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TASMANIA
__________
EDUCATION AND TRAINING (REPEALS AND
TRANSITIONAL PROVISIONS) BILL 2008
__________
CONTENTS
1. Short title
2. Commencement
3. Interpretation
4. Legislation repealed
5. Legislation rescinded
6. Legislation revoked
7. Regulations
8. Administration of Act
9. Transitional and savings provisions
Schedule 1 Transitional and Savings Provisions
Schedule 2 Legislation Repealed
Schedule 3 Legislation Rescinded
Schedule 4 Legislation Revoked
[Bill 60]-III
2
EDUCATION AND TRAINING (REPEALS AND
TRANSITIONAL PROVISIONS) BILL 2008
(Brought in by the Minister for Education and Skills, the
Honourable David John Bartlett)
A BILL FOR
An Act to repeal the TAFE Tasmania Act 1997, to provide
for matters of a savings and transitional nature consequent
on that repeal, on the establishment of the Tasmanian
Academy, the Tasmanian Polytechnic and the Tasmanian
Skills Institute and on the enactment of the Education and
Training (Miscellaneous and Consequential Amendments)
Act 2008 and the Education and Training (Further
Consequential Amendments) Act 2008 and for related
purposes
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Education and
Training (Repeals and Transitional Provisions)
Act 2008.
2. Commencement
This Act commences on 1 January 2009.
THIS BILL IS COGNATE WITH THE EDUCATION AND TRAINING (TASMANIAN
ACADEMY) BILL 2008, THE EDUCATION AND TRAINING (TASMANIAN POLYTECHNIC)
BILL 2008, THE EDUCATION AND TRAINING (TASMANIAN SKILLS INSTITUTE) BILL 2008,
THE EDUCATION AND TRAINING (MISCELLANEOUS AND CONSEQUENTIAL
AMENDMENTS) BILL 2008 AND THE EDUCATION AND TRAINING (FURTHER
CONSEQUENTIAL AMENDMENTS) BILL 2008
[Bill 60] 3
Education and Training (Repeals and Transitional Provisions)
Act 2008
Act No. of
s. 3
3. Interpretation
In this Act
"Academy" means the Tasmanian Academy
established under section 5 of the
Education and Training (Tasmanian
Academy) Act 2008;
"Polytechnic" means the Tasmanian
Polytechnic established under section 5
of the Education and Training
(Tasmanian Polytechnic) Act 2008;
"Skills Institute" means the Tasmanian Skills
Institute established under section 5 of
the Education and Training (Tasmanian
Skills Institute) Act 2008.
4. Legislation repealed
The legislation specified in Schedule 2 is
repealed.
5. Legislation rescinded
The legislation specified in Schedule 3 is
rescinded.
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Education and Training (Repeals and Transitional Provisions) Act
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s. 6
6. Legislation revoked
The legislation specified in Schedule 4 is
revoked.
7. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) Regulations may be made so as to apply
differently according to such factors as are
specified in the regulations.
(3) The regulations may authorise any matter to be
from time to time determined, applied or
regulated by
(a) the Secretary of the department
responsible for the administration of the
Education Act 1994; or
(b) the Academy or its chief executive
officer; or
(c) the Polytechnic or its chief executive
officer; or
(d) the Skills Institute or its chief executive
officer.
(4) The regulations may contain provisions of a
savings or transitional nature consequent on the
enactment of this Act, the Education and
Training (Tasmanian Academy) Act 2008, the
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Education and Training (Repeals and Transitional Provisions)
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Education and Training (Tasmanian
Polytechnic) Act 2008, the Education and
Training (Tasmanian Skills Institute) Act 2008,
the Education and Training (Miscellaneous and
Consequential Amendments) Act 2008 or the
Education and Training (Further Consequential
Amendments) Act 2008.
(5) A provision referred to in subsection (4) may
take effect on and from the day on which this
Act commences or a later day.
8. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990
(a) the administration of this Act is assigned
to the Minister for Education and Skills;
and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of
Education.
