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PARLIAMENT OF VICTORIA
Training and Further Education Acts (Amendment)
Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 2
2. Commencement 2
3. Principal Act 3
4. New purposes 3
5. Consequential amendments 3
6. Ministerial directions 5
7. Performance agreements 5
8. Further consequential amendment 6
9. Deputy Chairperson 7
10. Chairs of Regional Councils 8
11. New Part 4 inserted 8
PART 4--ADULT EDUCATION INSTITUTIONS 8
Division 1--Adult Multicultural Education Services 8
44. Adult Multicultural Education Services 8
Division 2--Centre for Adult Education 8
45. Centre for Adult Education 8
Division 3--Establishment of adult education institutions 9
46. Adult education institutions 9
47. Incorporation of governing boards 10
48. Functions of governing boards 13
49. Powers of governing boards 14
49A. Accountability of governing boards 15
49B. Board membership 16
49C. Terms and conditions of office of members 16
49D. Proceedings of governing boards 18
49E. Reserve powers of Minister 18
49F. Notice of proposal 20
49G. Appointment of administrator 21
49H. Saving of acts of board 22
49I. Employment of staff 22
49J. Minister may object to director appointment 23
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Clause Page
49K. Staff conditions 23
49L. Institution directors 23
12. New Part 6 inserted 24
PART 6--TRANSITIONAL PROVISIONS FOR NEW
ADULT EDUCATION INSTITUTIONS 24
Division 1--Preliminary 24
53. Extra-territorial operation of this Part 24
Division 2--Transfer of staff of AMES 25
54. Definition 25
55. Determination of staff to be transferred 25
56. Transfer of staff 25
57. Superannuation 27
58. Future terms and conditions of transferred employees 27
59. Savings for Director of AMES 28
Division 3--Transfer of property, rights and liabilities of
Council of Adult Education 28
60. Definitions 28
61. Property rights and liabilities transferred to Board of
Centre for Adult Education 28
62. Gifts etc. 31
63. Staff of the Council 32
64. Land of the Council 33
65. Amendment of the Register 34
66. Taxes 34
13. New Schedule inserted 34
14. Repeals 35
ENDNOTES 36
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PARLIAMENT OF VICTORIA
Initiated in Assembly 6 September 2000
A BILL
to amend the Adult, Community and Further Education Act 1991
to provide for the establishment of adult education institutions and
their governing boards, to transfer the staff employed in the
Department of Education, Employment and Training in the
administration or provision of adult multicultural education services to
an adult education institution to be known as Adult Multicultural
Education Services and to make other amendments, to repeal the
Council of Adult Education Act 1981 and to transfer the staff,
property, rights and liabilities of the Council to an adult education
institution to be called the Centre for Adult Education, to repeal the
Employment Agents Act 1983 and for other purposes.
Training and Further Education Acts
(Amendment) Act 2000
The Parliament of Victoria enacts as follows:
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Training and Further Education Acts (Amendment) Act 2000
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1. Purposes
The main purposes of this Act are to--
(a) amend the Adult, Community and Further
Education Act 1991 to--
5 (i) provide for the establishment of adult
education institutions and their
governing boards;
(ii) transfer the staff employed in the
Department of Education, Employment
10 and Training in the administration or
provision of adult multicultural
education services to an adult education
institution to be known as Adult
Multicultural Education Services which
15 is to be governed by a body corporate
to be known as the Board of Adult
Multicultural Education Services;
(iii) make other miscellaneous amendments;
(b) repeal the Council of Adult Education Act
20 1981 and to transfer the staff, property and
liabilities of the Council of Adult Education
established under that Act to an adult
education institution established under the
Adult, Community and Further
25 Education Act 1991 to be known as the
Centre for Adult Education to be governed
by a body corporate to be known as the
Board of the Centre for Adult Education;
(c) repeal the Employment Agents Act 1983.
30 2. Commencement
(1) Section 1, this section and sections 9, 10 and
14(2) come into operation on the day after the day
on which this Act receives the Royal Assent.
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(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision of this Act does not come into
5 operation before 1 December 2001, it comes into
operation on that day.
3. Principal Act
See
In this Act, the Adult, Community and Further Act No.
Education Act 1991 is called the Principal Act. 91/1991
Reprint No. 3
as at
19 March
1998 and
amending Act
Nos 46/1998
and 12/1999.
