers and the 2 community to advise government on agricultural 3 training needs and priorities to meet those needs; 4 (d) to work in cooperation with other governmental bodies, 5 industry, commerce and community groups and other 6 persons on matters relating to the agricultural and rural 7 industries; 8 (e) to exploit commercially any facility or resource of the 9 corporation, including any study, research or 10 knowledge, developed by or belonging to the 11 corporation; 12 (f) to provide facilities or services for study, research and 13 training relevant to the agricultural, rural and related 14 industries, including by ensuring the availability of 15 appropriate resources and support for the agricultural 16 college; 17 (g) to comply with national and State quality standards and 18 audit requirements for registered training organisations; 19 (h) to support the continued development of high quality 20 training by and within the agricultural industry; 21 (i) to promote a community commitment towards 22 supporting young people in the compulsory 23 participation phase; 24 (j) to implement initiatives that are consistent with the 25 ministerial declaration `Stepping forward: improving 26 pathways for all young people' as mentioned in 27 section 4. 28 (k) to perform other functions given to the corporation 29 under this or another Act. 30 11 Additional functions in relation to agricultural college 31 The corporation's functions in relation to the agricultural 32 college are as follows-- 33 (a) to control, operate and maintain the agricultural college; 34

 


 

s 11 10 s 11 Agricultural College Bill 2005 (b) to establish and review the agricultural college's 1 strategic direction; 2 (c) to develop and implement strategic plans and business 3 plans for the agricultural college; 4 (d) to decide policy for achieving the agricultural college's 5 business purpose, and for other agricultural college 6 purposes; 7 (e) to develop and implement appropriate risk management 8 strategies for the agricultural college; 9 (f) to improve the participation of Aboriginal people and 10 Torres Strait Islanders (indigenous people) in training 11 by attracting indigenous people to, and supporting 12 indigenous people in, training resulting in a 13 qualification or statement of attainment in numbers that 14 reflect the composition of the community; 15 (g) to improve the participation of young people in training 16 by attracting young people to, and supporting young 17 people in, training resulting in a qualification or 18 statement of attainment; 19 (h) to ensure pastoral care is available for students of the 20 agricultural college; 21 (i) to develop and implement appropriate strategies to help 22 students make the transition from an educational 23 environment to the workplace; 24 (j) to maintain the industry links necessary for achieving 25 support from industry for the agricultural college's 26 activities; 27 (k) to encourage opportunities for growth in the agricultural 28 college's training market, including opportunities 29 relating to persons and places outside Australia; 30 (l) to monitor the performance of the director and the 31 agricultural college. 32

 


 

s 12 11 s 14 Agricultural College Bill 2005 Division 3 Financial matters 1 12 Corporation is statutory body 2 (1) The corporation is a statutory body under-- 3 (a) the Financial Administration and Audit Act 1977; and 4 (b) the Statutory Bodies Financial Arrangements Act 1982. 5 (2) The Statutory Bodies Financial Arrangements Act 1982, 6 part 2B, sets out the way in which the corporation's powers 7 under this Act are affected by the Statutory Bodies Financial 8 Arrangements Act 1982, including, for example, section 7(3) 9 and (4) of this Act. 10 Division 4 Directions and delegations 11 13 Minister's power to give directions 12 (1) The Minister may give the corporation a written direction 13 about a matter relevant to the performance of the corporation's 14 functions under this Act. 15 (2) The corporation must comply with the direction. 16 (3) If the Minister gives the corporation a direction under 17 subsection (1), the corporation's annual report under the 18 Financial Administration and Audit Act 1977 must include-- 19 (a) particulars of the direction; and 20 (b) particulars of the corporation's response to the direction. 21 14 Delegation by corporation 22 (1) The corporation may delegate its powers under this Act to-- 23 (a) an appropriately qualified officer or employee of the 24 corporation; or 25 (b) an appropriately qualified officer or employee of the 26 department. 27 (2) In this section-- 28

 


