EDUCATION AND TRAINING REFORM ACT 2006 - SCHEDULE 2

EDUCATION AND TRAINING REFORM ACT 2006 - SCHEDULE 2

Schedule 2—General provisions for authorities

Sections 2.5.8, 2.6.61, 3.1.17,

3.3.11, 3.3.39 and 4.2.5

        1     Definitions

In this Schedule—

Sch. 2 cl. 1 def. of authority amended by Nos 73/2012 s. 8(6), 32/2021 s. 7(1), 32/2022 s. 55(1).

"authority" means any of the following bodies—

        (a)     the Victorian Curriculum and Assessment Authority;

        (b)     the Council of the Victorian Institute of Teaching;

        (c)     the Victorian Registration and Qualifications Authority;

        (d)     the Adult, Community and Further Education Board;

        (e)     the Board of AMES Australia;

        (f)     the Victorian Academy of Teaching and Leadership;

        (g)     the board of a TAFE institute;

"member" means a member of an authority.

        2     Terms and conditions of appointment of members

    (1)     An appointed member holds office for the term, not exceeding 3 years, that is specified in the instrument of appointment, and is eligible for re‑appointment.

Sch. 2 cl. 2(2) repealed by No. 19/2014 s. 33, new Sch. 2 cl. 2(2) inserted by No. 69/2015 s. 9.

    (2)     An elected member holds office for up to 3 years and is eligible to stand for re-election except as provided in any Order establishing the authority.

    (3)     The office of an appointed member becomes vacant if—

        (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 offence; or

        (c)     the member is absent from 3 consecutive meetings of the Authority without the leave of the chairperson, or in the case of the chairperson without the Minister's leave.

    (4)     A member must in the exercise of his or her functions—

        (a)     act honestly; and

        (b)     exercise reasonable care and diligence; and

        (c)     not make improper use of any information acquired as a member of the authority; and

        (d)     disclose to the authority any conflict of interest or duties except those arising directly out of the person's qualification for membership of the authority.

    (5)     A member is appointed subject to any other terms and conditions that are specified in the instrument of appointment and that are not inconsistent with this Act.

        3     Payment of members

Sch. 2 cl. 3(1) amended by No. 58/2007 s. 46(1)(a).

    (1)     A member or acting member of an authority, other than a member who holds a full-time Government office, or a full-time position in the public service, teaching service or with a statutory authority (other than a university) is entitled to receive the remuneration and fees that are fixed in the member's instrument of appointment or are fixed from time to time by the Governor in Council for that member.

    (2)     Each member or acting member of an authority is entitled to receive the personal and travelling expenses that are fixed in the member's instrument of appointment or are fixed from time to time by the Governor in Council.

Sch. 2 cl. 3(3) amended by Nos 58/2007 s. 46(1)(b), 39/2012 s. 51(1), 73/2012 s. 24(1).

    (3)     Despite subclauses (1) and (2), a director of a TAFE institute board, other than a member who holds a full-time Government office, or a full-time position in the public service, teaching service or with a statutory authority (other than a university), is to be paid the remuneration, fees and allowances that are fixed from time to time by the Minister.

Sch. 2 cl. 3(4) amended by No. 58/2007 s. 46(1)(c), substituted by No. 39/2012 s. 51(2), amended by Nos 73/2012 s. 24(2), 32/2022 s. 55(2).

    (4)     Despite subclauses (1) and (2), a member of the Board of AMES Australia, other than a member who holds a full-time Government office, or a full-time position in the public service, teaching service or with a statutory authority (other than a university), is to be paid the remuneration, fees and allowances that are fixed from time to time by the Minister.

Sch. 2 cl. 3(5) amended by No. 58/2007 s. 46(1)(d), repealed by No. 73/2012 s. 24(3).

    *     *     *     *     *

        4     Acting appointments

Sch. 2 cl. 4(1) amended by No. 28/2010 s. 20(1).

    (1)     The Minister may appoint a person to act in the place of a member, including a chairperson, who is absent or who is, for any other reason, unable to perform the duties of the office.

Sch. 2 cl. 4(2) amended by Nos 28/2010 s. 20(2), 73/2012 s. 8(7), 32/2022 s. 59.

    (2)     If there is a vacancy in the office of a member (including a chairperson) of the Victorian Curriculum and Assessment Authority, the Adult, Community and Further Education Board, the Victorian Registration and Qualifications Authority or the Victorian Academy of Teaching and Leadership, the Minister may appoint a person to act in the place of that member until the vacancy is filled.

