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PARLIAMENT OF VICTORIA
Education Legislation Amendment (Governance)
Bill 2012
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--ABOLITION OF VICTORIAN SKILLS
COMMISSION AND REMOVAL OF INDUSTRY TRAINING
BOARDS PROVISIONS 4
3 Definitions 4
4 Repeal of Division 1 of Part 3.1--Co-ordination of State
training system 4
5 Repeal of Division 3 of Part 3.1--Industry training boards 4
6 Consequential amendments 4
7 New section 5.2.9A inserted 5
5.2.9A Delegation of Minister's powers 5
8 Consequential amendments 6
PART 3--VET FUNDING 7
9 Definition 7
10 New Division 1 inserted in Part 3.1 7
Division 1--Government funded vocational education
and training 7
3.1.1 Application of Division 7
3.1.2 VET funding 7
3.1.3 Provisions in VET funding contracts 8
3.1.4 Monetary amounts in VET funding contracts 11
3.1.5 Specific performance 12
3.1.6 Requirements of VET funding contracts for the
benefit of students 12
3.1.7 Right of entry to monitor VET funding contracts 13
11 Accountability of TAFE institute boards 14
12 Reserve powers of Minister 14
13 Definition of government training contract 14
571260B.I-24/10/2012 i BILL LA INTRODUCTION 24/10/2012
Clause Page
14 Decision about registration 15
15 Amending, suspending or cancelling registration of RTO 15
16 Information may be made available 16
PART 4--GOVERNANCE OF TAFE INSTITUTES AND
ADULT EDUCATION INSTITUTIONS 17
Division 1--TAFE institutes 17
17 Sections 3.1.11, 3.1.12 and 3.1.13 substituted 17
3.1.11 TAFE institutes and boards 17
3.1.12 TAFE institute is a body corporate 21
3.1.12A Objectives of TAFE institutes 22
3.1.12B Functions of TAFE institutes 23
3.1.12C Powers of TAFE institutes 24
3.1.13 Functions of TAFE institute boards 25
18 Powers of TAFE institute boards 26
19 Accountability of TAFE institute boards 26
20 Section 3.1.16 substituted 27
3.1.16 Board directorship 27
21 Section 3.1.18 substituted 29
3.1.18 Removal of directors 29
22 Consequential amendments 29
23 New section 3.1.26AA inserted 30
3.1.26AA Establishment of a board of a TAFE institute to
govern both the institute and an adult education
institution 30
24 Amendments to Schedule 2 33
13A Funds of TAFE institutes and adult education
institutions 34
25 Amendments to Schedule 3 35
Division 2--Adult education institutions 35
26 Sections 3.3.28, 3.3.29 and 3.3.30 substituted 35
3.3.28 Adult education institutions and governing boards 35
3.3.29 Adult education institution is a body corporate 39
3.3.29A Objectives of adult education institutions 40
3.3.29B Functions of adult education institutions 42
3.3.29C Powers of adult education institutions 43
3.3.30 Functions of governing boards 44
27 Powers of governing boards 45
28 Accountability of governing boards 45
29 Section 3.3.33 substituted 46
3.3.33 Governing board membership 46
30 Removal from office of members 47
31 Consequential amendments 47
571260B.I-24/10/2012 ii BILL LA INTRODUCTION 24/10/2012
Clause Page
PART 5--TRANSITIONAL AND SAVINGS PROVISIONS 49
32 Repeal of sections 6.1.19(4) and (5) and 6.1.28 49
33 New sections 6.1.31 to 6.1.33 inserted 49
6.1.31 Transitional and savings provisions--the Education
Legislation Amendment (Governance) Act 2012 49
6.1.32 Transitional and savings provisions--the Education
Legislation Amendment (Governance) Act 2012 51
6.1.33 Transitional and savings provisions--the Education
Legislation Amendment (Governance) Act 2012 54
PART 6--AMENDMENT OF UNIVERSITY ACTS 59
Division 1--Amendment of Deakin University Act 2009 59
34 Members of Council 59
35 New section 11 substituted 59
11 Council membership 59
36 New section 63 inserted 61
63 Orders in Council 61
37 New Division 3 substituted in Part 8 63
Division 3--Further transitional provisions 63
74 Definition for this Division 63
75 Operation of Interpretation of Legislation Act 1984 63
76 Constitution of Council 63
77 Saving of reconstituted Council 64
78 Members of Council 65
38 Consequential amendments 65
39 Terms of office of Council members 66
40 Consequential amendments 66
41 Quorum at meetings of the Council 67
42 Consequential amendment 67
Division 2--Amendment of La Trobe University Act 2009 68
43 Members of Council 68
44 New section 11 substituted 68
11 Council membership 68
45 New section 63 inserted 69
63 Orders in Council 69
46 New Division 3 substituted in Part 8 71
Division 3--Further transitional provisions 71
74 Definition for this Division 71
75 Operation of Interpretation of Legislation Act 1984 71
76 Constitution of Council 72
77 Saving of reconstituted Council 73
78 Members of Council 73
571260B.I-24/10/2012 iii BILL LA INTRODUCTION 24/10/2012
Clause Page
47 Consequential amendments 74
48 Terms of office of Council members 74
49 Consequential amendments 75
50 Quorum at meetings of the Council 76
51 Consequential amendment 76
Division 3--Amendment of University of Melbourne Act 2009 76
52 Members of Council 76
53 New section 11 substituted 76
11 Council membership 76
54 New section 63 inserted 78
63 Orders in Council 78
55 New Division 4 substituted in Part 8 80
Division 4--Further transitional provisions 80
78 Definition for this Division 80
79 Operation of Interpretation of Legislation Act 1984 80
80 Constitution of Council 80
81 Saving of reconstituted Council 81
82 Members of Council 82
56 Consequential amendments 82
57 Terms of office of Council members 83
58 Consequential amendments 83
59 Quorum at meetings of the Council 84
60 Consequential amendment 84
Division 4--Amendment of Monash University Act 2009 85
61 Members of Council 85
62 New section 11 substituted 85
11 Council membership 85
63 New section 63 inserted 86
63 Orders in Council 86
64 New Division 3 substituted in Part 8 88
Division 3--Further transitional provisions 88
75 Definition for this Division 88
76 Operation of Interpretation of Legislation Act 1984 88
77 Constitution of Council 89
78 Saving of reconstituted Council 90
79 Members of Council 90
65 Consequential amendments 91
66 Terms of office of Council members 91
67 Consequential amendments 92
68 Quorum at meetings of the Council 93
69 Consequential amendment 93
571260B.I-24/10/2012 iv BILL LA INTRODUCTION 24/10/2012
Clause Page
Division 5--Amendment of Royal Melbourne Institute of
Technology Act 2010 93
70 Members of Council 93
71 New section 11 substituted 94
11 Council membership 94
72 New section 63 inserted 95
63 Orders in Council 95
73 New Division 3 substituted in Part 8 97
Division 3--Further transitional provisions 97
74 Definition for this Division 97
75 Operation of Interpretation of Legislation Act 1984 97
76 Constitution of Council 97
77 Saving of reconstituted Council 99
78 Members of Council 99
74 Consequential amendments 100
75 Terms of office of Council members 100
76 Consequential amendments 101
77 Quorum at meetings of the Council 101
78 Consequential amendment 102
Division 6--Amendment of Swinburne University of Technology
Act 2010 102
79 Members of Council 102
80 New section 11 substituted 102
11 Council membership 102
81 New section 63 inserted 104
63 Orders in Council 104
82 New Division 3 substituted in Part 8 106
Division 3--Further transitional provisions 106
74 Definition for this Division 106
75 Operation of Interpretation of Legislation Act 1984 106
76 Constitution of Council 106
77 Saving of reconstituted Council 107
78 Members of Council 108
83 Consequential amendments 108
84 Terms of office of Council members 109
85 Consequential amendments 109
86 Quorum at meetings of the Council 110
87 Consequential amendment 110
Division 7--Amendment of University of Ballarat Act 2010 111
88 Members of Council 111
89 New section 11 substituted 111
11 Council membership 111
571260B.I-24/10/2012 v BILL LA INTRODUCTION 24/10/2012
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90 New section 63 inserted 112
63 Orders in Council 112
91 New Division 3 substituted in Part 8 114
Division 3--Further transitional provisions 114
74 Definition for this Division 114
75 Operation of Interpretation of Legislation Act 1984 114
76 Constitution of Council 115
77 Saving of reconstituted Council 116
78 Members of Council 116
92 Consequential amendments 117
93 Terms of office of Council members 117
94 Consequential amendments 118
95 Quorum at meetings of the Council 119
96 Consequential amendment 119
Division 8--Amendment of Victoria University Act 2010 119
97 Members of Council 119
98 New section 11 substituted 119
11 Council membership 119
99 New section 63 inserted 121
63 Orders in Council 121
100 New Division 3 substituted in Part 8 123
Division 3--Further transitional provisions 123
74 Definition for this Division 123
75 Operation of Interpretation of Legislation Act 1984 123
76 Constitution of Council 123
77 Saving of reconstituted Council 124
78 Members of Council 125
101 Consequential amendments 125
102 Terms of office of Council members 126
103 Consequential amendments 126
104 Quorum at meetings of the Council 127
105 Consequential amendment 127
PART 7--OTHER AMENDMENTS 128
106 Authorisations for use of Victorian student numbers and
related information 128
107 Proceedings for offences 128
108 Amendments to the Education and Training Reform
Amendment (Skills) Act 2010 128
109 Statute law revision amendments 129
571260B.I-24/10/2012 vi BILL LA INTRODUCTION 24/10/2012
Clause Page
PART 8--REPEAL OF AMENDING ACT 130
110 Repeal of amending Act 130
ENDNOTES 131
571260B.I-24/10/2012 vii BILL LA INTRODUCTION 24/10/2012
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Education Legislation Amendment
(Governance) Bill 2012
A Bill for an Act to amend the Education and Training Reform Act
2006, the Education and Training Reform Amendment (Skills) Act
2010 and various University Acts and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Education and Training
5 Reform Act 2006--
(i) to abolish the Victorian Skills
Commission; and
(ii) to repeal the provisions relating to
industry training boards; and
571260B.I-24/10/2012 1 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 1--Preliminary
s. 2
(iii) to provide for the making of VET
funding contracts between the Secretary
and registered training organisations
under which those organisations
5 provide public vocational education and
training programs and related services;
and
(iv) to provide that non-compliance with a
government training contract be taken
10 into account in relation to the
registration of training organisations;
and
(v) to enable the Victorian Registration and
Qualifications Authority and the
15 Secretary to disclose information or
give documents relating to VET
funding contracts to each other or to
certain Commonwealth authorities or
bodies; and
20 (vi) to make further governance provisions
relating to TAFE institutes and adult
education institutions; and
(vii) to make other miscellaneous
amendments to that Act; and
25 (b) to amend various University Acts to provide
for the membership of councils of
universities; and
(c) to amend the Education and Training
Reform Amendment (Skills) Act 2010 to
30 change the forced commencement date of
that Act and make other miscellaneous
amendments.
2 Commencement
(1) This Part and Part 7 come into operation on the
35 day after the day on which this Act receives the
Royal Assent.
571260B.I-24/10/2012 2 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 1--Preliminary
s. 2
(2) Subject to subsection (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in subsection (2) does
5 not come into operation before 1 January 2013, it
comes into operation on that day.
__________________
571260B.I-24/10/2012 3 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 2--Abolition of Victorian Skills Commission and Removal of Industry
s. 3
Training Boards Provisions
PART 2--ABOLITION OF VICTORIAN SKILLS
COMMISSION AND REMOVAL OF INDUSTRY TRAINING
BOARDS PROVISIONS
3 Definitions
5 See:
Act No.
In section 1.1.3(1) of the Education and
24/2006. Training Reform Act 2006 the definitions of
Reprint No. 3 Commission and industry training board are
as at
2 April 2012 repealed.
and
amending
Act Nos
17/2010,
76/2011,
20/2012,
27/2012,
39/2012 and
43/2012.
LawToday:
www.
legislation.
vic.gov.au
4 Repeal of Division 1 of Part 3.1--Co-ordination of
10 State training system
Division 1 of Part 3.1 of Chapter 3 of the
Education and Training Reform Act 2006 is
repealed.
5 Repeal of Division 3 of Part 3.1--Industry training
15 boards
Division 3 of Part 3.1 of Chapter 3 of the
Education and Training Reform Act 2006 is
repealed.
6 Consequential amendments
20 (1) In section 3.3.3 of the Education and Training
Reform Act 2006, for "(1) The functions"
substitute "The functions".
(2) Section 3.3.3(2) of the Education and Training
Reform Act 2006 is repealed.
25 (3) Section 5.2.1(2)(d)(iii) of the Education and
Training Reform Act 2006 is repealed.
571260B.I-24/10/2012 4 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 2--Abolition of Victorian Skills Commission and Removal of Industry
s. 7
Training Boards Provisions
7 New section 5.2.9A inserted
After section 5.2.9 of the Education and
Training Reform Act 2006 insert--
"5.2.9A Delegation of Minister's powers
5 (1) The Minister, by instrument, may delegate to
all the directors of the board of a TAFE
institute or all the members of the council of
a university with a TAFE division any power
or function under Division 2 of Part 5.4.
10 (2) If a power or function has been delegated to
all the directors of the board of a TAFE
institute or all the members of the council of
a university with a TAFE division under
subsection (1), the directors of that board or
15 the members of that council may delegate the
power or function to--
(a) any person holding office under this
Act or any person employed under this
Act or involved in the administration of
20 this Act; and
(b) in the case of the directors of the board
of a TAFE institute, any person
employed by the TAFE institute under
Part 3.1; and
25 (c) in the case of a university with a TAFE
division, any person employed on the
staff of the university--
if the original instrument of delegation of
that power or function authorised the making
30 of a further delegation.
(3) An original instrument of delegation may
specify any terms, conditions, limitations or
restrictions on the making of a further
delegation.
571260B.I-24/10/2012 5 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 2--Abolition of Victorian Skills Commission and Removal of Industry
s. 8
Training Boards Provisions
(4) Sections 42 and 42A of the Interpretation
of Legislation Act 1984 apply to a sub-
delegation authorised by subsection (2) in
the same way as they apply to a delegation.".
5 8 Consequential amendments
(1) In section 5.3.2 of the Education and Training
Reform Act 2006 omit "or of the Commission
made in accordance with Part 3.1".
(2) In section 5.4.14(2)(b) of the Education and
10 Training Reform Act 2006, for "Commission"
substitute "Minister".
(3) In section 5.4.15 of the Education and Training
Reform Act 2006, for "Commission" (where
twice occurring) substitute "Minister".
15 (4) In section 5.4.17(1) of the Education and
Training Reform Act 2006, for "Commission"
substitute "Minister".
(5) In section 5.8.8(4) of the Education and
Training Reform Act 2006, for "Commission"
20 (where first occurring) substitute "Victorian
Skills Commission before its abolition".
(6) In clause 1 of Schedule 2 to the Education and
Training Reform Act 2006, paragraph (f) of the
definition of authority is repealed.
25 (7) In clause 4(2) of Schedule 2 to the Education and
Training Reform Act 2006, for ", the Victorian
Registration and Qualifications Authority or the
Victorian Skills Commission" substitute "or the
Victorian Registration and Qualifications
30 Authority".
__________________
571260B.I-24/10/2012 6 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 3--VET Funding
s. 9
PART 3--VET FUNDING
9 Definition
In section 1.1.3(1) of the Education and
Training Reform Act 2006 insert the following
5 definition--
"VET funding contract means a vocational
education and training funding contract made
under Division 1 of Part 3.1;".
10 New Division 1 inserted in Part 3.1
10 Before Division 2 of Part 3.1 of the Education
and Training Reform Act 2006 insert--
"Division 1--Government funded vocational
education and training
3.1.1 Application of Division
15 (1) In this Division, contractor means an RTO
that has entered into a VET funding contract
with the Secretary in relation to the provision
by the RTO of vocational education and
training that is funded wholly or partially by
20 the State.
(2) In this Division, a reference to an RTO
includes a reference to a vocational
education and training organisation
registered under section 17 of the National
25 Vocational Education and Training
Regulator Act 2011 of the Commonwealth
that is operating in Victoria.
3.1.2 VET funding
(1) The Secretary may--
30 (a) make payments to RTOs that provide or
intend to provide vocational education
and training on any terms and
conditions the Secretary thinks fit; and
571260B.I-24/10/2012 7 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 3--VET Funding
s. 10
(b) enter into a VET funding contract with
an RTO in relation to the provision by
the RTO of vocational education and
training that is funded wholly or
5 partially by the State; and
(c) make payments to a local learning and
employment network in accordance
with a performance management
agreement with the committee of
10 management of the network; and
(d) make payments by way of grants,
subsidies or loans in relation to
vocational education and training to
any person, organisation or institution,
15 whether public or private, on any terms
or conditions that the Secretary thinks
fit.
(2) The Secretary may apply money for or
towards the costs of or incidental to the
20 performance of his or her functions and the
exercise of his or her powers under this
Division.