9. Transitional and savings provisions
Schedule 1 has effect.
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Education and Training (Repeals and Transitional Provisions) Act
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Act No. of
sch. 1
SCHEDULE 1 TRANSITIONAL AND SAVINGS
PROVISIONS
Section 9
PART 1 TRANSITIONAL PROVISIONS
CONSEQUENT ON REPEAL OF TAFE TASMANIA ACT
1997
1. Interpretation
In this Part
"Academy" means the Tasmanian Academy
established under section 5 of the
Academy Act;
"Academy Act" means the Education and
Training (Tasmanian Academy) Act
2008;
"audit committee" means the audit
committee established under section 33
of the TAFE Act as constituted
immediately before the repeal day;
"Polytechnic" means the Tasmanian
Polytechnic established under section 5
of the Polytechnic Act;
"Polytechnic Act" means the Education and
Training (Tasmanian Polytechnic) Act
2008;
"repeal day" means 1 January 2009;
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"Skills Institute" means the Tasmanian Skills
Institute established under section 5 of
the Skills Institute Act;
"Skills Institute Act" means the Education
and Training (Tasmanian Skills Institute)
Act 2008;
"TAFE Act" means the TAFE Tasmania Act
1997 as in force immediately before the
repeal day;
"TAFE Board" means the Board of directors
referred to in section 8 of the TAFE Act
as constituted immediately before the
repeal day;
"TAFE employee" means a person who,
immediately before the repeal day, was a
State Service employee or State Service
officer employed or appointed for the
purposes of the TAFE Act;
"TAFE Tasmania" means TAFE Tasmania
established under the TAFE Act;
"transfer notice" means a notice under
clause 4, 6, 17, 18, 23 or 24;
"transferred liability" means any liability or
obligation belonging to TAFE Tasmania
immediately before the repeal day, or
belonging to the Crown immediately
before the repeal day, and specified in a
notice under clause 6;
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"transferred property" means any property
or right vested in TAFE Tasmania
immediately before the repeal day, or
vested in the Crown immediately before
the repeal day, and specified in a notice
under clause 6.
2. Continuation of TAFE Board and audit committee
Despite the repeal of the TAFE Act by this Act,
the TAFE Board and the audit committee
continue until abolished under clause 3.
3. Abolition of TAFE Tasmania, TAFE Board and
TAFE committees
(1) TAFE Tasmania is abolished.
(2) The TAFE Board is abolished on the day
determined by the Minister by notice published
in the Gazette.
(3) The Minister is not to determine a day for the
abolition of the TAFE Board until satisfied that
the TAFE Board has fulfilled its obligations
under this Part.
(4) The appointment of each member of the TAFE
Board is revoked on the day the TAFE Board is
abolished.
(5) The audit committee is abolished on the day the
TAFE Board is abolished and the appointment of
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each member of the audit committee is revoked
on that day.
(6) All other committees established by the TAFE
Board under the TAFE Act are abolished on the
repeal day and the appointment of each member
of such a committee is revoked on that day.
(7) A member of the TAFE Board, the audit
committee or another committee established by
the TAFE Board is not entitled to receive any
benefit in respect of the termination of his or her
appointment as such a member.
4. TAFE employees
(1) The Minister, by notice published in the Gazette,
may
(a) specify that on and from the repeal day a
particular TAFE employee, or a TAFE
employee of a class of employees, is to
be taken to have been appointed under
the State Service Act 2000 for the
purposes of the Skills Institute Act, the
Polytechnic Act or the Academy Act; and
(b) provide for any matters that are
incidental to the continuation of
employment of an employee referred to
in paragraph (a).
(2) If it is specified in a notice under subclause (1)
that a particular TAFE employee, or a TAFE
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employee of a class of employees, is to be taken
to have been appointed under the State Service
Act 2000 for the purposes of the Skills Institute
Act, the Polytechnic Act or the Academy Act, on
and from the repeal day that TAFE employee is
taken to have been appointed under the State
Service Act 2000 for those purposes.
