education and training reform amendment (dual sector ...file/13-076a.docx · web viewpage....

Education and Training Reform Amendment (Dual Sector Universities) Act 2013

No. 76 of 2013

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purposes 12 Commencement 2

PART 2—AMENDMENTS TO THE EDUCATION AND TRAINING REFORM ACT 2006 3

3 Definitions 34 TAFE institutes and boards 35 New section 3.1.12D inserted 3

3.1.12D Borrowing and investment by TAFE institutes 36 Schedule 3—Employment of staff 47 Use of the term "TAFE" or "technical and further education" 48 Functions of the Adult, Community and Further Education

Board 49 Functions of Regional Councils 410 Minister's general powers 411 Delegation of Minister's powers 512 Definition of education or training provider in Part 5.3A 513 Authorised officers 514 Validation of work experience arrangements—student in

accredited senior secondary course 515 Insertion of new section 6.1.34 6

6.1.34 Transitional and savings provisions—the Education and Training Reform Amendment (Dual Sector Universities) Act 2013 6

16 Amendments to Schedule 3—Superannuation matters 817 Substitution of clause 9 of Schedule 6 9

9 TAFE teaching staff 918 Miscellaneous amendments 919 Statute law revision amendments 10

1

PART 3—AMENDMENTS TO OTHER ACTS 11

Division 1—Amendment to the Accident Compensation Act 1985 11

20 Students etc. deemed to be workers and their deemed employers 11

Division 2—Amendment to the Working with Children Act 2005 11

21 Definition of educational institution 11

Division 3—Amendment to the Sex Offenders Registration Act 2004 12

22 Definition of educational institution 12

Division 4—Amendments to the Corrections Act 1986 12

23 Definition of officer 1224 Definition of officer 13

Division 5—Amendment to the Serious Sex Offenders (Detention and Supervision) Act 2009 13

25 Duties of supervision officers 13

Division 6—Amendment to the Public Administration Act 2004 14

26 What are public entities? 14

Division 7—Amendments to the Education Legislation Amendment (Governance) Act 2012 14

27 Statute law revision amendments 14

Division 8—Amendments to the La Trobe University Act 2009 15

28 Statute law revision amendments 15

Division 9—Amendment to the Borrowing and Investment Powers Act 1987 15

29 New section 17AB inserted 1517AB Application of Act to TAFE institutes 15

Division 10—Amendment to the University of Ballarat Amendment (Federation University Australia) Act 2013 16

30 Repeal of section 11 16

PART 4—REPEAL OF AMENDING ACT 17

31 Repeal of amending Act 17═══════════════

ENDNOTES 18

Education and Training Reform Amendment (Dual Sector Universities)

Act 2013†

No. 76 of 2013

[Assented to 17 December 2013]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purposes

The main purposes of this Act are—

(a) to amend the Education and Training Reform Act 2006 to remove references to universities with TAFE divisions and to make related consequential amendments to that Act and to other Acts; and

Victoria

1

(b) to amend the Borrowing and Investment Powers Act 1987 so that TAFE institutes may be given borrowing and investment powers under that Act.

2 Commencement

(1) This Part and sections 5, 18, 19, 28, 29 and 30 come into operation on the day on which this Act receives the Royal Assent.

(2) Section 27(1) is taken to have come into operation on 4 December 2012.

(3) Section 27(2) is taken to have come into operation on 31 December 2012.

(4) The remaining provisions of this Act come into operation on 1 January 2014.

__________________

s. 2 Section Page

2

PART 2—AMENDMENTS TO THE EDUCATION AND TRAINING REFORM ACT 2006

3 DefinitionsSee:Act No.24/2006.Reprint No. 4as at17 January 2013and amendingAct Nos71/2010, 76/2011, 39/2012, 14/2013, 47/2013 and 50/2013.LawToday:www.legislation.vic.gov.aus. 3

In section 1.1.3(1) of the Education and Training Reform Act 2006—

(a) in the definition of further education omit "(other than in the TAFE division of a university)";

(b) in the definition of TAFE institute omit "and includes the TAFE division of a university with a TAFE division";

(c) the definition of university with a TAFE division is repealed;

(d) insert the following definition—

"dual sector university means the Federation University Australia, Royal Melbourne Institute of Technology, Swinburne University of Technology or Victoria University;".

4 TAFE institutes and boards

In section 3.1.11(1)(d) of the Education and Training Reform Act 2006, for "university with a TAFE division" substitute "dual sector university".

Part 4—Repeal of Amending Act


No. 76 of 2013

3

5 New section 3.1.12D inserted

After section 3.1.12C of the Education and Training Reform Act 2006 insert—

"3.1.12D Borrowing and investment by TAFE institutes

A TAFE institute has the powers conferred on it by the Borrowing and Investment Powers Act 1987.".

