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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 6.1.32 Transitional and savings provisions—the Education Legislation Amendment (Governance) Act 2012

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 6.1.32

Transitional and savings provisions—the Education Legislation Amendment (Governance) Act 2012

    (1)     On and from the commencement day a TAFE institute in existence before that day continues in operation and is taken—

        (a)     to be constituted as a body corporate under Division 2 of Part 3.1; and

        (b)     to have the objectives, functions and powers of a TAFE institute as if it were constituted under Division 2 of Part 3.1.

    (2)     On and from the commencement day the board of a TAFE institute that was incorporated immediately before the commencement day ceases to be an incorporated body.

    (3)     On and from the commencement day

        (a)     all rights, assets, liabilities and obligations of the board of a TAFE institute as an incorporated body that existed before the commencement day become rights, assets, liabilities and obligations of the TAFE institute; and

        (b)     any fund referred to in clause 13 of Schedule 2 established in the name of the board of a TAFE institute as an incorporated body before the commencement day is taken to be a fund established in the name of the TAFE institute; and

        (c)     the TAFE institute is substituted for the board of that TAFE institute as a party in any proceeding, contract, agreement or arrangement commenced or made by, against or in relation to the board as an incorporated body; and

        (d)     the TAFE institute may continue and complete any other continuing matter or thing commenced by, against or in relation to the board of that institute; and

        (e)     a person employed by the board of a TAFE institute as an incorporated body that existed before the commencement day is taken—

              (i)     to have been employed by the institute on the same terms and conditions as those that applied to the person immediately before the commencement day as an employee of the board; and

              (iii)     to have accrued an entitlement to benefits, in connection with the employment with the institute, that is equivalent to the entitlement that the person had accrued as an employee of the board immediately before the commencement day; and

        (f)     the service of a person taken under paragraph (e) to be employed by the institute is taken for all purposes as having been continuous with the service of the person, immediately before the commencement day, as an employee of the board; and

        (g)     in an Act, a subordinate instrument or any other document, a reference to the board of a TAFE institute as an incorporated body is taken to be a reference to the TAFE institute except in relation to matters that occurred before the commencement day.

    (4)     Despite the commencement of Part 4 of the amending Act

        (a)     an Order in Council made or taken to be made under section 3.1.12 relating to the board of a TAFE institute, which was in force immediately before the commencement day, continues in operation, subject to this Act, until it is remade under section 3.1.11 in accordance with subsection (5); and

        (b)     the board of a TAFE institute that was incorporated immediately before the commencement day is taken to be the same body, subject to this Act, after the commencement day as it was immediately before the commencement day; and

        (c)     a person who immediately before the commencement day held office as a director of the board of a TAFE institute referred to in paragraph (b), including the chief executive officer of the institute and any elected member, continues to hold office as a director of that board, subject to this Act and the relevant Order in Council continued under paragraph (a), until the Order in Council is remade in accordance with subsection (5).

    (5)     The Minister must ensure that within 12 months after the commencement day, or within any further period or periods fixed by the Minister in respect of a particular TAFE institute or board of a TAFE institute and published by notice in the Government Gazette, every Order in Council continued in operation under subsection (4)(a) is reviewed and remade.

    (6)     In this section—

"amending Act" means the Education Legislation Amendment (Governance) Act 2012 ;

"commencement day" means the day on which Part 4 of the amending Act comes into operation.

S. 6.1.33 inserted by No. 73/2012 s. 33.