 

s 15 12 s 17 Agricultural College Bill 2005 appropriately qualified includes having the qualifications, 1 experience or standing appropriate to exercise the power. 2 3 Example of standing for an officer or employee of the department-- 4 the officer or employee's classification level in the department Division 5 Staff of corporation 5 15 Officers 6 (1) The corporation may employ the officers the corporation 7 considers necessary for staffing the corporation. 8 (2) The corporation may decide the officers' terms of 9 employment. 10 (3) However, subsection (2) has effect subject to any relevant 11 industrial instrument. 12 (4) Officers are appointed under this Act and not the Public 13 Service Act 1996. 14 16 Secondment as officer of corporation 15 (1) A public service employee may be seconded to the 16 corporation. 17 (2) While seconded under this section-- 18 (a) the person is taken to be an officer of the corporation; 19 and 20 (b) the Public Service Act 1996 does not apply to the 21 person. 22 17 Temporary and casual employees 23 (1) The corporation may employ the temporary and casual 24 employees the corporation considers necessary for this Act. 25 (2) The corporation may decide the employees' terms of 26 employment. 27 (3) However, subsection (2) has effect subject to any relevant 28 industrial instrument. 29

 


 

s 18 13 s 20 Agricultural College Bill 2005 (4) Employees of the corporation are employed under this Act 1 and not the Public Service Act 1996. 2 18 Preservation of rights if public service employee 3 appointed 4 A public service employee who is appointed as an officer or 5 employee of the corporation under this Act is entitled to retain 6 all existing and accruing rights as if service as an officer or 7 employee of the corporation were a continuation of service as 8 a public service employee. 9 19 Preservation of rights if person becomes public service 10 employee 11 On the appointment of a person who is an officer or employee 12 of the corporation as a public service employee, the person's 13 service as an officer or employee of the corporation under this 14 Act must be regarded as service as a public service employee. 15 20 Preservation of rights if public service employee 16 seconded 17 (1) A public service employee seconded under section 16-- 18 (a) is entitled to the person's existing and accruing rights as 19 if employment as an officer of the corporation were a 20 continuation of employment as a public service 21 employee; and 22 (b) may apply for positions, and be employed, in the public 23 service as if the person were a public service employee. 24 (2) On ending the secondment, the person's employment on 25 secondment as an officer of the corporation is taken to be 26 employment of the same nature in the public service for 27 working out the person's rights as a public service employee. 28 (3) If the secondment ended for a reason other than misconduct, 29 the person is entitled to be employed as a public service 30 employee. 31

 


 

s 21 14 s 24 Agricultural College Bill 2005 Part 3 Australian Agricultural College 1 Corporation Advisory Board 2 Division 1 Establishment and functions 3 21 Establishment of board 4 The Australian Agricultural College Corporation Advisory 5 Board is established. 6 22 Board's functions 7 The board has the function of providing advice to the 8 corporation about the following-- 9 (a) training of, and delivery of services to, students of the 10 agricultural college; 11 (b) the needs of communities serviced by the agricultural 12 college; 13 (c) the needs of the agricultural and rural industries. 14 Division 2 Board membership 15 23 Board membership 16 The board consists of the members appointed by written 17 notice by the Minister. 18 24 Board chairperson and deputy chairperson 19 (1) The Minister must appoint a member to be the chairperson of 20 the board and may appoint another person to be the deputy 21 chairperson of the board. 22 (2) The chairperson or deputy chairperson holds office as 23 chairperson or deputy chairperson-- 24 (a) for the term decided by the Minister; or 25

 


 

s 25 15 s 26 Agricultural College Bill 2005 (b) if the person's term of office as member ends before the 1 person's term of office as chairperson or deputy 2 chairperson ends--until the day the person's term of 3 office as member ends; or 4 (c) if the person's term of office as member and the person's 5 term of office as chairperson or deputy chairperson end 6 on the same day--until the day the person's offices end. 7 (3) A vacancy occurs in the office of chairperson or deputy 8 chairperson if the person holding office-- 9 (a) is removed from office by signed notice from the 10 Minister; or 11 (b) resigns from office by signed notice of resignation given 12 to the Minister. 13 (4) However, a person removed from, or resigning from, the 14 office of chairperson or deputy chairperson may continue to 15 be a member of the board. 16 25 Term of appointment to board 17 (1) A board member is appointed for the term stated in the 18 member's notice of appointment. 19 (2) A board member may resign by signed notice of resignation 20 given to the Minister. 21 26 Conditions of appointment to board 22 (1) A board member is not entitled to any remuneration, other 23 than the reimbursement of reasonable expenses and travel 24 allowance, unless remuneration is approved in writing by the 25 Minister. 26 (2) A board member holds office-- 27 (a) on the conditions stated in this Act; and 28 (b) on the other conditions decided by the Minister. 29

 


