Victorian Numbered Acts

EDUCATION LEGISLATION AMENDMENT (VET SECTOR, UNIVERSITIES AND OTHER MATTERS) ACT 2012 (NO. 39 OF 2012) - SECT 35

After section 3.3.34 of the Education and Training Reform Act 2006 insert —

        " 3.3.34A     Strategic plans

    (1)     The governing board of an adult education institution must, at the direction of the Minister and at the time or times determined by the Minister, prepare and submit to the Minister for acceptance a strategic plan for the operation of the institution.

    (2)     A strategic plan must be prepared in accordance with the guidelines established by the Minister from time to time.

    (3)     The Minister may—

        (a)     accept a strategic plan; or

        (b)     accept a strategic plan with amendments; or

        (c)     refuse to accept a strategic plan.

    (4)     The governing board of an adult education institution must advise the Minister if it wishes to exercise its functions in a manner inconsistent with its accepted strategic plan.

        3.3.34B     When statement of corporate intent to be prepared

    (1)     In respect of each year, the governing board of an adult education institution must—

        (a)     prepare, in consultation with the Secretary, a proposed statement of corporate intent in relation to the provision of adult, community and further education, vocational education and training, employment and other associated programs and services; and

        (b)     submit the proposed statement of corporate intent to the Minister.

    (2)     If, prior to 1 October, the Minister provides to the governing board of an adult education institution a statement of expectations in relation to the operations of the institution in the next year, these must be taken into account in preparing a statement of corporate intent.

    (3)     If the governing board of an adult education institution and the Minister fail to agree on a statement of corporate intent before 1 March of the year to which the statement of corporate intent relates, the Minister may make a statement of corporate intent in relation to the adult education institution.

    (4)     A statement of corporate intent may be varied at any time if the governing board of an adult education institution and the Minister so agree.

    (5)     If the governing board of an adult education institution and the Minister fail to agree to a proposed variation of a statement of corporate intent within 28 days after the variation is proposed, the Minister may—

        (a)     vary the statement of corporate intent; or

        (b)     decline to vary the statement of corporate intent.

    (6)     The Minister must cause copies of each statement of corporate intent and any variation to be made available on request to a member of the public.

        3.3.34C     Content of statement of corporate intent

A statement of corporate intent made by the governing board of an adult education institution under section 3.3.34B must—

        (a)     be consistent with the strategic plan accepted by the Minister for the institution; and

        (b)     specify in respect of the year to which it relates—

              (i)     the services to be provided by the institution and the funds to be provided to the institution; and

              (ii)     the objectives, priorities and key performance outcomes to be met by the institution; and

              (iii)     the performance indicators, targets or other measures against which the performance of the institution is to be assessed and monitored; and
s. 35

              (iv)     how and when the institution must report to the Minister and the Secretary on its performance in relation to the specified objectives, priorities and key performance outcomes; and

              (v)     any other matter agreed from time to time between the Minister and the governing board of the adult education institution, or determined by the Minister.

        3.3.34D     Annual meetings

    (1)     The governing board of an adult education institution must ensure that the chief executive officer convenes an annual meeting of the institution to be held on or after 1 January and—

        (a)     on or before 30 June in each year; or

        (b)     if the Secretary in writing approves a later date, on or before that later date in each year.

    (2)     The chief executive officer of the institution must cause notice of the annual meeting to be published in a newspaper circulating generally in the area where the institution is located giving notice—

        (a)     of the date, time and place of the meeting; and

        (b)     that the meeting is open to the public.

    (3)     The chief executive officer of the institution must give notice of the annual meeting to the Secretary.

    (4)     At each annual meeting of the governing board of an adult education institution the governing board of that institution—

        (a)     must submit the financial statements and report of operations prepared in accordance with Part 7 of the Financial Management Act 1994 ; and

        (b)     must report on the services provided by the institution in the preceding year and on services proposed to be provided in the following year; and

        (c)     must report on any other matters as prescribed in the regulations.".    

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