LawToday:
www.dms.
dpc.vic.
gov.au
10 4. New purposes
In section 1 of the Principal Act after paragraph
(c) insert--
"(ca) to establish AMES and the Centre for
Adult Education as adult education
15 institutions and to provide for the
governing boards of those adult
education institutions; and
(cb) to provide for the establishment of
other adult education institutions and
20 for their governing boards; and".
5. Consequential amendments
In the Principal Act--
(a) in section 3--
(i) in paragraph (c) of the definition of
25 "adult, community and further
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education" after "provided by" insert
"an adult education institution
established by or under this Act or";
(ii) the definition of "Council of Adult
5 Education" is repealed;
(iii) insert the following definitions--
' "adult education institution" means
AMES or the Centre for Adult
Education or an adult education
10 institution established under
section 46;
"AMES" means the adult education
institution known as Adult
Multicultural Education Services
15 established under section 44;
"Board" means the Adult, Community
and Further Education Board;
"Board of AMES" means the
governing board of Adult
20 Multicultural Education Services
established by Order in Council
under section 47;
"Board of the Centre for Adult
Education" means the Board of
25 the Centre for Adult Education
established by Order in Council
under section 47;
"Centre for Adult Education" means
the adult education institution
30 known as the Centre for Adult
Education established under
section 45;
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"governing board" means the
governing board of an adult
education institution established
by Order in Council under section
5 47;
"Regional Council" means a Regional
Council of Adult, Community and
Further Education established
under Part 3;';
10 (b) for section 8(c)(ii) substitute--
"(ii) the governing boards of adult education
institutions; and".
6. Ministerial directions
(1) In section 10(1) of the Principal Act, after
15 "Regional Councils of Adult, Community and
Further Education" insert "or the governing
boards of adult education institutions, including
matters relating to the employment of staff by
those Councils or those governing boards".
20 (2) After section 10(1) of the Principal Act insert--
"(1A) A direction under sub-section (1) may be
made so as to apply--
(a) generally or in specified cases or in a
specified class of cases or specified
25 classes of cases;
(b) at all times or at a specified time or
times.".
(3) In section 10(3) of the Principal Act for "and any"
substitute ", the governing board of an adult
30 education institution and a".
7. Performance agreements
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(1) In section 9(d) of the Principal Act, after
"Council" insert "or the governing board of an
adult education institution".
(2) At the end of section 11 of the Principal Act
5 insert--
"(2) The Board may enter into a performance
agreement with the governing board of an
adult education institution with respect to the
functions of the governing board under this
10 Act.".
8. Further consequential amendment
In the Principal Act--
(a) in section 13D(1) and (1A) after "body
which is" insert "an adult education
15 institution or";
(b) in section 19(1)--
(i) for "13 members of the Board of
whom" substitute "12 members of the
Board";
20 (ii) in paragraph (a) omit "12 are";
(iii) paragraph (b) and the word "and"
preceding it are repealed;
(c) in sections 27 and 28(1)--
(i) paragraph (e) is repealed;
25 (ii) in paragraph (f) after "education" insert
"including the governing board of an
adult education institution";
(d) in section 29--
(i) paragraph (c) is repealed;
30 (ii) in paragraph (d) after "education"
insert "including the governing board
of an adult education institution";
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(e) in section 35--
(i) in sub-section (1)(e) and (f) for "or the
Council of Adult Education" substitute
"or an adult education institution";
5 (ii) in sub-section (2)(a) for "the Council of
Adult Education" substitute "the
governing board of an adult education
institution".
9. Deputy Chairperson
10 (1) In section 21(1) of the Principal Act, omit ", other
than the Chairperson".
(2) For section 21(2) of the Principal Act
substitute--
"(2) If--
15 (a) the Chairperson is--
(i) unable to perform his or her
duties; or
(ii) absent from duty; or
(b) the office of Chairperson is vacant--
20 the person appointed under sub-section (1) to
act in the place of the Chairperson is to
preside.".
(3) For section 23(3) of the Principal Act
substitute--
25 "(3) If the Chairperson and any person appointed
under section 21(1) to act in the place of the
Chairperson are absent, a member appointed
by the members present at a meeting must
preside.".
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10. Chairs of Regional Councils
In the Principal Act--
(a) in section 38(1) for "appointed Chairperson"
substitute "elected as Chairperson and one
5 shall be elected as Deputy Chairperson by
the members of the Council";
(b) section 40(2) is repealed.