 

s 27 16 s 30 Agricultural College Bill 2005 27 Vacating office 1 The office of a board member becomes vacant if the 2 member-- 3 (a) resigns from office by signed notice of resignation given 4 to the Minister; or 5 (b) is absent without the board's permission from 6 3 consecutive board meetings of which proper notice 7 has been given and without reasonable excuse; or 8 (c) is removed from office by signed notice from the 9 Minister. 10 Division 3 Board meetings 11 28 Conduct of board's business 12 Subject to this Act, the board may conduct its business in the 13 way it considers appropriate. 14 29 Times and places of board meetings 15 (1) Board meetings are to be held at the times and places it 16 decides. 17 (2) However, the chairperson may call a board meeting at any 18 time. 19 (3) The Minister may also call a board meeting at any time. 20 (4) The board must meet at least twice a year. 21 30 Presiding at board meetings 22 (1) The chairperson is to preside at all board meetings at which 23 the chairperson is present. 24 (2) If the chairperson is absent, any deputy chairperson, if 25 present, is to preside. 26 (3) If the chairperson and any deputy chairperson are absent, the 27 member chosen by the members present is to preside. 28

 


 

s 31 17 s 34 Agricultural College Bill 2005 31 Voting at board meetings 1 (1) At board meetings, all questions are to be decided by a 2 majority of the votes of the members present. 3 (2) If a member abstains from voting, the member is taken to vote 4 for the negative. 5 (3) The chairperson or a member presiding at a meeting is to have 6 a vote and, if the votes are equal, a casting vote. 7 32 Quorum for board meeting 8 A quorum for a board meeting is the number equal to one half 9 of the number of its appointed members or, if one half is not a 10 whole number, the next highest whole number. 11 33 Meetings held using communication technology 12 (1) The board may hold meetings, or permit members to take part 13 in meetings, by using any technology that reasonably allows 14 members to hear and take part in discussions as they happen. 15 16 Example of use of technology-- 17 teleconferencing (2) A member who participates in a board meeting under 18 subsection (1) is taken to be present at the meeting. 19 (3) A resolution is validly made by the board, even if it is not 20 passed at a board meeting, if-- 21 (a) notice of the resolution is given to the board members 22 under procedures approved by the board; and 23 (b) the number of members required for a quorum agree in 24 writing to the resolution. 25 34 Board minutes 26 The board must keep a record of the minutes of its meetings 27 and its decisions. 28

 


 

s 35 18 s 36 Agricultural College Bill 2005 Division 4 Other provisions 1 35 Establishing committees 2 (1) The board may, with the written approval of the corporation, 3 establish a committee to help it perform its functions. 4 (2) When seeking the corporation's approval, the board must give 5 the corporation a statement of the proposed committee's terms 6 of reference and functions. 7 (3) Appointments to the committee are to be made by the board 8 by written notice. 9 (4) The board may appoint a person to the committee only if the 10 person has skills or experience appropriate to the committee's 11 terms of reference or functions. 12 (5) A committee member is not entitled to any remuneration, 13 other than the reimbursement of reasonable expenses and 14 travel allowance, unless remuneration is approved in writing 15 by the corporation. 16 (6) Subsection (1) does not apply to a committee of the board's 17 members. 18 Part 4 Agricultural college, director 19 and student advisory council 20 Division 1 Agricultural college 21 36 Agricultural college 22 (1) An agricultural college is established for the purposes of this 23 Act. 24 (2) The college has no legal existence apart from the corporation. 25 (3) The corporation may-- 26

 


 

s 37 19 s 38 Agricultural College Bill 2005 (a) give the college a name; and 1 (b) establish campuses of the agricultural college. 2 Division 2 Director and other staff of 3 agricultural college 4 37 Director and other staff 5 (1) The corporation may appoint a director for the agricultural 6 college. 7 (2) Subject to the corporation, the director is responsible for the 8 day to day management of the agricultural college. 9 (3) The corporation may employ the other officers and employees 10 (the other staff) the corporation considers necessary for the 11 the agricultural college. 12 (4) The corporation may decide the terms of employment for the 13 director and other staff. 14 (5) However, subsection (4) has effect subject to any relevant 15 industrial instrument. 16 (6) The director and other staff of the agricultural college are 17 appointed under this Act and not under the Public Service Act 18 1996. 19 38 Acting director 20 The corporation may appoint a person to act as director-- 21 (a) during any vacancy, or all vacancies, in the office; or 22 (b) during any period, or all periods, when the director is 23 absent from the State or, for another reason, cannot 24 perform the functions of the office. 25

