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TASMANIA
__________
VOCATIONAL EDUCATION AND TRAINING
AMENDMENT (SKILLS TASMANIA) BILL 2007
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 VOCATIONAL EDUCATION AND TRAINING ACT 1994
AMENDED
3. Principal Act
4. Long title amended
5. Section 3 amended (Interpretation)
6. Section 5 substituted
5. State Training Plan
7. Part 2: Heading amended
8. Part 2, Division 1 substituted
Division 1 Establishment of Skills Tasmania
6. Skills Tasmania
7. Objective of Skills Tasmania
8. Functions of Skills Tasmania
9. Powers of Skills Tasmania
10. Delegation
10A. Ministerial directions and policies
10B. Independence of Skills Tasmania
Division 1A Board of Directors of Skills Tasmania
10C. Board of Directors
10D. Role of Board
[Bill 7]-X
10E. Powers of Board
10F. Duties of director
10G. Delegation
10H. Acting directors
Division 1B General manager and staff of Skills Tasmania
10I. General manager
10J. Role, functions and powers of general manager
10K. Staff
9. Section 11 amended (Payment of funds from Commonwealth)
10. Section 12 amended (Acceptance on behalf of Skills Tasmania)
11. Section 13 amended (Annual report)
12. Part 2, Division 3 inserted
Division 3 Committees
14. Committees
15. Functions and powers of committees
16. Delegation by committees
17. Committees subject to direction
13. Part 3 repealed
14. Section 35 amended (Limits on entering into training agreement)
15. Section 67 amended (Inquiries)
16. Section 69 amended (Inspections)
17. Section 70 amended (Search warrants)
18. Section 71 repealed
19. Section 77 amended (Records)
20. Section 78 amended (Scholarships, bursaries and prizes)
21. Section 83 amended (Regulations)
22. Section 85C inserted
85C. Savings and transitional provisions consequent on
Vocational Education and Training Amendment
(Skills Tasmania) Act 2007
23. Schedules 1 and 2 substituted
SCHEDULE 1 MEMBERSHIP AND MEETINGS OF
BOARD
SCHEDULE 2 MEMBERSHIP AND MEETINGS OF
COMMITTEES
24. Schedule 7 inserted
2
SCHEDULE 7 SAVINGS AND TRANSITIONAL
PROVISIONS CONSEQUENT ON
VOCATIONAL EDUCATION AND TRAINING
AMENDMENT (SKILLS TASMANIA) ACT 2007
PART 3 VOCATIONAL EDUCATION AND TRAINING ACT 1994
FURTHER AMENDED
25. Principal Act
26. Section 85D inserted
85D. Extension of certain appointments
PART 4 BUILDING AND CONSTRUCTION INDUSTRY TRAINING
FUND ACT 1990 AMENDED
27. Principal Act
28. Section 34 amended (Building and construction industry training
plans)
PART 5 EMPLOYMENT INCENTIVE ASSISTANCE ACT 1984
AMENDED
29. Principal Act
30. Section 3 amended (Interpretation)
PART 6 LONG SERVICE LEAVE ACT 1976 AMENDED
31. Principal Act
32. Section 5 amended (Nature of continuous employment)
3
4
VOCATIONAL EDUCATION AND TRAINING
AMENDMENT (SKILLS TASMANIA) BILL 2007
(Brought in by the Minister for Education, the Honourable
David John Bartlett)
A BILL FOR
An Act to amend the Vocational Education and Training
Act 1994 and to consequentially amend certain other Acts
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:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Vocational
Education and Training Amendment (Skills
Tasmania) Act 2007.
2. Commencement
(1) This Act commences on 1 July 2007, but if it
does not receive the Royal Assent by
1 July 2007 this Act, except as provided by this
section, commences on the day on which this
Act receives the Royal Assent.
(2) If this Act does not receive the Royal Assent by
1 July 2007, Part 3 is taken to have commenced
on 1 July 2007.
[Bill 7] 5
Vocational Education and Training Amendment (Skills
Tasmania) Act 2007
Act No. of
s. 3 Part 2 Vocational Education and Training Act 1994 Amended
PART 2 VOCATIONAL EDUCATION AND
TRAINING ACT 1994 AMENDED
3. Principal Act
In this Part, the Vocational Education and
Training Act 1994* is referred to as the Principal
Act.
4. Long title amended
The long title of the Principal Act is amended by
omitting "the provision of post-Year 10
education and training" and substituting
"vocational skills development".
5. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definition of "adult and
community education";
(b) by omitting the definitions of "ANTA"
and "ANTA Ministerial Council";
(c) by omitting "12 January 1995," from the
definition of "Australian Qualifications
*No. 88 of 1994
6
Vocational Education and Training Amendment (Skills Tasmania)
Act 2007
Act No. of
Part 2 Vocational Education and Training Act 1994 Amended s. 5
Framework" and substituting "1 January
1995,";
(d) by omitting "ANTA" from the definition
of "Australian Quality Training
Framework";
(e) by inserting the following definition after
the definition of "Australian Quality
Training Framework":
"Board" means the Board of Directors
of Skills Tasmania appointed
under section 10C;
(f) by inserting the following definition after
the definition of "corresponding law":
"director", in relation to the Board or
Skills Tasmania, means a
member of the Board;
(g) by inserting the following definition after
the definition of "employer":
"general manager" means the general
manager of Skills Tasmania
appointed under section 10I;
(h) by omitting the definition of "Learning
and Skills Authority";
(i) by inserting the following definition after
the definition of "local registered training
organisation":
7
Vocational Education and Training Amendment (Skills
Tasmania) Act 2007
Act No. of
s. 5 Part 2 Vocational Education and Training Act 1994 Amended
"Ministerial Council" means a
council which
(a) comprises a Minister of
each State and Territory
and of the
Commonwealth who has
responsibility for
vocational education and
training; and
(b) includes vocational
education and training in
its functions;
(j) by omitting "ANTA" from paragraph (a)
of the definition of "national course
accreditation standards";
(k) by omitting "ANTA" from paragraph (b)
of the definition of "national course
accreditation standards";
(l) by omitting "ANTA" from paragraph (a)
of the definition of "national training
register" and substituting "the
Commonwealth government";
(m) by omitting "ANTA" from paragraph (a)
of the definition of "national training
standards";
(n) by omitting "ANTA" from paragraph (b)
of the definition of "national training
standards";
8
Vocational Education and Training Amendment (Skills Tasmania)
Act 2007
Act No. of
Part 2 Vocational Education and Training Act 1994 Amended s. 5
(o) by omitting "established by ANTA's
members;" from paragraph (b) of the
definition of "nationally endorsed
training package" and substituting "of
the Ministerial Council;";
(p) by omitting the definition of "post-Year
10 education and training";
(q) by omitting "by ANTA;" from paragraph
(a) of the definition of "qualification"
and substituting "in the national training
register;";
(r) by omitting paragraph (c) from the
definition of "registered" and substituting
the following paragraph:
(c) the person or body given
responsibility for registering
persons and matters in that
register;
(s) by omitting the definition of "senior
secondary education" and substituting
the following definition:
"Skills Tasmania" means Skills
Tasmania established by
section 6;
(t) by omitting "ANTA" from paragraph (a)
of the definition of "standards for State
and Territory registering and course
accrediting bodies";
9
Vocational Education and Training Amendment (Skills
Tasmania) Act 2007
Act No. of
s. 6 Part 2 Vocational Education and Training Act 1994 Amended
(u) by omitting the definition of "Training
Agreements Committee" and substituting
the following definition:
"Training Agreements Committee"
means the Tasmanian Training
Agreements Committee
established under
section 14(1)(b);
6. Section 5 substituted
Section 5 of the Principal Act is repealed and the
following section is substituted:
5. State Training Plan
(1) Skills Tasmania is to submit to the
Minister a State Training Plan at least
once in each year.
