Education and Training Reform Act 2006

The Governor in Council may, on the recommendation of the Minister, by Order published in the Government Gazette—

create a TAFE institute; or

abolish a TAFE institute; or

amalgamate one or more TAFE institutes; or

if the council of a dual sector university approves, merge a TAFE institute with the university; or

change the name of a TAFE institute.

An Order in Council under this section may—

establish a board to oversee and govern a TAFE institute; or

amalgamate the board of a TAFE institute with another board of a TAFE institute; or

abolish the board of a TAFE institute; or

change the name of the board of a TAFE institute; or

make provision or further provision for or with respect to the constitution, management structure, membership, objectives, powers, duties or functions of a TAFE institute or the board of a TAFE institute or the manner of appointment or the terms and conditions of appointment of directors of the board of a TAFE institute; or

make provision for—

the conduct of elections of members of staff of a TAFE institute including electoral systems and procedures, voting methods, voter and candidate eligibility and dispute resolution; and

the training and support of elected directors of the board of a TAFE institute; or

make provision for the board of a TAFE institute to make rules for the governance of the institute; or

make provision for the board of a TAFE institute to delegate any of its powers and functions under this Act (except any powers delegated to it under this Act) to a person employed at the TAFE institute or to a committee established by or under an Order in Council relating to the board; or

amend any provision of a previous Order in Council or Ministerial Order made under this section relating to a TAFE institute or the board of a TAFE institute; or

make provision for or with respect to any matter of a consequential, transitional or savings nature consequent on the making of an Order in Council or Ministerial Order under this section including the rights, obligations and assignment of any property (subject to trusts), of any TAFE institute referred to in the Order.

Without limiting the powers of the Governor in Council under this section, the Minister may also make Ministerial Orders for the purposes of subsection (2)(f), (fa), (g), (h), (i) or (j).

The Minister must not make a recommendation for an Order in Council under subsection (1) or (2) or make a Ministerial Order under subsection (3) unless—

in the case of an Order in Council made under subsection (1), the board (if any) of the TAFE institute or proposed TAFE institute concerned has made a request for the proposed Order in Council or has been consulted about the proposed Order in Council;

in the case of an Order in Council or Ministerial Order made for the purposes of subsection (2), the board (if any) of the TAFE institute concerned has made a request for the proposed Order or has been consulted about the proposed Order.

If an Order in Council made under this section changes the name of the board of a TAFE institute—

the board continues in existence under the new name so that its identity is not affected; and

in an Act, a subordinate instrument or in any other document, a reference to the board under the former name must, except in relation to matters that occurred before the change of name, be construed as a reference to the board under the new name.

If an Order in Council made under this section changes the name of a TAFE institute—

the institute continues in existence under the new name so that its identity is not affected; and

in an Act, a subordinate instrument or in any other document, a reference to the institute under the former name must, except in relation to matters that occurred before the change of name, be construed as a reference to the institute under the new name; and

the change of name does not affect any rights or obligations of the institute or render defective any legal proceedings by or against the institute; and

any legal proceedings that might have been continued or commenced by or against the institute by its former name may be continued by or against it by its new name.

If two or more TAFE institutes are amalgamated under an Order in Council made under this section, any legal proceedings that might have been commenced or continued by or against any of the institutes may be commenced or continued by or against the single institute formed by the amalgamation.

A copy of every Order in Council or Ministerial Order made under this section must be laid before each House of Parliament as soon as practicable after it is made.