 


 

s 39 20 s 40 Agricultural College Bill 2005 Division 3 Student advisory councils 1 Subdivision 1 Agricultural college student 2 advisory council 3 39 Student advisory council 4 (1) A student advisory council for the agricultural college is 5 established. 6 (2) The student advisory council consists of-- 7 (a) 1 student from each campus of the agricultural college; 8 and 9 (b) 2 members of the staff of the agricultural college. 10 (3) For subsection (2)(a), the students of each campus are to elect 11 a person who is a student of the campus as a member of the 12 student advisory council. 13 (4) For subsection (2)(b), the agricultural college staff are to elect 14 persons from the staff of the agricultural college as members 15 of the student advisory council. 16 (5) An election under subsection (3) or (4) is to be held as and 17 when required by the corporation. 18 40 Functions 19 (1) The student advisory council has the following functions-- 20 (a) to advise the corporation or the director on matters the 21 corporation or director refers to the advisory council; 22 (b) to advise the corporation or the director on matters 23 about the agricultural college or students the advisory 24 council considers should be referred to the corporation 25 or director; 26 (c) any other functions conferred on it by this Act. 27 (2) The student advisory council is not the employee, agent or 28 representative of the corporation. 29

 


 

s 41 21 s 44 Agricultural College Bill 2005 41 Term of membership 1 (1) A member of the student advisory council for a particular year 2 holds office until the end of that calendar year and may resign 3 the office by written notice given to the director. 4 (2) However, a student advisory council member who is elected 5 as a student or a staff member stops being a member of the 6 advisory council if the member stops being a student or staff 7 member. 8 42 Conduct of meetings 9 (1) The advisory council must choose a student member to be the 10 chairperson of the advisory council. 11 (2) The advisory council may otherwise regulate its proceedings 12 as it considers appropriate. 13 Subdivision 2 Campus student advisory councils 14 43 Director may establish campus student advisory councils 15 The director may establish a student advisory council for a 16 campus of the agricultural college. 17 44 Functions 18 (1) A student advisory council for a campus of the agricultural 19 college has the following functions-- 20 (a) to advise the director on matters the director refers to the 21 advisory council; 22 (b) to advise the director on matters about the campus or 23 students the advisory council considers should be 24 referred to the director. 25 (2) The student advisory council is not the employee, agent or 26 representative of the corporation. 27

 


 

s 45 22 s 47 Agricultural College Bill 2005 Part 5 General 1 45 Driver training 2 (1) Despite the Transport Operations (Road Use Management) 3 Act 1995, a student who is required to drive a specially 4 constructed vehicle in the grounds of the agricultural college 5 as part of the student's training at the agricultural college is, 6 while driving the specially constructed vehicle, taken to hold 7 a learner licence to drive the specially constructed vehicle. 8 (2) Subsection (1) does not apply if the student-- 9 (a) has a driver licence that, at the time of driving the 10 specially constructed vehicle, is suspended or cancelled; 11 or 12 (b) is, at the time of driving the specially constructed 13 vehicle, disqualified by order of an Australian court 14 from holding or obtaining a driver licence. 15 (3) In this section-- 16 driver licence has the meaning given by the Transport 17 Operations (Road Use Management) Act 1995, schedule 4. 18 learner licence has the meaning given by the Transport 19 Operations (Road Use Management) Act 1995, schedule 4. 20 specially constructed vehicle has the meaning given by the 21 Transport Operations (Road Use Management--Driver 22 Licensing) Regulation 1999, schedule 6. 23 student means a student of the agricultural college who is at 24 least 16 years and 6 months. 25 46 Delegation by Minister 26 The Minister may delegate the Minister's powers under this 27 Act to the corporation. 28 47 Regulation-making power 29 (1) The Governor in Council may make regulations under this 30 Act. 31

 


 

s 48 23 s 50 Agricultural College Bill 2005 (2) A regulation may be made about the following-- 1 (a) fees, including the refunding of fees, for this Act; 2 (b) imposing a penalty of not more than 20 penalty units for 3 a contravention of a provision of a regulation. 4 Part 6 Repeal and transitional 5 provisions 6 Division 1 Repeal 7 48 Repeal of Agricultural Colleges Act 1994 8 The Agricultural Colleges Act 1994 No. 58 is repealed. 9 Division 2 Transitional provisions for 10 Agricultural College Act 2005 11 49 Definitions for div 2 12 former agricultural college means an agricultural college 13 under the repealed Act. 14 college board means a college board under the repealed Act. 15 commencement means the day this division commences. 16 50 References to repealed Act or college board 17 (1) In an Act or document, a reference to the repealed Act may, if 18 the context permits, be taken as a reference to this Act. 19 (2) A reference in an Act or document to a former agricultural 20 college or a college board may, if the context permits, be taken 21 to be a reference to the corporation. 22

