TasTAFE (Skills and Training Business) Act 2021

Section 48(2)

1. Interpretation In this Schedule –

commencement day means the day on which Part 2 of this Act commences;

former Act means Part 5 of the Training and Workforce Development Act 2013 as in force immediately before the commencement day;

former TasTAFE means TasTAFE, as continued under the former Act, as constituted immediately before the commencement day;

former TasTAFE employee means a person who, immediately before the commencement day, was – a TasTAFE employee within the meaning of the former Act; or a person who was purportedly a TasTAFE employee within the meaning of the former Act.

commencement day means the day on which Part 2 of this Act commences;

commencement day

former Act means Part 5 of the Training and Workforce Development Act 2013 as in force immediately before the commencement day;

former Act

former TasTAFE means TasTAFE, as continued under the former Act, as constituted immediately before the commencement day;

former TasTAFE

former TasTAFE employee means a person who, immediately before the commencement day, was –

former TasTAFE employee

a TasTAFE employee within the meaning of the former Act; or

a person who was purportedly a TasTAFE employee within the meaning of the former Act.

2. TasTAFE continues

For the avoidance of doubt, on the commencement day, TasTAFE is the legal successor in title in relation to –

all property and contracts of the former TasTAFE; and

all authorised deposit-taking institution accounts that are maintained in the name of the former TasTAFE; and

all rights and liabilities of the former TasTAFE.

If the context requires, a reference to the former TasTAFE in any document or instrument is taken, on and after the commencement day, to be a reference to TasTAFE.

3. TasTAFE Board continues The TasTAFE Board, within the meaning of the former Act, as constituted immediately before the commencement day is taken, on the commencement day, to be the board of directors appointed by the Minister under section 6(1) on the same terms and conditions.

4. TasTAFE directors continue

A person who, immediately before the commencement day, held the position of TasTAFE director, within the meaning of the former Act, is taken, on and after the commencement day, to hold the position of TasTAFE director under this Act on the same terms and conditions.

For the avoidance of doubt, subclause (1) applies to a TasTAFE director under the former Act regardless of whether the TasTAFE director was appointed under section 60 or section 63 of the former Act.

The TasTAFE director under the former Act who was the chairperson of the TasTAFE Board, immediately before the commencement day, is taken on the commencement day to be appointed as the chair of the TasTAFE Board under this Act.

5. TasTAFE CEO appointed

A person whose appointment as the TasTAFE chief executive officer under the former Act is terminated under clause 7(1) is taken, on that termination, to be appointed to the position of TasTAFE CEO on the terms and conditions specified in the person’s notification of appointment under this Act.

For the avoidance of doubt –

this Act applies to a person taken to be appointed as the TasTAFE CEO under subclause (1) as if the person were appointed under section 10 as the chief executive officer of TasTAFE; and

a person’s notification of appointment under subclause (1) is taken to be the person’s instrument of appointment as the TasTAFE CEO.

6. Former TasTAFE employees taken to be appointed as TasTAFE employees

A person whose appointment or employment as a former TasTAFE employee is terminated under clause 7(2) is taken, on that termination, to be appointed as a TasTAFE employee on the terms and conditions specified in the person’s notification of appointment under this Act.

For the avoidance of doubt –

this Act applies to a person taken to be appointed as a TasTAFE employee under subclause (1) as if the person were appointed under section 11 as a TasTAFE employee; and

a person’s notification of appointment under subclause (1) is taken to be the person’s instrument of appointment as a TasTAFE employee.

7. Termination of certain appointments, &c.

On the commencement day –

the appointment of a person under the former Act as the TasTAFE chief executive officer is terminated; and

the State Service Act 2000 ceases to apply to the person referred to in paragraph (a) in respect of his or her appointment under the former Act as the TasTAFE chief executive officer; and

the person who appointed the person as TasTAFE chief executive officer under the former Act is taken not to be a public sector employer for the purposes of the Industrial Relations (Commonwealth Powers) Act 2009.

On the commencement day –

a person’s appointment or employment as a former TasTAFE employee is terminated, regardless of whether the appointment or employment was for a fixed term or otherwise; and

the State Service Act 2000 ceases to apply to a person to whom paragraph (a) applies, in respect of his or her appointment or employment under the former Act as a former TasTAFE employee; and

the person who appointed a former TasTAFE employee under the former Act is taken not to be a public sector employer for the purposes of the Industrial Relations (Commonwealth Powers) Act 2009.

The termination of a person’s appointment or employment as the TasTAFE CEO, or as a TasTAFE employee, under this clause –

does not entitle the person to compensation, or another form of consideration or payment, solely due to the termination of appointment or employment under this clause; and

is not a State Service action for the purposes of section 50 of the State Service Act 2000.