(2) The Minister may require Skills
Tasmania to amend the State Training
Plan in accordance with the requirement
and submit the amended Plan to the
Minister.
7. Part 2: Heading amended
Part 2 of the Principal Act is amended by
omitting "TASMANIAN LEARNING AND
SKILLS AUTHORITY" from the heading to
10
Vocational Education and Training Amendment (Skills Tasmania)
Act 2007
Act No. of
Part 2 Vocational Education and Training Act 1994 Amended s. 8
that Part and substituting "SKILLS
TASMANIA".
8. Part 2, Division 1 substituted
Division 1 of Part 2 of the Principal Act is
repealed and the following Divisions are
substituted:
Division 1 Establishment of Skills Tasmania
6. Skills Tasmania
(1) Skills Tasmania is established.
(2) Skills Tasmania
(a) is a body corporate with perpetual
succession; and
(b) has a seal; and
(c) may sue and be sued in its
corporate name; and
(d) is an instrumentality of the
Crown.
(3) All courts and persons acting judicially
must take judicial notice of the imprint of
the seal on a document and presume that
it was duly sealed by Skills Tasmania.
11
Vocational Education and Training Amendment (Skills
Tasmania) Act 2007
Act No. of
s. 8 Part 2 Vocational Education and Training Act 1994 Amended
7. Objective of Skills Tasmania
The objective of Skills Tasmania is to
ensure that Tasmania has a vocational
education and training system that
supports a productive workforce and
contributes to economic and social
development in the State.
8. Functions of Skills Tasmania
(1) Skills Tasmania has the following
functions:
(a) to develop and implement
policies, strategies and plans for
the development, acquisition and
recognition of vocational skills in
Tasmania;
(b) to develop and implement
policies, strategies and plans for
the purchase of vocational
education and training;
(c) to ensure that programs and
services relating to the
development, acquisition and
recognition of vocational skills
that meet the needs of businesses
and communities in, and the
people of, Tasmania are
provided;
12
Vocational Education and Training Amendment (Skills Tasmania)
Act 2007
Act No. of
Part 2 Vocational Education and Training Act 1994 Amended s. 8
(d) to advise the Minister on all
matters, including policies,
strategies and plans, relating to
the development, acquisition and
recognition of vocational skills in
Tasmania;
(e) to advise the Minister on national
vocational education and training
policies and intergovernmental
agreements and to oversee the
implementation of such policies
and agreements;
(f) to enter into arrangements with
registered training organisations
and other persons in relation to
the purchase of vocational
education and training and the
performance by those
organisations and persons of
vocational education and training
functions;
(g) to oversee the administration of
vocational placements and
training agreements;
(h) to liaise with representatives of
industries, businesses,
communities and interest groups
in relation to the development,
acquisition and recognition of
vocational skills in Tasmania;
13
Vocational Education and Training Amendment (Skills
Tasmania) Act 2007
Act No. of
s. 8 Part 2 Vocational Education and Training Act 1994 Amended
(i) to monitor the effectiveness of
policies, strategies and plans for
the development, acquisition and
recognition of vocational skills in
Tasmania when implemented;
(j) to inquire into, undertake
research into and report on
(i) the development,
acquisition and
recognition of vocational
skills; and
(ii) the need for vocational
skills of businesses and
communities in, and the
people of, Tasmania;
(k) to promote and facilitate the
development, acquisition and
recognition of vocational skills;
(l) to liaise with the Qualifications
Authority, the Tasmania
Development and Resources
Board established under the
Tasmanian Development Act
1983 and other relevant
government bodies of this State
or elsewhere on matters relating
to vocational education and
training and vocational skills;
(m) other functions imposed on Skills
Tasmania by this Act;
14
Vocational Education and Training Amendment (Skills Tasmania)
Act 2007
Act No. of
Part 2 Vocational Education and Training Act 1994 Amended s. 8
(n) other functions imposed on Skills
Tasmania by the Minister by
written notice provided to Skills
Tasmania.
(2) If Skills Tasmania becomes aware of any
issue relating to the provision of
vocational education and training, or the
development, acquisition or recognition
of vocational skills, which Skills
Tasmania considers urgent or significant,
Skills Tasmania is to notify the Minister,
in writing, of that issue within a time that
is reasonable in the circumstances.