    (3)     A person appointed under subclause (1) or (2)—

        (a)     has all the powers and may perform all the duties of the member for whom he or she is acting;

        (b)     is entitled to the remuneration and allowances (if any) to which the member for whom he or she is acting would have been entitled for performing those duties;

        (c)     subject to this clause, is subject to the same terms and conditions of appointment as the member for whom he or she is acting.

    (4)     This clause does not apply to the Victorian Institute of Teaching.

Note to Sch. 2 cl. 4 inserted by No. 42/2016 s. 13.

Note

The Minister may appoint a person under section 2.6.64 to act in the place of a member of the Council of the Victorian Institute of Teaching.

        5     Meetings of authority

    (1)     Meetings of the authority are to be held at the times and places determined by the authority or directed by the chairperson of the authority.

    (2)     The chairperson must preside at any meeting of the authority at which he or she is present.

    (3)     If the chairperson and any person nominated by the chairperson to act in the chairperson's absence is absent, a member elected by the members present must preside.

    (4)     A majority of the members in office at the time constitutes a quorum for a meeting of the authority.

    (5)     A question arising at a meeting of the authority must be determined by a majority of votes of the members present and voting on that question and, if the votes are equal, the person presiding has a casting vote as well as a deliberative vote.

Sch. 2 cl. 5(6) repealed by No. 31/2018 s. 65(7).

    *     *     *     *     *

    (7)     The authority must keep a record of the decisions and full and accurate minutes of its meetings.

    (8)     Subject to this Act, the authority may regulate its own meeting procedure.

        6     Member's interests

    (1)     A member who has a pecuniary or other interest in any matter in which the authority is concerned must—

        (a)     if the member is present at a meeting of the authority at which the matter is to be considered, disclose the nature of the interest immediately before the consideration of that matter; or

        (b)     if the member is aware that the matter is to be considered at a meeting of the authority at which the member does not intend to be present, disclose the nature of the interest to the chairperson or deputy chairperson of the authority before the meeting is held.

    (2)     The member—

        (a)     may take part in the discussion in the meeting; and

        (b)     must leave the meeting while any vote is taken on a question relating to the matter.

        7     Resolutions without meetings

    (1)     If—

        (a)     the authority has taken reasonable steps to give notice to each member setting out the terms of a proposed resolution; and

        (b)     a majority of the members for the time being sign a document containing a statement that they are in favour of the resolution in the terms set out in the document—

a resolution in those terms is deemed to have been passed at a meeting of the authority held on the day on which the document is signed or, if the members referred to in paragraph (b) do not sign it on the same day, on the day on which the last of those members signs the document.

    (2)     If a resolution is, under subclause (1), deemed to have been passed at a meeting of the authority, each member must as soon as practicable be advised of the matter and given a copy 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, are deemed to constitute one document.

    (4)     The majority of members referred to in subclause (1)(b) must not include a member who, because of clause 6, is not entitled to vote on the resolution.

        8     Approved methods of communication for authority

    (1)     If not less than two-thirds of the members of the authority for the time being holding office so agree, a meeting of the authority may be held by means of a method of communication, or by means of a combination of methods of communication, approved by the chairperson of the authority for the purposes of that meeting.

    (2)     For the purposes of this Act, a member of the authority who participates in a meeting held as permitted by subclause (1) is present at the meeting even if he or she is not physically present at the same place as another member participating in the meeting.

    (3)     This section—

        (a)     applies to a meeting or a part of a meeting;

        (b)     does not apply to a meeting conducted for the purposes of any disciplinary proceedings.

        9     Chief Executive's responsibilities

    (1)     A chief executive officer of the authority (by whatever name called) employed for the purposes of this Act is responsible to the authority for policy and operational matters and to the Secretary for budgetary, personnel and other administrative matters.

Sch. 2 cl. 9(2) amended by No. 32/2022 s. 55(2).

    (2)     This clause does not apply to the Board of AMES Australia, the Institute or the board of a TAFE institute.

        10     Establishment of committees

Sch. 2 cl. 10(1) amended by No. 58/2007 s. 46(2).

    (1)     An authority may, to facilitate its functioning, establish any committee and appoint members to it including any person who is not a member of the authority.

    (2)     A committee may exercise any power or perform any function delegated to it by the authority.

Sch. 2 cl. 11 (Heading) amended by No. 28/2010 s. 21.

Sch. 2 cl. 11 amended by Nos 58/2007 s. 46(2), 73/2012 s. 24(4) (ILA s. 39B(3)).