3.1.3 Provisions in VET funding contracts
A VET funding contract may provide for or
25 with respect to any of the following--
(a) the terms and conditions under which
the State will fund vocational education
and training programs, services and
facilities to be provided by the
30 contractor;
(b) that the contractor agrees to deliver
vocational education and training
programs, services and facilities as part
of the government vocational education
35 and training system;
571260B.I-24/10/2012 8 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 3--VET Funding
s. 10
(c) the terms and conditions under which
the contractor will provide vocational
education and training programs,
services and facilities as part of the
5 government vocational education and
training system;
(d) the vocational education and training
programs, services and facilities the
contractor will provide as part of the
10 government vocational education and
training system to government-
subsidised vocational education and
training students;
(e) the performance requirements of
15 vocational education and training
programs, services and facilities,
including performance requirements,
that are to be provided by the contractor
and the means by which those
20 performance requirements are to be
measured;
(f) the terms and conditions under which
funding is to be paid by the State to the
contractor for providing government-
25 subsidised vocational education and
training;
(g) the manner in which the contractor may
earn other revenue associated with the
delivery of government-subsidised
30 vocational education and training,
including the charging of fees to
government-subsidised vocational
education and training students;
(h) the fees, scales of fees or maximum or
35 minimum fees that may be charged to
government-subsidised vocational
education and training students;
571260B.I-24/10/2012 9 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 3--VET Funding
s. 10
(i) the matters in respect of which an order
for specific performance may be sought
in addition to any other remedy under
the contract or this Act;
5 (j) performance requirements for
government-subsidised vocational
education and training provided to
government-subsidised vocational
education and training students
10 belonging to a class of government-
subsidised vocational education and
training students who are not parties to
the contract where that class of students
is expressly specified or referred to in
15 the contract as a class of students to
which the contract extends;
(k) monetary amounts to be paid to the
State by the contractor--
(i) for a breach of contract;
20 (ii) for a failure (not being a breach of
contract) to meet a performance
requirement or standard specified
in the contract;
(iii) on the termination of the contract;
25 (l) the recovery from the contractor by the
State of fixed monetary amounts
referred to in paragraph (k) in
accordance with the contract;
(m) the variation of the contract;
30 (n) the transfer, assignment, subcontracting
or other dealing with any right, power
or duty under the contract;
(o) the manner in which the contract may
be terminated;
571260B.I-24/10/2012 10 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 3--VET Funding
s. 10
(p) rights of access granted to persons
authorised by the Secretary for the
purposes of monitoring compliance
with the contract;
5 (q) matters consequential on the
termination of the contract;
(r) any other matter required by this Act or
the regulations to be specified in a
contract;
10 (s) any other matter for or with respect to
which the Secretary considers that
provision should be made in the public
interest.
3.1.4 Monetary amounts in VET funding
15 contracts
(1) This section applies if a VET funding
contract expressly provides for the payment
by a contractor to the State of a monetary
amount fixed or determined in accordance
20 with the contract--
(a) for a breach of the contract;
(b) for a failure (not being a breach of
contract) to meet a performance
requirement specified in the contract;
25 (c) on the termination of the contract.
(2) Despite anything to the contrary in a rule of,
or principle at, common law relating to
liquidated damages or penalties in respect of
a breach of contract, the contractor may be
30 required to pay the monetary amount in
accordance with the provision of the VET
funding contract.
571260B.I-24/10/2012 11 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 3--VET Funding
s. 10
3.1.5 Specific performance
(1) This section applies if a VET funding
contract expressly provides that an order for
specific performance may be sought by the
5 Secretary for breach of the VET funding
contract.
(2) Despite anything to the contrary in a rule of,
or principle at, common law or equity, a
contractor may be required to provide
10 specific performance for a breach of, or
failure to comply with, the contract even
though--
(a) adequate damages may be available for
the breach of contract; or
15 (b) enforcement of the contract may
require personal services to be
provided.
3.1.6 Requirements of VET funding contracts
for the benefit of students
20 (1) This section applies to a student if--
(a) the student is of a class of students of
government-subsidised vocational
education and training that is expressly
specified or referred to in a VET
25 funding contract as a class of students
to which the contract extends; and
(b) the contract expressly provides that a
performance requirement of the
contract confers a benefit directly on
30 that class of students; and
(c) the student incurs a loss arising from a
breach of, or failure to comply with,
that performance requirement; and
571260B.I-24/10/2012 12 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 3--VET Funding
s. 10
(d) the loss incurred by the student is a
direct or foreseeable consequence of
that breach or failure to comply.
(2) If subsection (1) applies, the performance
5 requirement of the VET funding contract is
enforceable by the student in his or her name
against the contractor who is a party to the
contract even though the student is not
named as a party to the contract.
10 (3) A contractor who is a defendant to an action
or proceeding in respect of a VET funding
contract taken by a student referred to in
subsection (1) has all the defences that would
have been available to the contractor as a
15 defendant had the student been named as a
party to the contract.
(4) In this section, performance requirement
means a provision of a VET funding contract
that specifies a performance requirement for
20 vocational education and training that is
expressed to be for the benefit of a class of
students of government-subsidised
vocational education and training.
3.1.7 Right of entry to monitor VET funding
25 contracts
(1) This section applies if a VET funding
contract expressly authorises a person
authorised by the Secretary to enter and
inspect a premises for the purpose of
30 monitoring compliance with the contract.
(2) For the purposes of monitoring compliance
with the contract, the person authorised by
the Secretary may enter and inspect the
premises and make enquiries of the
35 contractor or the staff of the contractor.
571260B.I-24/10/2012 13 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 3--VET Funding
s. 11
(3) An authorised officer may only enter
premises under subsection (2) during the
times agreed to in the contract.".
11 Accountability of TAFE institute boards
5 For section 3.1.15(1)(a) of the Education and
Training Reform Act 2006 substitute--
"(a) a VET funding contract; and".
12 Reserve powers of Minister
In section 3.1.19(1)(b) and (d)(ii) of the
10 Education and Training Reform Act 2006
for "performance agreement" substitute
"VET funding contract".
13 Definition of government training contract
Insert the following definition in section 4.1.1(1)
15 of the Education and Training Reform Act
2006--
"government training contract means any of the
following--
(a) a VET funding contract;
20 (b) a performance agreement entered into
under section 3.1.4(1) before the repeal
of that section by section 4 of the
Education Legislation Amendment
(Governance) Act 2012;
25 (c) a performance management agreement
entered into under--
(i) section 3.1.4(4)(d) before the
repeal of that section by section 4
of the Education Legislation
30 Amendment (Governance) Act
2012; or
(ii) section 3.1.2(1)(c);
571260B.I-24/10/2012 14 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 3--VET Funding
s. 14
(d) an agreement or arrangement providing
for payments of grants, subsidies or
loans entered into under--
(i) section 3.1.4(4)(e) before the
5 repeal of that section by section 4
of the Education Legislation
Amendment (Governance) Act
2012; or
(ii) section 3.1.2(1)(d);
10 (e) a contract, agreement or arrangement,
whenever entered into, for the provision
of government-subsidised vocational
education and training in another State
or Territory;".
15 14 Decision about registration
(1) In section 4.3.16(2A)(d) of the Education and
Training Reform Act 2006 for "period."
substitute "period; or".
(2) After section 4.3.16(2A)(d) of the Education and
20 Training Reform Act 2006 insert--
"(e) whether the applicant or a high managerial
agent of the applicant has ever breached a
government training contract.".
15 Amending, suspending or cancelling registration of
25 RTO
(1) In section 4.3.21(3)(f) of the Education and
Training Reform Act 2006 for "fees." substitute
"fees;".
(2) After section 4.3.21(3)(f) of the Education and
30 Training Reform Act 2006 insert--
"(g) the RTO has breached a government training
contract.".
571260B.I-24/10/2012 15 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 3--VET Funding
s. 16
16 Information may be made available
(1) In section 4.9.4(1) of the Education and
Training Reform Act 2006--
(a) after "disclose to" insert "the Secretary,";
5 (b) in paragraph (e) for "body." substitute
"body;";
(c) after paragraph (e) insert--
"(f) the breach of, or failure to comply with,
a government training contract by an
10 RTO.".
(2) After section 4.9.4(1) of the Education and
Training Reform Act 2006 insert--
"(1AA) The Secretary may disclose to the Authority,
a Department of the Commonwealth
15 Government or another registering body
information it has about, or arising from, the
breach of, or failure to comply with, a
government training contract by an RTO.".
(3) In section 4.9.4(1A) of the Education and
20 Training Reform Act 2006 for "may disclose
information or give a document in its" substitute
"or the Secretary may disclose information or give
a document in its or his or her".
(4) After section 4.9.4(2) of the Education and
25 Training Reform Act 2006 insert--
"(3) In this section government training contract
has the same meaning as in
section 4.1.1(1).".
__________________
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Education Legislation Amendment (Governance) Bill 2012
Part 4--Governance of TAFE Institutes and Adult Education Institutions
s. 17
PART 4--GOVERNANCE OF TAFE INSTITUTES AND
ADULT EDUCATION INSTITUTIONS
Division 1--TAFE institutes
17 Sections 3.1.11, 3.1.12 and 3.1.13 substituted
5 For sections 3.1.11, 3.1.12 and 3.1.13 of the
Education and Training Reform Act 2006
substitute--
"3.1.11 TAFE institutes and boards
(1) The Governor in Council may, on the
10 recommendation of the Minister, by Order
published in the Government Gazette--
(a) create a TAFE institute; or
(b) abolish a TAFE institute; or
(c) amalgamate one or more TAFE
15 institutes; or
(d) if the council of a university with a
TAFE division approves, merge a
TAFE institute with the university; or
(e) change the name of a TAFE institute.
20 (2) An Order in Council under this section
may--
(a) establish a board to oversee and govern
a TAFE institute; or
(b) amalgamate the board of a TAFE
25 institute with another board of a TAFE
institute; or
(c) provide for the establishment of a board
of a TAFE institute to oversee and
govern both a TAFE institute and an
30 adult education institution; or
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Part 4--Governance of TAFE Institutes and Adult Education Institutions
s. 17
Note
Section 3.1.26AA contains other matters
relating to an Order in Council providing for a
board of a TAFE institute that governs both that
5 institute and an adult education institution.
(d) abolish the board of a TAFE institute;
or
(e) change the name of the board of a
TAFE institute; or
10 (f) make provision or further provision for
or with respect to the constitution,
management structure, membership,
objectives, powers, duties or functions
of a TAFE institute or the board of a
15 TAFE institute or the manner of
appointment or the terms and
conditions of appointment of directors
of the board of a TAFE institute; or
(g) make provision for the board of a
20 TAFE institute to make rules for the
governance of the institute; or
(h) make provision for the board of a
TAFE institute to delegate any of its
powers and functions under this Act
25 (except any powers delegated to it
under this Act) to a person employed at
the TAFE institute or to a committee
established by or under an Order in
Council relating to the board; or
30 (i) amend any provision of a previous
Order in Council or Ministerial Order
made under this section relating to a
TAFE institute or the board of a TAFE
institute; or
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Part 4--Governance of TAFE Institutes and Adult Education Institutions
s. 17
(j) make provision for or with respect to
any matter of a consequential,
transitional or savings nature
consequent on the making of an Order
5 in Council or Ministerial Order under
this section including the rights,
obligations and assignment of any
property (subject to trusts), of any
TAFE institute referred to in the Order.
10 (3) Without limiting the powers of the Governor
in Council under this section, the Minister
may also make Ministerial Orders for the
purposes of subsection (2)(f), (g), (h), (i)
or (j).
15 (4) The Minister must not make a
recommendation for an Order in Council
under subsection (1) or (2) or make a
Ministerial Order under subsection (3)
unless--
20 (a) in the case of an Order in Council made
under subsection (1), the board (if any)
of the TAFE institute or proposed
TAFE institute concerned has made a
request for the proposed Order in
25 Council or has been consulted about the
proposed Order in Council;
(b) in the case of an Order in Council or
Ministerial Order made for the
purposes of subsection (2), the board
30 (if any) of the TAFE institute
concerned has made a request for the
proposed Order or has been consulted
about the proposed Order;
(c) in the case of an Order in Council made
35 under subsection (2)(c), the board of
the TAFE institute and the governing
board of the adult education institution
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Education Legislation Amendment (Governance) Bill 2012
Part 4--Governance of TAFE Institutes and Adult Education Institutions
s. 17
concerned have made a request for the
proposed Order in Council or have been
consulted about the proposed Order in
Council.
5 (5) If an Order in Council made under this
section changes the name of the board of a
TAFE institute--
(a) the board continues in existence under
the new name so that its identity is not
10 affected; and
(b) in an Act, a subordinate instrument or
in any other document, a reference to
the board under the former name must,
except in relation to matters that
15 occurred before the change of name, be
construed as a reference to the board
under the new name.
(6) If an Order in Council made under this
section changes the name of a TAFE
20 institute--
(a) the institute continues in existence
under the new name so that its identity
is not affected; and
(b) in an Act, a subordinate instrument or
25 in any other document, a reference to
the institute under the former name
must, except in relation to matters that
occurred before the change of name, be
construed as a reference to the institute
30 under the new name; and
(c) the change of name does not affect any
rights or obligations of the institute or
render defective any legal proceedings
by or against the institute; and
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Part 4--Governance of TAFE Institutes and Adult Education Institutions
s. 17
(d) any legal proceedings that might have
been continued or commenced by or
against the institute by its former name
may be continued by or against it by its
5 new name.
(7) If two or more TAFE institutes are
amalgamated under an Order in Council
made under this section, any legal
proceedings that might have been
10 commenced or continued by or against any
of the institutes may be commenced or
continued by or against the single institute
formed by the amalgamation.
(8) A copy of every Order in Council or
15 Ministerial Order made under this section
must be laid before each House of
Parliament as soon as practicable after it is
made.
3.1.12 TAFE institute is a body corporate
20 A TAFE institute established under
section 3.1.11--
(a) is a body corporate with perpetual
succession; and
(b) has a common seal; and
25 (c) may sue and be sued in its corporate
name; and
(d) is capable of acquiring, holding,
dealing with or disposing of property
for the purpose of performing its
30 functions and exercising its powers;
and
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Part 4--Governance of TAFE Institutes and Adult Education Institutions
s. 17
(e) is capable of doing and suffering
anything that a body corporate may by
law do and suffer and that is necessary
or expedient for performing its
5 functions and exercising its powers.
3.1.12A Objectives of TAFE institutes
The objectives of a TAFE institute are--
(a) to perform its functions for the public
benefit by--
10 (i) operating its businesses,
delivering educational services
and utilising assets that it manages
on the State's behalf as efficiently
as possible; and
15 (ii) ensuring that it is sustainable in
the medium to long term; and
(iii) ensuring that its procedures,
policies and practices are
consistent with prudent
20 commercial practice; and
(iv) endeavouring to maximise its
contribution to the economy and
wellbeing of the communities and
industries served by the institute
25 and the State as a whole; and
(b) to facilitate student learning,
knowledge acquisition, skills for
employment and vocational education
and training through excellent teaching,
30 innovation and educational leadership
that delivers quality outcomes; and
(c) to collaborate as part of a strong public
training provider network which is
mutually and commercially beneficial
35 to enable the institute to offer or
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Part 4--Governance of TAFE Institutes and Adult Education Institutions
s. 17
provide educational services that meet
the needs of industry partners and
communities, including persons and
groups that have particular education
5 needs; and
(d) any other objective set out in an Order
in Council or Ministerial Order made
under section 3.1.11 relating to the
institute.
10 3.1.12B Functions of TAFE institutes
(1) A TAFE institute may perform all or any of
the following functions--
(a) to provide the communities and
industries served by the institute with
15 efficient and effective technical and
further education programs and
services;
(b) to provide the communities and
industries served by the institute with
20 efficient and effective adult,
community and further education
programs and services which are
responsive to the needs of the
community and to consult with the
25 relevant Regional Councils about the
provision of these programs and
services;
(c) to provide vocational education and
training;
30 (d) to offer and conduct courses of study
leading to the conferral of higher
education awards;
(e) to confer higher education awards;
(f) to provide facilities or services for
35 study, research or education;
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Part 4--Governance of TAFE Institutes and Adult Education Institutions
s. 17
(g) to undertake research, development,
education, training delivery or other
services on a commercial basis for
other organisations;
5 (h) to aid or engage in the development or
promotion of institute research or the
application or use of the results of that
research;
(i) to prepare, publish or distribute or
10 license the use of literary or artistic
work, audio or audio-visual material or
computer software;
(j) to seek or encourage gifts to the
institute or for institute purposes;
15 (k) to provide facilities for use by the
community;
(l) any other function conferred on the
institute by or under this Act or any
Order in Council or Ministerial Order
20 made under section 3.1.11.
(2) A TAFE institute may perform any function
referred to in subsection (1) within and
outside Victoria and outside Australia.
3.1.12C Powers of TAFE institutes
25 (1) A TAFE institute has power to do all things
that are necessary or convenient to be done
for or in connection with, or as incidental to,
meeting its objectives or performing its
functions including any function delegated to
30 it.
(2) Without limiting the generality of subsection
(1) a TAFE institute, for the purpose of
meeting its objectives or performing its
functions, may--
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Part 4--Governance of TAFE Institutes and Adult Education Institutions
s. 17
(a) be a member of a company, association,
trust or partnership;
(b) form or participate in the formation of a
company, association, trust or
5 partnership;
(c) enter into a joint venture with another
person or persons.
Note
Under section 5.2.1, the Minister may issue directions
10 to a TAFE institute concerning its operations and the
institute must comply with such a direction.
In addition, an Order in Council or Ministerial Order
made under section 3.1.11 may provide for or with
respect to the powers, duties or functions of a TAFE
15 institute.
(3) A TAFE institute, in meeting its objectives
or performing its functions, may exercise its
powers within and outside Victoria and
outside Australia.
