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TRAINING AND WORKFORCE DEVELOPMENT BILL 2013
CLAUSE NOTES
PART 1 PRELIMINARY
Clause 1 Short title
Training and Workforce Development Act 2013
Clause 2 Commencement
1 July 2013
Clause 3 Object of Act
Sets out the object of the Act.
The clause also describes the elements that comprise the training and
workforce development system, and how the object will mainly be
achieved.
Clause 4 Interpretation
Provides meanings for terms used in the Bill
Clause 5 Priorities for training and workforce development system
Sets out the Minister's responsibility for establishing priorities for the
training and workforce development system to further the object of the
Act
PART 2 GENERAL ADMINISTRATION OF TRAINING AND WORKFORCE
DEVELOPMENT SYSTEM
Clause 6 Responsibilities of Secretary
Sets out the Secretary's responsibilities in relation to administration of
Tasmania's system of training and workforce development. This includes
advising the Minister on priorities in relation to training and workforce
development, that funding provided for the purchase of training from
public and private registered training organisations is used for that
purposes, and to report on the performance of Tasmania's system of
training and workforce development.
Under subclause (2), the Secretary, in advising the Minister, is required to
liaise with and take into account the views of industry, businesses,
communities and relevant interest groups and ensure the advice promotes
the object of the Act.
Clause 7 Advisory committees
Enables the Secretary to establish advisory committees to advise him or
her in relation to the performance and exercise of his or her
responsibilities, functions and powers under this Act.
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Clause 8 Fees and charges
Enables the Secretary with the approval of the Minister to impose a fee,
levy or charge in respect of any goods or services provided in relation to
the operation of this Act. For example, for activities such as attendance at
the State Training Awards function, the annual skills conference,
workshops and VET professional development delivered by Skills Tasmania
staff.
Clause 9 Delegation by Secretary
Gives the Secretary the power to delegate his or her powers and
responsibilities.
Clause 10 Listable group training organisations
Enables the Secretary to set the number of apprentices and trainees a
group training organisation can employ before becoming a listed group
training organisation. Requires the Secretary to publish in a manner
he/she considers appropriate the maximum allowable number of
apprentices and trainees that a group training organisation may train and
still remain an unlisted group training organisation.
Clause 11 Requirement for registration of certain group training organisations
Makes it an offence for a group training organisation to enter into a
training contract that would take it over the maximum number of
contracts set by clause 10 unless it is a listed group training organisation.
Clause 12 Application to be registered as listed group training organisation
Enables group training organisations to apply to the Secretary to become a
listed group training organisation and requires them to apply on an
approved form and accompanied by any application fee set by regulations.
Enables the Secretary to seek such information and documents as the
Secretary considers relevant to assess the application.
Clause 13 Registration as listed group training organisation
Establishes the conditions for approval of an application by a group
training organisation to become listed, including issuance of a certificate
of registration and period of registration (five years). In the event an
application is refused, requires the Secretary to provide written advice to
the applicant including reasons for the decision.
Clause 14 Listed group training organisation to comply with standards, &c
Requires group training organisations to comply with national standards
and Tasmanian Operational Requirements. Makes it an offence to not
comply.
Clause 15 Cancellation of registration as listed group training organisation
Establishes the conditions under which registration as a listed group
training organisation may be cancelled.
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Clause 16 Register of Listed Group Training Organisations
Requires the Secretary to maintain a register of listed group training
organisations.
Clause 17 Tasmanian Traineeships and Apprenticeships Committee
Establishes the Tasmanian Traineeships and Apprenticeships Committee.
Clause 18 Objectives of TTAC
Establishes TTAC's objective, which is to ensure that Tasmania has
effective and accessible systems and procedures for training contracts and
vocational placements.
Clause 19 Functions of TTAC
Establishes the functions of TTAC in regard to overseeing the
administration of training contracts and vocational placements.
Clause 20 Powers of TTAC
Enables TTAC to develop and issue policies and guidelines in regard to
training contracts and vocational placements.
Clause 21 TTAC guidelines
Enables TTAC to issue guidelines in regard to training contracts and their
administration, and operational requirements for group training
organisations.