        11     Delegation of authority's power

    (1)     The authority may, by instrument under its common seal, delegate to the members of a committee established by the authority, a member of the authority, the chief executive officer of the authority, or to any other person employed in the Department or by the authority in the administration or execution of this Act any power of the authority, other than this power of delegation.

Sch. 2 cl. 11(2) inserted by No. 73/2012 s. 24(4), amended by No. 32/2022 s. 55(2).

    (2)     Subclause (1) does not apply to the Board of AMES Australia or to the board of a TAFE institute.

Sch. 2 cl. 11(3) inserted by No. 73/2012 s. 24(4), substituted byNo. 32/2022 s. 55(3).

    (3)     The Board of AMES Australia may, by instrument, delegate to the members of a committee established by the Board, a member of the Board, the chief executive officer of AMES Australia or to any other person employed in the Department or by AMES Australia in the administration or execution of this Act any power of the Board, other than this power of delegation.

Sch. 2 cl. 11(4) inserted by No. 73/2012 s. 24(4).

    (4)     The board of a TAFE institute may, by instrument, delegate to the members of a committee established by the board, a director of the board, the chief executive officer of the TAFE institute or to any other person employed in the Department or by the TAFE institute in the administration or execution of this Act any power of the board, other than this power of delegation.

        12     Effect of vacancy or defect

An act or decision of an authority is not invalid only because—

        (a)     of a vacancy in its membership; or

        (b)     of a defect or irregularity in the appointment or election of any of its members; or

        (c)     in the case of a presiding or acting member, the occasion for that person so presiding or acting had not arisen or had ceased.

        13     Authority Funds

    (1)     An authority continued in operation under this Act must continue to maintain any fund established in the name of the authority.

    (2)     There must be paid into the fund—

        (a)     any investment income received by the authority; and

        (b)     the proceeds of the sale of any investment made by the authority; and

        (c)     any fees or other money received by the authority.

    (3)     There must be paid out of the fund any payment that is authorised by the authority to be made out of the fund for or towards the costs and expenses of the exercise of powers or performance of functions by the authority.

Sch. 2 cl. 13(4) inserted by No. 73/2012 s. 24(5), amended by Nos 32/2021 s. 7(2), 32/2022 s. 55(4).

    (4)     This clause does not apply to the Victorian Academy of Teaching and Leadership, the Board of AMES Australia or to the board of a TAFE institute.

Sch. 2 cl. 13A (Heading) amended by No. 32/2022 s. 55(5).

Sch. 2 cl. 13A inserted by No. 73/2012 s. 24(6).

        13A     Funds of TAFE institutes and AMES Australia

    (1)     A TAFE institute must maintain any fund taken to be established in the name of the institute under section 6.1.32(3)(b).

Sch. 2 cl. 13A(2) amended by No. 32/2022 s. 55(6).

    (2)     AMES Australia must maintain any fund taken to be established in the name of AMES Australia under section 6.1.33(3)(b).

Sch. 2 cl. 13A(3) amended by No. 32/2022 s. 55(7)(a).

    (3)     There must be paid into a fund maintained by a TAFE institute or AMES Australia under this clause—

Sch. 2 cl. 13A(3)(a) amended by No. 32/2022 s. 55(7)(b).

        (a)     any investment income received by the institute or AMES Australia; and

Sch. 2 cl. 13A(3)(b) amended by No. 32/2022 s. 55(7)(b).

        (b)     the proceeds of the sale of any investment made by the institute or AMES Australia; and

Sch. 2 cl. 13A(3)(c) amended by No. 32/2022 s. 55(7)(b).

        (c)     any fees or other money received by the institute or AMES Australia.

Sch. 2 cl. 13A(4) amended by No. 32/2022 s. 55(7).

    (4)     There must be paid out of the fund maintained by a TAFE institute or AMES Australia under this clause any payment that is authorised by the institute or AMES Australia to be made out of the fund for or towards the costs and expenses of the exercise of powers or performance of functions by the institute or AMES Australia.

        14     Investment powers

Sch. 2 cl. 14 amended by No. 76/2013 s. 18(2)(b) (ILA s. 39B(3)).

    (1)     An authority has any of the investment powers that are conferred on it by the Borrowing and Investment Powers Act 1987 .

Sch. 2 cl. 14(2) inserted by No. 76/2013 s. 18(2)(b), amended by Nos 32/2021 s. 7(3), 32/2022 s. 55(8).

    (2)     This clause does not apply to the Victorian Academy of Teaching and Leadership, the Board of AMES Australia or to the board of a TAFE institute.