20 3.1.13 Functions of TAFE institute boards
(1) The functions of the board of a TAFE
institute are--
(a) to oversee and govern the institute
efficiently and effectively; and
25 (b) to develop and implement--
(i) strategic plans and statements of
corporate intent in accordance
with the requirements of this Act;
and
30 (ii) operational business plans for the
institute; and
(c) to ensure that the institute operates in
accordance with its strategic plan and
its statement of corporate intent; and
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Part 4--Governance of TAFE Institutes and Adult Education Institutions
s. 18
(d) to provide for the proper, efficient and
effective performance by the institute
of its functions and powers; and
(e) to determine policies relating to
5 employment of institute staff; and
(f) to develop and issue directions for the
administration and management of the
institute that must be complied with by
the chief executive officer and staff
10 employed by the institute; and
(g) to give proper direction to, and exercise
proper control over, the chief executive
officer and other staff employed by the
institute and to monitor that they are
15 carrying out their functions in a fit and
proper manner; and
(h) to advise and report on the activities of
the institute to the Minister; and
(i) to perform any other function conferred
20 on the board by or under this Act or any
Order in Council or Ministerial Order
made under section 3.1.11.
(2) The board of a TAFE institute may perform
any function referred to in subsection (1)
25 within and outside Victoria and outside
Australia.".
18 Powers of TAFE institute boards
Section 3.1.14(2) of the Education and Training
Reform Act 2006 is repealed.
30 19 Accountability of TAFE institute boards
(1) In section 3.1.15(1)(c) of the Education and
Training Reform Act 2006, for "section 3.1.12"
substitute "section 3.1.11".
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(2) After section 3.1.15(2) of the Education and
Training Reform Act 2006 insert--
"(2A) The board of a TAFE institute may publish
any written direction given by the Minister in
5 the board's annual report.".
20 Section 3.1.16 substituted
For section 3.1.16 of the Education and Training
Reform Act 2006 substitute--
"3.1.16 Board directorship
10 (1) An Order in Council or Ministerial Order
made under section 3.1.11 must provide for a
board of a TAFE institute consisting of not
less than 9 and not more than 15 directors of
whom--
15 (a) one is to be appointed by the Governor
in Council as the chairperson of the
board;
(b) of the remaining directors--
(i) if there is an even number, half are
20 to be appointed by the Minister;
(ii) if there is an odd number, half of
that number rounded up to the
next whole number are to be
appointed by the Minister;
25 (c) the remaining directors are to be
appointed by the Minister after
considering the advice of the directors
who have been appointed under
paragraphs (a) and (b).
30 (2) In appointing directors to a board, or
advising about persons for appointment as
directors to a board, the Minister and the
directors must endeavour to ensure that the
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Part 4--Governance of TAFE Institutes and Adult Education Institutions
s. 20
directors include persons with knowledge of,
or experience in, the following areas--
(a) management;
(b) finance;
5 (c) commerce or business;
(d) law;
(e) corporate governance;
(f) vocational education and training;
(g) adult, community and further
10 education;
(h) any industry in which training is
provided at the institute;
(i) if the TAFE institute provides higher
education programs, higher education;
15 (j) if the board is responsible for
overseeing and governing an adult
education institution under an Order in
Council made under section
3.1.11(2)(c), the community or any
20 industry served by the adult education
institution.
(3) The following persons must not be appointed
to be a director of a board--
(a) a person who is a member of
25 Parliament;
(b) the chief executive officer of the TAFE
institute.".
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s. 21
21 Section 3.1.18 substituted
For section 3.1.18 of the Education and Training
Reform Act 2006 substitute--
"3.1.18 Removal of directors
5 The Governor in Council may remove the
chairperson or a director from office at any
time.".
22 Consequential amendments
(1) For section 3.1.19(1)(f) of the Education and
10 Training Reform Act 2006 substitute--
"(f) recommend that the Governor in Council
dismiss the directors of the board; or
Note
If all the directors of the board were dismissed, new
15 directors would be appointed in accordance with
section 3.1.16.".
(2) In section 3.1.21(6)(a) of the Education and
Training Reform Act 2006 omit "elected or".
(3) In section 3.1.23 of the Education and Training
20 Reform Act 2006--
(a) in subsection (1)--
(i) for "a board" substitute "a TAFE
institute";
(ii) for "the board" substitute
25 "the institute";
(b) in subsections (2) and (3), for "A board"
substitute "A TAFE institute";
(c) in subsection (3), for "the board" substitute
"the institute".
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s. 23
(4) In section 3.1.24 of the Education and Training
Reform Act 2006--
(a) in subsection (1), for "institute a board"
substitute "TAFE institute, the institute";
5 (b) in subsection (2)--
(i) for "the board's" substitute "the TAFE
institute's";
(ii) for "the board" substitute
"the institute";
10 (c) in subsection (3), for "A board" substitute
"A TAFE institute".
(5) In section 3.1.25(2) of the Education and
Training Reform Act 2006, for "A board"
substitute "A TAFE institute".
15 (6) Section 3.1.26(a) of the Education and Training
Reform Act 2006 is repealed.
23 New section 3.1.26AA inserted
After section 3.1.26 of the Education and
Training Reform Act 2006 insert--
20 "3.1.26AA Establishment of a board of a TAFE
institute to govern both the institute and
an adult education institution
(1) If the board of a TAFE institute is
established in accordance with an Order in
25 Council made under section 3.1.11(2)(c) to
oversee and govern a TAFE institute and an
adult education institution--
(a) the Order in Council may make
provision for or with respect to any
30 matter of a consequential, transitional
or savings nature consequent on the
overseeing and governance of the
institute and the institution by the
board; and
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s. 23
(b) the Order in Council may make
provision for the board to make rules
for the governance of the institute and
the institution; and
5 (c) the Order in Council may make
provision or further provision for or
with respect to the objectives, powers,
duties or functions of the institution;
and
10 (d) the board has all the functions, powers
and duties--
(i) of the board of a TAFE institute
under this Act; and
(ii) of the governing board of an adult
15 education institution under this
Act; and
(iii) set out in any Order in Council or
Ministerial Order made under
section 3.1.11--
20 in respect of its respective roles in
relation to the institute and the
institution; and
(e) the Order in Council may make
provision for the board to delegate any
25 of its powers and functions as the
governing board of an adult education
institution under this Act (except any
powers delegated to it under this Act)
to the chief executive officer of the
30 institute, a person employed at the
institution or to a committee established
by or under an Order in Council
relating to the governing board; and
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(f) any reference to the governing board or
to the governing board of an adult
education institution in sections
3.3.34B, 3.3.34C, 3.3.34D, 3.3.35,
5 3.3.36, 3.3.37 and 3.3.38 is taken to be
a reference to the board; and
(g) the person employed by the institute as
the chief executive officer of the
institute is taken to be employed by the
10 institution as the chief executive officer
of the institution and has all the
functions, powers and duties of the
chief executive officer of the institution
under Division 5 of Part 3.3.
15 (2) Despite the establishment of a board of a
TAFE institute in accordance with an Order
in Council made under section 3.1.11(2)(c)
to oversee and govern a TAFE institute and
an adult education institution, nothing
20 affects--
(a) the continuity of the institute or the
institution; or
(b) the name of the institute or the
institution unless it is changed in the
25 Order in Council; or
(c) the separate application or operation of
the objectives, functions, powers or
duties conferred by or under this Act
on--
30 (i) the institute; or
(ii) the institution; or
(iii) the board of the institute in
relation to the institute; or
(iv) the board of the institute in
35 relation to the institution.".
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24 Amendments to Schedule 2
(1) In clause 3(3) of Schedule 2 to the Education and
Training Reform Act 2006, for "board of the
TAFE institute" substitute "Minister".
5 (2) In clause 3(4) of Schedule 2 to the Education and
Training Reform Act 2006, for "board of the
institution" substitute "Minister".
(3) Clause 3(5) of Schedule 2 to the Education and
Training Reform Act 2006 is repealed.
10 (4) At the end of clause 11 of Schedule 2 to the
Education and Training Reform Act 2006
insert--
"(2) Subclause (1) does not apply to the
governing board of an adult education
15 institution or to the board of a TAFE
institute.
(3) The governing board of an adult education
institution may, by instrument, delegate to
the members of a committee established by
20 the governing board, a member of the
governing board, the chief executive officer
of the institution or to any other person
employed in the Department or by the
institution in the administration or execution
25 of this Act any power of the governing
board, other than this power of delegation.
(4) The board of a TAFE institute may, by
instrument, delegate to the members of a
committee established by the board, a
30 director of the board, the chief executive
officer of the TAFE institute or to any other
person employed in the Department or by the
TAFE institute in the administration or
execution of this Act any power of the board,
35 other than this power of delegation.".
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(5) After clause 13(3) of Schedule 2 to the Education
and Training Reform Act 2006 insert--
"(4) This clause does not apply to the governing
board of an adult education institution or to
5 the board of a TAFE institute.".
(6) After clause 13 of Schedule 2 to the Education
and Training Reform Act 2006 insert--
"13A Funds of TAFE institutes and adult
education institutions
10 (1) A TAFE institute must maintain any fund
taken to be established in the name of the
institute under section 6.1.32(3)(b).
(2) An adult education institution must maintain
any fund taken to be established in the name
15 of the institution under section 6.1.33(3)(b).
(3) There must be paid into a fund maintained
by a TAFE institute or an adult education
institution under this clause--
(a) any investment income received by the
20 institute or the institution; and
(b) the proceeds of the sale of any
investment made by the institute or the
institution; and
(c) any fees or other money received by the
25 institute or the institution.
(4) There must be paid out of the fund
maintained by a TAFE institute or an adult
education institution under this clause any
payment that is authorised by the institute or
30 the institution to be made out of the fund for
or towards the costs and expenses of the
exercise of powers or performance of
functions by the institute or the institution.".
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25 Amendments to Schedule 3
(1) In clause 1 of Schedule 3 to the Education and
Training Reform Act 2006--
(a) in subclause (1), after "TAFE institute
5 board" (where first occurring) insert
"or a TAFE institute";
(b) in subclause (1), after "TAFE institute
board" (where secondly occurring) insert
", the TAFE institute";
10 (c) in subclause (2), after "TAFE institute
board" insert "or a TAFE institute".
(2) In clause 4(b)(i) of Schedule 3 to the Education
and Training Reform Act 2006 omit "board of
the".
15 Division 2--Adult education institutions
26 Sections 3.3.28, 3.3.29 and 3.3.30 substituted
For sections 3.3.28, 3.3.29 and 3.3.30 of the
Education and Training Reform Act 2006
substitute--
20 "3.3.28 Adult education institutions and
governing boards
(1) The Governor in Council may, on the
recommendation of the Minister, by Order
published in the Government Gazette--
25 (a) create an adult education institution; or
(b) abolish an adult education institution;
or
(c) amalgamate one or more adult
education institutions; or
30 (d) change the name of an adult education
institution.
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(2) An Order in Council under this section
may--
(a) establish a governing board to oversee
and govern an adult education
5 institution; or
(b) amalgamate the governing board of an
adult education institution with the
governing board of another adult
education institution; or
10 (c) abolish the governing board of an adult
education institution; or
(d) change the name of the governing
board of an adult education institution;
or
15 (e) make provision or further provision for
or with respect to the constitution,
management structure, membership,
objectives, powers, duties or functions
of an adult education institution or the
20 governing board of an adult education
institution or the manner of
appointment or the terms and
conditions of appointment of members
of the governing board of an adult
25 education institution; or
(f) make provision for the governing board
of an adult education institution to
make rules for the governance of the
institution; or
30 (g) make provision for the governing board
of an adult education institution to
delegate any of its powers and
functions under this Act (except any
powers delegated to it under this Act)
35 to a person employed at the institution
or to a committee established by or
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under an Order in Council relating to
the governing board; or
(h) amend any provision of a previous
Order in Council under this section
5 relating to an adult education institution
or the governing board of an adult
education institution; or
(i) make provision for or with respect to
any matter of a consequential,
10 transitional or savings nature
consequent on the making of an Order
in Council under this section including
the rights, obligations and assignment
of any property (subject to any trusts)
15 of any adult education institution
referred to in the Order in Council.
(3) The Minister must not make a
recommendation for the purposes of this
section unless--
20 (a) in the case of an Order in Council under
subsection (1), the governing board
(if any) of the adult education
institution or proposed adult education
institution has made a request for the
25 proposed Order in Council or has been
consulted about the proposed Order in
Council; and
(b) in the case of an Order in Council under
subsection (2), the governing board
30 (if any) of the adult education
institution concerned has made a
request for the proposed Order in
Council or has been consulted about the
proposed Order in Council; and
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(c) the Minister has consulted the Adult,
Community and Further Education
Board about the proposed Order in
Council.
5 (4) If an Order in Council under this section
changes the name of the governing board of
an adult education institution--
(a) the governing board continues in
existence under the new name so that
10 its identity is not affected; and
(b) in an Act, a subordinate instrument or
any other document, a reference to the
governing board under the former name
must, except in relation to matters that
15 occurred before the change of name, be
construed as a reference to the
governing board under the new name.
(5) If an Order in Council made under this
section changes the name of an adult
20 education institution--
(a) the institution continues in existence
under the new name so that its identity
is not affected; and
(b) in an Act, a subordinate instrument or
25 in any other document, a reference to
the institution under the former name
must, except in relation to matters that
occurred before the change of name, be
construed as a reference to the
30 institution under the new name; and
(c) the change of name does not affect any
rights or obligations of the institution or
render defective any legal proceedings
by or against the institution; and
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(d) any legal proceedings that might have
been continued or commenced by or
against the institution by its former
name may be continued by or against it
5 by its new name.
(6) If two or more adult education institutions
are amalgamated under an Order in Council
under this section, any legal proceedings that
might have been commenced or continued
10 by or against any of the institutions may be
commenced or continued by or against the
single institution formed by the
amalgamation.
(7) A copy of every Order in Council made
15 under this section must be laid before each
House of Parliament as soon as practicable
after it is made.
3.3.29 Adult education institution is a body
corporate
20 An adult education institution established
under section 3.3.28--
(a) is a body corporate with perpetual
succession; and
(b) has a common seal; and
25 (c) may sue and be sued in its corporate
name; and
(d) is capable of acquiring, holding,
dealing with or disposing of property
for the purpose of performing its
30 functions and exercising its powers;
and
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(e) is capable of doing and suffering
anything that a body corporate may by
law do and suffer and that is necessary
or expedient for performing its
5 functions and exercising its powers.
3.3.29A Objectives of adult education institutions
The objectives of an adult education
institution are--
(a) to perform its functions for the public
10 benefit by--
(i) operating its businesses,
delivering educational services
and utilising assets that it manages
on the State's behalf as efficiently
15 as possible; and
(ii) ensuring that it is sustainable in
the medium to long term; and
(iii) ensuring that its procedures,
policies and practices are
20 consistent with prudent
commercial practice; and
(iv) endeavouring to maximise its
contribution to the economy and
well-being of the State; and
25 (b) to provide the community served by the
institution with efficient and effective
adult, community and further
education, vocational education and
training, employment and other
30 associated programs and services
responsive to the needs of that
community; and
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(c) to facilitate adult, community and
further education, knowledge
acquisition and skills for employment
through excellent teaching, innovation
5 and educational leadership that delivers
quality outcomes; and
(d) in the case of the governing board of
AMES, monitor the structure, reach and
accessibility of AMES services to
10 maximise their availability to new and
emerging communities and client
groups; and
(e) in the case of governing boards except
the governing board of AMES, make
15 adequate arrangements for persons and
groups which have not had or do not
have adequate access to programs or
services provided by the institution; and
(f) any other objective set out in--
20 (i) an Order in Council made under
section 3.3.28 relating to the
institution; or
(ii) if an Order in Council has been
made under sections 3.1.11(2)(c)
25 and 3.1.26AA for the
establishment of a board of a
TAFE institute to oversee and
govern both a TAFE institute and
the institution, an Order in
30 Council under section 3.1.11(2)
and 3.1.26AA to the extent that
the objective relates to the
institution.
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3.3.29B Functions of adult education institutions
(1) An adult education institution may perform
all or any of the following functions--
(a) to undertake generally the development
5 and provision of adult, community and
further education, vocational education
and training, employment and other
associated programs and services
considered necessary for the objectives
10 of the adult education institution;
(b) to provide facilities or services for
study, research or education;
(c) to undertake research, development,
counselling or other services for
15 commercial organisations;
(d) to aid or engage in the development or
promotion of research by the institution
or the application or use of the results
of that research;
20 (e) to prepare, publish or distribute or
license the use of literary or artistic
work, audio or audio-visual material or
computer software;
(f) to seek or encourage gifts to the
25 institution or for institution purposes;
(g) to provide facilities for use by the
community;
(h) any other function conferred on the
institution by or under--
30 (i) this Act or an Order in Council
made under section 3.3.28; or
(ii) if an Order in Council has been
made under sections 3.1.11(2)(c)
and 3.1.26AA for the
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establishment of a board of a
TAFE institute to oversee and
govern both a TAFE institute and
the institution, an Order in
5 Council under section 3.1.11(2)
and 3.1.26AA.
(2) An adult education institution may perform
any function referred to in subsection (1)
within and outside Victoria and outside
10 Australia.
3.3.29C Powers of adult education institutions
(1) An adult education institution has power to
do all things that are necessary or convenient
to be done for or in connection with, or as
15 incidental to, meeting its objectives or
performing its functions including any
function delegated to it.
(2) Without limiting the generality of subsection
(1), an adult education institution, for the
20 purpose of meeting its objectives or
performing its functions, may--
(a) be a member of a company, association
trust or partnership;
(b) form or participate in the formation of a
25 company, association, trust or
partnership;
(c) enter into a joint venture with another
person or persons.