9. Powers of Skills Tasmania
(1) Skills Tasmania has the following
powers:
(a) to acquire, hold, dispose of and
otherwise deal with property;
(b) to enter into contracts, including a
contract with another person for
the performance or exercise of
any of its functions or powers by
or jointly with that other person;
(c) to set charges, terms and
conditions relating to work done,
or services, goods or information
supplied, by it;
15
Vocational Education and Training Amendment (Skills
Tasmania) Act 2007
Act No. of
s. 8 Part 2 Vocational Education and Training Act 1994 Amended
(d) to do any other thing necessary or
convenient to be done in
connection with the performance
or exercise of its functions or
powers under this or any other
Act.
(2) Skills Tasmania may use, and operate
under, one or more of the following
trading names:
(a) Skills Tasmania;
(b) Skills Authority;
(c) Tasmanian Skills Authority;
(d) State Training Authority;
(e) another trading name approved
by the Minister.
10. Delegation
Skills Tasmania may delegate to the
Training Agreements Committee,
another of its committees, the general
manager or any other person any of its
functions or powers under this or any
other Act other than this power of
delegation.
16
Vocational Education and Training Amendment (Skills Tasmania)
Act 2007
Act No. of
Part 2 Vocational Education and Training Act 1994 Amended s. 8
10A. Ministerial directions and policies
(1) The Minister may advise Skills
Tasmania, in writing, of the policies of
the government in relation to vocational
education and training and vocational
skills.
(2) The Minister may give to Skills
Tasmania, in writing, directions relating
to the performance and exercise of its
functions and powers.
(3) Skills Tasmania is to
(a) implement a policy of which it is
advised under subsection (1); and
(b) to comply with a direction given
to it under subsection (2).
10B. Independence of Skills Tasmania
Except as otherwise provided by or under
this or any other Act, Skills Tasmania is
not subject to the control or direction of
the Secretary or the Department in
respect of the formation of any opinion,
or the making of any decision, that Skills
Tasmania is required to form, or make, to
perform its functions.
17
Vocational Education and Training Amendment (Skills
Tasmania) Act 2007
Act No. of
s. 8 Part 2 Vocational Education and Training Act 1994 Amended
Division 1A Board of Directors of Skills Tasmania
10C. Board of Directors
(1) Skills Tasmania has a Board of Directors
consisting of 7 members appointed by
the Minister.
(2) In appointing the members of the Board,
the Minister is to
(a) ensure that those members
together have
(i) the knowledge and skills
necessary to ensure that
Skills Tasmania performs
its functions competently;
and
(ii) business and financial
skills; and
(iii) an understanding of the
requirements for meeting
the vocational education
and training needs of
industries, businesses and
communities in the State;
and
(b) take into account
(i) the need to have both
male and female
directors; and
18
Vocational Education and Training Amendment (Skills Tasmania)
Act 2007
Act No. of
Part 2 Vocational Education and Training Act 1994 Amended s. 8
(ii) the desirability of having
persons from all regions
of the State as directors;
and
(c) ensure, if practicable, that at least
one member is a member of the
Aboriginal community.
(3) The Minister is to appoint one of the
members of the Board as its chairperson.
(4) Schedule 1 has effect with respect to the
membership and meetings of the Board.
10D. Role of Board
The Board is responsible to the
Minister
(a) for the performance by Skills
Tasmania of its functions; and
(b) for the achievement by Skills
Tasmania of its objective.
10E. Powers of Board
The Board has power to do all things
necessary or convenient to be done in
connection with the performance and
exercise of its functions and powers
under this or any other Act.
19
Vocational Education and Training Amendment (Skills
Tasmania) Act 2007
Act No. of
s. 8 Part 2 Vocational Education and Training Act 1994 Amended
10F. Duties of director
A director must act honestly, exercise
reasonable care and be diligent in the
performance and exercise of the
functions and powers of a director.
Penalty: Fine not exceeding 50 penalty
units.
10G. Delegation
The Board may delegate any of its
functions or powers under this or any
other Act, other than this power of
delegation, to any one or more of the
following:
(a) a director;
(b) its general manager;
(c) the Training Agreements
Committee;
(d) another of its committees;
(e) a person whose services are made
available as specified in
section 10K.
20
Vocational Education and Training Amendment (Skills Tasmania)
Act 2007
Act No. of
Part 2 Vocational Education and Training Act 1994 Amended s. 8
10H. Acting directors
(1) For the purposes of this section, a
director is absent if he or she
(a) is absent from duty; or
(b) is otherwise unable to perform
the functions of the office of a
director.
(2) The Minister may appoint a person to act
as a director during
(a) any one or more absences of the
chairperson or another director;
or
(b) during all absences of the
chairperson or another director.
(3) The appointment of a person to act as a
director if the chairperson is absent is not
an appointment to act in the position of
chairperson.
(4) While a person appointed to act as a
director is acting as a director that person
is taken to be a director.
21
Vocational Education and Training Amendment (Skills
Tasmania) Act 2007
Act No. of
s. 8 Part 2 Vocational Education and Training Act 1994 Amended
Division 1B General manager and staff of Skills
Tasmania
10I. General manager
(1) On the recommendation of the Minister
and subject to and in accordance with the
State Service Act 2000, a person other
than a director may be appointed as
general manager of Skills Tasmania.
(2) Before recommending a person for
appointment as general manager, the
Minister is to consult the Board in
relation to the recommendation.
10J. Role, functions and powers of general
manager
(1) The general manager is responsible to the
Board for the general administration and
management of Skills Tasmania.
(2) The general manager
(a) must perform any functions, and
may exercise any powers,
delegated to the general manager
by the Board; and
(b) must perform any other functions
imposed on, and may exercise
any other powers granted to, him
or her by this or any other Act.
22
Vocational Education and Training Amendment (Skills Tasmania)
Act 2007
Act No. of
Part 2 Vocational Education and Training Act 1994 Amended s. 9
(3) The general manager may delegate any
of his or her functions or powers under
this or any other Act other than this
power of delegation.
10K. Staff
Skills Tasmania may arrange with the
Head of a State Service Agency, within
the meaning of the State Service Act
2000, for State Service employees and
State Service officers employed in the
Agency to be made available to Skills
Tasmania to enable it and the Board to
perform their functions under this and
any other Act.
9. Section 11 amended (Payment of funds from
Commonwealth)
Section 11 of the Principal Act is amended as
follows:
(a) by omitting "ANTA" and substituting
"the Commonwealth government";
(b) by omitting "for" and substituting "to".