(3) Despite anything to the contrary in the State
Service Act 2000
(a) the publication of a notice under
subclause (1) that specifies that a
particular TAFE employee, or a TAFE
employee of a class of employees, is to
be taken to have been appointed under
the State Service Act 2000 for the
purposes of the Skills Institute Act, the
Polytechnic Act or the Academy Act; and
(b) the continuation, by reason of this
section, of the employment under the
State Service Act 2000 of that TAFE
employee for the purposes of the Skills
Institute Act, the Polytechnic Act or the
Academy Act
are taken to be one State Service action for the
purposes of section 50 of the State Service Act
2000.
(4) A notice under subclause (1)
(a) is not a statutory rule for the purposes of
the Rules Publication Act 1953; and
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(b) may be combined with any other transfer
notice.
(5) A person who
(a) was appointed under section 36(6) of the
TAFE Act as a sessional employee; and
(b) has been remunerated for that
employment in such a way as to
compensate him or her for the absence of
leave, allowances, penalties and other
similar entitlements
is not entitled to further remuneration or
compensation for those entitlements.
5. Authorised deposit-taking institution account
On or as soon as practicable after the repeal day,
the TAFE Board is to close all authorised
deposit-taking institution accounts that are
maintained in the name of TAFE Tasmania and
is to deal with the money from those accounts as
specified by the Minister by notice provided to
the TAFE Board.
6. Property
(1) The Minister, by notice published in the Gazette,
may
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(a) transfer any property or right vested in
TAFE Tasmania and any liability or
obligation, whether actual, prospective or
contingent, belonging to TAFE Tasmania
to the Skills Institute, the Polytechnic or
the Academy; and
(b) provide for any matters that are
incidental to the transfer of any such
property, right, liability or obligation.
(2) On the day specified in the notice under
subclause (1), being 1 January 2009 or a later
day
(a) transferred property vests in the Skills
Institute, the Polytechnic or the Academy
in accordance with the transfer specified
in the notice; and
(b) transferred liabilities become the
liabilities of the Skills Institute, the
Polytechnic or the Academy in
accordance with the transfer specified in
the notice.
(3) A notice under subclause (1)
(a) is not a statutory rule for the purposes of
the Rules Publication Act 1953; and
(b) may be combined with a notice under
clause 4(1).
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7. Contracts
If appropriate, a contract made by TAFE
Tasmania but not performed or discharged
before the repeal day is taken to have been made
by the Skills Institute, the Polytechnic or the
Academy.
8. Documents
(1) If appropriate
(a) a document issued or made by TAFE
Tasmania under the TAFE Act is taken to
have been issued or made by the Skills
Institute, the Polytechnic or the
Academy; and
(b) a document served on or by, or provided
to or by, TAFE Tasmania is taken to
have been served on or by, or provided to
or by, the Skills Institute, the Polytechnic
or the Academy.
(2) If appropriate, a reference in a document to
TAFE Tasmania is taken to be, or to include, a
reference to the Skills Institute, the Polytechnic
or the Academy.
9. Legal matters
(1) A legal proceeding that is instituted by or against
TAFE Tasmania and is pending immediately
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before the repeal day may be continued by or
against the Skills Institute, the Polytechnic or the
Academy, as appropriate.
(2) A legal proceeding that could have been
instituted by or against TAFE Tasmania to
enforce a right that had accrued, and was in
existence, immediately before the repeal day
may be instituted by or against the Skills
Institute, the Polytechnic or the Academy, as
appropriate.
(3) A judgment or order of a court obtained by or
against TAFE Tasmania before the repeal day
may be enforced by or against the Skills
Institute, the Polytechnic or the Academy, as
appropriate.
10. Financial statements of TAFE Tasmania
(1) As soon as practicable after the repeal day, the
TAFE Board is to
(a) prepare financial statements for TAFE
Tasmania relating to the period of 6
months ending on 31 December 2008;
and
(b) provide the Auditor-General with those
financial statements.
(2) The financial statements are to contain the
information and documents that are referred to in
section 25(2) of the TAFE Act.