 


 

s 51 24 s 52 Agricultural College Bill 2005 51 Dissolution of college boards 1 (1) On the commencement-- 2 (a) each of the college boards is dissolved; and 3 (b) the members of each of the boards go out of office. 4 (2) No compensation is payable to a member of a college board 5 because of subsection (1). 6 52 Assets and liabilities 7 (1) On the commencement-- 8 (a) the assets and liabilities of the college boards become 9 assets and liabilities of the corporation; and 10 (b) any contracts, agreements, arrangements and deeds 11 entered into by or on behalf of a college board, in force 12 immediately before the commencement, are taken to 13 have been entered into by the corporation and may be 14 enforced against or by the corporation; and 15 (c) all guarantees, mandates, instructions, notices, 16 directions, undertakings and securities given by or on 17 behalf of, or to, a college board, in force immediately 18 before the commencement, are taken to have been given 19 by or to the corporation and may be enforced against or 20 by the corporation; and 21 (d) any property that, immediately before the 22 commencement, was held on trust, or subject to a 23 condition, by a college board continues to be held on the 24 same trust, or subject to the same condition, by the 25 corporation; and 26 (e) any lease granted by, or to, a college board, in force 27 immediately before the commencement, is taken to have 28 been granted by, or to, the corporation. 29 (2) The registrar of titles or other person responsible for keeping a 30 register for dealings in property must, if asked by the 31 corporation, record the vesting of the property under this 32 section in the corporation. 33

 


 

s 53 25 s 56 Agricultural College Bill 2005 53 Proceedings 1 A proceeding that could have been started or continued by or 2 against a college board before the commencement may be 3 started or continued by or against the corporation. 4 54 Existing decisions of college boards 5 (1) This section applies to a decision of a college board before the 6 commencement, if the decision had not had full effect at the 7 commencement. 8 (2) The decision continues in force, subject to this Act, and is 9 taken to be a decision of the corporation. 10 (3) Without limiting subsection (2), if the decision is one in 11 relation to which a person had a right to appeal against the 12 decision that had not ended immediately before the 13 commencement, the person may appeal against the decision 14 as if it were a decision of the corporation. 15 55 Dealing with disciplinary matters 16 (1) A matter that under a disciplinary rule had started to be, or 17 could have been, dealt with by a former agricultural college 18 before the commencement may be continued to be dealt with, 19 or started, by the director. 20 (2) In this section-- 21 disciplinary rule means a college rule about the disciplining 22 of students made by a former agricultural college and in force 23 immediately before the commencement. 24 56 Administrator 25 (1) This section applies if, immediately before the 26 commencement, a person held office as an administrator for a 27 former agricultural college. 28 (2) On the commencement-- 29 (a) the administrator stops holding office; and 30 (b) any decision made by the administrator before the 31 commencement that has not had full effect continues in 32

 


 

s 57 26 s 57 Agricultural College Bill 2005 force, subject to this Act, and is taken to be a decision of 1 the corporation. 2 (3) No compensation is payable to an administrator because of 3 subsection (2)(a). 4 57 Continuation of appointment of staff 5 (1) This section applies to a person who, immediately before the 6 commencement-- 7 (a) held the position of director of a former agricultural 8 college; or 9 (b) was member of a former agricultural college's staff. 10 (2) On the commencement, the person is taken to be an officer of 11 the corporation. 12 (3) Until otherwise decided under section 15(2), the person is 13 taken to be employed by the corporation on the same 14 conditions on which the person was employed by the former 15 agricultural college. 16 (4) Also-- 17 (a) the person keeps all rights accrued or accruing to the 18 person as an employee of the former agricultural 19 college; and 20 (b) the person's entitlements to receive long service, 21 recreation and sick leave and any similar entitlements 22 accrued or accruing to the person as an employee of the 23 former agricultural college are unaffected; and 24 (c) if the person is a member of a superannuation scheme-- 25 (i) the person keeps all entitlements accrued or 26 accruing to the person as a member of the scheme; 27 and 28 (ii) the person's membership of the scheme is not 29 affected. 30 (5) Without limiting subsection (3), if an industrial instrument 31 applies to the person immediately before the repeal, the 32 instrument continues to apply to the person. 33

