Tafe Sa Act 2025

This Act may be cited as the TAFE SA Act 2025.

This Act comes into operation on a day to be fixed by proclamation.

The object of this Act is to provide for TAFE SA—

to deliver high quality, responsive and industry relevant education and training that responds to the current and future needs of employers, aligns with the strategic priorities of the State, and strengthens the State's economic prosperity through the development of a skilled, adaptable workforce;

and

to ensure equitable access to education and training for all eligible South Australians that assists them to build the skills needed to contribute to the social, cultural, and economic life of their communities both now and in the future; and

to operate as an efficient, transparent, innovative and accountable public institution underpinned by strong governance, effective leadership, and a commitment to the public interest and educational excellence.

In this Act—

Board means the TAFE SA Board established under section 9;

business plan—see section 25;

Chief Executive means the person holding or acting in the office of Chief Executive of TAFE SA under section 16;

director means a member of the

Board;

statement of priority—see section 29;

TAFE SA grounds means all land owned or occupied by TAFE SA or of which TAFE SA has the care, control and management;

technical and further education means—

education and training recognised for the purposes of a law of the

Commonwealth or a law of the State as—

vocational education and training; or

higher education; or

other education and training in any academic, vocational or practical discipline including—

further education and skills training; or

short courses; or

higher education for providing graduates with access to employment or further tertiary study; or

education and skills training delivered through applied learning methods and approaches where the curriculum is informed by industry.

TAFE SA as established under the

TAFE SA Act 2012 continues in existence as a body corporate.

TAFE SA—

has perpetual succession and a common seal; and

is capable of suing and being sued; and

is an instrumentality of the Crown; and

holds its property on behalf of the Crown; and

has all the powers of an individual that are capable of being exercised by a body corporate; and

has the functions assigned or conferred by or under this or any other Act.

The functions of TAFE SA are—

to provide technical and further education in a manner that is efficient, effective and responsive to the needs of industry, students and the general community; and

to provide access to education and training to persons in metropolitan, non‑metropolitan, regional and remote areas;

and

to engage with Aboriginal and Torres Strait Islander peoples to provide training and education appropriate to address the needs of individuals and their communities; and

to provide education and skills training to persons that, if successfully completed or completed in conjunction with other training—

may result in a person obtaining a qualification that results in, or provides an opportunity for, the employment of that person;

and

may enable a pathway to further learning or training in the vocational education training or higher education sector; and

promotes lifelong learning in the community; and

to undertake or facilitate research in the State that relates to technical and further education for the benefit of the community;

and

to provide inclusive and culturally safe services and environments for students on TAFE SA grounds; and

to engage with the vocational education training sector; and

to provide consultancy or other services, for a fee or otherwise, in any area in which staff of TAFE SA have particular expertise developed (whether wholly or partly) in the course of, or incidentally to, the provision of technical and further education; and

to undertake or provide for the development or use, for commercial, community or other purposes, of any intellectual property, product or process created or developed (whether wholly or partly) in the course of, or incidentally to, the provision of technical and further education;

and

to develop, make and enforce rules and by‑laws relating to the administration or functions of TAFE SA in accordance with this Act;

and

to perform any other function assigned to TAFE SA by the Minister;

and

to perform any other functions conferred on TAFE SA by or under this or any other Act.

Without limiting subsection (1), TAFE SA may—

in providing technical and further education—

provide services at campuses and premises established for the purpose, at industry and commercial premises and elsewhere, whether within or outside the State; and

provide appropriate student support services to assist students in achieving their education and training outcomes; and

provide services to domestic and international students;

and

in order to provide students with practical training and experience—

establish or carry on an enterprise or activity, for commercial, community or other purposes, in which students are to participate;

and

provide for the participation of students, on such conditions as

TAFE SA thinks fit, in a commercial, community or other enterprise or activity carried on by some other person or body; and

provide scholarships or establish other schemes to assist students;

and

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

and

authorise the use of land, buildings, equipment, facilities or services used for technical and further education for commercial, community or other purposes for a fee or otherwise; and

make and enforce policies in relation to any matter associated with

TAFE SA; and

set and charge fees for goods and services and provide for the collection and waiver of such fees.

TAFE SA should, in the performance of its functions—

focus on excellence, and demonstrate integrity in all aspects of its functions and operations; and

be responsive to the needs of students, including through equitable practices that recognise diverse student needs; and

demonstrate quality and innovation in teaching, including through the application of leading and contemporary industry practices and standards;

and

focus on the success and impact of its operations on students, graduates, staff and the communities that it serves.

TAFE must perform its functions—

in the public interest having regard to its business plan and the objects of the Act; and

in an efficient and effective manner, including (if practicable) through shared use of its services, facilities and resources; and

having regard to prudential commercial practices.

TAFE SA has a proprietary interest in all official insignia.

A person must not, without the consent of TAFE SA—

assume a name or description that consists of, or includes, official insignia; or

assume a name or description that consists of, or includes, "TAFE" or "technical and further education" in circumstances in which it would be reasonably understood to indicate that the person is TAFE SA; or

in the course of a trade or business—

use an official title for the purpose of promoting the sale of services or the provision of benefits; or

sell goods marked with official insignia; or

use official insignia for the purpose of promoting the sale of goods or services; or

use "TAFE" or "technical and further education" for the purposes of promoting the sale of goods or services or the provision of benefits, or sell goods marked with "TAFE" or "technical and further education", in circumstances in which it would be reasonably understood to indicate that the goods, services or benefits are provided by or in association with TAFE SA. Maximum penalty: Maximum penalty: $20 000.