11. New Part 4 inserted
After section 43 of the Principal Act insert--
10 "PART 4--ADULT EDUCATION
INSTITUTIONS
Division 1--Adult Multicultural Education
Services
44. Adult Multicultural Education Services
15 (1) There is established an adult education
institution to be called Adult Multicultural
Education Services.
(2) The Board of AMES is the governing body
of AMES and shall be constituted as a body
20 corporate by Order in Council as provided
for in Division 3 of this Part.
(3) The Board of AMES has the functions and
powers conferred on it by Division 3 of this
Part and by Order in Council made under
25 Division 3.
Division 2--Centre for Adult Education
45. Centre for Adult Education
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(1) There is established an adult education
institution to be called the Centre for Adult
Education.
(2) The Board of the Centre for Adult Education
5 is the governing body of the Centre for Adult
Education and shall be constituted as a body
corporate by Order in Council as provided
for in Division 3 of this Part.
(3) The Board of the Centre for Adult Education
10 has the functions and powers conferred on it
by Division 3 of this Part or an Order in
Council under Division 3.
Division 3--Establishment of adult education
institutions
15 46. Adult education institutions
(1) The Governor in Council may, on the
recommendation of the Minister, by Order
published in the Government Gazette--
(a) create an adult education institution; or
20 (b) abolish an adult education institution;
or
(c) amalgamate one or more adult
education institutions; or
(d) change the name of an adult education
25 institution--
and amend the Schedule by--
(e) inserting the name of a new or
amalgamated adult education
institution; or
30 (f) removing the name of an adult
education institution; or
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(g) changing the name of an adult
education institution.
(2) The Minister must not make a
recommendation under sub-section (1)
5 unless--
(a) the governing board or the governing
body (if any) of any institution or
proposed institution concerned has
made a request for the proposed order
10 or has been consulted about the
proposed order; and
(b) the Minister has consulted the Adult,
Community and Further Education
Board about the proposed order.
15 (3) If an Order in Council changes the name of
an institution under sub-section (1)--
(a) the institution continues in existence
under the new name so that its identity
is not affected; and
20 (b) in an Act, in a subordinate instrument
made under an Act or in any other
document a reference to an institution
under the former name must, except in
relation to matters that occurred before
25 the change of name, be construed as a
reference to the institution under the
new name.
47. Incorporation of governing boards
(1) The Governor in Council may, on the
30 recommendation of the Minister by Order--
(a) establish a governing board to oversee
and manage an adult education
institution; or
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(b) amalgamate a governing board with
another governing board; or
(c) abolish a governing board; or
(d) change the name of a governing board;
5 or
(e) make provision or further provision for
or with respect to the constitution,
management structure, membership,
objectives, powers, duties or functions
10 of a governing board, the manner of
appointment or the terms and
conditions of appointment of members
of a governing board; or
(f) make provision for the governing board
15 to make rules for the government of the
institution; or
(g) make provision for the governing board
to delegate any of its powers and
functions under this Act (except any
20 powers or functions delegated to it
under this Act) to a person employed at
the institution or to a committee
established by or under an Order in
Council relating to the board; or
25 (h) amend any provision of a previous
order relating to a governing board; or
(i) make provision for or with respect to
anything that is consequential upon the
making of an order including the rights
30 and obligations or the assignment of
any property (subject to any trusts) of
any governing board referred to in the
Order.
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(2) The Minister must not make a
recommendation under sub-section (1)
unless--
(a) the governing board of the institution
5 concerned has made a request for the
proposed Order or has been consulted
about the proposed Order; and
(b) the Minister has consulted the Adult,
Community and Further Education
10 Board about the proposed Order.
(3) A governing board established under sub-
section (1)--
(a) is a body corporate with perpetual
succession; and
15 (b) has a common seal; and
(c) may sue and be sued in its corporate
name; and
(d) is capable of acquiring, holding,
dealing with or disposing of property
20 for the purpose of performing its
functions and exercising its powers;
and
(e) is capable of doing and suffering
anything that a body corporate may by
25 law do and suffer and that is necessary
or expedient for performing its
functions and exercising its powers.
(4) If two or more governing boards previously
incorporated under this Act are amalgamated
30 under an Order under sub-section (1), any
legal proceedings that might have been
commenced or continued by or against any
of the boards may be commenced or
continued by or against the single governing
35 board formed by the amalgamation.