23
Vocational Education and Training Amendment (Skills
Tasmania) Act 2007
Act No. of
s. 10 Part 2 Vocational Education and Training Act 1994 Amended
10. Section 12 amended (Acceptance on behalf of Skills
Tasmania)
Section 12 of the Principal Act is amended by
omitting "the Learning and Skills Authority" and
substituting "Skills Tasmania".
11. Section 13 amended (Annual report)
Section 13 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "The
Learning and Skills Authority" and
substituting "Skills Tasmania";
(b) by omitting subsection (2).
12. Part 2, Division 3 inserted
After section 13 of the Principal Act, the
following Division is inserted in Part 2:
Division 3 Committees
14. Committees
(1) The Board
(a) must establish an audit
committee; and
24
Vocational Education and Training Amendment (Skills Tasmania)
Act 2007
Act No. of
Part 2 Vocational Education and Training Act 1994 Amended s. 12
(b) must establish a committee as the
Tasmanian Training Agreements
Committee; and
(c) may establish one or more other
committees to advise and assist
the Board in the performance or
exercise of its functions or
powers under this or any other
Act.
(2) A committee consists of such persons as
the Board appoints.
(3) A director of Skills Tasmania may be a
member of a committee.
(4) A member of a committee holds office
on such conditions in relation to matters
not provided for by this Act as are
specified in the instrument of
appointment.
(5) Schedule 2 applies to the membership
and meetings of a committee.
(6) At any time, the Board may abolish a
committee.
15. Functions and powers of committees
(1) Each committee
25
Vocational Education and Training Amendment (Skills
Tasmania) Act 2007
Act No. of
s. 12 Part 2 Vocational Education and Training Act 1994 Amended
(a) must provide the Board with
advice on any matter referred to it
by the Board; and
(b) must perform any functions, and
may exercise any powers,
delegated to it by the Board.
(2) In addition to its functions under
subsection (1), the audit committee must
provide the Board with advice on
(a) the internal audit function of
Skills Tasmania; and
(b) monitoring Skills Tasmania's
systems of financial reporting and
internal control; and
(c) the resources necessary for the
performance of the internal audit
function of Skills Tasmania.
(3) In addition to its functions under
subsection (1), the Training Agreements
Committee must
(a) provide the Board with advice on
matters relating to vocational
placements and training
agreements; and
(b) administer vocational placements
and training agreements in
accordance with any directions
26
Vocational Education and Training Amendment (Skills Tasmania)
Act 2007
Act No. of
Part 2 Vocational Education and Training Act 1994 Amended s. 12
given or policies advised by the
Board; and
(c) issue guidelines for the operation
of vocational placements and
training agreements; and
(d) establish procedures and systems
in respect of its functions as
required and approved by the
Board.
(4) A Committee may do anything necessary
or convenient to perform its functions.
16. Delegation by committees
(1) A committee, with the approval of the
Board, may delegate any of its functions
or powers, other than its power of
delegation, to any person or body.
(2) A committee, when required by the
Board to do so, must delegate any of its
functions or powers, other than its power
of delegation, to any person or body
specified by the Board.
(3) The terms and conditions of a delegation
are to be approved by the Board.
27
Vocational Education and Training Amendment (Skills
Tasmania) Act 2007
Act No. of
s. 13 Part 2 Vocational Education and Training Act 1994 Amended
17. Committees subject to direction
(1) The Board may give written directions to
a committee in relation to the
performance and exercise of its functions
and powers, other than discretionary
functions and powers.
(2) A committee is to comply with a
direction given under subsection (1).
13. Part 3 repealed
Part 3 of the Principal Act is repealed.
14. Section 35 amended (Limits on entering into
training agreement)
Section 35(5) of the Principal Act is amended by
omitting "ANTA".
15. Section 67 amended (Inquiries)
Section 67 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "the
Learning and Skills Authority" and
substituting "Skills Tasmania";
28
Vocational Education and Training Amendment (Skills Tasmania)
Act 2007
Act No. of
Part 2 Vocational Education and Training Act 1994 Amended s. 16
(b) by omitting from subsection (2)(b) "the
Learning and Skills Authority" and
substituting "Skills Tasmania";
(c) by omitting from subsection (3) "The
Learning and Skills Authority," and
substituting "Skills Tasmania,";
(d) by omitting from subsection (4) "The
Learning and Skills Authority" and
substituting "Skills Tasmania";
(e) by omitting from subsection (5) "the
Learning and Skills Authority" and
substituting "Skills Tasmania";
(f) by omitting from subsection (6) "the
Learning and Skills Authority" and
substituting "Skills Tasmania".
16. Section 69 amended (Inspections)
Section 69(1) of the Principal Act is amended by
omitting "The Learning and Skills Authority,"
and substituting "Skills Tasmania,".
17. Section 70 amended (Search warrants)
Section 70 of the Principal Act is amended as
follows:
29
Vocational Education and Training Amendment (Skills
Tasmania) Act 2007
Act No. of
s. 18 Part 2 Vocational Education and Training Act 1994 Amended
(a) by omitting from subsection (1) "the
Learning and Skills Authority," and
substituting "Skills Tasmania,";
(b) by omitting from subsection (4)(a)(i)
"the Learning and Skills Authority" and
substituting "Skills Tasmania".
18. Section 71 repealed
Section 71 of the Principal Act is repealed.
19. Section 77 amended (Records)
Section 77 of the Principal Act is amended as
follows:
(a) by omitting "advisory committees" and
substituting "all committees established
under section 14";
(b) by omitting from paragraph (b) "the
Learning and Skills Authority" and
substituting "Skills Tasmania".
20. Section 78 amended (Scholarships, bursaries and
prizes)
Section 78 of the Principal Act is amended by
omitting "The Learning and Skills Authority"
and substituting "Skills Tasmania".