 


 

s 58 27 s 59 Agricultural College Bill 2005 (6) Subsection (5) has effect subject to the Industrial Relations 1 Act 1999. 2 58 Amalgamation of former agricultural colleges 3 On the commencement-- 4 (a) the former agricultural colleges are amalgamated and 5 taken to be the agricultural college under section 36(1); 6 and 7 (b) each former agricultural college is taken to be a campus 8 of the agricultural college as if it had been established 9 by the corporation as a campus under section 36(3)(b). 10 59 Registered providers under the Education (Overseas 11 Students) Act 1996 12 (1) This section applies if, immediately before the 13 commencement, the chairperson of a board of a former 14 agricultural college was a registered provider under the 15 Education (Overseas Students) Act 1996. 16 (2) On the commencement, the director is taken to be the 17 registered provider for that Act. 18 (3) As soon as practicable after the commencement-- 19 (a) the director must return any registration certificate given 20 to the former agriculture college; and 21 (b) the chief executive of the department in which the 22 Education (Overseas Students) Act 1996 is administered 23 must-- 24 (i) return to the director the certificate suitably 25 amended; or 26 (ii) give the director a suitable new registration 27 certificate. 28 (4) Without limiting the conditions that may be included in an 29 amended or new certificate of registration under 30 subsection (3)(b)(i) or (ii), the certificate must include a 31 condition stating the campuses of the agricultural college 32 where registered courses under the Education (Overseas 33 Students) Act 1996 may be delivered. 34

 


 

s 60 28 s 60 Agricultural College Bill 2005 Part 7 Amendment of Acts 1 60 Acts amended in sch 1 2 Schedule 1 amends the Acts mentioned in it. 3

 


 

29 Agricultural College Bill 2005 Schedule 1 Consequential amendments 1 section 60 2 Criminal Law (Rehabilitation of Offenders) Act 1986 3 1 Section 9A, table, item 8, column 1, `an agricultural 4 college under the Agricultural Colleges Act 1994'-- 5 omit, insert-- 6 `the agricultural college under the Agricultural College Act 7 2005'. 8 Education (Overseas Students) Act 1996 9 1 Section 5(1)(a)(iii)-- 10 omit, insert-- 11 `(iii) the director of the agricultural college; and'. 12 2 Section 19(2), `the chairpersons of the boards of 13 agricultural colleges'-- 14 omit, insert-- 15 `the director of the agricultural college'. 16 3 Section 19(2), `or colleges'-- 17 omit, insert-- 18 `or college'. 19 4 Schedule, definitions agricultural college and 20 chairperson of the board of an agricultural college-- 21 omit, insert-- 22

 


 

30 Agricultural College Bill 2005 Schedule 1 (continued) `agricultural college means the agricultural college under the 1 Agricultural College Act 2005. 2 director, of the agricultural college, means the person 3 appointed under the Agricultural College Act 2005, 4 section 37, as the director of the agricultural college.'. 5 Education (Work Experience) Act 1996 6 1 Section 5(1)(f), `an agricultural college under the 7 Agricultural Colleges Act 1994'-- 8 omit, insert-- 9 `the agricultural college under the Agricultural College Act 10 2005'. 11 Public Sector Ethics Act 1994 12 1 Schedule, definition agricultural college-- 13 omit, insert-- 14 `agricultural college means the agricultural college under the 15 Agricultural College Act 2005.'. 16 Whistleblowers Protection Act 1994 17 1 Schedule 6, definition agricultural college-- 18 omit, insert-- 19 `agricultural college means the agricultural college under the 20 Agricultural College Bill 2005.'. 21

 


 