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(5) A change of name under an Order under sub-
section (1) does not affect the identity of the
governing board or any rights or obligations
of the governing board or render defective
5 any legal proceedings by or against the
board, and any legal proceedings that might
have been continued or commenced by or
against it by its former name may be
continued by or against it by its new name.
10 48. Functions of governing boards
(1) The functions of the governing board of an
adult education institution are to--
(a) oversee the institution and ensure that
the institution is managed efficiently
15 and effectively; and
(b) approve periodic management plans for
the institution consistent with the plans
and policies of the Adult, Community
and Further Education Board; and
20 (c) provide the community served by the
institution with efficient and effective
adult, community, further education,
vocational education and training,
employment and other associated
25 programs and services responsive to the
needs of that community;
(d) consult with the relevant Regional
Councils about the provision of these
programs and services;
30 (e) make adequate arrangements for
persons and groups which have not had
or do not have adequate access to
programs and services provided by the
institution;
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(f) generally the development and
provision of adult, community, further
education, vocational education and
training, employment and other
5 associated programs and services
considered necessary for the objects of
the adult education institution within
Victoria and outside Victoria, whether
in or outside Australia;
10 (g) carry out any other function conferred
on the governing board by or under this
Act.
(2) Without limiting the generality of sub-
section (1) a governing board may carry out
15 all or any of the following functions--
(a) provide facilities or services for study,
research or education;
(b) undertake research, development,
counselling or other services for
20 commercial organisations;
(c) aid or engage in the development or
promotion of research by the institution
or the application or use of the results
of that research;
25 (d) prepare, publish or distribute or license
the use of literary or artistic work,
audio or audio-visual material or
computer software;
(e) seek or encourage gifts to the
30 institution or for institution purposes;
(f) promote or assist drama, music or the
visual arts.
49. Powers of governing boards
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(1) A governing board has power to do all things
that are necessary or convenient to be done
for or in connection with or, as incidental to,
the performance of its functions including
5 any function delegated to it.
(2) Without limiting the generality of sub-
section (1) a governing board, for the
purpose of carrying out its functions under
section 48(2), may--
10 (a) with the prior written approval of the
Minister, be a member of a company,
association, trust or partnership;
(b) with the prior written approval of the
Minister, form or participate in the
15 formation of a company, association,
trust or partnership;
(c) enter into a joint venture with another
person or persons.
49A. Accountability of governing boards
20 (1) A governing board must perform its
functions and exercise its powers subject
to--
(a) a performance agreement; and
(b) any economic or social objectives or
25 industrial relations policies established
from time to time by the Government of
Victoria; and
(c) any Order in Council made under
section 47; and
30 (d) any other requirements of this Act.
(2) A governing board must establish and keep
full and complete books and accounts of all
money received and paid by the board and
must arrange for a continuous audit of the
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income and expenditure to be made at any
intervals not exceeding one month that the
Minister directs.
(3) The books and accounts referred to in sub-
5 section (2) must be kept in the form and
manner approved by the Auditor-General.
49B. Board membership
(1) An Order in Council under section 47 must
provide for a governing board consisting of
10 not less than 9 and not more than 15 persons
of whom--
(a) not less than one half must be
appointed by the Minister;
(b) one must be a staff member of the
15 institution elected by staff of the
institution;
(c) one must be a student of the institution
elected by students of the institution;
(d) one must be the director of the
20 institution;
(e) the remaining members must be
persons with knowledge of or
experience in the community or any
industry served by the institution or in
25 adult, community and further education
or with special skills or knowledge
relevant to the governing board
appointed by the governing board by
co-option.
30 (2) A person who is a member of Parliament
must not be appointed or elected to be a
member of a governing board.
49C. Terms and conditions of office of members
(1) The office of a member becomes vacant if--
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(a) the member becomes bankrupt; or
(b) the member is found guilty of an
offence which is, or which would if
committed in Victoria be, an indictable
5 offence; or
(c) the member is absent from
3 consecutive meetings of the
governing board without the leave of
the Chairperson; or
10 (d) the member becomes a represented
person within the meaning of the
Guardianship and Administration
Act 1986.