(3) An adult education institution, in meeting its
30 objectives or performing its functions, may
exercise its powers within and outside
Victoria and outside Australia.
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3.3.30 Functions of governing boards
(1) The functions of the governing board of an
adult education institution are--
(a) to oversee the institution and ensure
5 that the institution is managed
efficiently and effectively; and
(b) to develop and implement--
(i) strategic plans and statements of
corporate intent in accordance
10 with the requirements of this Act;
and
(ii) operational business plans for the
institutution; and
(c) to ensure that the institution operates in
15 accordance with its strategic plan and
its statement of corporate intent; and
(d) to provide for the proper, efficient and
effective performance by the institution
of its functions and powers; and
20 (e) to determine policies relating to
employment of institution staff; and
(f) to develop and issue directions for the
administration and management of the
institution that must be complied with
25 by the chief executive officer and staff
employed by the institution; and
(g) to give proper direction to, and exercise
proper control over, the chief executive
officer and other staff employed by the
30 institution and to monitor that they are
carrying out their functions in a fit and
proper manner; and
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(h) to advise and report on the activities of
the institution to the Minister and the
Secretary; and
(i) to perform any other function conferred
5 on the governing board by or under--
(i) this Act or an Order in Council
made under section 3.3.28; or
(ii) if an Order in Council has been
made under sections 3.1.11(2)(c)
10 and 3.1.26AA for the
establishment of a board of a
TAFE institute to oversee and
govern both a TAFE institute and
the institution, an Order in
15 Council under section 3.1.11(2)
and 3.1.26AA.
(2) The governing board of an adult education
institution may perform any function referred
to in subsection (1) within and outside
20 Victoria and outside Australia.".
27 Powers of governing boards
Section 3.3.31(2) of the Education and Training
Reform Act 2006 is repealed.
28 Accountability of governing boards
25 After section 3.3.32(3) of the Education and
Training Reform Act 2006 insert--
"(4) The governing board of an adult education
institution may publish any written direction
given by the Minister in the governing
30 board's annual report.".
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29 Section 3.3.33 substituted
For section 3.3.33 of the Education and Training
Reform Act 2006 substitute--
"3.3.33 Governing board membership
5 (1) An Order in Council under section 3.3.28
must provide for a governing board of an
adult education institution consisting of not
less than 9 and not more than 15 members of
whom--
10 (a) one is to be appointed by the Governor
in Council as the chairperson of the
governing board;
(b) of the remaining members--
(i) if there is an even number, half are
15 to be appointed by the Minister;
(ii) if there is an odd number, half of
that number rounded up to the
next whole number are to be
appointed by the Minister;
20 (c) the remaining members are to be
appointed by the Minister after
considering the advice of the members
who have been appointed under
paragraphs (a) and (b);
25 (2) In appointing members to a governing board,
or advising on persons for appointment as
members to a board, the Minister and the
members must endeavour to ensure that the
members include persons with knowledge of,
30 or experience in, the following areas--
(a) management;
(b) finance;
(c) commerce or business;
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(d) law;
(e) corporate governance;
(f) adult, community and further
education;
5 (g) the community or any industry served
by the adult education institution.
(3) The following persons must not be appointed
to be a member of a governing board--
(a) a person who is a member of
10 Parliament;
(b) the chief executive officer of the adult
education institution.".
30 Removal from office of members
For section 3.3.34(1A), (2) and (3) of the
15 Education and Training Reform Act 2006
substitute--
"(2) The Minister may a remove a member
appointed by the Minister under
section 3.3.33 from office at any time.".
20 31 Consequential amendments
(1) For section 3.3.35(1)(f) of the Education and
Training Reform Act 2006 substitute--
"(f) recommend that the Governor in Council
dismiss the members of the governing board;
25 Note
If all the members of the governing board were
dismissed, new members would be appointed in
accordance with section 3.3.33.".
(2) In section 3.3.37(6)(a) of the Education and
30 Training Reform Act 2006 omit "elected or".
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(3) In section 3.3.40 of the Education and Training
Reform Act 2006--
(a) in subsection (1)--
(i) for "a governing board" substitute
5 "an adult education institution";
(ii) for "the governing board" substitute
"the institution";
(b) in subsections (2) and (3), for "A governing
board" substitute "An adult education
10 institution";
(c) in subsection (3), for "the board" substitute
"the institution".
(4) In section 3.3.41 of the Education and Training
Reform Act 2006--
15 (a) in subsection (1), for "institution a governing
board" substitute "adult education
institution, the institution";
(b) in subsection (2)--
(i) for "the governing board's" substitute
20 "the adult education institution's";
(ii) for "the governing board" substitute
"the institution";
(c) in subsection (3), for "A governing board"
substitute "An adult education institution".
25 (5) In section 3.3.42 of the Education and Training
Reform Act 2006, for "A governing board"
substitute "An adult education institution".
(6) Section 3.3.43(1)(a) of the Education and
Training Reform Act 2006 is repealed.
__________________
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PART 5--TRANSITIONAL AND SAVINGS PROVISIONS
32 Repeal of sections 6.1.19(4) and (5) and 6.1.28
Sections 6.1.19(4) and (5) and 6.1.28 of the
Education and Training Reform Act 2006 are
5 repealed.
33 New sections 6.1.31 to 6.1.33 inserted
After section 6.1.30 of the Education and
Training Reform Act 2006 insert--
"6.1.31 Transitional and savings provisions--the
10 Education Legislation Amendment
(Governance) Act 2012
(1) All accounts or records required to be kept
by the Commission under section 3.1.4(5) as
in force immediately before the
15 commencement day become accounts and
records of the Secretary.
(2) On the commencement day the Victorian
Skills Commission is abolished and its
members go out of office.
20 (3) On and from the commencement day--
(a) all rights, assets, liabilities and
obligations of the Victorian Skills
Commission, immediately before its
abolition, become rights, assets,
25 liabilities and obligations of the State;
and
(b) any fund referred to in clause 13 of
Schedule 2 established in the name of
the Victorian Skills Commission before
30 that commencement day is abolished
and any moneys or amounts standing to
the credit of the fund are transferred to
the State; and
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(c) the State is substituted for the Victorian
Skills Commission as a party in any
proceeding, contract, agreement or
arrangement commenced or made by,
5 against or in relation to the Victorian
Skills Commission; and
(d) a reference to the Victorian Skills
Commission in an Act (except the
amending Act), a subordinate
10 instrument or any other document, is
taken to be a reference to the State
except in relation to matters that
occurred before the commencement
day; and
15 (e) the Secretary must determine any
matter or do anything that has been
partly but not finally determined or
done by the Victorian Skills
Commission before its abolition; and
20 (f) a determination made by the
Commission under section 5.4.15 that
was in force immediately before the
commencement day is taken to be a
determination made by the Minister
25 under section 5.4.15; and
(g) a suspension by the Commission under
section 5.4.17 that was in force
immediately before the commencement
day is taken to be a suspension by the
30 Minister under section 5.4.17.
(4) The Secretary must submit the annual report
of the Victorian Skills Commission in
accordance with section 45 of the Financial
Management Act 1994 in relation to any
35 period that has not been reported on
immediately before the commencement day.
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(5) In this section--
amending Act means the Education
Legislation Amendment
(Governance) Act 2012;
5 commencement day means the day on
which Part 2 of the amending Act
comes into operation.
6.1.32 Transitional and savings provisions--the
Education Legislation Amendment
10 (Governance) Act 2012
(1) On and from the commencement day a
TAFE institute in existence before that day
continues in operation and is taken--
(a) to be constituted as a body corporate
15 under Division 2 of Part 3.1; and
(b) to have the objectives, functions and
powers of a TAFE institute as if it were
constituted under Division 2 of Part 3.1.
(2) On and from the commencement day the
20 board of a TAFE institute that was
incorporated immediately before the
commencement day ceases to be an
incorporated body.
(3) On and from the commencement day--
25 (a) all rights, assets, liabilities and
obligations of the board of a TAFE
institute as an incorporated body that
existed before the commencement day
become rights, assets, liabilities and
30 obligations of the TAFE institute; and
(b) any fund referred to in clause 13 of
Schedule 2 established in the name of
the board of a TAFE institute as an
incorporated body before the
35 commencement day is taken to be a
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fund established in the name of the
TAFE institute; and
(c) the TAFE institute is substituted for the
board of that TAFE institute as a party
5 in any proceeding, contract, agreement
or arrangement commenced or made
by, against or in relation to the board as
an incorporated body; and
(d) the TAFE institute may continue and
10 complete any other continuing matter
or thing commenced by, against or in
relation to the board of that institute;
and
(e) a person employed by the board of a
15 TAFE institute as an incorporated body
that existed before the commencement
day is taken--
(i) to have been employed by the
institute on the same terms and
20 conditions as those that applied to
the person immediately before the
commencement day as an
employee of the board; and
(iii) to have accrued an entitlement to
25 benefits, in connection with the
employment with the institute,
that is equivalent to the
entitlement that the person had
accrued as an employee of the
30 board immediately before the
commencement day; and
(f) the service of a person taken under
paragraph (e) to be employed by the
institute is taken for all purposes as
35 having been continuous with the
service of the person, immediately
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before the commencement day, as an
employee of the board; and
(g) in an Act, a subordinate instrument or
any other document, a reference to the
5 board of a TAFE institute as an
incorporated body is taken to be a
reference to the TAFE institute except
in relation to matters that occurred
before the commencement day.
10 (4) Despite the commencement of Part 4 of the
amending Act--
(a) an Order in Council made or taken to
be made under section 3.1.12 relating to
the board of a TAFE institute, which
15 was in force immediately before the
commencement day, continues in
operation, subject to this Act, until it is
remade under section 3.1.11 in
accordance with subsection (5); and
20 (b) the board of a TAFE institute that was
incorporated immediately before the
commencement day is taken to be the
same body, subject to this Act, after the
commencement day as it was
25 immediately before the commencement
day; and
(c) a person who immediately before the
commencement day held office as a
director of the board of a TAFE
30 institute referred to in paragraph (b),
including the chief executive officer of
the institute and any elected member,
continues to hold office as a director of
that board, subject to this Act and the
35 relevant Order in Council continued
under paragraph (a), until the Order in
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Council is remade in accordance with
subsection (5).
(5) The Minister must ensure that within
12 months after the commencement day, or
5 within any further period or periods fixed by
the Minister in respect of a particular TAFE
institute or board of a TAFE institute and
published by notice in the Government
Gazette, every Order in Council continued in
10 operation under subsection (4)(a) is reviewed
and remade.
(6) In this section--
amending Act means the Education
Legislation Amendment
15 (Governance) Act 2012;
commencement day means the day on
which Part 4 of the amending Act
comes into operation.
6.1.33 Transitional and savings provisions--the
20 Education Legislation Amendment
(Governance) Act 2012
(1) On and from the commencement day an
adult education institution in existence
before that day continues in operation and is
25 taken--
(a) to be constituted as a body corporate
under Division 5 of Part 3.3; and
(b) to have the objectives, functions and
powers of an adult education institution
30 conferred on it as if it were constituted
under Division 5 of Part 3.3.
(2) On and from the commencement day the
governing board of an adult education
institution that was incorporated immediately
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before the commencement day ceases to be
an incorporated body.
(3) On and from the commencement day--
(a) all rights, assets, liabilities and
5 obligations of the governing board of
an adult education institution as an
incorporated body that existed before
the commencement day become rights,
assets, liabilities and obligations of the
10 adult education institution; and
(b) any fund referred to in clause 13 of
Schedule 2 established in the name of
the governing board of an adult
education institution as an incorporated
15 body before the commencement day is
taken to be a fund established in the
name of the adult education institution;
and
(c) the adult education institution is
20 substituted for the governing board of
that institution as a party in any
proceeding, contract, agreement or
arrangement commenced or made by,
against or in relation to the governing
25 board as an incorporated body; and
(d) the adult education institution may
continue and complete any other
continuing matter or thing commenced
by, against or in relation to the
30 governing board of that institution; and
(e) a person employed by the governing
board of an adult education institution
as an incorporated body that existed
before the commencement day is
35 taken--
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(i) to have been employed by the
institution on the same terms and
conditions as those that applied to
the person immediately before the
5 commencement day as an
employee of the governing board;
and
(ii) to have accrued an entitlement to
benefits, in connection with the
10 employment with the institution,
that is equivalent to the
entitlement that the person had
accrued as an employee of the
governing board immediately
15 before the commencement day;
and
(f) the service of a person taken under
paragraph (e) to be employed by the
institution is taken for all purposes as
20 having been continuous with the
service of the person, immediately
before the commencement day, as an
employee of the governing board; and
(g) in an Act, a subordinate instrument or
25 any other document, a reference to the
governing board of an adult education
institution as an incorporated body is
taken to be a reference to the adult
education institution except in relation
30 to matters that occurred before the
commencement day.
(4) Despite the commencement of Part 4 of the
amending Act--
(a) an Order in Council made or taken to
35 be made under section 3.3.29 relating to
the governing board of an adult
education institution, which was in
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force immediately before the
commencement day, continues in
operation, subject to this Act, until it is
remade in accordance with
5 subsection (5); and
(b) the governing board of an adult
education institution that was
incorporated immediately before the
commencement day is taken to be the
10 same body, subject to this Act, after the
commencement day as it was
immediately before the commencement
day; and
(c) a person who immediately before the
15 commencement day held office as a
member of the governing board of an
adult education institution referred to in
paragraph (b), including the chief
executive officer of the institution and
20 any elected member, continues to hold
office as a member of that governing
board, subject to this Act and the
relevant Order in Council continued
under paragraph (a), until the Order in
25 Council is remade in accordance with
subsection (5).
(5) The Minister must ensure that within
12 months after the commencement day, or
within any further period or periods fixed by
30 the Minister in respect of a particular
governing board of an adult education
institution and published by notice in the
Government Gazette, every Order in Council
continued in operation under subsection
35 (4)(a) is reviewed and remade.
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s. 33
(6) In this section--
amending Act means the Education
Legislation Amendment
(Governance) Act 2012;
5 commencement day means the day on which
Part 4 of the amending Act comes into
operation.".
__________________
571260B.I-24/10/2012 58 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 6--Amendment of University Acts
s. 34
PART 6--AMENDMENT OF UNIVERSITY ACTS
Division 1--Amendment of Deakin University Act 2009
34 Members of Council
(1) In section 3 of the Deakin University Act 2009, See:
Act No.
5 the definitions of appointed member and elected 71/2009
member are repealed. and
amending
Act Nos
(2) In section 3 of the Deakin University Act 2009, 71/2009,
insert the following definition-- 71/2010 and
39/2012.
"government appointed member means a member LawToday:
www.
10 of the Council appointed under section 12(1) legislation.
or (2);". vic.gov.au
35 New section 11 substituted
For section 11 of the Deakin University Act 2009
substitute--
15 "11 Council membership
(1) The Council consists of the fixed number of
members being--
(a) the official members; and
(b) a fixed number of at least 4 government
20 appointed members of whom--
(i) at least 2 must be persons with
financial expertise with relevant
qualifications or experience in
financial management;
25 (ii) one must be a person with
commercial expertise at a senior
level; and
(c) a minimum of one or any other greater
fixed number of Council appointed
30 members.
571260B.I-24/10/2012 59 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 6--Amendment of University Acts
s. 35
(2) The official members of the Council are--
(a) the Chancellor;
(b) the Vice-Chancellor;
(c) the president (however designated) of
5 the academic board or its equivalent.
(3) The government appointed members are--
(a) a minimum of one or any other greater
fixed number of persons appointed by
the Governor in Council under
10 section 12(1); and
(b) a minimum of one or any other greater
fixed number of persons appointed by
the Minister under section 12(2).
(4) The Council appointed members are the
15 persons appointed by the Council under
section 13.
(5) The number of government appointed
members must be equal to or greater than the
number of Council appointed members.
20 (6) In this section a reference to a fixed number
of members is a reference to the number of
members fixed by Order in Council under
section 63.
Note
25 Section 76 provides for the composition of the Council until
an Order in Council is made under section 63.".
571260B.I-24/10/2012 60 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 6--Amendment of University Acts
s. 36
36 New section 63 inserted
After section 62 of the Deakin University Act
2009 insert--
"63 Orders in Council
5 (1) The Governor in Council may make Orders
for or with respect to--
(a) fixing the number of members of the
Council or the number of a category of
member of the Council for the purposes
10 of section 11;
(b) the method of calculating the terms of
office of government appointed
members and Council appointed
members so that their terms of office do
15 not fall vacant in the same year;
Note
This method will override clause 1(2) of
Schedule 1.
(c) making transitional provisions
20 including--
(i) application or saving provisions
about the Council or the
membership of the Council arising
from any change of membership
25 of the Council as the result of the
making of an Order in Council
under paragraph (a); and
(ii) provision for members to go out
of office or to be appointed to an
30 office on a change of membership
as the result of the making of an
Order in Council under
paragraph (a).
571260B.I-24/10/2012 61 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 6--Amendment of University Acts
s. 36
(2) The Governor in Council must not make an
Order under subsection (1) except on the
recommendation of the Minister after the
Minister has received a request from the
5 Council for the Order made by a resolution
of the Council and passed by a two thirds
majority of the current members of the
Council.
(3) An Order in Council takes effect on the day
10 specified in the Order in Council or, if no
date is specified, on the day the Order in
Council is published in the Government
Gazette.
(4) A copy of every Order in Council under this
15 section must be published in the Government
Gazette as soon as practicable after it is
made.
(5) A copy of every Order in Council made
under this section must be laid before both
20 Houses of Parliament on or before the 6th
sitting day after the publication of the Order
in accordance with subsection (4).