Clause 22 Directions by Minister
Enables the Minister to direct TTAC in relation to its performance and
exercise of its functions and powers. Precludes the Minister directing
TTAC in relation to an individual training contract or vocational placement
agreement.
Clause 23 Delegation by TTAC
Enable TTAC to delegate its functions or powers to a member of TTAC or
to a staff member in the Department of Education.
Clause 24 Minister may enter into agreements with certain registered training
organisations, &c, for purchase of vocational education and training
Enables the Minister to enter into contracts with private registered
training organisations to purchase vocational education and training, and
to delegate that power to the Secretary. Enables the Secretary to sub
delegate to a staff member in the Department of Education.
Clause 25 Secretary may enter into arrangements with certain registered training
organisations, &c, for provision of vocational education and training
Enables the Secretary to enter into arrangements with public registered
training organisations to provide vocational education and training.
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Clause 26 Payment of funds from Commonwealth
Requires the Minister to ensure that Commonwealth financial assistance
paid to Tasmania for vocational education and training, skills and
workforce development is used for that purpose.
Clause 27 Award of scholarships, bursaries and prizes
Enables the Minister to award a scholarship, bursary or prize.
Clause 28 Collection of records, statistics and information
Enables the Secretary to require a registered training organisation which is
in receipt of funding under sections 24 and 25 to collect and keep records,
statistics and information in relation to vocational education and training
and provide those to the Secretary.
Enables the Secretary to provide information to relevant Commonwealth
and State government agencies to meet Tasmania's obligations regarding
the administration of unique student identifiers. From 2014, all working
aged Australians will be eligible for a government subsidised training place
for their first Certificate III qualification. And this guarantee also covers
lower qualifications leading to the Certificate III.
A unique student identifier is being implemented nationally in order to
track people's entitlement to government subsidised training. This will
require relevant personal information to be shared between government
agencies.
PART 3 TRAINING CONTRACTS AND VOCATIONAL PLACEMENT AGREEMENTS
Clause 29 Offence to train person without training contract
Prohibits an employer from training a person as if that person were a
trainee or apprentice without a training contract.
Similar provision in current Vocational Education and Training Act.
Clause 30 Employer may enter into training contract
Enables an employer to enter into a training contract with another person.
Requires an employer to forward the contract to TTAC within 28 days after
entering the contract. Makes it an offence not to forward the contract
within the specified time.
Similar provision in current Vocational Education and Training Act.
Clause 31 Limits on entering into training contract
Prohibits an employer from entering into a training contract for a
qualification that the Secretary has determined may not be entered into in
regard to a training contract, or where entering into such a contract would
contravene any conditions set out in TTAC guidelines in relation to that
qualification.
Enables the Secretary to determine that training contracts may not be
entered into in relation to a particular qualification.
Similar provision in current Vocational Education and Training Act.
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Clause 32 Approval of training contract
Establishes the conditions for approval of a training contract by TTAC and
the conditions which apply in the event a training contract is refused.
Requires TTAC to provide written advice to the parties to a training
contract as to whether it has approved or refused to approve the contract
and any amendments or conditions.
Similar provision in current Vocational Education and Training Act.
Clause 33 Transfer of training contract
With the approval of TTAC, enables the transfer of a training contract from
one employer to another.
Requires an employer, who is party to a training contract and who sells or
otherwise disposes of the business or a part of the business, to advise
TTAC within 14 days. Sets out the information the employer must provide
to TTAC.
Sets out the requirements in regard to transfer of a training contract
where the employer is a partnership and a partner dies, resigns or is
removed from office.
Similar provision in current Vocational Education and Training Act.
Clause 34 Compliance with training contract
Requires parties to a training contract to comply with its terms. Makes it
an offence not to comply with the terms of a contract.
Similar provision in current Vocational Education and Training Act.
Clause 35 Amendment of training contract
Enables a training contract to be amended by the agreement of the parties
with TTAC's approval. Also enables TTAC to amend a training contract if it
is satisfied that is desirable to do so and in this circumstance requires
TTAC to advise each party to a training contract of its intention to
amendment the contract.