(2) A member must in the exercise of his or her
15 functions--
(a) act honestly; and
(b) exercise reasonable care and diligence;
and
(c) not make improper use of any
20 information acquired as a member of a
governing board; and
(d) disclose to the governing board any
conflict of interest or duties except
those arising directly out of the person's
25 qualification for membership of a
governing board.
(3) The Minister may remove a member
appointed by the Minister under section
49B(1)(a) from office at any time.
30 (4) The Minister may remove a member elected
or appointed to a governing board under
section 49B(1)(b), (c) or (e)--
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(a) on the recommendation of two thirds of
the members for the time being of the
governing board; or
(b) on the recommendation of the Adult,
5 Community and Further Education
Board.
(5) The Adult, Community and Further
Education Board must not make a
recommendation under sub-section (4)(b)
10 unless--
(a) the Adult, Community and Further
Education Board has requested the
governing board to recommend the
removal of a member and the governing
15 board has not made a recommendation
within 30 days of the request; and
(b) the Adult, Community and Further
Education Board is satisfied that the
member failed to comply with any
20 requirement of sub-section (2); and
(c) the Adult, Community and Further
Education Board has given the member
an opportunity to submit an explanation
in relation to the alleged failure.
25 49D. Proceedings of governing boards
(1) Subject to this Act and any Order in Council
made under section 47 relating to the
governing board of an adult education
institution, the governing board may regulate
30 its own proceedings.
(2) The governing board may permit members to
participate in a particular meeting, or all
meetings, by telephone, closed circuit
television or other means of communication.
35 49E. Reserve powers of Minister
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(1) If the Minister is satisfied that the governing
board of an institution--
(a) is inefficiently or incompetently
managing the institution; or
5 (b) is failing to comply with its
performance agreement; or
(c) has failed to comply with any provision
of this Act, a guideline issued by the
Minister under Part 2 or any directions
10 given to the governing board by the
Minister under this Part or an Order in
Council establishing the governing
board--
the Minister may do any one or more of the
15 following--
(d) issue written directions to the
governing board about--
(i) action to be taken to remedy
inefficient or incompetent
20 management, which may include
the dismissal of the institution's
director; or
(ii) compliance with a performance
agreement; or
25 (iii) compliance with the Act,
guidelines, directions or an Order
in Council;
(e) censure the governing board in
accordance with section 49F;
30 (f) recommend that the Governor in
Council dismiss the members of the
governing board and appoint new
members of the governing board and
make arrangements for the elections for
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elected members of the governing
board;
(g) recommend to the Governor in Council
that an administrator of the institution
5 be appointed in accordance with
sections 49F and 49G.
(2) If the Minister is satisfied that a governing
board has failed to comply with a direction
given under sub-section (1)(d) the Minister
10 may do any one or more of the things
specified in sub-section (1)(e), (f) and (g).
49F. Notice of proposal
(1) If the Minister proposes to exercise his or
her powers under section 49E, the
15 Minister--
(a) must give the governing board notice in
writing of the proposal and the reasons
for the proposal; and
(b) must consider any submissions whether
20 oral or in writing made to the Minister
by the governing board within 7 days
after the giving of the notice or any
further time specified in the notice; and
(c) may consider any other submissions
25 and any matters the Minister considers
appropriate--
before deciding whether or not to exercise
the power.
(2) If the Minister decides to censure or dismiss
30 a governing board or appoint an
administrator to the governing board, the
Minister must--
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(a) give notice in writing of the censure,
dismissal or appointment to the
governing board; and
(b) cause to be tabled in each House of
5 Parliament within 7 sitting days of the
House after the notice is given to the
governing board--
(i) a copy of the notice; and
(ii) a report of the circumstances
10 leading to the action; and
(iii) a copy of any written submission
made by the governing board.
49G. Appointment of administrator
(1) If the Minister decides to recommend the
15 appointment of an administrator, the
Governor in Council, on the
recommendation of the Minister, may
appoint an administrator of the institution for
the period and subject to the terms and
20 conditions that are specified in the
appointment.
(2) An administrator of an institution appointed
under this section has and may exercise all
the powers and is subject to all the duties of
25 the governing board of the institution and the
director of the institution.
(3) On the appointment of an administrator, the
members of the governing board cease to
hold office.
30 (4) The Minister must review the appointment of
an administrator within 12 months after the
appointment.
21
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(5) If the Minister recommends to the Governor
in Council that the appointment of the
administrator should be revoked, the
Governor in Council may by notice
5 published in the Government Gazette declare
that the appointment will be revoked on the
date specified in the notice, being a date not
less than 28 days after the publication of the
notice.