(6) Part 5A of the Subordinate Legislation Act
1994 applies to an Order in Council under
25 this section as if the Order in Council were a
legislative instrument within the meaning of
that Act laid before each House of the
Parliament under section 16B of that Act.".
571260B.I-24/10/2012 62 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 6--Amendment of University Acts
s. 37
37 New Division 3 substituted in Part 8
For Division 3 of Part 8 of the Deakin University
Act 2009 substitute--
"Division 3--Further transitional provisions
5 74 Definition for this Division
In this Division--
commencement day means the day on which
Part 6 of the Education Legislation
Amendment (Governance) Act 2012
10 comes into operation.
75 Operation of Interpretation of Legislation
Act 1984
Unless the contrary intention expressly
appears, this Division does not affect or take
15 away from the Interpretation of Legislation
Act 1984.
Note
See in particular section 16 of the Interpretation of
Legislation Act 1984.
20 76 Constitution of Council
(1) Until an Order in Council is made under
section 63 for the purposes of section 11, the
Council consists of between 11 and 21
members being--
25 (a) the official members; and
(b) at least 4 government appointed
members of whom--
(i) at least 2 must be persons with
financial expertise with relevant
30 qualifications or experience in
financial management;
571260B.I-24/10/2012 63 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 6--Amendment of University Acts
s. 37
(ii) one must be a person with
commercial expertise at a senior
level; and
(c) at least 4 Council appointed members.
5 (2) The official members of the Council are--
(a) the Chancellor;
(b) the Vice-Chancellor;
(c) the president (however designated) of
the academic board or its equivalent.
10 (3) The government appointed members are--
(a) at least 3 persons appointed by the
Governor in Council under
section 12(1); and
(b) one person appointed by the Minister
15 under section 12(2).
(4) The Council appointed members are the
persons appointed by the Council under
section 13.
(5) The number of government appointed
20 members must be equal to or greater than the
number of Council appointed members.
77 Saving of reconstituted Council
(1) On and from the commencement day, the
Council--
25 (a) continues in existence as if established
under Division 2 of Part 2; and
(b) is taken to be the same body as it was
immediately before that day, despite
any changes to the constitution of the
30 Council and no decision, matter or
thing is to be affected because of those
changes.
571260B.I-24/10/2012 64 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 6--Amendment of University Acts
s. 38
(2) On and from the commencement day of an
Order in Council under section 63, the
Council--
(a) continues in existence as if established
5 under Division 2 of Part 2; and
(b) is taken to be the same body as it was
immediately before that day, despite
any changes to the constitution of the
Council and no decision, matter or
10 thing is to be affected because of those
changes.
78 Members of Council
(1) On and from the commencement day, the
members of the Council in office under
15 section 11 immediately before that day
except elected members--
(a) are taken to be the members of the
Council appointed in accordance with
section 76; and
20 (b) continue in office on the same terms
and conditions as those on which they
were originally appointed for the
remainder of their original terms as if
appointed under this Act.
25 (2) An elected member of the Council goes out
of office on the first of the following--
(a) 1 January 2013; or
(b) the day his or her office expires.".
38 Consequential amendments
30 (1) In the heading to section 12 of the Deakin
University Act 2009 for "Appointed" substitute
"Government appointed".
571260B.I-24/10/2012 65 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 6--Amendment of University Acts
s. 39
(2) In section 12(1) and (4) of the Deakin University
Act 2009 for "appointed" substitute "government
appointed".
(3) In section 12(2) of the Deakin University Act
5 2009--
(a) for "a person" substitute "persons";
(b) for "an appointed member" substitute
"government appointed members".
(4) In section 12(5) of the Deakin University Act
10 2009 for "An appointed" substitute
"A government appointed".
39 Terms of office of Council members
(1) In clause 1(1) of Schedule 1 to the Deakin
University Act 2009, after "Subject to this Act"
15 insert ", including an Order in Council made
under section 63".
(2) After clause 1(2) of Schedule 1 to the Deakin
University Act 2009 insert--
"(3) Subclause (2) does not apply if an Order in
20 Council made under section 63 specifies an
alternative method of ensuring that the
offices of government appointed members
and Council appointed members do not all
fall vacant in the same year.".
25 40 Consequential amendments
(1) In Schedule 1 to the Deakin University Act 2009,
in clauses 1(1)(a) and (2)(a), 4A(2) and (3), 8(1)
and (5) and 9(1) for "an appointed" substitute
"a government appointed".
30 (2) In Schedule 1 to the Deakin University Act
2009--
(a) clause 1(1)(c) and (1)(d) including the
example are repealed;
571260B.I-24/10/2012 66 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 6--Amendment of University Acts
s. 41
(b) in clause 1(1)(b) for "effect;" substitute
"effect.";
(c) in clause 2(1) omit "or re-elected";
(d) in clause 5, omit "or election";
5 (e) clauses 6 and 7 are repealed;
(f) in clause 8(1) and (5) omit "an elected
member,";
(g) in clause 8(1) and (3) omit "election or";
(h) in clause 8(2) and (4) omit "elected or";
10 (i) in clause 8(3) for "elected or appointed, as
the case requires," substitute "appointed".
41 Quorum at meetings of the Council
For clause 12(1) of Schedule 1 to the Deakin
University Act 2009 substitute--
15 "(1) No question must be decided at any meeting
of the Council unless there is a quorum of at
least the majority of members holding office
for the time being other than a member who
is on leave of absence granted under
20 clause 4A.".
42 Consequential amendment
In clause 16(1)(a), (2)(a), (b) and (c) of
Schedule 1 to the Deakin University Act 2009
omit "or election".
571260B.I-24/10/2012 67 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 6--Amendment of University Acts
s. 43
Division 2--Amendment of La Trobe University Act 2009
43 Members of Council
See: (1) In section 3 of the La Trobe University Act
Act No.
75/2009 2009, the definitions of appointed member and
5 and
amending
elected member are repealed.
Act Nos
75/2009,
(2) In section 3 of the La Trobe University Act
71/2010 and 2009, insert the following definition--
39/2012.
LawToday: "government appointed member means a member
www.
legislation. of the Council appointed under section 12(1)
10 vic.gov.au or (2);".
44 New section 11 substituted
For section 11 of the La Trobe University Act
2009 substitute--
"11 Council membership
15 (1) The Council consists of the fixed number of
members being--
(a) the official members; and
(b) a fixed number of at least 4 government
appointed members of whom--
20 (i) at least 2 must be persons with
financial expertise with relevant
qualifications or experience in
financial management;
(ii) one must be a person with
25 commercial expertise at a senior
level; and
(c) a minimum of one or any other greater
fixed number of Council appointed
members.
30 (2) The official members of the Council are--
(a) the Chancellor;
(b) the Vice-Chancellor;
571260B.I-24/10/2012 68 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 6--Amendment of University Acts
s. 45
(c) the president (however designated) of
the academic board or its equivalent.
(3) The government appointed members are--
(a) a minimum of one or any other greater
5 fixed number of persons appointed by
the Governor in Council under
section 12(1); and
(b) a minimum of one or any other greater
fixed number of persons appointed by
10 the Minister under section 12(2).
(4) The Council appointed members are the
persons appointed by the Council under
section 13.
(5) The number of government appointed
15 members must be equal to or greater than the
number of Council appointed members.
(6) In this section a reference to a fixed number
of members is a reference to the number of
members fixed by Order in Council under
20 section 63.
Note
Section 76 provides for the composition of the Council until
an Order in Council is made under section 63.".
45 New section 63 inserted
25 After section 62 of the La Trobe University Act
2009 insert--
"63 Orders in Council
(1) The Governor in Council may make Orders
for or with respect to--
30 (a) fixing the number of members of the
Council or the number of a category of
member of the Council for the purposes
of section 11;
571260B.I-24/10/2012 69 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 6--Amendment of University Acts
s. 45
(b) the method of calculating the terms of
office of government appointed
members and Council appointed
members so that their terms of office do
5 not fall vacant in the same year;
Note
This method will override clause 1(2) of
Schedule 1.
(c) making transitional provisions
10 including--
(i) application or saving provisions
about the Council or the
membership of the Council arising
from any change of membership
15 of the Council as the result of the
making of an Order in Council
under paragraph (a); and
(ii) provision for members to go out
of office or to be appointed to an
20 office on a change of membership
as the result of the making of an
Order in Council under
paragraph (a).
(2) The Governor in Council must not make an
25 Order under subsection (1) except on the
recommendation of the Minister after the
Minister has received a request from the
Council for the Order made by a resolution
of the Council and passed by a two thirds
30 majority of the current members of the
Council.
(3) An Order in Council takes effect on the day
specified in the Order in Council or, if no
date is specified, on the day the Order in
35 Council is published in the Government
Gazette.
571260B.I-24/10/2012 70 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 6--Amendment of University Acts
s. 46
(4) A copy of every Order in Council under this
section must be published in the Government
Gazette as soon as practicable after it is
made.
5 (5) A copy of every Order in Council made
under this section must be laid before both
Houses of Parliament on or before the 6th
sitting day after the publication of the Order
in accordance with subsection (4).
10 (6) Part 5A of the Subordinate Legislation Act
1994 applies to an Order in Council under
this section as if the Order in Council were a
legislative instrument within the meaning of
that Act laid before each House of the
15 Parliament under section 16B of that Act.".
46 New Division 3 substituted in Part 8
For Division 3 of Part 8 of the La Trobe
University Act 2009 substitute--
"Division 3--Further transitional provisions
20 74 Definition for this Division
In this Division--
commencement day means the day on which
Part 6 of the Education Legislation
Amendment (Governance) Act 2012
25 comes into operation.
75 Operation of Interpretation of Legislation
Act 1984
Unless the contrary intention expressly
appears, this Division does not affect or take
30 away from the Interpretation of Legislation
Act 1984.
Note
See in particular section 16 of the Interpretation of
Legislation Act 1984.
571260B.I-24/10/2012 71 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 6--Amendment of University Acts
s. 46
76 Constitution of Council
(1) Until an Order in Council is made under
section 63 for the purposes of section 11, the
Council consists of between 11 and 21
5 persons being--
(a) the official members; and
(b) at least 4 government appointed
members of whom--
(i) at least 2 must be persons with
10 financial expertise with relevant
qualifications or experience in
financial management;
(ii) one must be a person with
commercial expertise at a senior
15 level; and
(c) at least 4 Council appointed members.
(2) The official members of the Council are--
(a) the Chancellor;
(b) the Vice-Chancellor;
20 (c) the president (however designated) of
the academic board or its equivalent.
(3) The government appointed members are--
(a) at least 3 persons appointed by the
Governor in Council under
25 section 12(1); and
(b) one person appointed by the Minister
under section 12(2).
(4) The Council appointed members are the
persons appointed by the Council under
30 section 13.
571260B.I-24/10/2012 72 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 6--Amendment of University Acts
s. 46
(5) The number of government appointed
members must be equal to or greater than the
number of Council appointed members.
77 Saving of reconstituted Council
5 (1) On and from the commencement day, the
Council--
(a) continues in existence as if established
under Division 2 of Part 2; and
(b) is taken to be the same body as it was
10 immediately before that day, despite
any changes to the constitution of the
Council and no decision, matter or
thing is to be affected because of those
changes.
15 (2) On and from the commencement day of an
Order in Council under section 63, the
Council--
(a) continues in existence as if established
under Division 2 of Part 2; and
20 (b) is taken to be the same body as it was
immediately before that day, despite
any changes to the constitution of the
Council and no decision, matter or
thing is to be affected because of those
25 changes.
78 Members of Council
(1) On and from the commencement day, the
members of the Council in office under
section 11 immediately before that day
30 except elected members--
(a) are taken to be the members of the
Council appointed in accordance with
section 76; and
571260B.I-24/10/2012 73 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 6--Amendment of University Acts
s. 47
(b) continue in office on the same terms
and conditions as those on which they
were originally appointed for the
remainder of their original terms as if
5 appointed under this Act.
(2) An elected member of the Council goes out
of office on the first of the following--
(a) 1 January 2013; or
(b) the day his or her office expires.".
10 47 Consequential amendments
(1) In the heading to section 12 of the La Trobe
University Act 2009 for "Appointed" substitute
"Government appointed".
(2) In section 12(1) and (4) of the La Trobe
15 University Act 2009 for "appointed" substitute
"government appointed".
(3) In section 12(2) of the La Trobe University Act
2009--
(a) for "a person" substitute "persons";
20 (b) for "an appointed member" substitute
"government appointed members".
(4) In section 12(5) of the La Trobe University Act
2009 for "An appointed" substitute
"A government appointed".
25 48 Terms of office of Council members
(1) In clause 1(1) of Schedule 1 to the La Trobe
University Act 2009, after "Subject to this Act"
insert ", including an Order in Council made
under section 63".
571260B.I-24/10/2012 74 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 6--Amendment of University Acts
s. 49
(2) After clause 1(2) of Schedule 1 to the La Trobe
University Act 2009 insert--
"(3) Subclause (2) does not apply if an Order in
Council made under section 63 specifies an
5 alternative method of ensuring that the
offices of government appointed members
and Council appointed members do not all
fall vacant in the same year.".
49 Consequential amendments
10 (1) In Schedule 1 to the La Trobe University Act
2009, in clauses 1(1)(a) and (2)(a), 4A(2) and (3),
8(1) and (5) and 9(1) for "an appointed"
substitute "a government appointed".
(2) In Schedule 1 to the La Trobe University Act
15 2009--
(a) clause 1(1)(c) and (1)(d) including the
example are repealed;
(b) in clause 1(1)(b) for "effect;" substitute
"effect.";
20 (c) in clause 2(1) omit "or re-elected";
(d) in clause 5, omit "or election";
(e) clauses 6 and 7 are repealed;
(f) in clause 8(1) and (5) omit "an elected
member,";
25 (g) in clause 8(1) and (3) omit "election or";
(h) in clause 8(2) and (4) omit "elected or";
(i) in clause 8(3) for "elected or appointed, as
the case requires," substitute "appointed".
571260B.I-24/10/2012 75 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 6--Amendment of University Acts
s. 50
50 Quorum at meetings of the Council
For clause 12(1) of Schedule 1 to the La Trobe
University Act 2009 substitute--
"(1) No question must be decided at any meeting
5 of the Council unless there is a quorum of at
least the majority of members holding office
for the time being other than a member who
is on leave of absence granted under
clause 4A.".
10 51 Consequential amendment
In clause 16(1)(a), (2)(a), (b) and (c) of
Schedule 1 to the La Trobe University Act 2009
omit "or election".
Division 3--Amendment of University of Melbourne
15 Act 2009
52 Members of Council
See: (1) In section 3 of the University of Melbourne Act
Act No.
78/2009 2009, the definitions of appointed member and
and elected member are repealed.
amending
20 Act Nos
78/2009,
(2) In section 3 of the University of Melbourne Act
71/2010 and 2009, insert the following definition--
39/2012.
LawToday: "government appointed member means a member
www.
legislation. of the Council appointed under section 12(1)
vic.gov.au or (2);".
25 53 New section 11 substituted
For section 11 of the University of Melbourne
Act 2009 substitute--
"11 Council membership
(1) The Council consists of the fixed number of
30 members being--
(a) the official members; and
571260B.I-24/10/2012 76 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 6--Amendment of University Acts
s. 53
(b) a fixed number of at least 4 government
appointed members of whom--
(i) at least 2 must be persons with
financial expertise with relevant
5 qualifications or experience in
financial management;
(ii) one must be a person with
commercial expertise at a senior
level; and
10 (c) a minimum of one or any other greater
fixed number of Council appointed
members.
(2) The official members of the Council are--
(a) the Chancellor;
15 (b) the Vice-Chancellor;
(c) the president (however designated) of
the academic board or its equivalent.
(3) The government appointed members are--
(a) a minimum of one or any other greater
20 fixed number of persons appointed by
the Governor in Council under
section 12(1); and
(b) a minimum of one or any other greater
fixed number of persons appointed by
25 the Minister under section 12(2).
(4) The Council appointed members are the
persons appointed by the Council under
section 13.
(5) The number of government appointed
30 members must be equal to or greater than the
number of Council appointed members.
571260B.I-24/10/2012 77 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 6--Amendment of University Acts
s. 54
(6) In this section a reference to a fixed number
of members is a reference to the number of
members fixed by Order in Council under
section 63.
5 Note
Section 80 provides for the composition of the Council until
an Order in Council is made under section 63.".
54 New section 63 inserted
After section 62 of the University of Melbourne
10 Act 2009 insert--
"63 Orders in Council
(1) The Governor in Council may make Orders
for or with respect to--
(a) fixing the number of members of the
15 Council or the number of a category of
member of the Council for the purposes
of section 11;
(b) the method of calculating the terms of
office of government appointed
20 members and Council appointed
members so that their terms of office do
not fall vacant in the same year;
Note
This method will override clause 1(2) of
25 Schedule 1.
(c) making transitional provisions
including--
(i) application or saving provisions
about the Council or the
30 membership of the Council arising
from any change of membership
of the Council as the result of the
making of an Order in Council
under paragraph (a); and
571260B.I-24/10/2012 78 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 6--Amendment of University Acts
s. 54
(ii) provision for members to go out
of office or to be appointed to an
office on a change of membership
as the result of the making of an
5 Order in Council under
paragraph (a).
(2) The Governor in Council must not make an
Order under subsection (1) except on the
recommendation of the Minister after the
10 Minister has received a request from the
Council for the Order made by a resolution
of the Council and passed by a two thirds
majority of the current members of the
Council.
