Northern Territory Consolidated Acts

BATCHELOR INSTITUTE OF INDIGENOUS TERTIARY EDUCATION ACT - SCHEDULE

Section 59

Subject to the appearance of a contrary intention, a reference to the Batchelor College in an Act, an instrument of a legal or administrative character or any other document is, on the commencement of this Act, to be taken to be and to have effect as if it were a reference to the Institute.

(1) On the commencement of this Act, the council of Batchelor College is the Council of the Institute and continues, subject to this Act, as the Council until the first meeting of the first Council.

(2) On the commencement of this Act -

(a) the members of the council of Batchelor College in office immediately before that commencement are the members of the Council and continue, subject to this Act, to hold office as members of the Council; and

(b) the chairman of the council of Batchelor College immediately before that commencement is the Chairperson of the Council and continues, subject to this Act, to hold office as the Chairperson of the Council,

until the first meeting of the first Council.

(3) On the commencement of this Act, the vice-chairman of the council of Batchelor College immediately before that commencement is the Deputy Chairperson of the Council and continues subject to this Act to hold office as the Deputy Chairperson until the election of the Deputy Chairperson at the first meeting of the first Council.

(4) The first meeting of the first Council is to be held not later than 31 December 1999.

(1) On the commencement of this Act -

(a) all real and personal property and all rights and interests in and management and control of that property that, immediately before that commencement, was vested in or belonged to Batchelor College, by virtue of this Act and without further assurance, vest in and belong to the Institute;

(b) all licences held by Batchelor College immediately before that commencement become, subject to any other Act (including any Act of the Commonwealth), licences held by the Institute;

(c) all money and liquidated and unliquidated claims that were, immediately before that commencement, payable to or recoverable by Batchelor College are money and liquidated and unliquidated claims payable to or recoverable by the Institute;

(d) all proceedings pending immediately before that commencement at the suit of Batchelor College are to be taken to be proceedings pending at the suit of the Institute;

(e) all proceedings pending immediately before that commencement against Batchelor College are to be taken to be proceedings pending against the Institute;

(f) all contracts, agreements, arrangements and undertakings (other than a contract of employment or a contract, agreement, arrangement or undertaking entered into with a student in respect of the provision of a program or course of study or instruction) entered into with Batchelor College and in force immediately before that commencement are to be taken to be contracts, agreements, arrangements and undertakings entered into with the Institute;

(g) all securities lawfully given to or by Batchelor College and in force immediately before that commencement are to be taken to be securities given to or by the Institute;

(h) the Institute may, without limiting the remedies or powers that are available to it, pursue the same remedies for the recovery of money and claims and the prosecution of offences as Batchelor College would, but for this Act, have had available to it;

(j) the Institute may enforce and realise any security or charge in favour of Batchelor College that existed immediately before that commencement and may exercise any powers conferred on Batchelor College by the security or charge as if the security or charge were a security or charge in favour of the Institute;

(k) all debts, money and claims (whether liquidated or unliquidated) that, immediately before that commencement, were due or payable by Batchelor College or recoverable against Batchelor College are due or payable by or recoverable against the Institute; and

(m) all liquidated and unliquidated claims for which Batchelor College would, but for this Act, have been liable are liquidated and unliquidated claims for which the Institute is liable.

(2) No attornment to the Institute is required by a lessee of Batchelor College.

(3) On the lodgement of this Act with the Registrar-General or any other officer controlling a register or other record of rights and interests in property, the Registrar-General or officer must, in respect of the property which was vested in Batchelor College or in which Batchelor College held an interest immediately before the commencement of this Act, make the entries in the relevant registers or records that are necessary to give effect to this clause.

(4) No duty, fee or other charge is payable by the Institute in relation to the transfer or vesting of property in the Institute by virtue of this Act.

(1) On the commencement of this Act, a person who immediately before the commencement of this Act was an employee within the meaning of the Public Sector Employment and Management Act (other than a casual employee) at Batchelor College and who -

(a) presents himself or herself for work at the Institute on the first working day after that commencement;

(b) is on leave on the first working day after that commencement but presents himself or herself for work at the Institute on the first day after the expiry of that leave; or

(c) has in the opinion of the Director (whose decision in the matter is final) a reasonable excuse for not presenting himself or herself for work in accordance with paragraph (a) or (b) but does so by a day determined by the Director,

is a member of the staff at the Institute unless and until (but not later than 12 months after that commencement) he or she decides to remain employed as an employee within the meaning of the Public Sector Employment and Management Act .

