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Agricultural Colleges Amendment Bill 2002
AGRICULTURAL COLLEGES
AMENDMENT BILL 2002
EXPLANATORY NOTES
GENERAL OUTLINE
Objectives of the legislation
The primary objective of the legislation is to amend the Agricultural
Colleges Act 1994 to:
· improve the accountability of agricultural college boards,
particularly in regard to government funding;
· improve the functioning of agricultural college boards;
· update the current legislation to ensure consistency with other
relevant legislation and the national training framework; and
· enhance vocational education and training for the rural industry
sector and rural communities.
Reasons for the Bill
The Agricultural Colleges Act 1994 provides the legal framework for the
operation of the four agricultural colleges and the boards of trustees, which
are statutory bodies that govern the colleges.
Since 1994 there have been major changes to the training system
nationally which impact on the accountabilities and operation of
agricultural colleges as registered training organisations.
The Bill will clarify a number of existing provisions in relation to
accountability for government funds and tighten the operating and
reporting guidelines for boards. The Bill will also assist the college boards
in providing leadership and direction to the four colleges to enhance the
quality of training provided to young Queenslanders.
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Agricultural Colleges Amendment Bill 2002
Consistency with fundamental legislative principles
The provisions of the Agricultural Colleges Amendment Bill 2002 are
consistent with the fundamental legislative principles provided for under
the Legislative Standards Act 1992.
Estimated cost for government implementation
The proposed Bill amendments to the Agricultural Colleges Act 1994
will be cost neutral.
Consultation
A legislation reference group comprising representatives from the
agricultural colleges and the Department of Employment and Training was
formed to guide the development of the amendment Bill.
Extensive consultation was undertaken with key stakeholders. An issues
paper and a consultation paper were provided to stakeholders prior to
consultations and at consultation meetings. The stakeholders included
members of agricultural college boards, directors of the agricultural
colleges, staff of the agricultural colleges, TAFE Institute Directors,
various agency representatives including Education Queensland,
Queensland Treasury and the Department of the Premier and Cabinet,
unions, industry associations and interested individuals.
Following consultations a position paper, which finalised policy options
for the amendments, was prepared and formed the basis for the drafting
instructions for the Bill.
NOTES ON PROVISIONS
Clause 1 provides the short title for the Act.
Clause 2 states that this Act amends the Agricultural Colleges Act 1994.
Clause 3 inserts a definition for a new phrase "pastoral care" which
clarifies the responsibility of a college board to provide appropriate care
and support for all students of an agricultural college.
The clause also amends the definition for "State land" as the Land Act
1962 has been superseded by the Land Act 1994.
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Agricultural Colleges Amendment Bill 2002
Clause 4 replaces the existing section 4 (Declaration of agricultural
colleges) with a new section 4 to enable a college to expand the breadth of
training it delivers to the rural industry, rural related industries and
communities. The colleges will be enabled to deliver a broader range of
skills training, for example, training in natural resources and conservation
practices, while retaining a primary focus on agriculture.
The new section 4 will also enable the Minister to specify a name for a
college that reflects the locality the college serves, the college's main
training function, or the college's core business.
Clause 5 ensures the name of the college board is consistent with the
name of the college.
Clause 6 replaces the current section 7(3), which provides a list of
functions of an agricultural college board. The new list of functions
provides a strategic focus for an agricultural college board. The functions
enhance board accountability, provide consistency with the national
training agenda and clarify the responsibilities of a board in the key priority
areas of: pastoral care for students; access to training for Aboriginal and
Torres Strait Islander people; and school to work transitioning.
Clause 7 amends section 8, which deals with the powers of a college
board, by inserting two new sub-paragraphs into section 8(1). The new
paragraphs state that the powers of a board include: the provision of
residential accommodation for purposes associated with the college (rather
than the current hostel accommodation for students); and the appointment
of college directors under section 26 of the Act.
This clause deletes the existing section 8(2). Other than the power to
appoint the college director and provide residential accommodation now
incorporated in section 8(1), the other powers listed under the existing
section 8(2) are organisational functions rather than board powers and have
been omitted.
Section 8(3)(a), which provides that a college board must not alter a
building without the Minister's approval, is amended by deleting the
qualification "(other than in a minor way)" to remove ambiguity. Instead a
new section 8(3) will provide for the circumstances in which a college
board may alter college buildings.
Section 8(3)(d) is amended to require a board to obtain Ministerial
approval not just to sell land, but also to buy and lease land.
The current section 8(3) is renumbered as section 8(2).