15 (3) An Order in Council takes effect on the day
specified in the Order in Council or, if no
date is specified, on the day the Order in
Council is published in the Government
Gazette.
20 (4) A copy of every Order in Council under this
section must be published in the Government
Gazette as soon as practicable after it is
made.
(5) A copy of every Order in Council made
25 under this section must be laid before both
Houses of Parliament on or before the 6th
sitting day after the publication of the Order
in accordance with subsection (4).
(6) Part 5A of the Subordinate Legislation Act
30 1994 applies to an Order in Council under
this section as if the Order in Council were a
legislative instrument within the meaning of
that Act laid before each House of the
Parliament under section 16B of that Act.".
571260B.I-24/10/2012 79 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 6--Amendment of University Acts
s. 55
55 New Division 4 substituted in Part 8
For Division 4 of Part 8 of the University of
Melbourne Act 2009 substitute--
"Division 4--Further transitional provisions
5 78 Definition for this Division
In this Division--
commencement day means the day on which
Part 6 of the Education Legislation
Amendment (Governance) Act 2012
10 comes into operation.
79 Operation of Interpretation of Legislation
Act 1984
Unless the contrary intention expressly
appears, this Division does not affect or take
15 away from the Interpretation of Legislation
Act 1984.
Note
See in particular section 16 of the Interpretation of
Legislation Act 1984.
20 80 Constitution of Council
(1) Until an Order in Council is made under
section 63 for the purposes of section 11, the
Council consists of between 11 and
21 persons being--
25 (a) the official members; and
(b) at least 4 government appointed
members of whom--
(i) at least 2 must be persons with
financial expertise with relevant
30 qualifications or experience in
financial management;
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Part 6--Amendment of University Acts
s. 55
(ii) one must be a person with
commercial expertise at a senior
level; and
(c) at least 4 Council appointed members.
5 (2) The official members of the Council are--
(a) the Chancellor;
(b) the Vice-Chancellor;
(c) the president (however designated) of
the academic board or its equivalent.
10 (3) The government appointed members are--
(a) at least 3 persons appointed by the
Governor in Council under
section 12(1); and
(b) one person appointed by the Minister
15 under section 12(2).
(4) The Council appointed members are the
persons appointed by the Council under
section 13.
(5) The number of government appointed
20 members must be equal to or greater than the
number of Council appointed members.
81 Saving of reconstituted Council
(1) On and from the commencement day, the
Council--
25 (a) continues in existence as if established
under Division 2 of Part 2; and
(b) is taken to be the same body as it was
immediately before that day, despite
any changes to the constitution of the
30 Council and no decision, matter or
thing is to be affected because of those
changes.
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Part 6--Amendment of University Acts
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(2) On and from the commencement day of an
Order in Council under section 63, the
Council--
(a) continues in existence as if established
5 under Division 2 of Part 2; and
(b) is taken to be the same body as it was
immediately before that day, despite
any changes to the constitution of the
Council and no decision, matter or
10 thing is to be affected because of those
changes.
82 Members of Council
(1) On and from the commencement day, the
members of the Council in office under
15 section 11 immediately before that day
except elected members--
(a) are taken to be the members of the
Council appointed in accordance with
section 80; and
20 (b) continue in office on the same terms
and conditions as those on which they
were originally appointed for the
remainder of their original terms as if
appointed under this Act.
25 (2) An elected member of the Council goes out
of office on the first of the following--
(a) 1 January 2013; or
(b) the day his or her office expires.".
56 Consequential amendments
30 (1) In the heading to section 12 of the University of
Melbourne Act 2009 for "Appointed" substitute
"Government appointed".
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Part 6--Amendment of University Acts
s. 57
(2) In section 12(1) and (4) of the University of
Melbourne Act 2009 for "appointed" substitute
"government appointed".
(3) In section 12(2) of the University of Melbourne
5 Act 2009--
(a) for "a person" substitute "persons";
(b) for "an appointed member" substitute
"government appointed members".
(4) In section 12(5) of the University of Melbourne
10 Act 2009 for "An appointed" substitute
"A government appointed".
57 Terms of office of Council members
(1) In clause 1(1) of Schedule 1 to the University of
Melbourne Act 2009, after "Subject to this Act"
15 insert ", including an Order in Council made
under section 63".
(2) After clause 1(2) of Schedule 1 to the University
of Melbourne Act 2009 insert--
"(3) Subclause (2) does not apply if an Order in
20 Council made under section 63 specifies an
alternative method of ensuring that the
offices of government appointed members
and Council appointed members do not all
fall vacant in the same year.".
25 58 Consequential amendments
(1) In Schedule 1 to the University of Melbourne
Act 2009, in clauses 1(1)(a) and (2)(a), 4A(2) and
(3), 8(1) and (5) and 9(1) for "an appointed"
substitute "a government appointed".
30 (2) In Schedule 1 to the University of Melbourne
Act 2009--
(a) clause 1(1)(c) and (1)(d) including the
example are repealed;
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Part 6--Amendment of University Acts
s. 59
(b) in clause 1(1)(b) for "effect;" substitute
"effect.";
(c) in clause 2(1) omit "or re-elected";
(d) in clause 5, omit "or election";
5 (e) clauses 6 and 7 are repealed;
(f) in clause 8(1) and (5) omit "an elected
member,";
(g) in clause 8(1) and (3) omit "election or";
(h) in clause 8(2) and (4) omit "elected or";
10 (i) in clause 8(3) for "elected or appointed, as
the case requires," substitute "appointed".
59 Quorum at meetings of the Council
For clause 12(1) of Schedule 1 to the University
of Melbourne Act 2009 substitute--
15 "(1) No question must be decided at any meeting
of the Council unless there is a quorum of at
least the majority of members holding office
for the time being other than a member who
is on leave of absence granted under
20 clause 4A.".
60 Consequential amendment
In clause 16(1)(a), (2)(a), (b) and (c) of
Schedule 1 to the University of Melbourne Act
2009 omit "or election".
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Part 6--Amendment of University Acts
s. 61
Division 4--Amendment of Monash University Act 2009
61 Members of Council
(1) In section 3 of the Monash University Act 2009, See:
Act No.
the definitions of appointed member and elected 76/2009
5 member are repealed. and
amending
Act Nos
(2) In section 3 of the Monash University Act 2009, 76/2009,
insert the following definition-- 71/2010 and
39/2012.
"government appointed member means a member LawToday:
www.
of the Council appointed under section 12(1) legislation.
10 or (2);". vic.gov.au
62 New section 11 substituted
For section 11 of the Monash University Act
2009 substitute--
"11 Council membership
15 (1) The Council consists of the fixed number of
members being--
(a) the official members; and
(b) a fixed number of at least 4 government
appointed members of whom--
20 (i) at least 2 must be persons with
financial expertise with relevant
qualifications or experience in
financial management;
(ii) one must be a person with
25 commercial expertise at a senior
level; and
(c) a minimum of one or any other greater
fixed number of Council appointed
members.
30 (2) The official members of the Council are--
(a) the Chancellor;
(b) the Vice-Chancellor;
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Part 6--Amendment of University Acts
s. 63
(c) the president (however designated) of
the academic board or its equivalent.
(3) The government appointed members are--
(a) a minimum of one or any other greater
5 fixed number of persons appointed by
the Governor in Council under
section 12(1); and
(b) a minimum of one or any other greater
fixed number of persons appointed by
10 the Minister under section 12(2).
(4) The Council appointed members are the
persons appointed by the Council under
section 13.
(5) The number of government appointed
15 members must be equal to or greater than the
number of Council appointed members.
(6) In this section a reference to a fixed number
of members is a reference to the number of
members fixed by Order in Council under
20 section 63.
Note
Section 77 provides for the composition of the Council until
an Order in Council is made under section 63.".
63 New section 63 inserted
25 After section 62 of the Monash University Act
2009 insert--
"63 Orders in Council
(1) The Governor in Council may make Orders
for or with respect to--
30 (a) fixing the number of members of the
Council or the number of a category of
member of the Council for the purposes
of section 11;
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Part 6--Amendment of University Acts
s. 63
(b) the method of calculating the terms of
office of government appointed
members and Council appointed
members so that their terms of office do
5 not fall vacant in the same year;
Note
This method will override clause 1(2) of
Schedule 1.
(c) making transitional provisions
10 including--
(i) application or saving provisions
about the Council or the
membership of the Council arising
from any change of membership
15 of the Council as the result of the
making of an Order in Council
under paragraph (a); and
(ii) provision for members to go out
of office or to be appointed to an
20 office on a change of membership
as the result of the making of an
Order in Council under
paragraph (a).
(2) The Governor in Council must not make an
25 Order under subsection (1) except on the
recommendation of the Minister after the
Minister has received a request from the
Council for the Order made by a resolution
of the Council and passed by a two thirds
30 majority of the current members of the
Council.
(3) An Order in Council takes effect on the day
specified in the Order in Council or, if no
date is specified, on the day the Order in
35 Council is published in the Government
Gazette.
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Part 6--Amendment of University Acts
s. 64
(4) A copy of every Order in Council under this
section must be published in the Government
Gazette as soon as practicable after it is
made.
5 (5) A copy of every Order in Council made
under this section must be laid before both
Houses of Parliament on or before the 6th
sitting day after the publication of the Order
in accordance with subsection (4).
10 (6) Part 5A of the Subordinate Legislation Act
1994 applies to an Order in Council under
this section as if the Order in Council were a
legislative instrument within the meaning of
that Act laid before each House of the
15 Parliament under section 16B of that Act.".
64 New Division 3 substituted in Part 8
For Division 3 of Part 8 of the Monash
University Act 2009 substitute--
"Division 3--Further transitional provisions
20 75 Definition for this Division
In this Division--
commencement day means the day on which
Part 6 of the Education Legislation
Amendment (Governance) Act 2012
25 comes into operation.
76 Operation of Interpretation of Legislation
Act 1984
Unless the contrary intention expressly
appears, this Division does not affect or take
30 away from the Interpretation of Legislation
Act 1984.
Note
See in particular section 16 of the Interpretation of
Legislation Act 1984.
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Part 6--Amendment of University Acts
s. 64
77 Constitution of Council
(1) Until an Order in Council is made under
section 63 for the purposes of section 11, the
Council consists of between 11 and
5 21 persons being--
(a) the official members; and
(b) at least 4 government appointed
members of whom--
(i) at least 2 must be persons with
10 financial expertise with relevant
qualifications or experience in
financial management;
(ii) one must be a person with
commercial expertise at a senior
15 level; and
(c) at least 4 Council appointed members.
(2) The official members of the Council are--
(a) the Chancellor;
(b) the Vice-Chancellor;
20 (c) the president (however designated) of
the academic board or its equivalent.
(3) The government appointed members are--
(a) at least 3 persons appointed by the
Governor in Council under
25 section 12(1); and
(b) one person appointed by the Minister
under section 12(2).
(4) The Council appointed members are the
persons appointed by the Council under
30 section 13.
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Part 6--Amendment of University Acts
s. 64
(5) The number of government appointed
members must be equal to or greater than the
number of Council appointed members.
78 Saving of reconstituted Council
5 (1) On and from the commencement day, the
Council--
(a) continues in existence as if established
under Division 2 of Part 2; and
(b) is taken to be the same body as it was
10 immediately before that day, despite
any changes to the constitution of the
Council and no decision, matter or
thing is to be affected because of those
changes.
15 (2) On and from the commencement day of an
Order in Council under section 63, the
Council--
(a) continues in existence as if established
under Division 2 of Part 2; and
20 (b) is taken to be the same body as it was
immediately before that day, despite
any changes to the constitution of the
Council and no decision, matter or
thing is to be affected because of those
25 changes.
79 Members of Council
(1) On and from the commencement day, the
members of the Council in office under
section 11 immediately before that day
30 except elected members--
(a) are taken to be the members of the
Council appointed in accordance with
section 77; and
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Part 6--Amendment of University Acts
s. 65
(b) continue in office on the same terms
and conditions as those on which they
were originally appointed for the
remainder of their original terms as if
5 appointed under this Act.
(2) An elected member of the Council goes out
of office on the first of the following--
(a) 1 January 2013; or
(b) the day his or her office expires.".
10 65 Consequential amendments
(1) In the heading to section 12 of the Monash
University Act 2009 for "Appointed" substitute
"Government appointed".
(2) In section 12(1) and (4) of the Monash
15 University Act 2009 for "appointed" substitute
"government appointed".
(3) In section 12(2) of the Monash University Act
2009--
(a) for "a person" substitute "persons";
20 (b) for "an appointed member" substitute
"government appointed members".
(4) In section 12(5) of the Monash University Act
2009 for "An appointed" substitute
"A government appointed".
25 66 Terms of office of Council members
(1) In clause 1(1) of Schedule 1 to the Monash
University Act 2009, after "Subject to this Act"
insert ", including an Order in Council made
under section 63".
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Part 6--Amendment of University Acts
s. 67
(2) After clause 1(2) of Schedule 1 to the Monash
University Act 2009 insert--
"(3) Subclause (2) does not apply if an Order in
Council made under section 63 specifies an
5 alternative method of ensuring that the
offices of government appointed members
and Council appointed members do not all
fall vacant in the same year.".
67 Consequential amendments
10 (1) In Schedule 1 to the Monash University Act
2009, in clauses 1(1)(a) and (2)(a), 4A(2) and (3),
8(1) and (5) and 9(1) for "an appointed"
substitute "a government appointed".
(2) In Schedule 1 to the Monash University Act
15 2009--
(a) clause 1(1)(c) and (1)(d) including the
example are repealed;
(b) in clause 1(1)(b) for "effect;" substitute
"effect.";
20 (c) in clause 2(1) omit "or re-elected";
(d) in clause 5, omit "or election";
(e) clauses 6 and 7 are repealed;
(f) in clause 8(1) and (5) omit "an elected
member,";
25 (g) in clause 8(1) and (3) omit "election or";
(h) in clause 8(2) and (4) omit "elected or";
(i) in clause 8(3) for "elected or appointed, as
the case requires," substitute "appointed".
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Part 6--Amendment of University Acts
s. 68
68 Quorum at meetings of the Council
For clause 12(1) of Schedule 1 to the Monash
University Act 2009 substitute--
"(1) No question must be decided at any meeting
5 of the Council unless there is a quorum of at
least the majority of members holding office
for the time being other than a member who
is on leave of absence granted under
clause 4A.".
10 69 Consequential amendment
In clause 16(1)(a), (2)(a), (b) and (c) of
Schedule 1 to the Monash University Act 2009
omit "or election".
Division 5--Amendment of Royal Melbourne Institute of
15 Technology Act 2010
70 Members of Council
(1) In section 3 of the Royal Melbourne Institute of See:
Act No.
Technology Act 2010, the definitions of 3/2010
appointed member and elected member are and
amending
20 repealed. Act Nos
3/2010,
(2) In section 3 of the Royal Melbourne Institute of 71/2010 and
39/2012.
Technology Act 2010, insert the following LawToday:
definition-- www.
legislation.
"government appointed member means a member vic.gov.au
25 of the Council appointed under section 12(1)
or (2);".
571260B.I-24/10/2012 93 BILL LA INTRODUCTION 24/10/2012
Education Legislation Amendment (Governance) Bill 2012
Part 6--Amendment of University Acts
s. 71
71 New section 11 substituted
For section 11 of the Royal Melbourne Institute
of Technology Act 2010 substitute--
"11 Council membership
5 (1) The Council consists of the fixed number of
members being--
(a) the official members; and
(b) a fixed number of at least 4 government
appointed members of whom--
10 (i) at least 2 must be persons with
financial expertise with relevant
qualifications or experience in
financial management;
(ii) one must be a person with
15 commercial expertise at a senior
level; and
(c) a minimum of one or any other greater
fixed number of Council appointed
members.
20 (2) The official members of the Council are--
(a) the Chancellor;
(b) the Vice-Chancellor;
(c) the president (however designated) of
the academic board or its equivalent.
25 (3) The government appointed members are--
(a) a minimum of one or any other greater
fixed number of persons appointed by
the Governor in Council under
section 12(1); and
30 (b) a minimum of one or any other greater
fixed number of persons appointed by
the Minister under section 12(2).
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Education Legislation Amendment (Governance) Bill 2012
Part 6--Amendment of University Acts
s. 72
(4) The Council appointed members are the
persons appointed by the Council under
section 13.
(5) The number of government appointed
5 members must be equal to or greater than the
number of Council appointed members.
(6) In this section a reference to a fixed number
of members is a reference to the number of
members fixed by Order in Council under
10 section 63.
Note
Section 76 provides for the composition of the Council until
an Order in Council is made under section 63.".
72 New section 63 inserted
15 After section 62 of the Royal Melbourne
Institute of Technology Act 2010 insert--
"63 Orders in Council
(1) The Governor in Council may make Orders
for or with respect to--
20 (a) fixing the number of members of the
Council or the number of a category of
member of the Council for the purposes
of section 11;
(b) the method of calculating the terms of
25 office of government appointed
members and Council appointed
members so that their terms of office do
not fall vacant in the same year;
Note
30 This method will override clause 1(2) of
Schedule 1.
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Part 6--Amendment of University Acts
s. 72
(c) making transitional provisions
including--
(i) application or saving provisions
about the Council or the
5 membership of the Council arising
from any change of membership
of the Council as the result of the
making of an Order in Council
under paragraph (a); and
10 (ii) provision for members to go out
of office or to be appointed to an
office on a change of membership
as the result of the making of an
Order in Council under
15 paragraph (a).
(2) The Governor in Council must not make an
Order under subsection (1) except on the
recommendation of the Minister after the
Minister has received a request from the
20 Council for the Order made by a resolution
of the Council and passed by a two thirds
majority of the current members of the
Council.