Similar provision in current Vocational Education and Training Act.
Clause 36 Suspension of training contract
Enables a training contract to be suspended by the agreement of the
parties with TTAC's approval. Also enables TTAC to suspend a training
contract if it is satisfied that is desirable to do so and in this circumstance
requires TTAC to advise each party to a training contract of its intention to
suspend the contract.
Similar provision in current Vocational Education and Training Act.
Clause 37 Completion of training contract
Establishes when a training contract is completed to allow for the issuing
of a qualification.
New provision to clarify when contract is completed.
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Clause 38 Cancellation of training contract
Enables a training contract to be cancelled by the agreement of the parties
with TTAC's approval. Also enables TTAC to cancel a training contract if it
is satisfied that it is desirable to do so and in this circumstance requires
TTAC to advise each party to a training contract of its intention to cancel
the contract.
Similar provision in current Vocational Education and Training Act.
Clause 39 Training subject to conditions
Enables TTAC to determine conditions in relation to a training contract.
Requires an employer and the trainee or apprentice to comply with any
conditions set by TTAC.
Similar provision in current Vocational Education and Training Act.
Clause 40 Directions by TTAC
Enables TTAC to direct a party to a training contract to do or not do
something if TTAC believes the party has contravened the contract, this
Act, or it is appropriate to so direct. Requires TTAC to provide such a
direction in writing.
Similar provision in current Vocational Education and Training Act.
Clause 41 Training Contracts Register
Requires the Secretary to maintain a register of training contracts and the
information to be included in the register.
Clause 42 Vocational placement agreement
Describes a vocational placement agreement and the provisions to be
included in such an agreement.
Similar provision in current Vocational Education and Training Act.
Clause 43 Vocational placement of no effect unless under vocational placement
agreement
Prohibits an employer from providing a vocational placement without
having entered into a vocational placement agreement and without the
approval of any relevant registered employee organisation.
Similar provision in current Vocational Education and Training Act.
Clause 44 Offence to contravene vocational placement agreement
Makes it an offence for a party to a vocational placement agreement to
contravene the agreement.
Similar provision in current Vocational Education and Training Act.
Clause 45 Workers compensation
Requires an employer to provide workers compensation in relation to a
person undertaking a paid vocational placement.
Similar provision in current Vocational Education and Training Act.
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Clause 46 Indemnity insurance
Requires a registered training organisation to obtain indemnity insurance
to cover itself in the event that a person undertaking an unpaid vocational
placement is injured, the employer's property is lost or damaged, and to
cover the person undertaking the vocational placement against
proceedings for damages for injury to a person, or loss or damage to
property.
Sets the maximum amount payable in respect of a claim or action.
Similar provision in current Vocational Education and Training Act.
Clause 47 Directions by TTAC
Enables TTAC to direct a party to a vocational placement to do or not do
something if TTAC believes the party has contravened the vocational
placement agreement, this Act, or it is appropriate to so direct. Requires
TTAC to provide such a direction in writing.
Makes it an offence for a party to the vocational placement not to comply
with such a direction.
Similar provision in current Vocational Education and Training Act.
Clause 48 Employers who are not fit and proper persons for purposes of training
contracts or vocational placement agreements
Enables TTAC to ensure that an employer or a host employer is a fit and
proper person to enter into a training contract or a vocational placement
agreement, and sets out the matters TTAC may take into account in
reaching a decision.
In the event that TTAC finds an employer or host employer is not a fit and
proper person, requires TTAC to notify that employer or host employer in
writing including advising that the employer is not entitled to enter into a
training contract or vocational placement agreement.
Enables TTAC to notify an equivalent body in another state or territory of
that determination.
Similar provision in current Vocational Education and Training Act.
Clause 49 Offence to enter into training contract or vocational placement
agreement
Makes it an offence for an employer who has been prohibited from
entering into a training contract or vocational placement agreement
entering into such a contract or agreement.
Similar provision in current Vocational Education and Training Act.