10 (6) If a notice is published under sub-section (5)
in relation to an institution--
(a) members of the governing board of the
institution shall be elected or appointed
in accordance with this Part; and
15 (b) on the date specified in the notice--
(i) the appointment of the
administrator is revoked; and
(ii) the governing board of the
institution is re-established.
20 49H. Saving of acts of board
Nothing done by a governing board is in any
way abated or affected by the dismissal of
the governing board or the appointment of an
administrator under section 49F or 49G.
25 49I. Employment of staff
(1) Subject to any direction given by the
Minister under section 10, a governing
board--
(a) must employ an institution director; and
30 (b) may employ such other staff as is
necessary to enable the governing
board to perform its functions and
exercise its powers.
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(2) A governing board, in employing persons
under this section, does not represent the
Crown.
(3) A governing board may, by instrument under
5 its common seal, delegate to the institution
director any power of the board under this
section, other than this power of delegation.
49J. Minister may object to director appointment
(1) Before appointing a person as institution
10 director a governing board must notify the
Minister in writing of the proposal to make
the appointment.
(2) The Minister may, within 10 days after
receiving that notification and after
15 considering the governing board's proposal,
give to the governing board notice in writing
of his or her objection to the proposed
appointment.
(3) A governing board must not appoint a person
20 as an institution director if the Minister has
objected to the appointment in accordance
with sub-section (2).
49K. Staff conditions
A governing board may determine terms and
25 conditions of employment of persons
employed under section 49I to the extent that
those terms and conditions are not
determined or agreed in accordance with
Part 6.
30 49L. Institution directors
An institution director--
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(a) is the chief executive officer of the
governing board; and
(b) is responsible for the day to day
administration and management of the
5 institution in accordance with any
policies or directions of the governing
board of the institution and with the
requirements of this Act; and
(c) must satisfy the governing board that--
10 (i) funds are spent; and
(ii) staff are carrying out functions;
and
(iii) the institution is generally
managed and administered--
15 in accordance with the requirements of this
Act.".
12. New Part 6 inserted
After Part 5 of the Principal Act insert--
'PART 6--TRANSITIONAL PROVISIONS FOR
20 NEW ADULT EDUCATION INSTITUTIONS
Division 1--Preliminary
53. Extra-territorial operation of this Part
It is the intention of the Parliament that the
operation of this Part should, as far as
25 possible, include operation in relation to the
following--
(a) land situated outside Victoria, whether
in or outside Australia;
(b) things situated outside Victoria,
30 whether in or outside Australia;
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(c) acts, transactions and matters done,
entered into or occurring outside
Victoria, whether in or outside
Australia;
5 (d) things, acts, transactions and matters
(wherever situated, done, entered into
or occurring) that would, apart from
this Division, be governed or otherwise
affected by the law of the
10 Commonwealth, another State, a
Territory or a foreign country.
Division 2--Transfer of staff of AMES
54. Definition
In this Division--
15 "relevant date" means the date on which an
Order in Council made under section 47
establishes the Board of AMES as a
body corporate to be the governing
board of Adult Multicultural Education
20 Services.
55. Determination of staff to be transferred
The Minister must designate in writing the
officers and employees of the public service
and the teaching service who are employed
25 in the Department of Education,
Employment and Training in the
administration or provision of adult
multicultural education services who are to
become employees of the Board of AMES
30 under section 56.
56. Transfer of staff
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(1) On and from the relevant date, any officer or
employee designated under section 55--
(a) is deemed to be employed by the Board
of AMES with effect from that date;
5 and
(b) is employed on the same terms and
conditions as those that applied to the
person, immediately before that date, as
an officer or employee of the public
10 service or the teaching service; and
(c) retains any entitlement to leave accrued
or accruing to that person immediately
before that date; and
(d) ceases to be an officer or employee of
15 the public service or the teaching
service.
(2) The service of an employee of the Board of
AMES is to be regarded for all purposes as
having been continuous with the service of
20 the person in the public service or the
teaching service, immediately before the
relevant date, as an officer or employee of
the public service or teaching service.
(3) A person whose employment is transferred
25 under this Division is not entitled to receive
any payment or other benefit by reason only
of having ceased to be an officer or
employee of the public service or teaching
service because of this Division.