A consent under this section—

may be given with or without conditions (including conditions requiring payment to TAFE SA); and

must be given by written notice addressed to the applicant for the consent; and

may be revoked by TAFE SA for a breach of a condition by written notice given to a person who has the benefit of the consent.

The Supreme Court may, on the application of TAFE SA, grant an injunction to restrain a breach of this section.

The court by which a person is convicted of an offence against this section may, on the application of TAFE SA, order the convicted person to pay compensation of an amount fixed by the court to TAFE SA.

Subsections (4) and (5) do not limit any civil remedy that may be available to TAFE SA apart from those subsections.

The Minister may, by notice in the Gazette, declare a design to be a logo in respect of TAFE SA.

In this section—

logo means a design (the copyright of which is vested in TAFE SA) in respect of which a declaration under subsection (7) is in force;

official insignia means a logo or official title or a combination of a logo and official title;

official title means TAFE SA.

The Minister may give directions to TAFE

SA.

A Ministerial direction must—

be in writing; and

be included in the annual report required under section 27.

A Board of directors is established as the governing body of

TAFE SA.

The Board has the following primary responsibilities:

to ensure that the appropriate business plan, strategies and targets are established for TAFE SA;

to oversee the operations and performance of TAFE SA;

to ensure compliance with reporting and other requirements of TAFE

SA;

any matter referred to the Board by the Minister either in a statement of priority or a direction under section 8;

any other responsibilities required under this Act.

The Board is to consist of not less than 6 and not more than 10 members nominated by the Minister and appointed by the Governor, of whom 1 must be a member of the staff of TAFE SA nominated by the Minister after consultation with the Australian Education Union (SA Branch) and the

Public Service Association of SA and 1 must be a person nominated by the

Minister after consultation with the United Trades and Labor Council (trading as SA Unions).

In nominating members for appointment to the Board, the Minister must ensure that those nominated include persons who together have, in the

Minister's opinion, the expertise, abilities and experience required for the effective performance of TAFE SA's functions including—

direct industry experience or direct experience in the education, training or employment sectors; and

knowledge or expertise in the education and training of persons who have experienced disadvantage in accessing education, training and work or are from non‑metropolitan, regional or remote areas; and

skills, experience or expertise in commerce, corporate governance, economics, finance, law or management.

Without limiting subsection (4), the Minister must, in nominating members for appointment, take reasonable steps to ensure that at least

1 member resides in a rural, regional or remote area of the

State.

In addition, the Minister must, in nominating members for appointment, seek to achieve a reasonable gender balance in the membership of the Board.

The Governor will appoint 1 of the members to chair meetings of the

Board.

On the office of a director becoming vacant, a person may be appointed under this section to the vacant office.

A director will be appointed for a term, not exceeding

3 years, specified in the instrument of appointment and will, at the expiration of a term of appointment, be eligible for reappointment.

A director is entitled to such remuneration, allowances and expenses as may be determined by the Governor.

The Governor may remove a director from office on the recommendation of the Minister.

The Minister may recommend the removal of a director on any ground that the Minister thinks fit.

The office of a director becomes vacant if the director—

dies; or

completes a term of office and is not reappointed; or

resigns by written notice to the Minister; or

is disqualified from managing corporations under Chapter 2D

Part 2D.6 of the Corporations

Act 2001 of the Commonwealth; or

is convicted of an indictable offence or sentenced to imprisonment for an offence; or

is removed from office under subsection (3).

The Board may establish committees or subcommittees as the Board thinks fit to advise TAFE SA on any aspect of its objects or functions, or to assist TAFE SA in the performance of its functions.

A committee or subcommittee established under subsection (1) may, but need not, consist of, or include, a director.

The procedures to be observed in relation to the conduct of business of a committee or a subcommittee of the Board will be—

as determined by the Board; or

insofar as the procedure is not determined by the Board—as determined by the relevant committee or subcommittee.

A member of a committee or subcommittee is entitled to remuneration, allowances and expenses determined by the Minister.

The Public Sector (Honesty and

Accountability) Act 1995 applies to a member of a committee or subcommittee of the Board as if the committee or subcommittee were an advisory body and the Minister responsible for the administration of this

Act were the relevant Minister.

The director appointed to chair meetings of the Board will preside at each meeting of the Board at which the director is present.

If the director appointed to chair meetings of the Board is absent from a meeting of the Board, a director chosen by the directors present at the meeting will preside at the meeting.

A quorum of the Board consists of one half of the members of the

Board (ignoring any fraction resulting from the division) plus 1.

The Board must meet at least 4 times in each year.

Subject to subsection (3), the Board may act notwithstanding vacancies in its membership or a defect in appointment of a member.

A decision carried by a majority of the votes cast by members at a meeting is a decision of the Board.

Each director present at a meeting of the Board has 1 vote on any question arising for decision and, if the votes are equal, the director presiding at the meeting may exercise a casting vote.

A video or telephone conference will, for the purposes of this section, be taken to be a meeting of the Board at which the participating directors are present if—

notice of the conference is given to all directors in the manner determined by the Board for the purpose; and

each participating director is capable of communicating with every other participating director during the conference.

A proposed resolution of the Board becomes a valid decision of the

Board despite the fact that it is not voted on at a meeting of the Board if—

notice of the proposed resolution is given to all directors in accordance with procedures determined by the Board; and

a majority of the directors express their concurrence in the proposed resolution by letter, email or other written communication setting out the terms of the resolution.

The Board must cause accurate minutes to be kept of its proceedings.

Subject to this Act, the Board may determine its own procedures.