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(3) The financial statements
(a) are to comply with any directions given
under subclause (4); and
(b) subject to any directions so given, are to
comply with the Australian Accounting
Standards.
(4) The Treasurer may give any written directions to
the TAFE Board with respect to the form of the
financial statements.
(5) The audit committee is to provide the TAFE
Board with such advice as the TAFE Board
requires for the purposes of fulfilling its
obligations under this clause.
11. Semi-annual report by TAFE Tasmania
(1) As soon as practicable after the repeal day, the
TAFE Board is to prepare and provide to the
Minister, the Skills Institute and the Polytechnic
a semi-annual report for TAFE Tasmania
relating to the period of 6 months ending on
31 December 2008.
(2) The semi-annual report is to contain the
information and documents referred to in section
28(2) of the TAFE Act.
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12. Tabling of semi-annual report
(1) The Minister is to lay a copy of the semi-annual
report of TAFE Tasmania provided under
clause 11 before each House of Parliament
within 10 sitting-days after receiving that report.
(2) If the Minister is unable to comply with
subclause (1) before the expiration of the period
specified in that subclause, the Minister is to lay
before each House of Parliament a statement
specifying
(a) the reasons for the failure to comply with
that subclause; and
(b) an estimate of the day by which a copy of
the semi-annual report may be ready to
be laid before each House of Parliament.
13. References to TAFE Act
If appropriate, a reference in an Act or document
to the TAFE Act or a provision of the TAFE Act
is taken to be, or to include, a reference to the
Skills Institute Act or the Polytechnic Act, or to
the corresponding provision of the Skills Institute
Act or the Polytechnic Act.
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PART 2 TRANSITIONAL PROVISIONS
CONSEQUENT ON ENACTMENT OF EDUCATION
AND TRAINING (TASMANIAN SKILLS INSTITUTE)
ACT 2008
14. Interpretation
(1) In this Part
"interim board" means a board consisting of
persons appointed
(a) in 2008; and
(b) to the interim board of the Skills
Institute; and
(c) by the Minister; and
(d) for the purposes of preparing for
the establishment of, and
establishing, the Skills Institute;
"interim chief executive officer" means the
person assigned, by the Premier by
memorandum dated 7 July 2008, to the
office of Chief Executive Officer, Skills
Institute in the State Service;
"Skills Institute" means the Tasmanian Skills
Institute established under section 5 of
the Skills Institute Act;
"Skills Institute Act" means the Education
and Training (Tasmanian Skills Institute)
Act 2008;
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"State school" means a school established
under section 18 of the Education Act
1994 and part of such a school;
"transfer day" means the day determined by
the Minister by notice published in the
Gazette as the day on which the premises
of a State school become a campus of the
Academy or the Polytechnic, or both;
"transfer notice" means a notice under
clause 4, 6, 17, 18, 23 or 24;
"transferred liability" means any liability or
obligation belonging to the Crown
immediately before the transfer day and
specified in a notice under clause 18(1);
"transferred property" means any property
or right vested in the Crown immediately
before the transfer day and specified in a
notice under clause 18(1);
"transferring employee" means a person
who, immediately before the transfer
day, was a State Service employee or
State Service officer appointed in relation
to a State school for the purposes of the
department responsible for the
administration of the Education Act
1994.
(2) In this Part, a reference to the Skills Institute is
taken to include a reference to that body by any
of its provisional names.
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(3) For the purpose of subclause (2)
"provisional name", of the Skills Institute,
means
(a) Training Tasmania; or
(b) the Training Enterprise.
15. Interim board
(1) A member of the interim board is taken to have
been appointed as a director of the Board of the
Skills Institute under section 8(1) of the Skills
Institute Act for the term and on the conditions,
including remuneration, specified in his or her
instrument of appointment to the interim board.
(2) The person appointed by the Minister in 2008 as
chairperson of the interim board is taken to have
been appointed as chairperson of the Board of
the Skills Institute under section 8(4) of the
Skills Institute Act for the term and on the
conditions, including remuneration, specified in
his or her instrument of appointment to the office
of chairperson of the interim board.