31 Agricultural College Bill 2005 Schedule 2 Dictionary 1 section 3 2 agricultural college means the agricultural college 3 established under section 36(1). 4 board means the Australian Agricultural College Corporation 5 Advisory Board established under section 21. 6 campus, of the agricultural college, means a campus 7 established under section 36(3)(b). 8 compulsory participation phase see the Youth Participation in 9 Education and Training Act 2003, section 11. 10 director means the director of the agricultural college 11 appointed under section 37. 12 industrial instrument has the meaning given by the Industrial 13 Relations Act 1999. 14 pastoral care includes-- 15 (a) care and support provided for students in a safe living 16 and working environment; and 17 (b) care and support provided-- 18 (i) with the help of people in the agricultural college 19 or community who have appropriate life 20 experience or skills, or the ability, to work with 21 young people who may be experiencing personal 22 or educational difficulties; and 23 (ii) to help students develop interpersonal and living 24 skills. 25 qualification see the Vocational Education, Training and 26 Employment Act 2000, section 19. 27 registered training organisation means a registered training 28 organisation under the Vocational Education, Training and 29 Employment Act 2000. 30 repealed Act means the Agricultural Colleges Act 1994. 31

 


 

32 Agricultural College Bill 2005 Schedule 2 (continued) statement of attainment see the Vocational Education, 1 Training and Employment Act 2000, section 19. 2 student, of the agricultural college, means a student enrolled 3 in the agricultural college. 4

 


 

33 Agricultural College Bill 2005 Attachment Ministerial Declaration 1 `Stepping Forward: Improving 2 Pathways for all Young People' 3 section 4 4 A COMMITMENT TO THE YOUNG PEOPLE OF 5 AUSTRALIA BY MINISTERS FOR EDUCATION, 6 EMPLOYMENT, TRAINING, YOUTH AFFAIRS AND 7 COMMUNITY SERVICES 8 Young people make a significant contribution to Australia today and will 9 shape what it will be tomorrow. The vitality, ideas, creativity and visions of 10 all young people must be embraced. 11 The majority of young people are doing well, moving successfully through 12 the different stages of their lives and responding to the challenges of the 13 future. We can be confident that they will achieve success, find fulfilment 14 in their adult lives and make a positive contribution to this country. 15 Some young people find their journeys more difficult and challenging. 16 They may face problems in acquiring the knowledge, skills and 17 self-confidence that form the foundations of their adult lives. We recognise 18 the emotional, physical, cultural and learning barriers faced by these young 19 people and the social, economic and locational factors that may negatively 20 impact on their lives. There are opportunities for governments to address 21 these barriers so that young people can achieve their best. 22 As Ministers entrusted with the collective wellbeing and interests of young 23 people, we must foster an environment in which young people are nurtured 24 and challenged--a society where all young people can realise their full 25 potential. We must work together to support young Australians to achieve 26 success as individuals and as members of society. We need to act 27 collectively and we need to act now. 28

 


 

34 Agricultural College Bill 2005 Attachment (continued) VISION 1 Our vision is of an Australia where: 2 · young people benefit and flourish through sustaining networks of 3 family, friends and community, and through their engagement in 4 education, training, employment, recreation and society 5 · young people's opinions and contributions are sought and valued, 6 and they are encouraged and supported to take an active role in 7 their communities and the nation 8 · young people's lives are enriched by positive learning 9 experiences and opportunities that assist them to reach their full 10 potential 11 · we recognise and celebrate young people's achievements. 12 CHALLENGE 13 Our challenge is to: 14 · listen and respond to young people 15 · work creatively in partnership with young people to build 16 comprehensive networks that draw together jurisdictions, 17 government departments, families and communities so that 18 united we can address the complex issues confronting young 19 people 20 · recognise and address structural barriers faced by young people 21 · ensure that our governmental systems recognise the diversity of 22 young people through being inclusive, flexible and adaptive 23 · create effective opportunities for young people that are 24 accessible, integrated and meaningful 25 · encourage young people to take increasing responsibility for 26 their own lives, support their peers and contribute to their 27 community 28

 


 

35 Agricultural College Bill 2005 Attachment (continued) · ensure that young people have the information, skills and support 1 needed to negotiate the transition to adult life and to make 2 informed life decisions. 3 OUR DECLARATION 4 With this declaration, we commit to developing practical ways to increase 5 the social, educational and employment outcomes of Australia's young 6 people including those who are at risk, disconnected or in vulnerable 7 circumstances. We agree to establish a common direction to make a real 8 and lasting difference to the lives of young people. We are united by a 9 shared commitment and a joint responsibility. We unanimously agree to 10 work in partnership towards implementing a shared vision for all young 11 people. 12 Australia's Ministers for Education, Employment, Training, Youth Affairs 13 and Community Services 14

 


 

36 Agricultural College Bill 2005 Attachment (continued) © State of Queensland 2005

 


[Index] [Search] [Download] [Related Items] [Help]