(3) An Order in Council takes effect on the day
25 specified in the Order in Council or, if no
date is specified, on the day the Order in
Council is published in the Government
Gazette.
(4) A copy of every Order in Council under this
30 section must be published in the Government
Gazette as soon as practicable after it is
made.
(5) A copy of every Order in Council made
under this section must be laid before both
35 Houses of Parliament on or before the 6th
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Part 6--Amendment of University Acts
s. 73
sitting day after the publication of the Order
in accordance with subsection (4).
(6) Part 5A of the Subordinate Legislation Act
1994 applies to an Order in Council under
5 this section as if the Order in Council were a
legislative instrument within the meaning of
that Act laid before each House of the
Parliament under section 16B of that Act.".
73 New Division 3 substituted in Part 8
10 For Division 3 of Part 8 of the Royal Melbourne
Institute of Technology Act 2010 substitute--
"Division 3--Further transitional provisions
74 Definition for this Division
In this Division--
15 commencement day means the day on which
Part 6 of the Education Legislation
Amendment (Governance) Act 2012
comes into operation.
75 Operation of Interpretation of Legislation
20 Act 1984
Unless the contrary intention expressly
appears, this Division does not affect or take
away from the Interpretation of Legislation
Act 1984.
25 Note
See in particular section 16 of the Interpretation of
Legislation Act 1984.
76 Constitution of Council
(1) Until an Order in Council is made under
30 section 63 for the purposes of section 11, the
Council consists of between 11 and
21 persons being--
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Part 6--Amendment of University Acts
s. 73
(a) the official members; and
(b) at least 4 government appointed
members of whom--
(i) at least 2 must be persons with
5 financial expertise with relevant
qualifications or experience in
financial management;
(ii) one must be a person with
commercial expertise at a senior
10 level; and
(c) at least 4 Council appointed members.
(2) The official members of the Council are--
(a) the Chancellor;
(b) the Vice-Chancellor;
15 (c) the president (however designated) of
the academic board or its equivalent.
(3) The government appointed members are--
(a) at least 3 persons appointed by the
Governor in Council under
20 section 12(1); and
(b) one person appointed by the Minister
under section 12(2).
(4) The Council appointed members are the
persons appointed by the Council under
25 section 13.
(5) The number of government appointed
members must be equal to or greater than the
number of Council appointed members.
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Part 6--Amendment of University Acts
s. 73
77 Saving of reconstituted Council
(1) On and from the commencement day, the
Council--
(a) continues in existence as if established
5 under Division 2 of Part 2; and
(b) is taken to be the same body as it was
immediately before that day, despite
any changes to the constitution of the
Council and no decision, matter or
10 thing is to be affected because of those
changes.
(2) On and from the commencement day of an
Order in Council under section 63, the
Council--
15 (a) continues in existence as if established
under Division 2 of Part 2; and
(b) is taken to be the same body as it was
immediately before that day, despite
any changes to the constitution of the
20 Council and no decision, matter or
thing is to be affected because of those
changes.
78 Members of Council
(1) On and from the commencement day, the
25 members of the Council in office under
section 11 immediately before that day
except elected members--
(a) are taken to be the members of the
Council appointed in accordance with
30 section 76; and
(b) continue in office on the same terms
and conditions as those on which they
were originally appointed for the
remainder of their original terms as if
35 appointed under this Act.
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Part 6--Amendment of University Acts
s. 74
(2) An elected member of the Council goes out
of office on the first of the following--
(a) 1 January 2013; or
(b) the day his or her office expires.".
5 74 Consequential amendments
(1) In the heading to section 12 of the Royal
Melbourne Institute of Technology Act 2010 for
"Appointed" substitute "Government
appointed".
10 (2) In section 12(1) and (4) of the Royal Melbourne
Institute of Technology Act 2010 for "appointed"
substitute "government appointed".
(3) In section 12(2) of the Royal Melbourne
Institute of Technology Act 2010--
15 (a) for "a person" substitute "persons";
(b) for "an appointed member" substitute
"government appointed members".
(4) In section 12(5) of the Royal Melbourne
Institute of Technology Act 2010 for
20 "An appointed" substitute "A government
appointed".
75 Terms of office of Council members
(1) In clause 1(1) of Schedule 1 to the Royal
Melbourne Institute of Technology Act 2010,
25 after "Subject to this Act" insert ", including an
Order in Council made under section 63".
(2) After clause 1(2) of Schedule 1 to the Royal
Melbourne Institute of Technology Act 2010
insert--
30 "(3) Subclause (2) does not apply if an Order in
Council made under section 63 specifies an
alternative method of ensuring that the
offices of government appointed members
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Part 6--Amendment of University Acts
s. 76
and Council appointed members do not all
fall vacant in the same year.".
76 Consequential amendments
(1) In Schedule 1 to the Royal Melbourne Institute
5 of Technology Act 2010, in clauses 1(1)(a) and
(2)(a), 4A(2) and (3), 8(1) and (5) and 9(1) for
"an appointed" substitute "a government
appointed".
(2) In Schedule 1 to the Royal Melbourne Institute
10 of Technology Act 2010--
(a) clause 1(1)(c) and (1)(d) including the
example are repealed;
(b) in clause 1(1)(b) for "effect;" substitute
"effect.";
15 (c) in clause 2(1) omit "or re-elected";
(d) in clause 5, omit "or election";
(e) clauses 6 and 7 are repealed;
(f) in clause 8(1) and (5) omit "an elected
member,";
20 (g) in clause 8(1) and (3) omit "election or";
(h) in clause 8(2) and (4) omit "elected or";
(i) in clause 8(3) for "elected or appointed, as
the case requires," substitute "appointed".
77 Quorum at meetings of the Council
25 For clause 12(1) of Schedule 1 to the Royal
Melbourne Institute of Technology Act 2010
substitute--
"(1) No question must be decided at any meeting
of the Council unless there is a quorum of at
30 least the majority of members holding office
for the time being other than a member who
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Education Legislation Amendment (Governance) Bill 2012
Part 6--Amendment of University Acts
s. 78
is on leave of absence granted under
clause 4A.".
78 Consequential amendment
In clause 16(1)(a), (2)(a), (b) and (c) of
5 Schedule 1 to the Royal Melbourne Institute of
Technology Act 2010 omit "or election".
Division 6--Amendment of Swinburne University of
Technology Act 2010
79 Members of Council
10 See:
Act No.
(1) In section 3 of the Swinburne University of
4/2010 Technology Act 2010, the definitions of
and appointed member and elected member are
amending
Act Nos repealed.
4/2010,
71/2010 and (2) In section 3 of the Swinburne University of
15 39/2012.
LawToday:
Technology Act 2010, insert the following
www. definition--
legislation.
vic.gov.au "government appointed member means a member
of the Council appointed under section 12(1)
or (2);".
20 80 New section 11 substituted
For section 11 of the Swinburne University of
Technology Act 2010 substitute--
"11 Council membership
(1) The Council consists of the fixed number of
25 members being--
(a) the official members; and
(b) a fixed number of at least 4 government
appointed members of whom--
(i) at least 2 must be persons with
30 financial expertise with relevant
qualifications or experience in
financial management;
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Part 6--Amendment of University Acts
s. 80
(ii) one must be a person with
commercial expertise at a senior
level; and
(c) a minimum of one or any other greater
5 fixed number of Council appointed
members.
(2) The official members of the Council are--
(a) the Chancellor;
(b) the Vice-Chancellor;
10 (c) the president (however designated) of
the academic board or its equivalent.
(3) The government appointed members are--
(a) a minimum of one or any other greater
fixed number of persons appointed by
15 the Governor in Council under
section 12(1); and
(b) a minimum of one or any other greater
fixed number of persons appointed by
the Minister under section 12(2).
20 (4) The Council appointed members are the
persons appointed by the Council under
section 13.
(5) The number of government appointed
members must be equal to or greater than the
25 number of Council appointed members.
(6) In this section a reference to a fixed number
of members is a reference to the number of
members fixed by Order in Council under
section 63.
30 Note
Section 76 provides for the composition of the Council until
an Order in Council is made under section 63.".
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Education Legislation Amendment (Governance) Bill 2012
Part 6--Amendment of University Acts
s. 81
81 New section 63 inserted
After section 62 of the Swinburne University of
Technology Act 2010 insert--
"63 Orders in Council
5 (1) The Governor in Council may make Orders
for or with respect to--
(a) fixing the number of members of the
Council or the number of a category of
member of the Council for the purposes
10 of section 11;
(b) the method of calculating the terms of
office of government appointed
members and Council appointed
members so that their terms of office do
15 not fall vacant in the same year;
Note
This method will override clause 1(2) of
Schedule 1.
(c) making transitional provisions
20 including--
(i) application or saving provisions
about the Council or the
membership of the Council arising
from any change of membership
25 of the Council as the result of the
making of an Order in Council
under paragraph (a); and
(ii) provision for members to go out
of office or to be appointed to an
30 office on a change of membership
as the result of the making of an
Order in Council under
paragraph (a).
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Part 6--Amendment of University Acts
s. 81
(2) The Governor in Council must not make an
Order under subsection (1) except on the
recommendation of the Minister after the
Minister has received a request from the
5 Council for the Order made by a resolution
of the Council and passed by a two thirds
majority of the current members of the
Council.
(3) An Order in Council takes effect on the day
10 specified in the Order in Council or, if no
date is specified, on the day the Order in
Council is published in the Government
Gazette.
(4) A copy of every Order in Council under this
15 section must be published in the Government
Gazette as soon as practicable after it is
made.
(5) A copy of every Order in Council made
under this section must be laid before both
20 Houses of Parliament on or before the 6th
sitting day after the publication of the Order
in accordance with subsection (4).
(6) Part 5A of the Subordinate Legislation Act
1994 applies to an Order in Council under
25 this section as if the Order in Council were a
legislative instrument within the meaning of
that Act laid before each House of the
Parliament under section 16B of that Act.".
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Part 6--Amendment of University Acts
s. 82
82 New Division 3 substituted in Part 8
For Division 3 of Part 8 of the Swinburne
University of Technology Act 2010 substitute--
"Division 3--Further transitional provisions
5 74 Definition for this Division
In this Division--
commencement day means the day on which
Part 6 of the Education Legislation
Amendment (Governance) Act 2012
10 comes into operation.
75 Operation of Interpretation of Legislation
Act 1984
Unless the contrary intention expressly
appears, this Division does not affect or take
15 away from the Interpretation of Legislation
Act 1984.
Note
See in particular section 16 of the Interpretation of
Legislation Act 1984.
20 76 Constitution of Council
(1) Until an Order in Council is made under
section 63 for the purposes of section 11, the
Council consists of between 11 and
21 persons being--
25 (a) the official members; and
(b) at least 4 government appointed
members of whom--
(i) at least 2 must be persons with
financial expertise with relevant
30 qualifications or experience in
financial management;
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Part 6--Amendment of University Acts
s. 82
(ii) one must be a person with
commercial expertise at a senior
level; and
(c) at least 4 Council appointed members.
5 (2) The official members of the Council are--
(a) the Chancellor;
(b) the Vice-Chancellor;
(c) the president (however designated) of
the academic board or its equivalent.
10 (3) The government appointed members are--
(a) at least 3 persons appointed by the
Governor in Council under
section 12(1); and
(b) one person appointed by the Minister
15 under section 12(2).
(4) The Council appointed members are the
persons appointed by the Council under
section 13.
(5) The number of government appointed
20 members must be equal to or greater than the
number of Council appointed members.
77 Saving of reconstituted Council
(1) On and from the commencement day, the
Council--
25 (a) continues in existence as if established
under Division 2 of Part 2; and
(b) is taken to be the same body as it was
immediately before that day, despite
any changes to the constitution of the
30 Council and no decision, matter or
thing is to be affected because of those
changes.
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Part 6--Amendment of University Acts
s. 83
(2) On and from the commencement day of an
Order in Council under section 63, the
Council--
(a) continues in existence as if established
5 under Division 2 of Part 2; and
(b) is taken to be the same body as it was
immediately before that day, despite
any changes to the constitution of the
Council and no decision, matter or
10 thing is to be affected because of those
changes.
78 Members of Council
(1) On and from the commencement day, the
members of the Council in office under
15 section 11 immediately before that day
except elected members--
(a) are taken to be the members of the
Council appointed in accordance with
section 76; and
20 (b) continue in office on the same terms
and conditions as those on which they
were originally appointed for the
remainder of their original terms as if
appointed under this Act.
25 (2) An elected member of the Council goes out
of office on the first of the following--
(a) 1 January 2013; or
(b) the day his or her office expires.".
83 Consequential amendments
30 (1) In the heading to section 12 of the Swinburne
University of Technology Act 2010 for
"Appointed" substitute "Government
appointed".
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Part 6--Amendment of University Acts
s. 84
(2) In section 12(1) and (4) of the Swinburne
University of Technology Act 2010 for
"appointed" substitute "government appointed".
(3) In section 12(2) of the Swinburne University of
5 Technology Act 2010--
(a) for "a person" substitute "persons";
(b) for "an appointed member" substitute
"government appointed members".
(4) In section 12(5) of the Swinburne University of
10 Technology Act 2010 for "An appointed"
substitute "A government appointed".
84 Terms of office of Council members
(1) In clause 1(1) of Schedule 1 to the Swinburne
University of Technology Act 2010, after
15 "Subject to this Act" insert ", including an Order
in Council made under section 63".
(2) After clause 1(2) of Schedule 1 to the Swinburne
University of Technology Act 2010 insert--
"(3) Subclause (2) does not apply if an Order in
20 Council made under section 63 specifies an
alternative method of ensuring that the
offices of government appointed members
and Council appointed members do not all
fall vacant in the same year.".
25 85 Consequential amendments
(1) In Schedule 1 to the Swinburne University of
Technology Act 2010, in clauses 1(1)(a) and
(2)(a), 4A(2) and (3), 8(1) and (5) and 9(1) for
"an appointed" substitute "a government
30 appointed".
(2) In Schedule 1 to the Swinburne University of
Technology Act 2010--
(a) clause 1(1)(c) and (1)(d) including the
example are repealed;
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Part 6--Amendment of University Acts
s. 86
(b) in clause 1(1)(b) for "effect;" substitute
"effect.";
(c) in clause 2(1) omit "or re-elected";
(d) in clause 5, omit "or election";
5 (e) clauses 6 and 7 are repealed;
(f) in clause 8(1) and (5) omit "an elected
member,";
(g) in clause 8(1) and (3) omit "election or";
(h) in clause 8(2) and (4) omit "elected or";
10 (i) in clause 8(3) for "elected or appointed, as
the case requires," substitute "appointed".
86 Quorum at meetings of the Council
For clause 12(1) of Schedule 1 to the Swinburne
University of Technology Act 2010 substitute--
15 "(1) No question must be decided at any meeting
of the Council unless there is a quorum of at
least the majority of members holding office
for the time being other than a member who
is on leave of absence granted under
20 clause 4A.".
87 Consequential amendment
In clause 16(1)(a), (2)(a), (b) and (c) of
Schedule 1 to the Swinburne University of
Technology Act 2010 omit "or election".
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Education Legislation Amendment (Governance) Bill 2012
Part 6--Amendment of University Acts
s. 88
Division 7--Amendment of University of Ballarat Act 2010
88 Members of Council
(1) In section 3 of the University of Ballarat Act See:
Act No.
2010, the definitions of appointed member and 5/2010
5 elected member are repealed. and
amending
Act Nos
(2) In section 3 of the University of Ballarat Act 5/2010,
2010, insert the following definition-- 71/2010 and
39/2012.
"government appointed member means a member LawToday:
www.
of the Council appointed under section 12(1) legislation.
10 or (2);". vic.gov.au
89 New section 11 substituted
For section 11 of the University of Ballarat Act
2010 substitute--
"11 Council membership
15 (1) The Council consists of the fixed number of
members being--
(a) the official members; and
(b) a fixed number of at least 4 government
appointed members of whom--
20 (i) at least 2 must be persons with
financial expertise with relevant
qualifications or experience in
financial management;
(ii) one must be a person with
25 commercial expertise at a senior
level; and
(c) a minimum of one or any other greater
fixed number of Council appointed
members.
30 (2) The official members of the Council are--
(a) the Chancellor;
(b) the Vice-Chancellor;
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Part 6--Amendment of University Acts
s. 90
(c) the president (however designated) of
the academic board or its equivalent.
(3) The government appointed members are--
(a) a minimum of one or any other greater
5 fixed number of persons appointed by
the Governor in Council under
section 12(1); and
(b) a minimum of one or any other greater
fixed number of persons appointed by
10 the Minister under section 12(2).
(4) The Council appointed members are the
persons appointed by the Council under
section 13.
(5) The number of government appointed
15 members must be equal to or greater than the
number of Council appointed members.
(6) In this section a reference to a fixed number
of members is a reference to the number of
members fixed by Order in Council under
20 section 63.
Note
Section 76 provides for the composition of the Council until
an Order in Council is made under section 63.".
90 New section 63 inserted
25 After section 62 of the University of Ballarat Act
2010 insert--
"63 Orders in Council
(1) The Governor in Council may make Orders
for or with respect to--
30 (a) fixing the number of members of the
Council or the number of a category of
member of the Council for the purposes
of section 11;
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Part 6--Amendment of University Acts
s. 90
(b) the method of calculating the terms of
office of government appointed
members and Council appointed
members so that their terms of office do
5 not fall vacant in the same year;
Note
This method will override clause 1(2) of
Schedule 1.