(3) Any act done by the interim board, its
chairperson or a member of that board for the
purposes of
(a) preparing for the establishment of, or
establishing, the Skills Institute; or
20
Education and Training (Repeals and Transitional Provisions) Act
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sch. 1
(b) bringing into operation, or giving full
effect to, this Act or the Skills Institute
Act
is not invalid by reason only of the fact that this
Act or the Skills Institute Act had not
commenced or been enacted and, if appropriate,
is taken to have been done by the Board of the
Skills Institute, its chairperson or a member of
that Board under this Act or the Skills Institute
Act.
16. Interim chief executive officer
The interim chief executive officer is taken to
have been appointed as the chief executive
officer of the Skills Institute under section 14 of
the Skills Institute Act for the term and on the
conditions, including remuneration, for which he
or she would have held the office of chief
executive officer of TAFE Tasmania if he or she
had not been assigned to the office of Chief
Executive Officer, Skills Institute and this Act
had not been enacted.
17. Transferring employees
(1) The Minister, by notice published in the Gazette,
may
(a) specify that on and after the transfer day
or a later day specified in the notice a
particular transferring employee, or a
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sch. 1
transferring employee of a class, is to be
taken to have been appointed under the
State Service Act 2000 for the purposes
of the Skills Institute Act; and
(b) provide for any matters that are
incidental to the transfer of employment
of transferring employees to the Skills
Institute.
(2) If it is specified in a notice under subclause (1)
that a particular transferring employee, or a
transferring employee of a class, is to be taken to
have been appointed under the State Service Act
2000 for the purposes of the Skills Institute Act,
that transferring employee is taken, on and after
the transfer day or the later day as specified in
the notice, to have been appointed under the
State Service Act 2000 for those purposes.
(3) Despite anything to the contrary in the State
Service Act 2000
(a) the publication of a notice under
subclause (1) that specifies that a
particular transferring employee, or a
transferring employee of a class, is to be
taken to have been appointed under the
State Service Act 2000 for the purposes
of the Skills Institute Act; and
(b) the continuation, by reason of this
section, of the employment under the
State Service Act 2000 of that
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transferring employee for the purposes of
the Skills Institute Act
are taken to be one State Service action for the
purposes of section 50 of the State Service Act
2000.
(4) A notice under subclause (1)
(a) is not a statutory rule for the purposes of
the Rules Publication Act 1953; and
(b) may be combined with any other transfer
notice.
18. Property
(1) The Minister, by notice published in the Gazette,
may
(a) transfer to the Skills Institute any
property or right vested in the Crown and
any liability or obligation, whether
actual, prospective or contingent,
belonging to the Crown; and
(b) provide for any matters that are
incidental to the transfer of any such
property, right, liability or obligation.
(2) On the day specified in the notice under
subclause (1), being 1 January 2009 or a later
day
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(a) property specified in that notice vests in
the Skills Institute in accordance with the
transfer specified in the notice; and
(b) liabilities specified in that notice become
the liabilities of the Skills Institute in
accordance with the transfer specified in
the notice.
(3) A notice under subclause (1)
(a) is not a statutory rule for the purposes of
the Rules Publication Act 1953; and
(b) may be combined with any other transfer
notice.
19. Legal matters
(1) On and after the day specified in a transfer
notice on which transferred property vests in, or
transferred liabilities become the liabilities of,
the Skills Institute, unless otherwise specified in
a transfer notice, a legal proceeding that
(a) had been instituted by or against the
Crown and was pending immediately
before that day; and
(b) relates to that transferred property or
transferred liability
may be continued by or against the Crown.
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Education and Training (Repeals and Transitional Provisions) Act
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(2) On and after the day specified in a transfer
notice on which transferred property vests in, or
transferred liabilities become the liabilities of,
the Skills Institute, a legal proceeding that
(a) had been instituted by or against the
Crown and was pending immediately
before that day; and
(b) relates to that transferred property or
transferred liability
may be continued by or against the Skills
Institute if a transfer notice specifies that that
legal proceeding is, or legal proceedings of a
class which includes that legal proceeding are, to
be continued by or against the Skills Institute.
