Training and Workforce Development (Transitional Provisions) Act 2013

Training and Workforce Development (Transitional Provisions) Act 2013

This Act may be cited as the Training and Workforce Development (Transitional Provisions) Act 2013.

This Act commences on 1 July 2013.

In this Part –

commencement day means 1 July 2013;

Education Department means the department responsible to the Minister to whom the administration of the Training and Workforce Development Act 2013, other than Part 5, is assigned;

Polytechnic means the Tasmanian Polytechnic continued as a State educational institution by section 5 of the Polytechnic Act;

Polytechnic Act means the Education and Training (Tasmanian Polytechnic) Act 2008 as in force immediately before the commencement day;

Polytechnic contract means any contract in force immediately before the commencement day and entered into in the name of the Polytechnic or by the Crown in relation to the performance of the functions of the Polytechnic, other than a contract of employment or a contract determined under section 4(3) not to be a Polytechnic contract;

Polytechnic liability means any liability or obligation (whether actual, prospective or contingent) belonging, immediately before the commencement day, to the Polytechnic or the Crown in relation to the performance of the functions of the Polytechnic, other than a liability or obligation determined under section 4(3) not to be a Polytechnic liability;

Polytechnic property means any property or right held, immediately before the commencement day, in the name of the Polytechnic or by the Crown in relation to the performance of the functions of the Polytechnic, other than any property or right determined under section 4(3) not to be Polytechnic property;

Secretary means the Secretary of the Education Department;

Skills Institute means the Tasmanian Skills Institute established under section 5 of the Skills Institute Act;

Skills Institute Act means the Education and Training (Tasmanian Skills Institute) Act 2008 as in force immediately before the commencement day;

Skills Institute audit committee means the audit committee established under section 18 of the Skills Institute Act, as constituted immediately before the commencement day;

Skills Institute Board means the Board of Directors of the Skills Institute established under section 8 of the Skills Institute Act, as constituted immediately before the commencement day;

Skills Institute contract means any contract in force immediately before the commencement day and entered into by the Skills Institute, other than a contract of employment, or a contract determined under section 4(3) not to be a Skills Institute contract;

Skills Institute liability means any liability or obligation (whether actual, prospective or contingent) belonging, immediately before the commencement day, to the Skills Institute, other than a liability or obligation determined under section 4(3) not to be a Skills Institute liability;

Skills Institute property means any property or right vested, immediately before the commencement day, in the Skills Institute, other than any property or right determined under section 4(3) not to be Skills Institute property;

TasTAFE means TasTAFE created under section 56 of the Training and Workforce Development Act 2013;

TasTAFE Act means Part 5 of the Training and Workforce Development Act 2013.

For the avoidance of doubt, it is declared that TasTAFE is the legal successor in title in relation to all Polytechnic property, Polytechnic liabilities, Polytechnic contracts, Skills Institute property, Skills Institute liabilities and Skills Institute contracts.

Despite the merger and continuation as TasTAFE of the Polytechnic and the Skills Institute by section 56 of the Training and Workforce Development Act 2013, TasTAFE is not the legal successor in title in relation to any property, liability or contract determined by the Minister under subsection (3) not to be Polytechnic property, a Polytechnic liability, a Polytechnic contract, Skills Institute property, a Skills Institute liability or a Skills Institute contract.

The Minister, by notice published in the Gazette, may determine that – any property or right is not Polytechnic property or Skills Institute property; and a liability or obligation (whether actual, prospective or contingent) is not a Polytechnic liability or a Skills Institute liability; and a contract is not a Polytechnic contract or a Skills Institute contract.

A notice under subsection (3) is not a statutory rule for the purposes of the Rules Publication Act 1953.

Despite the repeal of the Skills Institute Act by the Training and Workforce Development (Repeals and Consequential Amendments) Act 2013, the Skills Institute Board and the Skills Institute audit committee continue until abolished under section 6.

The Skills Institute is abolished on the commencement day.

The Skills Institute Board is abolished on the day determined by the Minister by notice published in the Gazette.

The Minister is not to determine a day for the abolition of the Skills Institute Board until satisfied that it has fulfilled its obligations under this Part.

The appointment of each member of the Skills Institute Board is terminated on the day that Board is abolished.

The Skills Institute audit committee is abolished on the day the Skills Institute Board is abolished and the appointment of each of its members is terminated on that day.

All committees established under section 19 of the Skills Institute Act, as constituted immediately before the commencement day, are abolished on the commencement day and the appointment of each member of such a committee is terminated on the commencement day.

A member of the Skills Institute Board, the audit committee referred to in subsection (5) or a committee referred to in subsection (6) is not entitled to receive any benefit in respect of the termination of his or her appointment as such a member.

A notice under subsection (2) is not a statutory rule for the purposes of the Rules Publication Act 1953.

In this section – interim board means the board established for the purposes of preparing for and overseeing the establishment of TasTAFE prior to the formal commencement of the Training and Workforce Development Act 2013 and consisting of persons appointed – to the interim board of TasTAFE; and by the Minister; and for the purposes of preparing for the establishment of, and establishing, TasTAFE; interim chairperson means the member of the interim board that was appointed by the Minister as chairperson of the interim board on 22 November 2012.

A member of the interim board is taken to have been appointed as a member of the Board of Directors of TasTAFE under section 60(1) of the Training and Workforce Development Act 2013 for the term and on the conditions, including remuneration, specified in his or her instrument of appointment to the interim board.