(c) making transitional provisions
10 including--
(i) application or saving provisions
about the Council or the
membership of the Council arising
from any change of membership
15 of the Council as the result of the
making of an Order in Council
under paragraph (a); and
(ii) provision for members to go out
of office or to be appointed to an
20 office on a change of membership
as the result of the making of an
Order in Council under
paragraph (a).
(2) The Governor in Council must not make an
25 Order under subsection (1) except on the
recommendation of the Minister after the
Minister has received a request from the
Council for the Order made by a resolution
of the Council and passed by a two thirds
30 majority of the current members of the
Council.
(3) An Order in Council takes effect on the day
specified in the Order in Council or, if no
date is specified, on the day the Order in
35 Council is published in the Government
Gazette.
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Part 6--Amendment of University Acts
s. 91
(4) A copy of every Order in Council under this
section must be published in the Government
Gazette as soon as practicable after it is
made.
5 (5) A copy of every Order in Council made
under this section must be laid before both
Houses of Parliament on or before the 6th
sitting day after the publication of the Order
in accordance with subsection (4).
10 (6) Part 5A of the Subordinate Legislation Act
1994 applies to an Order in Council under
this section as if the Order in Council were a
legislative instrument within the meaning of
that Act laid before each House of the
15 Parliament under section 16B of that Act.".
91 New Division 3 substituted in Part 8
For Division 3 of Part 8 of the University of
Ballarat Act 2010 substitute--
"Division 3--Further transitional provisions
20 74 Definition for this Division
In this Division--
commencement day means the day on which
Part 6 of the Education Legislation
Amendment (Governance) Act 2012
25 comes into operation.
75 Operation of Interpretation of Legislation
Act 1984
Unless the contrary intention expressly
appears, this Division does not affect or take
30 away from the Interpretation of Legislation
Act 1984.
Note
See in particular section 16 of the Interpretation of
Legislation Act 1984.
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Part 6--Amendment of University Acts
s. 91
76 Constitution of Council
(1) Until an Order in Council is made under
section 63 for the purposes of section 11, the
Council consists of between 11 and
5 21 persons being--
(a) the official members; and
(b) at least 4 government appointed
members of whom--
(i) at least 2 must be persons with
10 financial expertise with relevant
qualifications or experience in
financial management;
(ii) one must be a person with
commercial expertise at a senior
15 level; and
(c) at least 4 Council appointed members.
(2) The official members of the Council are--
(a) the Chancellor;
(b) the Vice-Chancellor;
20 (c) the president (however designated) of
the academic board or its equivalent.
(3) The government appointed members are--
(a) at least 3 persons appointed by the
Governor in Council under
25 section 12(1); and
(b) one person appointed by the Minister
under section 12(2).
(4) The Council appointed members are the
persons appointed by the Council under
30 section 13.
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Part 6--Amendment of University Acts
s. 91
(5) The number of government appointed
members must be equal to or greater than the
number of Council appointed members.
77 Saving of reconstituted Council
5 (1) On and from the commencement day, the
Council--
(a) continues in existence as if established
under Division 2 of Part 2; and
(b) is taken to be the same body as it was
10 immediately before that day, despite
any changes to the constitution of the
Council and no decision, matter or
thing is to be affected because of those
changes.
15 (2) On and from the commencement day of an
Order in Council under section 63, the
Council--
(a) continues in existence as if established
under Division 2 of Part 2; and
20 (b) is taken to be the same body as it was
immediately before that day, despite
any changes to the constitution of the
Council and no decision, matter or
thing is to be affected because of those
25 changes.
78 Members of Council
(1) On and from the commencement day, the
members of the Council in office under
section 11 immediately before that day
30 except elected members--
(a) are taken to be the members of the
Council appointed in accordance with
section 76; and
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Part 6--Amendment of University Acts
s. 92
(b) continue in office on the same terms
and conditions as those on which they
were originally appointed for the
remainder of their original terms as if
5 appointed under this Act.
(2) An elected member of the Council goes out
of office on the first of the following--
(a) 1 January 2013; or
(b) the day his or her office expires.".
10 92 Consequential amendments
(1) In the heading to section 12 of the University of
Ballarat Act 2010 for "Appointed" substitute
"Government appointed".
(2) In section 12(1) and (4) of the University of
15 Ballarat Act 2010 for "appointed" substitute
"government appointed".
(3) In section 12(2) of the University of Ballarat Act
2010--
(a) for "a person" substitute "persons";
20 (b) for "an appointed member" substitute
"government appointed members".
(4) In section 12(5) of the University of Ballarat Act
2010 for "An appointed" substitute
"A government appointed".
25 93 Terms of office of Council members
(1) In clause 1(1) of Schedule 1 to the University of
Ballarat Act 2010, after "Subject to this Act"
insert ", including an Order in Council made
under section 63".
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Part 6--Amendment of University Acts
s. 94
(2) After clause 1(2) of Schedule 1 to the University
of Ballarat Act 2010 insert--
"(3) Subclause (2) does not apply if an Order in
Council made under section 63 specifies an
5 alternative method of ensuring that the
offices of government appointed members
and Council appointed members do not all
fall vacant in the same year.".
94 Consequential amendments
10 (1) In Schedule 1 to the University of Ballarat Act
2010, in clauses 1(1)(a) and (2)(a), 4A(2) and (3),
8(1) and (5) and 9(1) for "an appointed"
substitute "a government appointed".
(2) In Schedule 1 to the University of Ballarat Act
15 2010--
(a) clause 1(1)(c) and (1)(d) including the
example are repealed;
(b) in clause 1(1)(b) for "effect;" substitute
"effect.";
20 (c) in clause 2(1) omit "or re-elected";
(d) in clause 5, omit "or election";
(e) clauses 6 and 7 are repealed;
(f) in clause 8(1) and (5) omit "an elected
member,";
25 (g) in clause 8(1) and (3) omit "election or";
(h) in clause 8(2) and (4) omit "elected or";
(i) in clause 8(3) for "elected or appointed, as
the case requires," substitute "appointed".
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Education Legislation Amendment (Governance) Bill 2012
Part 6--Amendment of University Acts
s. 95
95 Quorum at meetings of the Council
For clause 12(1) of Schedule 1 to the University
of Ballarat Act 2010 substitute--
"(1) No question must be decided at any meeting
5 of the Council unless there is a quorum of at
least the majority of members holding office
for the time being other than a member who
is on leave of absence granted under
clause 4A.".
10 96 Consequential amendment
In clause 16(1)(a), (2)(a), (b) and (c) of
Schedule 1 to the University of Ballarat Act
2010 omit "or election".
Division 8--Amendment of Victoria University Act 2010
15 97 Members of Council
(1) In section 3 of the Victoria University Act 2010, See:
Act No.
the definitions of appointed member and elected 14/2010
member are repealed. and
amending
Act Nos
(2) In section 3 of the Victoria University Act 2010, 14/2010,
20 insert the following definition-- 71/2010 and
39/2012.
"government appointed member means a member LawToday:
www.
of the Council appointed under section 12(1) legislation.
or (2);". vic.gov.au
98 New section 11 substituted
25 For section 11 of the Victoria University Act
2010 substitute--
"11 Council membership
(1) The Council consists of the fixed number of
members being--
30 (a) the official members; and
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Education Legislation Amendment (Governance) Bill 2012
Part 6--Amendment of University Acts
s. 98
(b) a fixed number of at least 4 government
appointed members of whom--
(i) at least 2 must be persons with
financial expertise with relevant
5 qualifications or experience in
financial management;
(ii) one must be a person with
commercial expertise at a senior
level; and
10 (c) a minimum of one or any other greater
fixed number of Council appointed
members.
(2) The official members of the Council are--
(a) the Chancellor;
15 (b) the Vice-Chancellor;
(c) the president (however designated) of
the academic board or its equivalent.
(3) The government appointed members are--
(a) a minimum of one or any other greater
20 fixed number of persons appointed by
the Governor in Council under
section 12(1); and
(b) a minimum of one or any other greater
fixed number of persons appointed by
25 the Minister under section 12(2).
(4) The Council appointed members are the
persons appointed by the Council under
section 13.
(5) The number of government appointed
30 members must be equal to or greater than the
number of Council appointed members.
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Part 6--Amendment of University Acts
s. 99
(6) In this section a reference to a fixed number
of members is a reference to the number of
members fixed by Order in Council under
section 63.
5 Note
Section 76 provides for the composition of the Council until
an Order in Council is made under section 63.".
99 New section 63 inserted
After section 62 of the Victoria University Act
10 2010 insert--
"63 Orders in Council
(1) The Governor in Council may make Orders
for or with respect to--
(a) fixing the number of members of the
15 Council or the number of a category of
member of the Council for the purposes
of section 11;
(b) the method of calculating the terms of
office of government appointed
20 members and Council appointed
members so that their terms of office do
not fall vacant in the same year;
Note
This method will override clause 1(2) of
25 Schedule 1.
(c) making transitional provisions
including--
(i) application or saving provisions
about the Council or the
30 membership of the Council arising
from any change of membership
of the Council as the result of the
making of an Order in Council
under paragraph (a); and
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Education Legislation Amendment (Governance) Bill 2012
Part 6--Amendment of University Acts
s. 99
(ii) provision for members to go out
of office or to be appointed to an
office on a change of membership
as the result of the making of an
5 Order in Council under
paragraph (a).
(2) The Governor in Council must not make an
Order under subsection (1) except on the
recommendation of the Minister after the
10 Minister has received a request from the
Council for the Order made by a resolution
of the Council and passed by a two thirds
majority of the current members of the
Council.
15 (3) An Order in Council takes effect on the day
specified in the Order in Council or, if no
date is specified, on the day the Order in
Council is published in the Government
Gazette.
20 (4) A copy of every Order in Council under this
section must be published in the Government
Gazette as soon as practicable after it is
made.
(5) A copy of every Order in Council made
25 under this section must be laid before both
Houses of Parliament on or before the 6th
sitting day after the publication of the Order
in accordance with subsection (4).
(6) Part 5A of the Subordinate Legislation Act
30 1994 applies to an Order in Council under
this section as if the Order in Council were a
legislative instrument within the meaning of
that Act laid before each House of the
Parliament under section 16B of that Act.".
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Education Legislation Amendment (Governance) Bill 2012
Part 6--Amendment of University Acts
s. 100
100 New Division 3 substituted in Part 8
For Division 3 of Part 8 of the Victoria
University Act 2010 substitute--
"Division 3--Further transitional provisions
5 74 Definition for this Division
In this Division--
commencement day means the day on which
Part 6 of the Education Legislation
Amendment (Governance) Act 2012
10 comes into operation.
75 Operation of Interpretation of Legislation
Act 1984
Unless the contrary intention expressly
appears, this Division does not affect or take
15 away from the Interpretation of Legislation
Act 1984.
Note
See in particular section 16 of the Interpretation of
Legislation Act 1984.
20 76 Constitution of Council
(1) Until an Order in Council is made under
section 63 for the purposes of section 11, the
Council consists of between 11 and
21 persons being--
25 (a) the official members; and
(b) at least 4 government appointed
members of whom--
(i) at least 2 must be persons with
financial expertise with relevant
30 qualifications or experience in
financial management;
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Part 6--Amendment of University Acts
s. 100
(ii) one must be a person with
commercial expertise at a senior
level; and
(c) at least 4 Council appointed members.
5 (2) The official members of the Council are--
(a) the Chancellor;
(b) the Vice-Chancellor;
(c) the president (however designated) of
the academic board or its equivalent.
10 (3) The government appointed members are--
(a) at least 3 persons appointed by the
Governor in Council under
section 12(1); and
(b) one person appointed by the Minister
15 under section 12(2).
(4) The Council appointed members are the
persons appointed by the Council under
section 13.
(5) The number of government appointed
20 members must be equal to or greater than the
number of Council appointed members.
77 Saving of reconstituted Council
(1) On and from the commencement day, the
Council--
25 (a) continues in existence as if established
under Division 2 of Part 2; and
(b) is taken to be the same body as it was
immediately before that day, despite
any changes to the constitution of the
30 Council and no decision, matter or
thing is to be affected because of those
changes.
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Part 6--Amendment of University Acts
s. 101
(2) On and from the commencement day of an
Order in Council under section 63, the
Council--
(a) continues in existence as if established
5 under Division 2 of Part 2; and
(b) is taken to be the same body as it was
immediately before that day, despite
any changes to the constitution of the
Council and no decision, matter or
10 thing is to be affected because of those
changes.
78 Members of Council
(1) On and from the commencement day, the
members of the Council in office under
15 section 11 immediately before that day
except elected members--
(a) are taken to be the members of the
Council appointed in accordance with
section 76; and
20 (b) continue in office on the same terms
and conditions as those on which they
were originally appointed for the
remainder of their original terms as if
appointed under this Act.
25 (2) An elected member of the Council goes out
of office on the first of the following--
(a) 1 January 2013; or
(b) the day his or her office expires.".
101 Consequential amendments
30 (1) In the heading to section 12 of the Victoria
University Act 2010 for "Appointed" substitute
"Government appointed".
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Part 6--Amendment of University Acts
s. 102
(2) In section 12(1) and (4) of the Victoria
University Act 2010 for "appointed" substitute
"government appointed".
(3) In section 12(2) of the Victoria University Act
5 2010--
(a) for "a person" substitute "persons";
(b) for "an appointed member" substitute
"government appointed members".
(4) In section 12(5) of the Victoria University Act
10 2010 for "An appointed" substitute
"A government appointed".
102 Terms of office of Council members
(1) In clause 1(1) of Schedule 1 to the Victoria
University Act 2010, after "Subject to this Act"
15 insert ", including an Order in Council made
under section 63".
(2) After clause 1(2) of Schedule 1 to the Victoria
University Act 2010 insert--
"(3) Subclause (2) does not apply if an Order in
20 Council made under section 63 specifies an
alternative method of ensuring that the
offices of government appointed members
and Council appointed members do not all
fall vacant in the same year.".
25 103 Consequential amendments
(1) In Schedule 1 to the Victoria University Act
2010, in clauses 1(1)(a) and (2)(a), 4A(2) and (3),
8(1) and (5) and 9(1) for "an appointed"
substitute "a government appointed".
30 (2) In Schedule 1 to the Victoria University Act
2010--
(a) clause 1(1)(c) and (1)(d) including the
example are repealed;
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Part 6--Amendment of University Acts
s. 104
(b) in clause 1(1)(b) for "effect;" substitute
"effect.";
(c) in clause 2(1) omit "or re-elected";
(d) in clause 5, omit "or election";
5 (e) clauses 6 and 7 are repealed;
(f) in clause 8(1) and (5) omit "an elected
member,";
(g) in clause 8(1) and (3) omit "election or";
(h) in clause 8(2) and (4) omit "elected or";
10 (i) in clause 8(3) for "elected or appointed, as
the case requires," substitute "appointed".
104 Quorum at meetings of the Council
For clause 12(1) of Schedule 1 to the Victoria
University Act 2010 substitute--
15 "(1) No question must be decided at any meeting
of the Council unless there is a quorum of at
least the majority of members holding office
for the time being other than a member who
is on leave of absence granted under
20 clause 4A".
105 Consequential amendment
In clause 16(1)(a), (2)(a), (b) and (c) of
Schedule 1 to the Victoria University Act 2010
omit "or election".
__________________
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Education Legislation Amendment (Governance) Bill 2012
Part 7--Other Amendments
s. 106
PART 7--OTHER AMENDMENTS
106 Authorisations for use of Victorian student numbers
and related information
In section 5.3A.9(1)(d) of the Education and
5 Training Reform Act 2006 omit ", the
Department of Innovation, Industry and Regional
Development or the Department of Planning and
Community Development".
107 Proceedings for offences
10 In section 5.8.6(4) of the Education and
Training Reform Act 2006, for "other than
Part 2.6 or 5.5 or Chapter 4" substitute
"(other than Part 2.6 or 5.5 or Chapter 4) or the
regulations made under this Act".
15 See:
Act No.
108 Amendments to the Education and Training Reform
71/2010. Amendment (Skills) Act 2010
LawToday:
www. (1) In section 2(2) of the Education and Training
legislation.
vic.gov.au
Reform Amendment (Skills) Act 2010, for
"2013" substitute "2014".
20 (2) In section 55(3) of the Education and Training
Reform Amendment (Skills) Act 2010--
(a) for "section 3.1.13(2)" substitute
"3.1.12B(2)";
(b) for "the board of an institute" substitute
25 "a TAFE institute";
(c) for "subsections (1) and (2)" substitute
"this section".
(3) Section 56 of the Education and Training
Reform Amendment (Skills) Act 2010 is
30 repealed.
(4) In section 73 of the Education and Training
Reform Amendment (Skills) Act 2010, for
"2014" substitute "2015".
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Part 7--Other Amendments
s. 109
109 Statute law revision amendments
(1) In section 2.6.46(1)(a) of the Education and
Training Reform Act 2006, for "misconduct of"
substitute "misconduct or".
5 (2) In section 4.9.4(1A)(a) of the Education and
Training Reform Act 2006, for "Agency"
substitute "Authority".
(3) In section 5.8.1(1)(b) of the Education and
Training Reform Act 2006, for "of TAFE"
10 substitute "of a TAFE".
(4) In clause 8B of Schedule 5 to the Education and
Training Reform Act 2006, for "including terms"
substitute "include terms".
__________________
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Education Legislation Amendment (Governance) Bill 2012
Part 8--Repeal of Amending Act
s. 110
PART 8--REPEAL OF AMENDING ACT
110 Repeal of amending Act
This Act is repealed on 1 January 2014.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Education Legislation Amendment (Governance) Bill 2012
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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