30 (4) A certificate purporting to be signed by the
Director of AMES certifying that a person
named in the certificate was, with effect
from the relevant date, employed, by virtue
of this section by the Board of AMES is
35 admissible in evidence in any proceedings
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and is conclusive proof of the matters stated
in it.
57. Superannuation
(1) A person whose employment is transferred
5 by this Division and who, immediately
before being employed by the Board of
AMES, was a contributor to or member of a
superannuation fund or arrangement
established by the State Superannuation
10 Act 1988 continues, subject to that Act, to be
a contributor to or member of that fund or
arrangement for so long as he or she is
employed by the Board of AMES.
(2) The terms and conditions of a
15 superannuation fund or arrangement to
which a person continues to contribute or of
which he or she continues to be a member by
virtue of sub-section (1) apply to that person,
for so long as he or she is employed by the
20 Board of AMES as if there had been no
change of employer.
58. Future terms and conditions of transferred
employees
Nothing in section 56 prevents--
25 (a) any of the terms and conditions of
employment of any officer or employee
designated under section 55 from being
altered by or under any law, award or
agreement with effect from any time
30 after the relevant date; or
(b) an officer or employee designated
under section 55 from resigning, or the
termination of employment of such an
officer or employee, at any time after
35 the relevant date in accordance with the
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then existing terms and conditions of
the person's employment by the Board
of AMES.
59. Savings for Director of AMES
5 (1) A person who, immediately before the
relevant date, held office as the Director of
AMES in the Department of Education
Employment and Training is deemed to be
appointed to the office of Director of AMES
10 subject to the terms and conditions of that
appointment immediately before the relevant
date.
(2) Section 49J does not apply to the
appointment under sub-section (1).
15 Division 3--Transfer of property, rights and
liabilities of Council of Adult Education
60. Definitions
In this Division--
"Council of Adult Education" means the
20 Council of Adult Education established
under the Council of Adult Education
Act 1981;
"relevant date" means the date on which an
Order in Council made under section 47
25 establishes the Board of the Centre for
Adult Education as a body corporate to
be the governing board of the Centre
for Adult Education.
61. Property rights and liabilities transferred to
30 Board of Centre for Adult Education
On the relevant date--
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(a) the Council of Adult Education
established under the Council of Adult
Education Act 1981 is dissolved;
(b) the members of the Board of the
5 Council of Adult Education established
under that Act go out of Office;
(c) all property and rights of the Council of
Adult Education vest in the Board of
the Centre for Adult Education;
10 (d) all liabilities of the Council of Adult
Education become liabilities of the
Board of the Centre for Adult
Education;
(e) the Board of the Centre for Adult
15 Education becomes the successor in
law of the Council of Adult Education
in relation to all the property, rights and
liabilities of the Council of Adult
Education that were in existence
20 immediately before the relevant date;
(f) all contracts, deeds, bonds, agreements,
arrangements, guarantees and other
instruments (including contracts,
agreements or arrangements relating to
25 the members of staff of the Council)
made or entered into by, on behalf of,
or in relation to the Council or its
Board and in force immediately before
the relevant date have effect as if made
30 or entered into by, on behalf of, or in
relation to, the Centre or its Board;
(g) all actions, claims, arbitrations,
applications and other proceedings
(including proceedings on appeal or
35 review) pending or existing
immediately before the relevant date
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by, against, or in relation to the Council
or its Board have effect as if they were
proceedings by, against, or in relation
to the Board, and may be continued and
5 completed accordingly;
(h) any permit, licence or authority of any
kind issued or granted to the Council of
Adult Education or its Board by or
under any Act continues to operate in
10 favour of the Centre for Adult
Education and its Board in the same
way and to the same extent as it
operated in favour of the Council or its
Board;
15 (i) all records and documents of the
Council of Adult Education or its Board
become the property of the Board of the
Centre for Adult Education;
(j) the Board of the Centre for Adult
20 Education is substituted for the Council
of Adult Education as a party in any
proceedings, contract, agreement or
arrangement commenced or made by or
against or in relation to the Council of
25 Adult Education;
(k) the Board of the Centre for Adult
Education may continue and complete
any other continuing matter or thing
commenced by or against or in relation
30 to the Council of Adult Education;
(l) any reference to the Council of Adult
Education in--
(i) an Act other than this Act; or
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(ii) a subordinate instrument within