The person appointed by the Minister as interim chairperson is taken to have been appointed as chairperson of the Board of Directors of TasTAFE under section 60(5) of the Training and Workforce Development Act 2013 for the term and on the conditions, including remuneration, specified in his or her instrument of appointment to the office of chairperson of the interim board.

Any act done by the interim board, its interim chairperson or a member of the interim board for the purposes of – preparing for the establishment of, or establishing, TasTAFE; or bringing into operation, or giving full effect to, this Act or the TasTAFE Act – is not invalid by reason only of the fact that this Act or the TasTAFE Act had not commenced or been enacted and, if appropriate, is taken to have been done by the Board of Directors of TasTAFE, its chairperson or a member of that Board of Directors under this Act or the TasTAFE Act.

In this section – interim chief executive officer means the person appointed – on 3 December 2012; and pursuant to and in accordance with the provisions of section 31 of the State Service Act 2000 as the chief executive officer of TasTAFE; and by the Premier.

The interim chief executive officer is taken to have been appointed as the chief executive officer of TasTAFE under section 66 of the Training and Workforce Development Act 2013 for the term and on the conditions, including remuneration, specified in his or her instrument of appointment to the office of chief executive officer of TasTAFE.

Any act done by the interim chief executive officer for the purposes of – preparing for the establishment of, or establishing, TasTAFE; or bringing into operation, or giving full effect to, this Act or the TasTAFE Act – is not invalid by reason only of the fact that this Act or the TasTAFE Act had not commenced or been enacted and, if appropriate, is taken to have been done by the chief executive officer of TasTAFE under this Act or the TasTAFE Act.

In this section – transferring employee means – a person who, on the commencement day, would have been holding an appointment, or would have been taken to have been holding an appointment, made under the State Service Act 2000 for the purposes of the Education Department in relation to the Polytechnic or for the purposes of the Polytechnic Act had the Training and Workforce Development Act 2013 and this Act not been enacted; or a person who, on the commencement day, would have been holding an appointment, or would have been taken to have been holding an appointment, made under the State Service Act 2000 for the purposes of the Skills Institute or the Skills Institute Act.

For the avoidance of doubt, it is declared that the appointment of a transferring employee under the State Service Act 2000 continues and is taken to have been made for the purposes of TasTAFE and Part 5 of the Training and Workforce Development Act 2013.

The continuation of the appointment of a transferring employee, as done by or referred to in this section, is not a State Service action for the purposes of section 50 of the State Service Act 2000.

For the avoidance of doubt, it is declared that, if a person, immediately before the commencement day, was enrolled as a student at or with the Polytechnic or the Skills Institute, that enrolment continues at or with TasTAFE.

For the avoidance of doubt, it is declared that, if immediately before the commencement day a course of education and training was being provided to students enrolled at or with the Polytechnic or the Skills Institute and, but for the commencement of the Training and Workforce Development (Repeals and Consequential Amendments) Act 2013, that course would continue on or after the commencement day, that course continues as a course provided by TasTAFE.

For the avoidance of doubt, it is declared that, if before the commencement day a course of education and training has been offered to be provided to students enrolled at or with the Polytechnic or the Skills Institute but has not commenced, that offer continues as an offer by TasTAFE to its students and TasTAFE may provide that course on and after the commencement day.

In this section – Skills Institute by-laws means the Education and Training (Tasmanian Skills Institute) By-laws 2010.

The Skills Institute by-laws – continue until the first of the following occurs:they are rescinded; the period of 6 months commencing on the commencement day ends; and for that purpose, are taken to have been made by the TasTAFE Board under section 85 of the Training and Workforce Development Act 2013.

In the application of the Skills Institute by-laws on and after the commencement day – a reference to the Act is a reference to the TasTAFE Act and a reference to a section of the Act is a reference to the corresponding section of the TasTAFE Act; and a reference to the Skills Institute is a reference to TasTAFE; and a reference to the Board is a reference to the Board of Directors of TasTAFE; and a reference to the chief executive officer is a reference to the chief executive officer of TasTAFE; and a reference to a student is taken to be a reference to a TasTAFE student; and a reference to the Polytechnic is taken to have been omitted from the by-laws; and a person who, immediately before the commencement day, was an authorised person for the purposes of the Skills Institute by-laws continues to be such an authorised officer.

For the avoidance of doubt, it is declared that – any disciplinary hearing under the Skills Institute by-laws commenced but not completed before the commencement day may be continued by the chief executive officer of TasTAFE; and any disciplinary sanction imposed by the chief executive officer under the Skills Institute by-laws on any of its students before the commencement day is taken, if appropriate, to have been imposed by the chief executive officer of TasTAFE; and any appeal under the Skills Institute by-laws against the imposition of a disciplinary sanction commenced but not completed before the commencement day may be continued by the Board of Directors of TasTAFE; and any disciplinary sanction confirmed or substituted by the Skills Institute Board on an appeal under the Skills Institute by-laws against the imposition of a disciplinary sanction before the commencement day is taken, if appropriate, to have been confirmed or substituted by the Board of Directors of TasTAFE; and if the issue of an award from the Skills Institute was deferred under the Skills Institute by-laws and so not issued before the commencement day, that award is taken to be an award of TasTAFE and may be issued by TasTAFE in accordance with the by-laws.