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Agricultural Colleges Amendment Bill 2002
A new section 8(3) enables a college board greater flexibility in altering,
extending, building or buying a building. A board will have the power to
alter, extend, build or buy a building up to an amount fixed by the Minister
by Gazette notice. Fixing the amount by gazette notice provides for
enhanced public accountability.
Clause 8 amends section 10 by inserting a new subsection (2) requiring a
college board to report, in the college's annual report, all Ministerial
directions given to the board and the board's response to the directions.
Clause 9 inserts a new section 10A, which enables the Minister to
request a board to provide information and reports in the way and within
the timeframe the Minister requires (section 10A(1)). A college board is
required to comply with the request to the extent that it is able (section
10A(2)). If a board is not able to comply, it is required to provide the
Minister with the reasons that it is not able to comply (section 10A(3)).
New section 10A(4) requires a board to give the Minister a report on any
matter that the board becomes aware of that may significantly affect its
ability to achieve its objectives. The board is required to provide this report
as soon as practicable, but no later than one month after becoming aware of
the matter (section 10A(5)).
Clause 10 replaces section 13 with a new section that increases the
number of official members on an agricultural college board from three to
five. As the appointed member category has been reduced by two members
the overall size of the board is not altered.
The appointed member category "nominee of the chief executive of the
department responsible for the administration of the Forestry Act 1959" has
been replaced by a new official member category "nominee of the chief
executive of the department that deals with matters under the Stock Act
1915" as there are currently three chief executives who are responsible for
the administration of the Forestry Act 1959 and it is desirable to ensure that
these nominees to the agricultural college boards are nominated by the
chief executive with responsibility for primary industries matters.
New section 13(2)(e) will enable the student advisory council
established under the Act to nominate a member of the advisory council to
sit on the board. The nominee may be a current student or a person who
has graduated from the college in the past five years (section 13(3)(a)).
This provision will generally lead to enhanced youth representation on
college boards as this person is often likely to be under the age of 25.
The clause also inserts a new section 13(4) that allows for the
specification of the term of appointment of official members nominated by
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Agricultural Colleges Amendment Bill 2002
the chief executive, the chief executive of the department that deals with
matters under the Stock Act 1915, or college staff, and allows for the
withdrawal of the nomination of these official members. The amendment
is designed to ensure that these official members are accountable to their
nominating organisations.
Clause 11 amends section 14 to reduce the number of appointed
members from 9 to 7. It deletes the provision that provides for the college
staff nominee to be an appointed member as they are now official members.
Reference to the nominee of the department with responsibility for the
Forestry Act 1959 has been removed as these members will now be official
members appointed by the Department with responsibility for the Stock Act
1915.
The clause also amends the requirements for appointed members. While
retaining a focus on rural experience, appointed members can be drawn
from a wider spectrum of the area served by a college (section 14(5)).
Appointed members will also be required to have the range of skills and
experience that the Minister considers necessary to enable them to
contribute to the board's ability to perform its functions (section 14(6)).
Clause 12 amends section 15 so that the term of appointment for
appointed members is a term of not more than three years.
Clause 13 includes a technical amendment to reflect current drafting
practice and deletes reference to a casual vacancy as such vacancies will be
filled by members being appointed under section 15.
Clause 14 amends section 19(2), by removing the requirement for the
chairperson to be a member with experience in a rural industry and
replacing it with the requirement for the Minister to ensure the chairperson
has the skills and experience necessary to lead the college board in the
performance of its functions.
Clause 15 amends the definition of a quorum to reflect new provisions
on conflict of interest.
Clause 16 inserts two new sections. New section 22A provides the
members and the chairperson with clear guidelines in regard to voting at
meetings of the college board.
New section 22B deals with conflicts of interest. A member with a
material personal interest in an issue being considered by the board is
prohibited from voting on the issue, being present during consideration of
the issue or taking part in decisions about the issue unless the board has
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Agricultural Colleges Amendment Bill 2002
passed a resolution that the member's interest in the issue should not
disqualify the member. Section 22B(3) allows the disqualification of any
members from considering or voting on issues to be taking into account in
determining the number required for a quorum.
A maximum penalty of 100 penalty units applies to breaches of this
provision.
Clause 17 amends section 23 to enable a board to conduct meetings by
using any technology that reasonably allows members to hear and take part
in discussions as they happen.
Clause 18 inserts new Part 2A relating to the appointment of an
administrator.
New section 25A enables the Minister to appoint an administrator if
satisfied that a board has stopped functioning effectively. Examples of
circumstances where a board may cease to function effectively include:
· the inability to achieve a quorum on a regular basis;
· the resignation of a majority of board members;
· a continuing impasse in board decision making on major areas
critical to the operation of the college.