6 Schedule 3—Employment of staff

For section 3.1.25(1) of the Education and Training Reform Act 2006 substitute—

"(1) Schedule 3 applies to the employment of staff at a TAFE institute.

(1A) Clause 1 of Schedule 3 applies to the employment of staff at a dual sector university in the circumstances set out in that clause.".

7 Use of the term "TAFE" or "technical and further education"

In the example at the foot of section 3.1.26A(1) of the Education and Training Reform Act 2006 omit "(which includes the TAFE division of a university)".

8 Functions of the Adult, Community and Further Education Board

In section 3.3.3 of the Education and Training Reform Act 2006, after "TAFE institutes" insert "or universities".

9 Functions of Regional Councils

In section 3.3.18(1)(f) of the Education and Training Reform Act 2006, after "TAFE institutes" insert ", universities".

s. 6Part 4—Repeal of Amending Act


No. 76 of 2013

4

10 Minister's general powers

In section 5.2.1(3) of the Education and Training Reform Act 2006—

(a) for "A person" substitute "An institution, person";

(b) omit "and a University with a TAFE division";

(c) in paragraph (a), for "person, body or TAFE division" substitute "person or body".

11 Delegation of Minister's powers

In section 5.2.9A of the Education and Training Reform Act 2006, for "university with a TAFE division" (wherever occurring) substitute "dual sector university".

12 Definition of education or training provider in Part 5.3A

In section 5.3A.1 of the Education and Training Reform Act 2006 in the definition of education or training provider—

(a) for "education—" substitute "education;";

(b) omit "but does not include a university, except the TAFE division of a university;".

13 Authorised officers

In section 5.8.1(1)(b) of the Education and Training Reform Act 2006, for "University with a TAFE division" substitute "university".

14 Validation of work experience arrangements—student in accredited senior secondary course

At the foot of section 6.1.23(1) of the Education and Training Reform Act 2006 insert the following note—"Note



No. 76 of 2013

5

Before the commencement day the term university with a TAFE division meant the University of Ballarat, Royal Melbourne Institute of Technology, Swinburne University of Technology or Victoria University.".

15 Insertion of new section 6.1.34

After section 6.1.33 of the Education and Training Reform Act 2006 insert—

"6.1.34 Transitional and savings provisions—the Education and Training Reform Amendment (Dual Sector Universities) Act 2013

(1) Despite the amendments made to section 5.2.9A by section 11 of the amending Act, a delegation made under section 5.2.9A(1) to the members of the council of a university or a delegation made under section 5.2.9A(2) to a person employed on the staff of a university before the commencement of section 11 of the amending Act—

(a) continues to have the same force and effect; and

(b) is taken to have been made under section 5.2.9A as amended by section 11 of the amending Act.

(2) Section 3.1.25(3) continues to apply to an employee referred to in that section as if sections 1.1.3(1) and 3.1.25 had not been amended by the amending Act.Note



No. 76 of 2013

6

An employee referred to in section 3.1.25(3) has continuing employment entitlements under the Vocational Education and Training (College Employment) Act 1993.

(3) The amendments made to sections 1.1.3(1) and 3.1.25 and clause 1 of Schedule 3 by sections 3, 6 and 16 of the amending Act do not affect any entitlement of a person that existed under section 3.1.25 and clause 1 of Schedule 3 immediately before the commencement of sections 3, 6 and 16 of the amending Act.

(4) A person—

(a) who immediately before the commencement of section 16(4) of the amending Act was employed in a university with a TAFE division, including as an executive officer, by the council of that university; andNote

Before the commencement of section 16(4) of the amending Act the term university with a TAFE division meant the University of Ballarat, Royal Melbourne Institute of Technology, Swinburne University of Technology or Victoria University.

(b) to whom the terms and conditions of a superannuation fund or arrangement established by the State Superannuation Act 1988 continue to apply under section 21 of the Vocational Education and Training (College Employment) Act 1993 or clause 1 of Schedule 3—

is taken to be a contract officer as defined in section 3(1) of the Superannuation (Public Sector) Act 1992 for the purposes of section 12 of that Act—



No. 76 of 2013

7

(c) if the person was employed as an executive officer, while the person continues to be employed as an executive officer by the council of a dual sector university;

(d) if the person was not employed as an executive officer but after the commencement of section 16(4) of the amending Act the person is subsequently employed as an executive officer by the council of a dual sector university, while the person is so employed.

