TAFE Queensland Act 2013

This Act may be cited as the TAFE Queensland Act 2013.

This Act commences on a day to be fixed by proclamation.

The dictionary in schedule 1 defines particular words used in this Act.

In this Act—

a reference to a function includes a reference to a power; and

a reference to performing a function includes a reference to exercising a power.

TAFE Queensland is established.

TAFE Queensland—

is a body corporate; and

has a common seal; and

may sue and be sued in its corporate name.

TAFE Queensland represents the State.

Without limiting subsection (1), TAFE Queensland has the status, privileges and immunities of the State.

TAFE Queensland is—

a statutory body under the Financial Accountability Act 2009 (the FA Act); and

a statutory body under the Statutory Bodies Financial Arrangements Act 1982 (the SBFA Act).

The SBFA Act, part 2B sets out the way in which TAFE Queensland’s powers under this Act are affected by the SBFA Act.

TAFE Queensland has the following functions—

to provide vocational education and training services;

to provide further education, and other forms of education, to support and complement the provision of vocational education and training services;

to produce and sell vocational education and training products;

to prepare, publish, distribute or license the use of literary or artistic work, audio or audiovisual material, or computer software;

to undertake research and development on matters relating to its functions;

to contribute to and actively engage with industry on matters relating to its functions;

to exploit commercially TAFE Queensland’s resources, including any study, research or knowledge or the practical application of any study, research or knowledge;

to report to the Minister on the performance of its functions;

to advise and make recommendations to the Minister about matters relevant to the performance of its functions and any other matters referred to it by the Minister;

any other functions given to it under an Act.

TAFE Queensland is to perform its functions—

in a way that is efficient, effective and responsive to the needs of industry, students and the general community; and

on a not-for-profit basis.

The key objective of TAFE Queensland is to be efficient and effective in performing its functions.

Subject to section 8(2)(b), it is also an objective of TAFE Queensland to be commercially successful in performing its functions.

The commercial success, efficiency and effectiveness of TAFE Queensland is to be measured against its financial and non-financial performance targets stated in its operational plan.

TAFE Queensland has all the powers of an individual, and may, for example—

enter into contracts or agreements; and

acquire, hold, deal with, and dispose of, property; and

appoint agents and attorneys; and

engage consultants and researchers; and

charge a fee for services and other facilities it supplies; and

do anything else necessary or convenient to be done in performing its functions.

TAFE Queensland may perform its functions inside and outside Queensland, including outside Australia.

A board is established as the governing body of TAFE Queensland.

The board consists of the following persons appointed by the Governor in Council—

1 nominee of the Minister;

at least 6 but no more than 8 persons who are eligible for appointment as a member under section 14.

At least 1 member of the board must be an Aboriginal person or Torres Strait Islander.

The members are appointed under this Act and not the Public Sector Act 2022.