30
Vocational Education and Training Amendment (Skills Tasmania)
Act 2007
Act No. of
Part 2 Vocational Education and Training Act 1994 Amended s. 21
21. Section 83 amended (Regulations)
Section 83 of the Principal Act is amended as
follows:
(a) by omitting from subsection (4) "the
Learning and Skills Authority," and
substituting "Skills Tasmania,";
(b) by omitting from subsection (4)
"Committee" and substituting
"Committee, another committee
established under section 14";
(c) by omitting from subsection (6) "the
Vocational Education and Training
Amendment Act 2003 or the Vocational
Education and Training Amendment
(Tasmanian Learning and Skills
Authority) Act 2004." and substituting
"any Act which amends this Act.";
(d) by omitting from subsection (7)
"Vocational Education and Training
Amendment Act 2003 or the Vocational
Education and Training Amendment
(Tasmanian Learning and Skills
Authority) Act 2004, as the case
requires," and substituting "Act
amending this Act".
31
Vocational Education and Training Amendment (Skills
Tasmania) Act 2007
Act No. of
s. 22 Part 2 Vocational Education and Training Act 1994 Amended
22. Section 85C inserted
After section 85B of the Principal Act, the
following section is inserted in Part 9:
85C. Savings and transitional provisions
consequent on Vocational Education and
Training Amendment (Skills Tasmania) Act
2007
Schedule 7 has effect in respect of
savings and transitional provisions
consequent on the commencement of the
Vocational Education and Training
Amendment (Skills Tasmania) Act 2007.
23. Schedules 1 and 2 substituted
Schedules 1 and 2 to the Principal Act are
repealed and the following Schedules are
substituted:
SCHEDULE 1 MEMBERSHIP AND MEETINGS OF
BOARD
Section 10C(4)
PART 1 MEMBERSHIP OF BOARD
1. Term of office
A director is appointed for such period,
not exceeding 3 years, as is specified in
the director's instrument of appointment
and may be reappointed.
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Part 2 Vocational Education and Training Act 1994 Amended s. 23
2. Holding other office
The holder of an office who is required
by the terms of his or her employment to
devote the whole of his or her time to the
duties of that office is not disqualified
from
(a) holding that office and also the
office of a director; or
(b) accepting any remuneration
payable to a director.
3. State Service Act 2000
(1) The State Service Act 2000 does not
apply in relation to a director in his or her
capacity as a director.
(2) A person may hold the office of director
in conjunction with State Service
employment.
4. Remuneration and conditions of
appointment
(1) A director is entitled to be paid such
remuneration and allowances as the
Minister determines.
(2) A director who is a State Service
employee or State Service officer is not
33
Vocational Education and Training Amendment (Skills
Tasmania) Act 2007
Act No. of
s. 23 Part 2 Vocational Education and Training Act 1994 Amended
entitled to remuneration or allowances
under this clause except with the
approval of the Minister administering
the State Service Act 2000.
(3) A director holds office on such
conditions in relation to matters not
provided for by this Act as are specified
in the director's instrument of
appointment.
5. Vacation of office
(1) A director vacates office if he or she
(a) dies; or
(b) resigns by written notice given to
the Minister; or
(c) is removed from office under
subclause (2) or (3).
(2) The Minister may remove a director from
office if the director
(a) is absent from 3 consecutive
meetings of the Board without the
permission of the other directors
of the Board; or
(b) becomes bankrupt, applies to take
the benefit of any law for the
relief of bankrupt or insolvent
debtors, compounds with the
34
Vocational Education and Training Amendment (Skills Tasmania)
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Act No. of
Part 2 Vocational Education and Training Act 1994 Amended s. 23
director's creditors or makes an
assignment of the director's
remuneration or estate for their
benefit; or
(c) is convicted, in Tasmania or
elsewhere, of a crime or an
offence punishable by
imprisonment for 12 months or
longer; or
(d) is convicted of an offence under
this Act; or
(e) fails to disclose a pecuniary
interest as required under
clause 15; or
(f) has benefited from, or claimed to
be entitled to benefit from, a
contract made by or on behalf of
the Board, other than a contract
for a good or service ordinarily
supplied by the Board and
supplied on the same terms as
that good or service is ordinarily
supplied to other persons in the
same situation.
(3) The Minister may remove a director from
office if satisfied that the director is
unable to perform adequately or
competently the duties of office.
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s. 23 Part 2 Vocational Education and Training Act 1994 Amended
(4) A director must not be removed from
office otherwise than in accordance with
this clause.
6. Filling of vacancies
If the office of a director becomes
vacant, the Minister may appoint a
person to the vacant office for the
remainder of that director's term of
office.
7. Validation of proceedings, &c.
An act or proceeding of the Board or of a
person acting under any direction of the
Board is not invalidated by reason only
that at the time when the act or
proceeding was done, taken or
commenced there was a vacancy in the
office of a director or a defect in the
appointment of a director.
8. Presumptions
In any proceeding by or against the
Board, unless evidence is given to the
contrary, proof is not required of
(a) the constitution of the Board; or
(b) the appointment of any director.
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Act 2007
Act No. of
Part 2 Vocational Education and Training Act 1994 Amended s. 23
PART 2 MEETINGS OF BOARD
9. Convening of meetings
(1) The chairperson of the Board, after
giving each director reasonable notice of
a meeting
(a) may convene a meeting at any
time; and
(b) must convene a meeting when
requested to do so by 2 or more
other directors.
(2) If the chairperson of the Board is absent
from duty or otherwise unable to perform
the duties of the office, a meeting may be
convened, after reasonable notice of the
meeting has been given of the meeting,
by
(a) two or more other directors; or
(b) a person authorised by the Board
to do so.
(3) For the purposes of subclauses (1) and
(2), what constitutes reasonable notice is
to be determined by the Board.
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Tasmania) Act 2007
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s. 23 Part 2 Vocational Education and Training Act 1994 Amended
10. Presiding at meeting
(1) The chairperson of the Board is to
preside at all meetings of the Board at
which he or she is present.
(2) If the chairperson is not present at a
meeting of the Board, a director elected
by the directors present at the meeting is
to preside.
11. Quorum and voting at meetings
(1) Four directors constitute a quorum at a
meeting of the Board.
(2) A meeting of the Board at which a
quorum is present is competent to
transact any business of the Board.
(3) At a meeting of the Board
(a) the director presiding has a
deliberative vote only; and
(b) a question is decided
(i) by a majority of votes of
the directors present and
voting; or
(ii) in the negative if there is
an equality of votes of the
directors present and
voting.