(5) For the purposes of subsections (2) and (4), the Vocational Education and Training (College Employment) Act 1993 is to be read as if a reference in section 20 or 21 of that 1993 Act to the Technical and Further Education Division of Royal Melbourne Institute of Technology, of Swinburne University of Technology or of Victoria University of Technology were a reference to a dual sector university.

(6) In this section, amending Act means the Education and Training Reform Amendment (Dual Sector Universities) Act 2013.".

16 Amendments to Schedule 3—Superannuation matters

(1) In clause 1(1) of Schedule 3 to the Education and Training Reform Act 2006, for "the TAFE division of one of those universities" substitute "a dual sector university".



No. 76 of 2013

8

(2) In clause 1(2) of Schedule 3 to the Education and Training Reform Act 2006, for "TAFE division of a university with a TAFE division" substitute "dual sector university".

(3) After clause 1(2) of Schedule 3 to the Education and Training Reform Act 2006 insert—

"(3) Subclause (1), insofar as it applies to a person employed in a university with a TAFE division, only applies to a person so employed immediately before the commencement of section 6 of the Education and Training Reform Amendment (Dual Sector Universities) Act 2013.Note

Before the commencement of this subclause, the term university with a TAFE division meant the University of Ballarat, Royal Melbourne Institute of Technology, Swinburne University of Technology or Victoria University.".

(4) For clause 4(b) of Schedule 3 to the Education and Training Reform Act 2006 substitute—

"(b) any reference to an employer were a reference to a TAFE institute.".

17 Substitution of clause 9 of Schedule 6

For clause 9 of Schedule 6 to the Education and Training Reform Act 2006 substitute—

"9 TAFE teaching staff

Declaring a position or class of positions on the staff of a TAFE institute to be part of the management staff of the TAFE institute.".



No. 76 of 2013

9

18 Miscellaneous amendments

(1) In section 4.1.1(1) of the Education and Training Reform Act 2006, in the definition of RTO standards, for "July" substitute "June".

(2) In Schedule 2 to the Education and Training Reform Act 2006—

(a) omit "3.1.8(1),";

(b) at the end of clause 14 insert—

"(2) This clause does not apply to the governing board of an adult education institution or to the board of a TAFE institute.".

19 Statute law revision amendments

(1) In section 3.3.33(1)(c) of the Education and Training Reform Act 2006, for "paragraphs (a) and (b);" substitute "paragraphs (a) and (b).".

(2) In section 4.9.4(1AA) of the Education and Training Reform Act 2006, for "it has" substitute "he or she has".

(3) In item 8.3 in Schedule 6 to the Education and Training Reform Act 2006, for "of experience" substitute "or experience".

__________________



No. 76 of 2013

10

PART 3—AMENDMENTS TO OTHER ACTS

Division 1—Amendment to the Accident Compensation Act 1985

20 Students etc. deemed to be workers and their deemed employers

See:Act No.10191.Reprint No. 19as at11 February 2013and amendingAct Nos76/2011, 9/2013, 30/2013, 43/2013 and 55/2013.LawToday:www.legislation.vic.gov.aus. 20

In section 5F(1)(ab)(i) of the Accident Compensation Act 1985 omit "or a university with a TAFE division".

Division 2—Amendment to the Working with Children Act 2005

21 Definition of educational institution

In section 3(1) of the Working with Children Act 2005, in the definition of educational institution, for paragraph (b)(ii) substitute—

See:Act No.57/2005.Reprint No. 3as at1 August 2011 and amendingAct Nos51/2010, 34/2011, 65/2011, 80/2011, 27/2012 and 61/2012.LawToday:www.legislation.vic.gov.au



No. 76 of 2013

11

"(ii) a dual sector university within the meaning of the Education and Training Reform Act 2006;".

Division 3—Amendment to the Sex Offenders Registration Act 2004

22 Definition of educational institutionSee:

Act No.56/2004.Reprint No. 4as at16 July 2012 and amendingAct Nos 82/2012 and 32/2013.LawToday:www.legislation.vic.gov.aus. 22

In section 67(1) of the Sex Offenders Registration Act 2004, in the definition of educational institution, for paragraph (b)(ii) substitute—

"(ii) a dual sector university within the meaning of the Education and Training Reform Act 2006;".

Division 4—Amendments to the Corrections Act 1986

23 Definition of officer



No. 76 of 2013

12

In section 14 of the Corrections Act 1986, in the definition of officer, for paragraph (d) substitute—

"(d) working in a prison or with prisoners and who is—

(i) an employee in the public service; or

(ii) an employee in the teaching service; or

(iii) a member of staff of a TAFE institute within the meaning of the Education and Training Reform Act 2006; or

(iv) a member of staff of a dual sector university within the meaning of the Education and Training Reform Act 2006; or".