8. Certain service taken to be continuous employment

In this clause –

transitioned employee includes – a person who is taken to be the TasTAFE CEO by virtue of clause 5(1); and a person who is taken to be a TasTAFE employee by virtue of clause 6(1).

transitioned employee includes –

transitioned employee

a person who is taken to be the TasTAFE CEO by virtue of clause 5(1); and

a person who is taken to be a TasTAFE employee by virtue of clause 6(1).

The period for which a person serves as a TasTAFE employee is taken to be continuous service as a State Service employee for the purpose of calculating leave, or other entitlements, if –

the person is a transitioned employee; and

within 5 years after the person became a transitioned employee, the person is appointed or employed in a position that, in accordance with another Act or instrument, entitles or provides for the leave, or other entitlements, of the person to be calculated as if the person was a State Service employee or a State Service officer; and

the person was continuously appointed as a TasTAFE employee under this Act for the period –

commencing on the person becoming a transitioned employee; and ending on the person’s appointment to the position referred to in paragraph (b).

commencing on the person becoming a transitioned employee; and

ending on the person’s appointment to the position referred to in paragraph (b).

9. Committees under former Act continue

A committee that was established under section 70 of the former Act and is in force, immediately before the commencement day, is taken, on and after the commencement day, to be the audit and risk management committee established, under section 15, on the same terms and conditions.

A committee that was established under section 71 of the former Act and is in force, immediately before the commencement day, is taken, on and after the commencement day, to be a committee established, under section 16, on the same terms and conditions.

For the avoidance of doubt, this Act applies in relation to the membership, meetings, dissolving and winding-up of a committee established under section 70 or 71 of the former Act that is continued under this clause.

10. Students, and courses, of TasTAFE continue For the avoidance of doubt –

a student of the former TasTAFE immediately before the commencement day is taken, on and after the commencement day, to be a student of TasTAFE on the same terms and conditions; and

an offer of enrolment, or placement, made by the former TasTAFE that was to occur after the commencement day is taken, on and after the commencement day, to have been an offer of enrolment, or placement, made by TasTAFE on the same terms and conditions; and

a course being provided by the former TasTAFE immediately before the commencement day is, on and after the commencement day, to be continued to be provided by TasTAFE.

11. By-laws continue

On the commencement day, the TasTAFE By-laws 2014 –

are taken to have been made under section 32; and

continue in force until the tenth anniversary of the day on which their making was notified in the Gazette, unless earlier rescinded.

A reference in the TasTAFE By-laws 2014 to a section of the former Act is taken, on and after the commencement day, to be a reference to the equivalent provision of this Act.

Unless a contrary intention applies, or the context requires –

a term used in the TasTAFE By-laws 2014 has the same meaning as in this Act; or

if a term used in the TasTAFE By-laws 2014 is not defined in this Act but is defined in the former Act, the term has the same meaning as in the former Act.

12. Legal matters

For the avoidance of doubt, legal proceedings may be continued against TasTAFE on and after the commencement day if the proceedings –

are instituted by or against –

the former TasTAFE; or the Crown in respect of the former TasTAFE; and

the former TasTAFE; or

the Crown in respect of the former TasTAFE; and

are pending on the commencement day.

For the avoidance of doubt, legal proceedings may be instigated by or against TasTAFE on and after the commencement day if the proceedings –

relate to a right or liability that had accrued, and was in existence, immediately before the commencement day; and

if this Act had not commenced, could have been instituted by or against –

the former TasTAFE; or the Crown in respect of the former TasTAFE.

the former TasTAFE; or

the Crown in respect of the former TasTAFE.

For the avoidance of doubt, a judgement or order of a court obtained by or against the former TasTAFE may, on and after the commencement day, be enforced by or against TasTAFE.

13. Ministerial directions and expectations

A direction of the Minister given under section 72 of the former Act in respect of the former TasTAFE is taken, on and after the commencement day, to be a Ministerial direction given under this Act in respect of TasTAFE.

The policy expectations provided by the Minister under section 73 of the former Act in respect of the former TasTAFE are taken, on and after the commencement day, to be the statement of expectations provided under this Act in respect of TasTAFE.

14. Records and other documents

A record, statement or other document required to be kept by the former TasTAFE under the former Act is taken to be, on and after the commencement day –

a record, statement or document in relation to TasTAFE; and

a record, statement or document required to be kept under the equivalent provision of this Act in respect of TasTAFE.

The TasTAFE corporate plan in force under the former Act, immediately before the commencement day, is taken, on and after the commencement day, to be the corporate plan in force under this Act.

If this Act commences during a financial year, the annual report prepared under this Act in respect of the financial year is to be prepared as if –

this Act was in force for the whole of that financial year; and

the former TasTAFE was TasTAFE under this Act for such part of the financial year in respect of which the former Act was in force.