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Act No. of
Part 2 Vocational Education and Training Act 1994 Amended s. 23
(4) At a meeting of the Board where a
director is excluded from being present
and taking part in the consideration and
decision of the Board in relation to a
matter, a quorum for the purposes of
considering and making a decision in
relation to that matter is constituted by
the number of directors specified as
constituting a quorum in subclause (1)
less the number of directors so excluded.
12. Conduct of meeting
(1) Subject to this Act, the Board may
regulate the calling of, and the conduct of
business at, its meetings as it considers
appropriate.
(2) The Board may permit directors to
participate in a particular meeting or all
meetings by
(a) telephone; or
(b) video conference; or
(c) any other means of
communication approved by the
Board.
(3) A director who participates in a meeting
under a permission granted under
subclause (2) is taken to be present at the
meeting.
39
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Tasmania) Act 2007
Act No. of
s. 23 Part 2 Vocational Education and Training Act 1994 Amended
(4) Without limiting subclause (1), the Board
may allow a person to attend a meeting
for the purpose of advising or informing
it on any matter.
13. Resolutions without meetings
(1) If all directors appointed sign a document
containing a statement that they are in
favour of a resolution in the terms set out
in the document, a resolution in those
terms is taken to have been passed at a
meeting of the Board held on the day on
which the document is signed or, if the
directors do not sign it on the same day,
on the day on which the last of the
directors signs the document.
(2) If a resolution is taken to have been
passed under subclause (1), each director
is to be
(a) advised immediately of the
matter; and
(b) given a copy of the terms of the
resolution.
(3) For the purposes of subclause (1), 2 or
more separate documents containing a
statement in identical terms, each of
which is signed by one or more directors,
is taken to constitute one document.
40
Vocational Education and Training Amendment (Skills Tasmania)
Act 2007
Act No. of
Part 2 Vocational Education and Training Act 1994 Amended s. 23
14. Minutes
The Board is to keep accurate minutes of
its meetings.
15. Disclosure of interests
(1) If a director has a direct or indirect
pecuniary interest in a matter being
considered, or about to be considered, by
the Board, the director must, as soon as
practicable after the relevant facts come
to the director's knowledge, disclose the
nature of the interest to the Board.
Penalty: Fine not exceeding 50 penalty
units.
(2) Unless the Board otherwise determines, a
director who has made a disclosure under
subclause (1) in relation to a matter must
not
(a) be present during any deliberation
of the Board in relation to the
matter; or
(b) take part in any decision of the
Board in relation to the matter.
(3) For the purpose of making a
determination under subclause (2), the
director to whom the determination
relates must not
41
Vocational Education and Training Amendment (Skills
Tasmania) Act 2007
Act No. of
s. 23 Part 2 Vocational Education and Training Act 1994 Amended
(a) be present during any deliberation
of the Board for the purpose of
making the determination; or
(b) take part in making the
determination.
(4) Subclause (1) does not apply
(a) in respect of a contract for goods
or services supplied by the Board
if those goods or services are
ordinarily supplied by the Board
and are supplied on the same
terms as they are ordinarily
supplied to other persons in the
same situation; or
(b) in respect of an interest that arises
only because the director is also a
State Service officer or State
Service employee.
16. General procedure
Except as provided by this Act, the
Board may regulate its own proceedings.
17. Presumptions
In any proceeding by or against the
Board, unless evidence is given to the
contrary, proof is not required of
42
Vocational Education and Training Amendment (Skills Tasmania)
Act 2007
Act No. of
Part 2 Vocational Education and Training Act 1994 Amended s. 23
(a) any resolution of the Board; or
(b) the presence of a quorum at any
meeting of the Board.
SCHEDULE 2 MEMBERSHIP AND MEETINGS OF
COMMITTEES
Section 14(5)
PART 1 MEMBERSHIP OF COMMITTEES
1. Interpretation
In this Schedule
"committee" means an audit
committee, the Training
Agreements Committee or
another committee established by
the Board under section 14;
"member" means a member of a
committee.
2. Term of office
A member is appointed for such period,
not exceeding 3 years, as is specified in
the member's instrument of appointment
and may be reappointed.
43
Vocational Education and Training Amendment (Skills
Tasmania) Act 2007
Act No. of
s. 23 Part 2 Vocational Education and Training Act 1994 Amended
3. Holding other office
The holder of an office who is required
by the terms of his or her employment to
devote the whole of his or her time to the
duties of that office is not disqualified
from
(a) holding that office and also the
office of a member; or
(b) accepting any remuneration
payable to a member.
4. State Service Act 2000
(1) The State Service Act 2000 does not
apply in relation to a member in his or
her capacity as a member.
(2) A person may hold the office of member
in conjunction with State Service
employment.
5. Remuneration and conditions of
appointment
(1) A member is entitled to be paid such
remuneration and allowances as the
Minister determines.
(2) A member who is a State Service
employee or State Service officer is not
44
Vocational Education and Training Amendment (Skills Tasmania)
Act 2007
Act No. of
Part 2 Vocational Education and Training Act 1994 Amended s. 23
entitled to remuneration or allowances
under this clause except with the
approval of the Minister administering
the State Service Act 2000.
(3) A member holds office on such
conditions in relation to matters not
provided for by this Act as are specified
in the member's instrument of
appointment.
6. Vacation of office
(1) A member vacates office if he or she
(a) dies; or
(b) resigns by written notice given to
the Board; or
(c) is removed from office under
subclause (2).
(2) The Board may remove a member from
office if the member
(a) is absent from 3 consecutive
meetings of the committee
without the permission of the
other members of the committee;
or
(b) is convicted, in Tasmania or
elsewhere, of a crime or an
offence punishable by
45
Vocational Education and Training Amendment (Skills
Tasmania) Act 2007
Act No. of
s. 23 Part 2 Vocational Education and Training Act 1994 Amended
imprisonment for 12 months or
longer; or
(c) is convicted of an offence under
this Act; or
(d) fails to disclose a pecuniary
interest as required under
clause 16; or
(e) has benefited from, or claimed to
be entitled to benefit from, a
contract made by or on behalf of
the committee, other than a
contract for a good or service
ordinarily supplied by the
committee and supplied on the
same terms as that good or
service is ordinarily supplied to
other persons in the same
situation; or
(f) in the opinion of the Board, is
unable to perform adequately or
competently the duties of office;
or
(g) for any other reason the Board
considers appropriate.
