TasTAFE (Skills and Training Business) Act 2021

In this section – former Act means Part 5 of the Training and Workforce Development Act 2013 as in force immediately before the commencement of this section.

The savings and transitional provisions specified in Schedule 3 have effect.

In addition to section 46, the Governor may also make regulations of a savings and transitional nature, consequent on the enactment of this Act, to effect, and facilitate, the transition from the former Act to this Act.

Without limiting the generality of subsection (3), regulations made under that subsection may – clarify, or amend, the status, entitlements or rights of the TasTAFE CEO and TasTAFE employees transitioned to this Act from the former Act; and provide for the transition of training and courses offered or provided under the former Act; and provide for the preservation, continuation, variation or revocation of decisions or actions taken under the former Act; and provide for the preservation, continuation, variation or revocation of notices, instruments or other documents given or issued under the former Act; and deal with any other incidental, transitional or ancillary matter in respect of the former Act.

Regulations made under subsection (3) may – take effect on the day on which the first section of this Act commences or a later day as specified in the regulations, whether the day so specified is before, on or after the day on which the regulations are made; and be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations; and authorise any matter to be from time to time determined applied or regulated by – the Secretary of the Department; or the TasTAFE Board.

Subject to subsection (7), nothing in this section authorises regulations made under this Act to reduce or limit the entitlements and rights, accrued by a TasTAFE employee as such an employee.

Subsection (6) does not apply in respect of a regulation that amends the entitlements and rights if the amendment is required for the entitlements and rights to be consistent with an award or agreement that applies, and is in force, in respect of a TasTAFE employee as such an employee.