the meaning of the Interpretation
of Legislation Act 1984; or
(iii) any document whatever--
5 must so far as it relates to any period on
or after the relevant date, and if not
inconsistent with the context or subject-
matter, be taken to be a reference to the
Board of the Centre for Adult
10 Education.
62. Gifts etc.
If--
(a) before or after the relevant date--
(i) a gift, disposition or trust of
15 property is made or declared or is
deemed to have been made or
declared; or
(ii) a trust fund is created--
(whether by deed, will or otherwise) to,
20 in favour of, for the use of, or for the
purposes of, the Council of Adult
Education; and
(b) the gift, disposition, trust or trust fund
takes effect, or may take effect, or the
25 trust fund may be applied, on or after
the relevant day--
the gift, disposition, trust or trust fund does
not fail only because of the provisions of this
Act, but, in relation to any other matter
30 occurring on or after the relevant day--
(c) in the case of a gift, disposition or trust
of property, takes effect as if made or
declared to or in favour of the Centre
for a purpose of the Centre that
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corresponds with, or is similar to, those
purposes of the Council for which it
was made or declared; or
(d) in the case of a trust fund, may be
5 applied as if created in favour of the
Centre for a purpose of the Centre that
corresponds with, or is similar to, those
purposes of the Council for which the
fund was created.
10 63. Staff of the Council
(1) On the relevant date, the person who,
immediately before that date, held office as
the Director of the Council of Adult
Education under section 14 of the Council of
15 Adult Education Act 1981 becomes the
Director of the Centre for Adult Education
subject to his or her term of appointment
under section 14 of the Council of Adult
Education Act 1981.
20 (2) On the relevant date, any other person who,
immediately before that date, was an officer
or employee of the Council of Adult
Education under section 14 of the Council of
Adult Education Act 1981 becomes a
25 member of the staff of the Centre.
(3) A person who becomes a member of the staff
of the Centre under this section--
(a) is a member of the staff of the Centre
employed on the same terms and
30 conditions as those that applied to the
person immediately before the relevant
date as a member of staff of the
Council;
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(b) continues to have the benefit of all
entitlements (including all entitlements
arising from recognition of prior
service with other bodies) accrued in
5 respect of the person's employment by
the Council before the relevant date;
(c) if the person was, immediately before
the relevant date, an officer within the
meaning of the State Superannuation
10 Act 1988, the person continues, subject
to that Act, to be such an officer while
he or she continues as a member of the
staff of the Centre.
(4) The service of a person who becomes a
15 member of the staff of the Centre under this
section is to be regarded for all purposes as
having been continuous with the service of
the person with the Council of Adult
Education, immediately before the relevant
20 date, as an employee of the Council of Adult
Education.
(5) A person whose employment is transferred
under this Division is not entitled to receive
any payment or other benefit by reason only
25 of having ceased to be an employee of the
Council of Adult Education because of this
Division.
(6) Section 49J does not apply to the
appointment under sub-section (1).
30 64. Land of the Council
On the relevant date, the property and rights
of the Council of Adult Education in the land
described in the folios of the Register set out
below vests in the Board of the Centre for
35 Adult Education, subject to any conditions,
covenants, encumbrances, caveats,
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limitations, exceptions, reservations,
restrictions and rights to which they were
subject immediately before so vesting.
Volume Folio
3229 797
3766 144
9264 559
9408 388
65. Amendment of the Register
5 The Registrar of Titles, on being requested to
do so and on delivery of any relevant
certificate of title or instrument, must make
any amendments in the Register that are
necessary because of the operation of this
10 Division.
66. Taxes
No stamp duty or other tax is chargeable
under any Act in respect of anything effected
by or done under this Division or in respect
15 of any act or transaction connected with or
necessary to be done by reason of this
Division, including a transaction entered into
or an instrument made, executed, lodged or
given.'.
20 13. New Schedule inserted
At the end of the Principal Act insert--
"SCHEDULE
ADULT EDUCATION INSTITUTIONS
Adult Multicultural Education Services
25 Centre for Adult Education.".
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14. Repeals
(1) The Council of Adult Education Act 1981 is
repealed.
(2) The Employment Agents Act 1983 is repealed.
5
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ENDNOTES
By Authority. Government Printer for the State of Victoria.
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Training and Further Education Acts (Amendment) Act 2000
Endnotes
Act No.
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