(2) A person who under subclause (1) is a member of the staff of the Institute -

(a) is entitled to be paid salary or wages, allowances and other benefits at rates equal to, and on the same terms and conditions as, those that were payable to him or her immediately before the commencement of this Act until his or her salary, wages, allowances or other benefits is or are varied or altered by an award of a competent tribunal or an industrial agreement or by any other lawful means or, subject to such an award or agreement or other lawful means, by a decision of the Council;

(b) continues to be employed on the same conditions as the conditions of his or her employment under the Public Sector Employment and Management Act or the Child Care Industry (Northern Territory) Award 1993 (as amended) immediately before the commencement of this Act (including any period of probation or any approval given under section 61 of that Act to engage in paid employment outside his or her employment at Batchelor College) until varied or altered by an award of a competent tribunal or an industrial agreement or by any other lawful means or, subject to such an award or agreement or other lawful means, by a decision of the Council;

(c) retains the position held by him or her at Batchelor College immediately before that commencement; and

(d) retains all his or her existing and accruing rights arising from his or her employment under the Public Sector Employment and Management Act or the Child Care Industry (Northern Territory) Award 1993 (as amended) as if he or she continued to be employed under that Act, and for that purpose the person's service under that Act is to be taken to be service with the Institute.

(3) If the contract of employment of a person who under subclause (1) is a member of the staff of the Institute is, as in force immediately before the commencement of this Act, expressed to expire on a specified or ascertainable date that occurs after that commencement, the person is to be taken to be a member of the staff of the Institute under a contract of employment that expires on the same date.

(4) All -

(a) rights and proceedings under Parts 7, 8 or 9 of the Public Sector Employment and Management Act or arising because of the Child Care Industry (Northern Territory) Award 1993 (as from time to time in force) of or in respect of a person who under subclause (1) is a member of the staff of the Institute that exist and are pending or have commenced immediately before the commencement of this Act;

(b) obligations, duties, liabilities or remedies under the Public Sector Employment or Management Act or arising because of the award in respect of those rights and proceedings; and

(c) orders, directions or decisions made in respect of those rights or proceedings under the Public Sector Employment and Management Act or because of the award,

continue unaffected and may be dealt with under the Public Sector Employment and Management Act or the award as if this Act had not commenced, and this Act and the By-laws apply to and in relation to those orders, directions or decisions with the necessary changes.

(5) Any suspension, instruction, direction or other action that -

(a) was taken or given under the Public Sector Employment and Management Act or because of the Child Care Industry (Northern Territory) Award 1993 (as from time to time in force) to or in relation to a person who under subclause (1) is a member of the staff of the Institute; and

(b) is in force immediately before the commencement of this Act,

continues to have effect as if this Act had not commenced, and this Act and the By-laws apply to and in relation to the suspension, instruction, direction or other action with the necessary changes.

(6) A person who under subclause (1) is a member of the staff of the Institute is not entitled to claim benefits under both this Act and the Public Sector Employment and Management Act in respect of the same period of service.

(1) Subject to the By-laws and rules, each person who is, immediately before the commencement of this Act, enrolled in a program or course as a student of Batchelor College is on that commencement a student of the Institute who is enrolled in the program or course offered by the Institute that is substantially the same in content as the course offered by Batchelor College.

(2) The Institute must, on the commencement of this Act, provide the educational programs or courses that are necessary to replace those offered by Batchelor College referred to in subclause (1).

(3) Subject to the By-laws and rules, if a student is enrolled by virtue of subclause (1) in a program or course offered by the Institute, the Institute must give the student credit for any subjects or work completed by the student when enrolled in the program or course offered by Batchelor College.

(4) If a person completes a program or course offered by Batchelor College before the commencement of this Act but on that commencement an award in respect of the program or course has not been conferred on him or her, the Institute may, after holding any examination or making any assessment that the Council considers necessary, confer the award on him or her.

(5) An award conferred under subclause (4) is to be under the seal of the Institute and signed by the person or persons the Council appoints for that purpose.

If, before the commencement of this Act, Batchelor College established or participated in the establishment of a body corporate (however described and whether in Australia or elsewhere) any of the shares or other beneficial interests in which are held by or on behalf of Batchelor College, those shares or other beneficial interests are, on that commencement, held by or on behalf of the Institute.

On the commencement of this Act, the by-laws, rules and resolutions made by the council of Batchelor College that -

(a) are in force immediately before the commencement of this Act; and

(b) are by-laws, rules or resolutions that the Council could make after that commencement,

are to be taken to be made and have effect for all purposes as having been made by the Council under this Act and the Council may vary, amend, repeal or otherwise deal with those by-laws, rules or resolutions as if they were By-laws, rules or resolutions made by the Council under this Act.

Subject to this Act, any act, matter or thing done or omitted to be done before the commencement of this Act by, to or in respect of Batchelor College is, to the extent that it would but for this Act have had force or effect or been in operation after that commencement, to be taken to have been done or omitted to be done by, to or in respect of the Institute.