7. Filling of vacancies
If the office of a member becomes
vacant, the Board may appoint a person
46
Vocational Education and Training Amendment (Skills Tasmania)
Act 2007
Act No. of
Part 2 Vocational Education and Training Act 1994 Amended s. 23
to the vacant office for the remainder of
that member's term of office.
8. Validation of proceedings, &c.
An act or proceeding of a committee or
of a person acting under any direction of
a committee is not invalidated by reason
only that at the time when the act or
proceeding was done, taken or
commenced there was a vacancy in the
office of a member or a defect in the
appointment of a member.
9. Presumptions
In any proceeding by or against a
committee, unless evidence is given to
the contrary, proof is not required of
(a) the constitution of the committee;
or
(b) the appointment of any member.
PART 2 MEETINGS OF COMMITTEE
10. Convening of meetings
(1) The chairperson of the committee, after
giving each member reasonable notice of
a meeting
47
Vocational Education and Training Amendment (Skills
Tasmania) Act 2007
Act No. of
s. 23 Part 2 Vocational Education and Training Act 1994 Amended
(a) may convene a meeting at any
time; and
(b) must convene a meeting when
requested to do so by 2 or more
other members.
(2) If the chairperson of a committee is
absent from duty or otherwise unable to
perform the duties of the office, a
meeting may be convened, after
reasonable notice of the meeting has
been given of the meeting, by
(a) two or more other members; or
(b) a person authorised by the Board
to do so.
(3) For the purposes of subclauses (1) and
(2), what constitutes reasonable notice is
to be determined by the committee.
11. Presiding at meeting
(1) The chairperson of a committee is to
preside at all meetings of the committee
at which he or she is present.
(2) If the chairperson is not present at a
meeting of a committee, a member
elected by the members present at the
meeting is to preside.
48
Vocational Education and Training Amendment (Skills Tasmania)
Act 2007
Act No. of
Part 2 Vocational Education and Training Act 1994 Amended s. 23
12. Quorum and voting at meetings
(1) At a meeting of a committee, a quorum is
constituted by a majority of the total
number of members appointed.
(2) A meeting of a committee at which a
quorum is present is competent to
transact any business of the committee.
(3) At a meeting of a committee
(a) the member presiding has a
deliberative vote only; and
(b) a question is decided
(i) by a majority of votes of
the members present and
voting; or
(ii) in the negative if there is
an equality of votes of the
members present and
voting.
(4) At a meeting of a committee where a
member is excluded from being present
and taking part in the consideration and
decision of the committee in relation to a
matter, a quorum for the purposes of
considering and making a decision in
relation to that matter is constituted by
the number of members specified as
constituting a quorum in subclause (1)
less the number of members so excluded.
49
Vocational Education and Training Amendment (Skills
Tasmania) Act 2007
Act No. of
s. 23 Part 2 Vocational Education and Training Act 1994 Amended
13. Conduct of meeting
(1) Subject to this Act, a committee may
regulate the calling of, and the conduct of
business at, its meetings as it considers
appropriate.
(2) A committee may permit members to
participate in a particular meeting or all
meetings by
(a) telephone; or
(b) video conference; or
(c) any other means of
communication approved by the
Board.
(3) A member who participates in a meeting
under a permission granted under
subclause (2) is taken to be present at the
meeting.
(4) Without limiting subclause (1), a
committee may allow a person to attend a
meeting for the purpose of advising or
informing the committee on any matter.
14. Resolutions without meetings
(1) If all members appointed sign a
document containing a statement that
they are in favour of a resolution in the
terms set out in the document, a
50
Vocational Education and Training Amendment (Skills Tasmania)
Act 2007
Act No. of
Part 2 Vocational Education and Training Act 1994 Amended s. 23
resolution in those terms is taken to have
been passed at a meeting of the
committee held on the day on which the
document is signed or, if the members do
not sign it on the same day, on the day on
which the last of the members signs the
document.
(2) If a resolution is taken to have been
passed under subclause (1), each member
is to be
(a) advised immediately of the
matter; and
(b) given a copy of the terms of the
resolution.
(3) For the purposes of subclause (1), 2 or
more separate documents containing a
statement in identical terms, each of
which is signed by one or more
members, is taken to constitute one
document.
15. Minutes
A committee is to keep accurate minutes
of its meetings.
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Vocational Education and Training Amendment (Skills
Tasmania) Act 2007
Act No. of
s. 23 Part 2 Vocational Education and Training Act 1994 Amended
16. Disclosure of interests
(1) If a member has a direct or indirect
pecuniary interest in a matter being
considered, or about to be considered, by
a committee, the member must, as soon
as practicable after the relevant facts
come to the member's knowledge,
disclose the nature of the interest to the
committee.
Penalty: Fine not exceeding 50 penalty
units.
(2) Unless a committee otherwise
determines, a member who has made a
disclosure under subclause (1) in relation
to a matter must not
(a) be present during any deliberation
of the committee in relation to the
matter; or
(b) take part in any decision of the
committee in relation to the
matter.
(3) For the purpose of making a
determination under subclause (2), the
member to whom the determination
relates must not
(a) be present during any deliberation
of the committee for the purpose
of making the determination; or
52
Vocational Education and Training Amendment (Skills Tasmania)
Act 2007
Act No. of
Part 2 Vocational Education and Training Act 1994 Amended s. 23
(b) take part in making the
determination.
(4) Subclause (1) does not apply
(a) in respect of a contract for goods
or services supplied by the
committee if those services are
ordinarily supplied by the
committee and are supplied on
the same terms as they are
ordinarily supplied to other
persons in the same situation; or
(b) in respect of an interest that arises
only because the director is also a
State Service officer or State
Service employee.
17. General procedure
Except as provided by this Act, a
committee may regulate its own
proceedings.
18. Presumptions
In any proceeding by or against a
committee, unless evidence is given to
the contrary, proof is not required of
(a) any resolution of the committee;
or
53
Vocational Education and Training Amendment (Skills
Tasmania) Act 2007
Act No. of
s. 24 Part 2 Vocational Education and Training Act 1994 Amended
(b) the presence of a quorum at any
meeting of the committee.