Clause 50 Offence for host employer to enter into agreement with group training
organisation
Makes it an offence for a host employer who has been prohibited from
entering into an agreement with a group training organisation to train
trainees or apprentices from entering into such an agreement.
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Clause 51 Revocation of notice that employer or host employer not fit and proper
person for purposes of training contract or vocational placement
agreement
On the application of an employer or host employer, enables TTAC to
revoke a notice that the employer or host employer is not a fit and proper
person to enter into a training contract or vocational placement
agreement.
Prohibits an employer or host employer from making such application
within 12 months of a determination being made.
On determining to revoke a notice, requires TTAC to notify the employer
and any body that was notified of the original decision that the employer
or host employer was not a fit and proper person.
In the event TTAC determines not to revoke a notice, requires TTAC to
notify the applicant in writing.
Similar provision in current Vocational Education and Training Act.
PART 4 DISPUTES, INQUIRIES AND INSPECTIONS
Clause 52 Disputes relating to training contracts and vocational placement
agreements
Enables a party to a training contract or vocational placement to apply to
the TTAC to hear and determine a dispute in relation to that contract or
placement.
Establishes requirements in regard to the form of the application and any
notice of a hearing or conference.
Makes it an offence for a person who has been notified of a requirement
to attending hearing not to attend.
Establishes TTAC determinative powers after hearing a dispute.
Similar provision in current Vocational Education and Training Act.
Clause 53 Inquiries
Enables a person to apply to the Secretary to carry out an inquiry into the
process followed by TTAC in making a decision in relation to a training
contract or vocational placement.
Establishes requirements in regard to the form of the application and the
time limits for an inquiry to be undertaken.
Empowers the Secretary under the Commissions of Inquiry Act 1995.
Establishes the Secretary's determinative powers after carrying out an
inquiry.
Similar provision in current Vocational Education and Training Act.
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Clause 54 Inspections
Enables the Secretary to authorise a departmental staff member to
require a person to produce records or documents or to answer questions
relating to a training contract or vocational placement. Enables an
authorised staff member to seize such documents.
Makes it an offence to obstruct, delay or threaten an authorised person.
Similar provision in current Vocational Education and Training Act.
Clause 55 Search warrants
Enables an authorised person under clause 54 to apply to a justice or
magistrate for a search warrant if he or she believes the Act may have
been contravened.
Establishes the grounds on which a warrant may be issued, and the
requirements in regard to a notice about the warrant.
Similar provision in current Vocational Education and Training Act.
PART 5 TasTAFE
Clause 56 Establishment of TasTAFE
Establishes TasTAFE as a government entity.
Provides for TasTAFE to use and operate under a trading name approved
by the Minister.
Clause 57 Functions of TasTAFE
Establishes the functions of TasTAFE.
TasTAFE will be focussed on both the productivity/work readiness agenda
and the participation/attainment agenda. It will provide education and
training to employed people for the purposes of workforce skills
development. It will work with industry associations to develop models
for workforce skills development and with employers in relation to the
development of the skills of their employees. It will also provide
education and training to individuals to enable them to acquire skills and
qualifications. It will collaborate with other education providers to
support people as they move through the education and training system
and into the workforce.
TasTAFE will be required to advise the Minister on developments in regard
to the provision of vocational education and training.
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Clause 58 Powers of TasTAFE
Enables TasTAFE to provide education and training to persons who are
employed and not employed.
Gives TasTAFE the power to undertake commercial activities and research,
hire and lease property, buy and sell property (with the approval of the
Minister), enter into contracts and to do other things necessary or
convenient in connection with its functions and powers. With the
approval of the Minister and Treasurer, it also gives TasTAFE the power to
form companies, participate in trusts and arrangements related to the
sharing of profits.
Clause 59 TasTAFE to have regard to object of Act
Requires TasTAFE to have regard to object of the Act in performing its
functions and exercising its powers.
Clause 60 Board of Directors of TasTAFE
Establishes a sevenmember board of directors, who together have the
necessary skills and knowledge to ensure TasTAFE fulfils its
responsibilities.