24 Definition of officer

In section 85 of the Corrections Act 1986, in the definition of officer, for paragraph (d) substitute—

"(d) working at a location and who is—

(i) an employee in the public service; or

(ii) an employee in the teaching service; or

(iii) a member of staff of a TAFE institute within the meaning of the Education and Training Reform Act 2006; or

(iv) a member of staff of a dual sector university within the meaning of the Education and Training Reform Act 2006; or".

See:Act No.117/1986.Reprint No. 9as at18 March 2012 and amendingAct Nos 82/2012, 10/2013, 15/2013 and 26/2013.LawToday:www.legislation.vic.gov.au



No. 76 of 2013

13

Division 5—Amendment to the Serious Sex Offenders (Detention and Supervision) Act 2009

25 Duties of supervision officers

For section 136(5)(b) of the Serious Sex Offenders (Detention and Supervision) Act 2009 substitute—

"(b) an employee in the teaching service, a member of staff of a TAFE institute within the meaning of the Education and Training Reform Act 2006 or a member of staff of a dual sector university within the meaning of the Education and Training Reform Act 2006 who is working at a residential facility.".

Division 6—Amendment to the Public Administration Act 2004

26 What are public entities?See:Act No.108/2004.Reprint No. 4as at1 July 2013and amendingAct No.81/2012.LawToday:www.legislation.vic.gov.aus. 26

In section 5(1A)(a) of the Public Administration Act 2004 omit "(other than the TAFE division of a university)".

See:Act No.91/2009.Reprint No. 1as at27 June 2012and amendingAct Nos 65/2012 and 32/2013.LawToday:www.legislation.vic.gov.au



No. 76 of 2013

14

Division 7—Amendments to the Education Legislation Amendment (Governance) Act 2012

27 Statute law revision amendments

(1) In section 108(2)(a) of the Education Legislation Amendment (Governance) Act 2012 omit "section".

(2) In sections 48(1) and (2), 49(1) and (2), 50 and 51 of the Education Legislation Amendment (Governance) Act 2012, for "Schedule 1" substitute "the Schedule".

Division 8—Amendments to the La Trobe University Act 2009

28 Statute law revision amendmentsSee:Act No.75/2009and amendingAct Nos75/2009, 71/2010, 39/2012 and 73/2012.

See:Act No.73/2012.Statute Book:www.legislation.vic.gov.au



No. 76 of 2013

15

LawToday:www.legislation.vic.gov.aus. 28

(1) In section 15(2)(c) of the La Trobe University Act 2009, for "Schedule 1" substitute "the Schedule".

(2) In section 17 of the La Trobe University Act 2009, for "Schedule 1" substitute "The Schedule".

(3) In the note at the foot of section 63(1)(b) of the La Trobe University Act 2009, for "Schedule 1" substitute "the Schedule".

Division 9—Amendment to the Borrowing and Investment Powers Act 1987

29 New section 17AB inserted

After section 17A of the Borrowing and Investment Powers Act 1987 insert—

"17AB Application of Act to TAFE institutes

(1) The Governor in Council, by Order published in the Government Gazette, may declare that sections of this Act specified in the Order apply to a TAFE institute specified in the Order.

(2) In this section TAFE institute has the same meaning as it has in section 1.1.3(1) of the Education and Training Reform Act 2006.".

See:Act No.13/1987.Reprint No. 9as at7 August 2013 and amendingAct No.9/2013.LawToday:www.legislation.vic.gov.au



No. 76 of 2013

16

Division 10—Amendment to the University of Ballarat Amendment (Federation University Australia) Act 2013

30 Repeal of section 11See:Act No.50/2013.Statute Book:www.legislation.vic.gov.aus. 30

Section 11 of the University of Ballarat Amendment (Federation University Australia) Act 2013 is repealed.

__________________



No. 76 of 2013

17

PART 4—REPEAL OF AMENDING ACT

31 Repeal of amending Act

This Act is repealed on 1 January 2015.Note

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).

═══════════════



No. 76 of 2013

18

ENDNOTES

Endnotes


No. 76 of 2013

19

† Minister's second reading speech—

Legislative Assembly: 31 October 2013

Legislative Council: 28 November 2013

The long title for the Bill for this Act was "A Bill for an Act to amend the Education and Training Reform Act 2006 to remove references to universities with TAFE divisions and to make related consequential amendments to that Act and to other Acts and to amend the Borrowing and Investment Powers Act 1987 so that TAFE institutes may have borrowing and investment powers under that Act and for other purposes."

education and training reform amendment (dual sector ...file/13-076a.docx · web viewpage....

Documents