Does not include amendments by: (not commenced — to commence on 30.6.2011) Vocational Education and Training (Commonwealth Powers) Act 2010 No 131
(1) Without limiting any other functions conferred or imposed on it, the TAFE Commission may:
(a) establish and maintain TAFE establishments, and (b) provide courses of study at TAFE establishments and at other places, and (c) confer educational awards on students who have completed technical or further education courses (and determine the eligibility of students to receive those awards), and (d) provide student support services, including library, counselling, course information, student activities and child care services, and (e) make loans and grants to students of TAFE establishments, and (f) impose penalties (including pecuniary penalties) for breaches of discipline by students of TAFE establishments, and (g) enter into credit transfer arrangements with other education and training providers (including government agencies, higher education institutions and private agencies), and (h) impose fees and charges (and grant exemptions from payment of fees and charges), including fees and charges to be paid in respect of the following:
• entrance to a TAFE establishment, • tuition, • examinations, • the conferring of educational awards, • residence, • the provision of amenities and services, whether or not of an educational nature, and (i) enter into commercial arrangements for the provision of technical and further education services and for the payment of appropriate fees and charges for those services (including arrangements with employers for the provision of services to their employees), and (j) with the approval of the Minister, conduct any business which is related to technical and further education or which makes use of the facilities, staff or services of the TAFE Commission. (2) The exercise of the functions of the TAFE Commission under this section is subject to:
(a) in the case of the provision of accredited courses of study and the conferring of educational awards in connection with those courses—the provisions of the , and Vocational Education and Training Act 2005 (b) in any case—any requirements of the regulations.
(1) The TAFE Commission may delegate to an authorised person any of the functions of the TAFE Commission, other than this power of delegation.
(1) There shall be a TAFE Commission Board. (2) The TAFE Commission Board is to consist of the following 13 members:
(a) the Managing Director of the TAFE Commission, (b) a senior member of staff, or a senior public servant employed in the Department of Education and Training, for the time being nominated by the Minister, (c), (d) (e) a person for the time being nominated by the Minister for School Education and Youth Affairs, (f) 10 members appointed by the Minister.
(1) The Governor may appoint a Managing Director of the TAFE Commission.
(1) The appointment or failure to appoint a person to a vacant position in the TAFE Commission Division of the Government Service, or any matter, question or dispute relating to such an appointment or failure, is not an industrial matter for the purposes of the (except Part 7 of Chapter 2 of that Act). Industrial Relations Act 1996
(1) A member of staff is not to undertake any other paid work without the permission of the appropriate Division Head.
(1) This section applies to members of staff who are employed on a full-time basis.
(1) The appropriate Division Head may, from time to time, issue guidelines for the purposes of:
(a) dealing with allegations of misconduct against members of staff as a disciplinary matter, and (b) the taking of disciplinary action with respect to members of staff under this Part, including disciplinary action in relation to unsatisfactory performance, and (c) any other matter referred to in this Part. (2) The procedural guidelines must be consistent with the rules of procedural fairness.
(1) If an allegation is made to the appropriate Division Head that a member of staff may have engaged in any misconduct, the appropriate Division Head may do either or both of the following:
(a) deal with the allegation as a disciplinary matter in accordance with the procedural guidelines, (b) take remedial action with respect to the staff member.
(1) If an allegation that a member of staff has engaged in misconduct is being dealt with as a disciplinary matter in accordance with the procedural guidelines, the appropriate Division Head may suspend the staff member from duty until the allegation of misconduct has been dealt with.
(1) An allegation that a member of staff has engaged in misconduct may be dealt with under this Part, and disciplinary action may be taken with respect to the member of staff, even though the staff member has retired or resigned.
(1) A member of staff who is or becomes a prohibited person and who is employed in child-related employment at a TAFE establishment is, by operation of this section, dismissed from the Government Service. (2) The dismissal takes effect:
(a) if the person becomes a prohibited person after being appointed as a member of staff—when the person becomes such a prohibited person, or (b) if the person was a prohibited person immediately before the commencement of this section—on the commencement of this section, or (c) if the person became a prohibited person after the commencement of this section and before being appointed as a member of staff—when the appropriate Division Head becomes aware that the person is such a prohibited person.
(1) A member of staff who:
(a) is charged with a serious sex offence, the murder of a child or a child-related personal violence offence, or (b) who becomes a prohibited person, must immediately report that fact to the appropriate Division Head.
(1) This section applies to a person who is dismissed under section 22T and who subsequently ceases to be a prohibited person. Note— A person ceases to be a prohibited person in relation to an offence if an order is made under the that the relevant provisions of that Act do not apply in respect of the offence or if the relevant conviction is overturned on appeal. Commission for Children and Young People Act 1998 (2) If the person ceases to be a prohibited person because the conviction for the offence in respect of which the person is a prohibited person is overturned by a court on appeal, the person is entitled to be reinstated to, or re-employed in, a position in the TAFE Commission Division of the Government Service that is similar to the position that the person held when the person’s employment was terminated under section 22T.
(1) This section applies to a function exercised by the appropriate Division Head, or a person authorised by the appropriate Division Head, in connection with the termination of employment of a person, or the reinstatement or re-employment of a person, under this Part (a protected function ).(2) Without limiting the functions that are protected functions under this Part, a decision by the appropriate Division Head not to accept the resignation of a person or not to permit the retirement of a person is a protected function.
(1) The Minister may, for the purposes of this Act or jointly for those purposes and purposes of or associated with technical and further education or recreation, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the . Land Acquisition (Just Terms Compensation) Act 1991 (1A) For the purposes of the , any such acquisition of land is taken to be for an authorised work and the Minister is, in relation to that authorised work, taken to be the Constructing Authority. Public Works Act 1912 (1B) Sections 34, 35, 36 and 37 of the do not apply in respect of works constructed under this Act. Public Works Act 1912
(Section 11)
(Section 39)