EDUCATION AND TRAINING REFORM ACT 2006 - SECT 3.1.26AA Establishment of a board of a TAFE institute to govern both the institute and an adult education institution

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 3.1.26AA

    (1)     If the board of a TAFE institute is established in accordance with an Order in Council made under section 3.1.11(2)(c) to oversee and govern a TAFE institute and an adult education institution—

        (a)     the Order in Council may make provision for or with respect to any matter of a consequential, transitional or savings nature consequent on the overseeing and governance of the institute and the institution by the board; and

        (b)     the Order in Council may make provision for the board to make rules for the governance of the institute and the institution; and

        (c)     the Order in Council may make provision or further provision for or with respect to the objectives, powers, duties or functions of the institution; and

        (d)     the board has all the functions, powers and duties—

              (i)     of the board of a TAFE institute under this Act; and

              (ii)     of the governing board of an adult education institution under this Act; and

              (iii)     set out in any Order in Council or Ministerial Order made under section 3.1.11—

in respect of its respective roles in relation to the institute and the institution; and

        (e)     the Order in Council may make provision for the board to delegate any of its powers and functions as the governing board of an adult education institution under this Act (except any powers delegated to it under this Act) to the chief executive officer of the institute, a person employed at the institution or to a committee established by or under an Order in Council relating to the governing board; and

S. 3.1.26AA

(1)(f) amended by No. 31/2018 s. 51.

        (f)     any reference to the governing board or to the governing board of an adult education institution in sections 3.3.34B, 3.3.34C, 3.3.35, 3.3.36, 3.3.37 and 3.3.38 is taken to be a reference to the board; and

        (g)     the person employed by the institute as the chief executive officer of the institute is taken to be employed by the institution as the chief executive officer of the institution and has all the functions, powers and duties of the chief executive officer of the institution under Division 5 of Part 3.3.

    (2)     Despite the establishment of a board of a TAFE institute in accordance with an Order in Council made under section 3.1.11(2)(c) to oversee and govern a TAFE institute and an adult education institution, nothing affects—

        (a)     the continuity of the institute or the institution; or

        (b)     the name of the institute or the institution unless it is changed in the Order in Council; or

        (c)     the separate application or operation of the objectives, functions, powers or duties conferred by or under this Act on—

              (i)     the institute; or

              (ii)     the institution; or

              (iii)     the board of the institute in relation to the institute; or

              (iv)     the board of the institute in relation to the institution.

S. 3.1.26AB inserted by No. 31/2018 s. 40.