(3) On and after the day specified in a transfer
notice on which transferred property vests in, or
transferred liabilities become the liabilities of,
the Skills Institute, unless otherwise specified in
a transfer notice, a legal proceeding that
(a) could have been instituted by or against
the Crown to enforce a right that had
accrued, and was in existence,
immediately before that day; and
(b) relates to that transferred property or
transferred liability
may be instituted by or against the Crown.
(4) On and after the day specified in a transfer
notice on which transferred property vests in, or
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transferred liabilities become the liabilities of,
the Skills Institute, a legal proceeding that
(a) could have been instituted by or against
the Crown to enforce a right that had
accrued, and was in existence,
immediately before that day; and
(b) relates to that transferred property or
transferred liability
may be instituted by or against the Skills
Institute if a transfer notice specifies that that
legal proceeding is, or legal proceedings of a
class which includes that legal proceeding are, to
be continued by or against the Skills Institute.
(5) On and after the day specified in a transfer
notice on which transferred property vests in, or
transferred liabilities become the liabilities of,
the Skills Institute, unless otherwise specified in
a transfer notice, a judgment or order of a court
obtained by or against the Crown before that day
in relation to that transferred property or
transferred liability may be enforced by or
against the Crown.
(6) On and after the day specified in a transfer
notice on which transferred property vests in, or
transferred liabilities become the liabilities of,
the Skills Institute, a judgment or order of a
court obtained by or against the Crown before
that day in relation to that transferred property or
transferred liability may be enforced by or
against the Skills Institute if a transfer notice
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specifies that that judgment or order is, or
judgments or orders of a court of a class which
includes that judgment or order are, to be
enforced by or against the Skills Institute.
PART 3 TRANSITIONAL PROVISIONS
CONSEQUENT ON ENACTMENT OF EDUCATION
AND TRAINING (TASMANIAN ACADEMY) ACT 2008
AND EDUCATION AND TRAINING (TASMANIAN
POLYTECHNIC) ACT 2008
20. Interpretation
In this Part
"Academy" means the Tasmanian Academy
established under section 5 of the
Academy Act;
"Academy Act" means the Education and
Training (Tasmanian Academy) Act
2008;
"Education Department" means the
department responsible for the
administration of the Education Act
1994;
"interim board (Academy)" means a board
consisting of persons appointed
(a) in 2008; and
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(b) to the interim board of the
Tasmanian Academy; and
(c) by the Minister; and
(d) for the purposes of preparing for
the establishment of, and
establishing, the Academy;
"interim board (Polytechnic)" means a
board consisting of persons appointed
(a) in 2008; and
(b) to the interim board of the
Tasmanian Polytechnic; and
(c) by the Minister; and
(d) for the purposes of preparing for
the establishment of, and
establishing, the Polytechnic;
"interim chief executive officer (Academy)"
means the person appointed, by
instrument, on 7 July 2008 to the office
of Chief Executive Officer, Tasmanian
Academy in the State Service;
"interim chief executive officer
(Polytechnic)" means the person
appointed, by instrument, on 7 July 2008
to the office of Chief Executive Officer,
Tasmanian Polytechnic in the State
Service;
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"Polytechnic" means the Tasmanian
Polytechnic established under section 5
of the Polytechnic Act;
"Polytechnic Act" means the Education and
Training (Tasmanian Polytechnic) Act
2008;
"premises" includes a part of premises;
"principal", in relation to a State school,
means the person who, immediately
before the transfer day on which the
premises of the State school become a
campus of the Academy or the
Polytechnic, was the principal, within the
meaning of the Education Act 1994, of
that State school;
"State school" means a school established
under section 18 of the Education Act
1994 and part of such a school;
"transfer day" means the day determined by
the Minister by notice published in the
Gazette as the day on which the premises
of a State school become a campus of the
Academy or the Polytechnic, or both;
"transfer notice" means a notice under
clause 4, 6, 17, 18, 23 or 24;
"transferred liability" means any liability or
obligation belonging to the Crown
immediately before the transfer day and
specified in a notice under clause 24(1);
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"transferred property" means any property
or right vested in the Crown immediately
before the transfer day and specified in a
notice under clause 24(1);
"transferring employee" means a person
who, immediately before the transfer
day, was a State Service employee or
State Service officer appointed for the
purposes of the Education Department in
relation to a State school.