The Minister may also appoint an administrator if a board is acting in a
way that is prejudicial to the interests of its college (section 25A(1)(b)).
The administrator is to be appointed for the term, and on the conditions
declared by the Minister, and holds office until the term of the appointment
ends, an earlier day fixed by the Minister, or the administrator dies or
resigns.
New section 25B provides that college board members go out of office
on the appointment of an administrator. No compensation is payable to
members whose term is ended through the appointment of an administrator.
As a board member is only remunerated for attendance at board meetings
and special meetings, the appointment of an administrator will not
disadvantage a board member.
Any person who is aggrieved by the Minister's decision to appoint an
administrator may seek a remedy under the Judicial Review Act 1991.
New section 25C provides that the administrator of a college is the
college board for the purposes of the Act in appropriate circumstances.
New section 25D (1)(a) provides that the administrator is able to
exercise the powers and authorities of the board until the purpose of the
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Agricultural Colleges Amendment Bill 2002
administration is achieved and appropriate arrangements can be made for
the appointment of a new college board. Section 25D(1)(b) and (c)
provides for the reporting by the administrator to the Minister. The
Minister is to table the final report of the Administrator in the Legislative
Assembly within 28 days after receiving it.
New section 25E provides that on completion of the administration the
administrator is released from responsibility to account for the
administration of the college in the absence of fraud or dishonesty.
Clause 19 amends section 26 which provides for the appointment and
functions of the college director. It provides that the college director, rather
than the college board, appoints the college's staff.
Clause 20 inserts new Part 3A relating to the establishment of a student
advisory council at each agricultural college.
The student advisory council is established to enhance youth
representation in the agricultural colleges and support effective youth
representation on the agricultural college boards.
New Section 27A provides that the student advisory council consists of
not more than 8 members made up of no more than 5 students, 1 former
student and 2 staff members.
New Section 27B provides for eligibility to be members of the student
advisory council. Members of the college board, other than the nominee of
the student advisory council, are not eligible for appointment. (section
27B(2).
The student representatives on the student advisory council are selected
by the students of the college. The staff member representatives are to be
selected by the college staff and the college board is to decide the way that
a former student representative is selected.
The student advisory council is to advise the college board or the
director on matters referred to it by the board or the director, or on matters
about the college or students that it considers should be referred to the
board or director (section 27C).
Members of the student advisory council hold office until the end of the
calendar year unless they resign. Student and staff representatives also stop
holding office if they stop being a student or staff member (27D).
The chairperson of the council must be a student member (section 27E).
Clause 21 amends a reference to the repealed Land Act 1962.
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Agricultural Colleges Amendment Bill 2002
Clause 22 amends section 32(3) to remove the current ambiguity
surrounding the use of funds held in a college's general account. The
colleges will be able to pay for capital works to which funding has been
allocated as well as the college's operating costs from the general fund.
Clause 23 is a minor technical amendment to reflect current drafting
practice.
Clause 24 removes the word "college" from the heading of Part 5, as the
part will now relate to both college and operational rules.
Clause 25 provides a new title for the existing provisions of Part 5 that
relate to college rules. The college rules are at a strategic policy level and
made by the college board.
Clause 26 inserts a new division within Part 5, `Division 2 Operational
rules'.
New section 37A provides that the college director may make
operational rules for any purpose authorised by a college rule or that are
necessary or convenient for the day-to-day management of the college.
Operational rules that are inconsistent with a college rule are invalid to the
extent of the inconsistency.
The director is to publish operational rules in a manner that provides all
affected persons appropriate notice of the rule and its effect.
Clause 27 inserts new section 39A that allows the Minister to delegate
powers to the chief executive.
Clause 28 inserts new section 41 dealing with renumbering of the Act in
accordance with the Reprints Act 1992.
Clause 29 replaces the title of Part 7 and inserts a title for the current
provisions that relate to the transitional arrangements for the Act when
passed in 1994.
Clause 30 inserts a new Part 7, Division 2 relating to transitional
arrangements for the Agricultural Colleges Amendment Act 2002.
The clause provides transitional arrangements for the nominee of the
chief executive and the current student body nominee to continue in their
current capacities.
New section 49 maintains the status of the existing agricultural colleges.
New section 50 maintains the status of the appointment of members of
college boards who were the nominees of the chief executive or presidents
of the student body.
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Agricultural Colleges Amendment Bill 2002
New section 51 provides that persons who were appointed as members
by college staff or the chief executive of the department responsible for the
administration of the Forestry Act 1958 will become official members of
the relevant college board.
New section 52 provides that the terms of appointed members do not end
before the member's term would otherwise have ended.
© State of Queensland 2002