Clause 61 Responsibilities and powers of TasTAFE Board
Makes the Board accountable for the performance of TasTAFE's functions
and the ac
Clause 62 Delegation by TasTAFE Board
Gives the Board the power to delegate its powers and responsibilities.
Clause 63 Acting TasTAFE directors
Enables the Minister to appoint a person to act as a director.
Clause 64 Offences as TasTAFE director
Defines the expected behaviour of directors and the penalties for
behaving improperly.
Clause 65 Repayment of improper profit
Enables recovery of improper profit, loss and damages resulting from the
inappropriate behaviour of a director.
Clause 66 TasTAFE chief executive officer
The chief executive officer is appointed in accordance with the State
Service Act and cannot be a director.
Clause 67 Responsibilities of chief executive officer
Details the chief executive officer's responsibilities.
Clause 68 Delegation by TasTAFE chief executive officer
Gives the chief executive officer the power to delegate his or her powers
and responsibilities other than the responsibility for the attainment of his
or her performance objectives.
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Clause 69 TasTAFE employees
Enables the appointment of state servants under the State Service Act.
Enables the appointment of sessional employees under the State Service
Act to deliver training sessions.
Clause 70 Audit and risk management committee
Establishes the audit and risk management committee to advise the Board
regarding its financial reporting and audit responsibilities.
Clause 71 Other committees
Gives the Board the power to establish any committee it requires in
relation to the functions and powers of TasTAFE.
Clause 72 Ministerial directions
Gives the Minister the power to direct the Board.
Clause 73 Policy expectations
Requires the Minister to provide annual policy expectations to TasTAFE
including in relation to commercial and noncommercial operations, and
consistent with the priorities set for the training and workforce
development system.
The Minister must consult with the Board when preparing or amending
the policy expectations.
Clause 74 Corporate plan
The Board must prepare a threeyear corporate plan for the Minister,
which identifies its objectives, policies, programs, strategies and financial
plans. The Minister must consult with the Treasurer before approving it.
The Board must act in accordance with the corporate plan.
Clause 75 Notification of developments
The Board must notify the Minister if it perceives a threat to the
achievement of its objectives, or to the ability of TasTAFE to continue
operating.
Clause 76 Authorised deposittaking institution accounts
Enables TasTAFE, with the Treasurer's approval, to open bank accounts.
Clause 77 Funds of TasTAFE
Defines the funds of TasTAFE (ie, money received by way of fees and
charges) and on what it can be expended.
Clause 78 Accounting records
Sets out the requirements for keeping appropriate accounting records.
Clause 79 TasTAFE financial statements
Sets out the process and content of TasTAFE's annual financial statements.
Clause 80 Report of AuditorGeneral
Requires the AuditorGeneral to provide copies of his or her report on the
financial statements to the Board, the Minister and the Treasurer.
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Clause 81 Treasurer's Instructions
Requires TasTAFE to comply with Treasurer's Instructions.
Clause 82 Effect of Financial Agreement Act 1994
Establishes TasTAFE's obligations under the Financial Agreement Act 1994.
Clause 83 Annual report
Requires the Board to prepare a financial year annual report and
prescribes the content.
Clause 84 Tabling of annual report
Prescribes the timing of the tabling of the annual report in Parliament.
Clause 85 Bylaws
Provides for the Board to make bylaws with respect to the functions and
powers of TasTAFE, the conduct and discipline of persons and the
operation of student organisations.
Clause 86 Fees, levies and charges
Provides for TasTAFE to set fees, levies and charges.
Students who are entitled under the Education Act to attend TasTAFE and
who turn 19 or less in the year they attend cannot be charged tuition fees.
TasTAFE is able to charge overseas students fees.
TasTAFE has the power to waive any fees, levies and charges.
Clause 87 TasTAFE student records
Requires TasTAFE to main accurate student records.
Gives TasTAFE the power to provide student records to the State Training
Authority (Department of Education) so as to allow the Authority to meet
Tasmania's obligations regarding administration of the unique student
identifier.
Clause 88 Transfer of Crown land
Standard clause to enable the transfer of Crown land to TasTAFE.