21. Interim boards
(1) A member of the interim board (Academy) is
taken to have been appointed as a director of the
Board of the Academy under section 8(1) of the
Academy Act for the term and on the conditions,
including remuneration, specified in his or her
instrument of appointment to the interim board
(Academy).
(2) The person appointed as chairperson of the
interim board (Academy) by the Minister in
2008 is taken to have been appointed as
chairperson of the Board of the Academy under
section 8(4) of the Academy Act for the term and
on the conditions, including remuneration,
specified in his or her instrument of appointment
to the office of chairperson of the interim board
(Academy).
(3) A member of the interim board (Polytechnic) is
taken to have been appointed as a director of the
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Board of the Polytechnic under section 8(1) of
the Polytechnic Act for the term and on the
conditions, including remuneration, specified in
his or her instrument of appointment to the
interim board (Polytechnic).
(4) The person appointed as chairperson of the
interim board (Polytechnic) by the Minister in
2008 is taken to have been appointed as
chairperson of the Board of the Polytechnic
under section 8(4) of the Polytechnic Act for the
term and on the conditions, including
remuneration, specified in his or her instrument
of appointment to the office of chairperson of the
interim board (Polytechnic).
(5) Any act done by the interim board (Academy),
its chairperson or a member of that board, or the
interim board (Polytechnic), its chairperson or a
member of that board, for the purposes of
(a) preparing for the establishment of, or
establishing, the Academy or the
Polytechnic; or
(b) bringing into operation, or giving full
effect to, this Act, the Academy Act or
the Polytechnic Act
is not invalid by reason only of the fact that this
Act, the Academy Act or the Polytechnic Act had
not commenced or been enacted and, if
appropriate, is taken to have been done by the
Board of the Academy or the Board of the
Polytechnic or the chairperson, or a member, of
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such a Board under this Act, the Academy Act or
the Polytechnic Act.
22. Interim chief executive officers
(1) The interim chief executive officer (Academy) is
taken to have been appointed as the chief
executive officer of the Academy under the State
Service Act 2000, for the purposes of the
Academy Act, for the term and on the conditions,
including remuneration, specified in his or her
instrument of appointment to the office of Chief
Executive Officer, Tasmanian Academy in the
State Service.
(2) The interim chief executive officer (Polytechnic)
is taken to have been appointed as the chief
executive officer of the Polytechnic under the
State Service Act 2000, for the purposes of the
Polytechnic Act, for the term and on the
conditions, including remuneration, specified in
his or her instrument of appointment to the office
of Chief Executive Officer, Tasmanian
Polytechnic in the State Service.
23. Transferring employees
(1) The Minister, by notice published in the Gazette,
may
(a) specify that on and after the transfer day
or a later day specified in the notice a
particular transferring employee, or a
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transferring employee of a class of
employees, is to be taken to have been
appointed under the State Service Act
2000 for the purposes of the Academy
Act or the Polytechnic Act; and
(b) provide for any matters that are
incidental to the transfer of employment
of transferring employees to the
Academy or the Polytechnic.
(2) If it is specified in a notice under subclause (1)
that a particular transferring employee, or a
transferring employee of a class of employees, is
to be taken to have been appointed under the
State Service Act 2000 for the purposes of the
Academy Act or the Polytechnic Act, that
transferring employee is taken, on and after the
transfer day or a later day as specified in the
notice, to have been appointed under the State
Service Act 2000 for those purposes.