24. Schedule 7 inserted
After Schedule 6 to the Principal Act, the
following Schedule is inserted:
SCHEDULE 7 SAVINGS AND TRANSITIONAL
PROVISIONS CONSEQUENT ON VOCATIONAL
EDUCATION AND TRAINING AMENDMENT (SKILLS
TASMANIA) ACT 2007
Section 85C
1. Interpretation
In this Schedule
"Amendment Act" means the
Vocational Education and
Training Amendment (Skills
Tasmania) Act 2007;
"commencement day" means the day
on which the Amendment Act
commences as specified in
section 2(1) of that Act;
"former Act" means this Act as in
force immediately before the
commencement day;
"former Tasmanian Training
Agreements Committee" means
54
Vocational Education and Training Amendment (Skills Tasmania)
Act 2007
Act No. of
Part 2 Vocational Education and Training Act 1994 Amended s. 24
the Tasmanian Training
Agreements Committee
continued under section 14 of the
former Act;
"Learning and Skills Authority"
means the Tasmanian Learning
and Skills Authority established
under section 6 of the former Act.
2. Abolition of Learning and Skills Authority
(1) The Learning and Skills Authority is
abolished.
(2) The appointment of each member of the
Learning and Skills Authority is revoked.
(3) A member of the Learning and Skills
Authority is not entitled to any
compensation or other payment in
relation to the revocation of his or her
appointment under this clause.
3. Annual report for 2007
Skills Tasmania is to include in its annual
report submitted to the Minister under
section 13 in respect of the period of 12
months ending on 31 December 2007 a
report of the activities of the Learning
and Skills Authority during that period.
55
Vocational Education and Training Amendment (Skills
Tasmania) Act 2007
Act No. of
s. 24 Part 2 Vocational Education and Training Act 1994 Amended
4. Inquiries
(1) If a person has applied under section 67
of the former Act to the Learning and
Skills Authority for it to carry out an
inquiry and, immediately before the
commencement day, that inquiry has not
been completed, that application is taken
to have been made to Skills Tasmania
under section 67 of this Act.
(2) If the Learning and Skills Authority has
commenced an inquiry under section 67
of the former Act and, immediately
before the commencement day, that
inquiry has not been completed
(a) that inquiry is to be completed by
Skills Tasmania; and
(b) anything done by or in relation to
the Learning and Skills Authority
for the purposes of, or in the
course of, that inquiry is taken to
have been done by or in relation
to Skills Tasmania.
5. Certificates of authority
A certificate of authority issued by the
Learning and Skills Authority under
section 69 of the former Act and in force
immediately before the commencement
day continues and is taken to have been
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Vocational Education and Training Amendment (Skills Tasmania)
Act 2007
Act No. of
Part 2 Vocational Education and Training Act 1994 Amended s. 24
issued by Skills Tasmania under
section 69 of this Act.
6. Abolition of former Tasmanian Training
Agreements Committee
(1) The former Tasmanian Training
Agreements Committee is abolished.
(2) The extension of an appointment under
section 85D is taken on and from the
commencement day to be an appointment
to the Training Agreements Committee.
7. Acts by Learning and Skills Authority, &c.
An act or omission done by or in relation
to the Learning and Skills Authority is
taken to have been done by or in relation
to Skills Tasmania if circumstances
require it.
8. Documents
(1) A reference in an Act or any other
document to the Learning and Skills
Authority is taken to be or include a
reference to Skills Tasmania if the
context requires it.
(2) A reference in an Act or any other
document to the Tasmanian Training
57
Vocational Education and Training Amendment (Skills
Tasmania) Act 2007
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s. 24 Part 2 Vocational Education and Training Act 1994 Amended
Agreements Committee is taken to be or
include a reference to the Training
Agreements Committee.
58
Vocational Education and Training Amendment (Skills Tasmania)
Act 2007
Act No. of
Part 3 Vocational Education and Training Act 1994 Further Amended s. 25
PART 3 VOCATIONAL EDUCATION AND
TRAINING ACT 1994 FURTHER AMENDED
25. Principal Act
In this Part, the Vocational Education and
Training Act 1994* is referred to as the Principal
Act.
26. Section 85D inserted
After section 85C of the Principal Act, the
following section is inserted in Part 9:
85D. Extension of certain appointments
The appointment of each member of the
Training Agreements Committee as
constituted on 30 June 2007 is extended
until 30 September 2007.
*No. 88 of 1994
59
Vocational Education and Training Amendment (Skills
Tasmania) Act 2007
Act No. of
s. 27 Part 4 Building and Construction Industry Training Fund Act 1990
Amended
PART 4 BUILDING AND CONSTRUCTION
INDUSTRY TRAINING FUND ACT 1990 AMENDED
27. Principal Act
In this Part, the Building and Construction
Industry Training Fund Act 1990* is referred to
as the Principal Act.
28. Section 34 amended (Building and construction
industry training plans)
Section 34(4) of the Principal Act is amended by
omitting "the Tasmanian Learning and Skills
Authority" and substituting "Skills Authority".
*No. 38 of 1990
60
Vocational Education and Training Amendment (Skills Tasmania)
Act 2007
Act No. of
Part 5 Employment Incentive Assistance Act 1984 Amended s. 29
PART 5 EMPLOYMENT INCENTIVE ASSISTANCE
ACT 1984 AMENDED
29. Principal Act
In this Part, the Employment Incentive
Assistance Act 1984* is referred to as the
Principal Act.
30. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
omitting "the Tasmanian Learning and Skills
Authority" from the definition of "Authority"
and substituting "Skills Tasmania".
*No. 106 of 1984
61
Vocational Education and Training Amendment (Skills
Tasmania) Act 2007
Act No. of
s. 31 Part 6 Long Service Leave Act 1976 Amended
PART 6 LONG SERVICE LEAVE ACT 1976
AMENDED
31. Principal Act
In this Part, the Long Service Leave Act 1976* is
referred to as the Principal Act.
32. Section 5 amended (Nature of continuous
employment)
Section 5(1)(f) of the Principal Act is amended
by omitting "the Tasmanian Learning and Skills
Authority" and substituting "Skills Tasmania".
*No. 95 of 1976
62 Government Printer, Tasmania