Clause 89 Transfer of property and liabilities
Standard clause to enable the transfer of property and liabilities to
TasTAFE.
PART 6 MISCELLANEOUS
Clause 90 Evidence
Establishes that production of the Training Contracts Register or a copy or
extract from it certified by the Secretary is evidence of the facts contained
in the Register.
Clause 91 False and misleading statements
Makes it an offence to provide a false or misleading statement or
document under this Act.
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Clause 92 Liability of director, &c, if offence by body corporate
Makes a director liable in the event a body corporate (TasTAFE) commits
and offence and it is proved the offence occurred with the consent or
connivance, or through neglect by that director.
Clause 93 Regulations
Standard clause to provide for the making of regulations as required for
the purposes of the Act.
Clause 94 Administration of Act
Allocates responsibility for the administration of the Act.
SCHEDULE 1 MEMBERSHIP AND MEETINGS OF TTAC
Clause 1 Interpretation
Provides meanings for terms used in this Schedule.
Clause 2 Term of office
Sets the term of office for TTAC members for a maximum three year
period.
Clause 3 Holding other office
Enables a person who holds other employment to be appointed to TTAC
and be remunerated.
Clause 4 State Service Act 2000
Clarifies that State Service Act does not apply to TTAC members.
Enables State Service employees to be appointed to TTAC.
Clause 5 Remuneration and conditions of appointment
Enables the Minister to set remuneration, allowances and conditions for
TTAC members.
Excludes State Service employees from being remunerated as a TTAC
member except with the approval of the Minister administering the State
Service Act.
Clause 6 Vacation of office
Establishes the circumstances in which a TTAC member vacates office.
Establishes the circumstances in which the Minister may remove a TTAC
member from office
Clause 7 Filling of vacancies
In the event a position becomes vacant, enables the Minister to appoint a
person to complete the term of appointment.
Clause 8 Validation of proceedings, &c
Ensures that TTAC acts or proceedings are valid In the event of a vacancy
or a defect in the appointment of a member.
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Clause 9 Presumptions
Provides for presumption that in any legal proceeding against TTAC, TTAC
is taken to have been lawfully constituted unless this is contested with
evidence.
Clause 10 Convening of meetings
Details how meetings are to be convened.
Clause 11 Presiding at meetings
Defines who can chair meetings.
Clause 12 Quorum and voting at meetings
Defines the quorum required for a TTAC meeting to be convened, and
describes the process for voting on an issue.
Clause 13 Conduct of meetings
Provides for TTAC to manage its own meetings and for flexibility in
participation using technology.
Clause 14 Resolutions without meetings
Provides for outofsession decisions by a majority of TTAC.
Clause 15 Minutes
TTAC must keep accurate minutes of meetings.
Clause 16 Disclosure of interests
As soon as it arises, members must declare a conflict of interest.
Describes the process TTAC must follow in considering an issue in which a
member has declared a conflict of interest.
Clause 17 General procedure
TTAC can regulate its own proceedings.
Clause 18 Presumptions
Provides for presumption that in any legal proceeding against TTAC, TTAC
is taken to have followed appropriate procedures unless this is contested
with evidence.
SCHEDULE 2 TasTAFE DIRECTORS AND MEETINGS OF TasTAFE BOARD
Clause 1 Interpretation
Provides meanings for terms used in this Schedule.
Clause 2 Term of office
Sets the term of office for Board members
Clause 3 Holding other office
Enables a person who holds other employment to be appointed to the
TasTAFE Board and be remunerated.
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Clause 4 State Service Act 2000
Clarifies that State Service Act does not apply to TasTAFE directors.
Enables State Service employees to be appointed to the TasTAFE Board.
Clause 5 Remuneration and conditions of appointment
Enables the Minister to set remuneration, allowances and conditions for
TasTAFE directors.
Excludes State Service employees from being remunerated as a TasTAFE
director member except with the approval of the Minister administering
the State Service Act.
Clause 6 Vacation of office
Establishes the circumstances in which a TasTAFE director member
vacates office.
