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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 6.1.34 Transitional and savings provisions—the Education and Training Reform Amendment (Dual Sector Universities) Act 2013

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 6.1.34

Transitional and savings provisions—the Education and Training Reform Amendment (Dual Sector Universities) Act 2013

    (1)     Despite the amendments made to section 5.2.9A by section 11 of the amending Act, a delegation made under section 5.2.9A(1) to the members of the council of a university or a delegation made under section 5.2.9A(2) to a person employed on the staff of a university before the commencement of section 11 of the amending Act

        (a)     continues to have the same force and effect; and

        (b)     is taken to have been made under section 5.2.9A as amended by section 11 of the amending Act.

    (2)     Section 3.1.25(3) continues to apply to an employee referred to in that section as if sections 1.1.3(1) and 3.1.25 had not been amended by the amending Act.

Note

An employee referred to in section 3.1.25(3) has continuing employment entitlements under the Vocational Education and Training (College Employment) Act 1993 .

    (3)     The amendments made to sections 1.1.3(1) and  3.1.25 and clause 1 of Schedule 3 by sections 3, 6 and 16 of the amending Act do not affect any entitlement of a person that existed under section 3.1.25 and clause 1 of Schedule 3 immediately before the commencement of sections 3, 6 and 16 of the amending Act.

    (4)     A person—

        (a)     who immediately before the commencement of section 16(4) of the amending Act was employed in a university with a TAFE division, including as an executive officer, by the council of that university; and

Note

Before the commencement of section 16(4) of the amending Act the term university with a TAFE division meant the University of Ballarat, Royal Melbourne Institute of Technology, Swinburne University of Technology or Victoria University.

        (b)     to whom the terms and conditions of a superannuation fund or arrangement established by the State Superannuation Act 1988 continue to apply under section 21 of the Vocational Education and Training (College Employment) Act 1993 or clause 1 of Schedule 3—

is taken to be a contract officer as defined in section 3(1) of the Superannuation (Public Sector) Act 1992 for the purposes of section 12 of that Act—

        (c)     if the person was employed as an executive officer, while the person continues to be employed as an executive officer by the council of a dual sector university;

        (d)     if the person was not employed as an executive officer but after the commencement of section 16(4) of the amending Act the person is subsequently employed as an executive officer by the council of a dual sector university, while the person is so employed.

    (5)     For the purposes of subsections (2) and (4), the Vocational Education and Training (College Employment) Act 1993 is to be read as if a reference in section 20 or 21 of that 1993 Act to the Technical and Further Education Division of Royal Melbourne Institute of Technology, of Swinburne University of Technology or of Victoria University of Technology were a reference to a dual sector university.

    (6)     In this section, "amending Act" means the Education and Training Reform Amendment (Dual Sector Universities) Act 2013 .

S. 6.1.35 inserted by No. 19/2014 s. 14.