(3) Despite anything to the contrary in the State
Service Act 2000
(a) the publication of a notice under
subclause (1) that specifies that a
particular transferring employee, or a
transferring employee of a class of
employees, is to be taken to have been
appointed under the State Service Act
2000 for the purposes of the Academy
Act or the Polytechnic Act; and
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(b) the continuation, by reason of this
section, of the employment under the
State Service Act 2000 of that
transferring employee for the purposes of
the Academy Act or the Polytechnic Act
are taken to be one State Service action for the
purposes of section 50 of the State Service Act
2000.
(4) A notice under subclause (1)
(a) is not a statutory rule for the purposes of
the Rules Publication Act 1953; and
(b) may be combined with any other transfer
notice.
24. Property
(1) The Minister, by notice published in the Gazette,
may
(a) transfer any property or right vested in
the Crown and any liability or obligation,
whether actual, prospective or
contingent, belonging to the Crown to
the Academy or the Polytechnic; and
(b) provide for any matters that are
incidental to the transfer of any property,
right, liability or obligation.
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(2) On the day specified in a notice under
subclause (1), being the transfer day or a later
day
(a) transferred property specified in the
notice vests in the Academy or the
Polytechnic in accordance with the
transfer specified in the notice; and
(b) transferred liabilities specified in the
notice become the liabilities of the
Academy or the Polytechnic in
accordance with the transfer specified in
the notice.
(3) A notice under subclause (1)
(a) is not a statutory rule for the purposes of
the Rules Publication Act 1953; and
(b) may be combined with any other transfer
notice.
25. Contracts
If appropriate, on and after the transfer day on
which the premises of a State school become a
campus of the Academy or the Polytechnic, or
both, a contract made or entered into by or on
behalf of the Crown in relation to that State
school but not performed or discharged before
the transfer day is taken to have been made or
entered into by the Academy or the Polytechnic.
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26. Documents
(1) If appropriate, on and after the transfer day on
which the premises of a State school become a
campus of the Academy or the Polytechnic, or
both
(a) a document issued or made by or on
behalf of the Crown is taken to have been
issued or made by the Academy or the
Polytechnic; and
(b) a document served on, by or on behalf of,
or provided to, by or on behalf of, the
Crown is taken to have been served on or
by, or provided to or by, the Academy or
the Polytechnic.
(2) If appropriate, a reference in a document to a
State school, the Crown or the Education
Department is taken to be, or to include, a
reference to the Academy or the Polytechnic.
27. Legal matters
(1) On an after the transfer day on which the
premises of a State school become a campus of
the Academy or the Polytechnic, or both, a legal
proceeding that
(a) had been instituted by or against the
Crown and was pending immediately
before the transfer day; and
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(b) relates to transferred property or a
transferred liability
may be continued by or against the Crown.
(2) On and after the transfer day on which the
premises of a State school become a campus of
the Academy or the Polytechnic, or both, a legal
proceeding that
(a) could have been instituted by or against
the Crown to enforce a right that had
accrued, and was in existence,
immediately before the transfer day; and
(b) relates to transferred property or a
transferred liability
may be instituted by or against the Crown.
(3) On and after the transfer day on which the
premises of a State school become a campus of
the Academy or the Polytechnic, or both, a
judgment or order of a court obtained by or
against the Crown before the transfer day in
relation to transferred property or a transferred
liability may be enforced by or against the
Crown.
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SCHEDULE 2 LEGISLATION REPEALED
Section 4
TAFE Tasmania Act 1997 (No. 50 of 1997)
TAFE Tasmania Amendment Act 2007 (No. 56 of 2007)
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SCHEDULE 3 LEGISLATION RESCINDED
Section 5
TAFE Tasmania By-laws 1998 (No. 135 of 1998)
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SCHEDULE 4 LEGISLATION REVOKED
Section 6
TAFE Tasmania Order 2001 (No. 98 of 2001)
TAFE Tasmania Order (No. 2) 2001 (No. 99 of 2001)
40 Government Printer, Tasmania