Establishes the circumstances in which the Minister may remove a
TasTAFE director from office
Clause 7 Filling of vacancies
In the event a position becomes vacant, enables the Minister to appoint a
person to complete the term of appointment.
Clause 8 Validation of proceedings, &c
Ensures that TasTAFE Board acts or proceedings are valid In the event of a
vacancy or a defect in the appointment of a member.
Clause 9 Presumptions
Provides for presumption that in any legal proceeding against the
TasTAFE, the Board is taken to have been lawfully constituted unless this is
contested with evidence.
Clause 10 Frequency of meetings
Establishes the minimum number of meetings at six per year.
Clause 11 Convening of meetings
Details how meetings are to be convened.
Clause 12 Presiding at meetings
Defines who can chair meetings.
Clause 13 Quorum and voting at meetings
Defines the quorum required for a TasTAFE Board meeting to be
convened, and describes the process for voting on an issue.
Clause 14 Conduct of meetings
Provides for the TasTAFE Board to manage its own meetings and for
flexibility in participation using technology.
Clause 15 Resolutions without meetings
Provides for outofsession decisions by a majority of TasTAFE Board
directors.
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Clause 16 Minutes
The TasTAFE Board must keep accurate minutes of meetings.
Clause 17 Disclosure of interests
As soon as it arises, members must declare a conflict of interest.
Describes the process the TasTAFE Board must follow in considering an
issue in which a member has declared a conflict of interest.
Clause 18 General procedure
The TasTAFE Board can regulate its own proceedings.
Clause 19 Presumptions
Provides for presumption that in any legal proceeding against the TasTAFE
Board, the Board is taken to have followed appropriate procedures unless
this is contested with evidence.
SCHEDULE 3 MEMBERSHIP AND MEETINGS OF TasTAFE COMMITTEES
Clause 1 Interpretation
Provides meanings for terms used in this Schedule.
Clause 2 Term of office
Sets the term of office for TasTAFE committee members
Clause 3 Holding other office
Enables a person who holds other employment to be appointed to a
TasTAFE committee and be remunerated.
Clause 4 State Service Act 2000
Clarifies that State Service Act does not apply to TasTAFE committee
members.
Enables State Service employees to be appointed to TasTAFE committees.
Clause 5 Remuneration and conditions of appointment
Enables the Minister to set remuneration, allowances and conditions for
TasTAFE committee members.
Excludes State Service employees from being remunerated as a TasTAFE
committee member except with the approval of the Minister
administering the State Service Act.
Clause 6 Vacation of office
Establishes the circumstances in which a TasTAFE committee member
vacates office.
Establishes the circumstances in which the TasTAFE Board may remove a
committee member from office
Clause 7 Filling of vacancies
In the event a position becomes vacant, enables the TasTAFE Board to
appoint a person to complete the term of appointment.
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Clause 8 Validation of proceedings, &c
Ensures that TasTAFE committee acts or proceedings are valid In the event
of a vacancy or a defect in the appointment of a member.
Clause 9 Presumptions
Provides for presumption that in any legal proceeding against a
committee, the committee is taken to have been lawfully constituted
unless this is contested with evidence.
Clause 10 Convening of meetings
Details how meetings are to be convened.
Clause 11 Presiding at meetings
Defines who can chair meetings.
Clause 12 Quorum and voting at meetings
Defines the quorum required for a committee meeting to be convened,
and describes the process for voting on an issue.
Clause 13 Conduct of meetings
Provides for a committee to manage its own meetings and for flexibility in
participation using technology.
Clause 14 Resolutions without meetings
Provides for outofsession decisions by a majority of committee
members.
Clause 15 Minutes
Committees must keep accurate minutes of meetings.
Clause 16 Disclosure of interests
As soon as it arises, members must declare a conflict of interest.
Describes the process a committee must follow in considering an issue in
which a member has declared a conflict of interest.
Clause 17 General procedure
A committee can regulate its own proceedings.
Clause 18 Presumptions
Provides for presumption that in any legal proceeding against a TasTAFE
committee, the committee is taken to have followed appropriate
procedures unless this is contested with evidence.
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