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TASMANIA
__________
EDUCATION AND TRAINING (CONSEQUENTIAL
AMENDMENTS AND RESCISSIONS) BILL 2010
__________
CONTENTS
1. Short title
2. Commencement
3. Consequential amendments
4. Legislation rescinded
5. Repeal of Act
Schedule 1 - Consequential Amendments
Schedule 2 - Legislation rescinded
[Bill 41]-III
2
EDUCATION AND TRAINING (CONSEQUENTIAL
AMENDMENTS AND RESCISSIONS) BILL 2010
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
23 September 2010
(Brought in by the Minister for Health, the Honourable
Michelle Anne O'Byrne)
A BILL FOR
An Act to amend the Education Act 1994, the Education
and Training (Tasmanian Skills Institute) Act 2008, the
Teachers Registration Act 2000 and the State Service Act
2000 and to rescind the Education and Training
(Tasmanian Academy) By-laws 2010 and the Education and
Training (Tasmanian Polytechnic) By-laws 2010
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Education and
Training (Consequential Amendments and
Rescissions) Act 2010.
THIS BILL IS COGNATE WITH THE EDUCATION AND TRAINING (TASMANIAN
ACADEMY) AMENDMENT BILL 2010, THE EDUCATION AND TRAINING (TASMANIAN
POLYTECHNIC) AMENDMENT BILL 2010 AND THE EDUCATION AND TRAINING
(TRANSITIONAL PROVISIONS) BILL 2010
[Bill 41] 3
Education and Training (Consequential Amendments and
Rescissions) Act 2010
Act No. of
s. 2
2. Commencement
This Act commences on 1 January 2011.
3. Consequential amendments
The legislation specified in Schedule 1 is
amended as specified in that Schedule.
4. Legislation rescinded
The legislation specified in Schedule 2 is
rescinded.
5. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which it commences.
4
Education and Training (Consequential Amendments and
Rescissions) Act 2010
Act No. of
sch. 1
SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
Section 3
Education Act 1994
1. Section 3 is amended as follows:
(a) by omitting "established" from the
definition of "Academy" and substituting
"continued";
(b) by inserting the following definition after
the definition of "Academy":
"Academy executive officer" means
the executive officer for the
Academy appointed under section
7 of the Education and Training
(Tasmanian Academy) Act 2008;
(c) by inserting the following definition after
the definition of "child":
"College principal" means a principal
within the meaning of the
Education and Training
(Tasmanian Academy) Act 2008;
(d) by omitting "established" from the
definition of "Polytechnic" and
substituting "continued";
(e) by inserting the following definition after
the definition of "Polytechnic":
5
Education and Training (Consequential Amendments and
Rescissions) Act 2010
Act No. of
sch. 1
"Polytechnic executive officer"
means the executive officer for
the Polytechnic appointed under
section 7 of the Education and
Training (Tasmanian
Polytechnic) Act 2008;
(f) by omitting "Academy" from paragraph
(b) of the definition of "school" and
substituting "Academy, a college within
the meaning of the Education and
Training (Tasmanian Academy) Act
2008".
2. Section 6(3) is amended by omitting "the
Academy or the Polytechnic" and substituting "a
College principal and the Polytechnic executive
officer".
3. Section 10 is amended as follows:
(a) by omitting from subsection (1)(a)(iii)
"the Academy or the Polytechnic," and
substituting "a College principal or the
Polytechnic executive officer,";
(b) by omitting from subsection (1)(b)
"Academy or the Polytechnic" first
occurring and substituting "relevant
College principal or the Polytechnic
executive officer";
6
Education and Training (Consequential Amendments and
Rescissions) Act 2010
Act No. of
sch. 1
(c) by omitting from subsection (1)(b)
"Secretary, the Academy or the
Polytechnic." and substituting
"Secretary.";
(d) by omitting subsection (2) and
substituting the following subsection:
(2) If a school-aged child's non-
attendance at a school, the
Academy or the Polytechnic
because of sickness or incapacity
extends beyond the period
specified by the Secretary, the
parent of the child is to provide a
certificate from a medical
practitioner if requested to do so
by the school's principal, the
relevant College principal or the
Polytechnic executive officer.
(e) by omitting from subsection (3)
"Academy or the Polytechnic" first
occurring and substituting "relevant
College principal or the Polytechnic
executive officer";
(f) by omitting from subsection (3)
"Academy or Polytechnic" first
occurring.
4. Section 14(3)(c) is amended by omitting
"school," and substituting "school or to the
relevant campus of".
7
Education and Training (Consequential Amendments and
Rescissions) Act 2010
Act No. of
sch. 1
5. Section 16(1) is amended as follows:
(a) by omitting from paragraph (b) "or the
chief executive officer of the Academy"
and substituting "executive officer or a
College principal";
(b) by omitting from paragraph (c)
"Polytechnic or the chief executive
officer of the Polytechnic" and
substituting "Polytechnic executive
officer".
6. Section 47B(3)(b) is amended by omitting
"Academy and the Polytechnic, jointly," and
substituting "Secretary".
7. Section 47C is amended as follows:
(a) by omitting from subsection (1)
"Academy or the Polytechnic" third
occurring and substituting "Academy
executive officer or the Polytechnic
executive officer";
(b) by omitting from subsection (2)
"Academy or the Polytechnic." and
substituting "Academy executive officer
or the Polytechnic executive officer.";
(c) by omitting from subsection (3)
"Academy or the Polytechnic" and
8
Education and Training (Consequential Amendments and
Rescissions) Act 2010
Act No. of
sch. 1
substituting "Academy executive officer
or the Polytechnic executive officer".
8. Section 47D is amended as follows:
(a) by omitting from subsection (1)
"Academy or Polytechnic" and
substituting "Academy executive officer
or Polytechnic executive officer";
(b) by omitting from subsection (2)
"Academy or Polytechnic" and
substituting "Academy executive officer
or Polytechnic executive officer".
Education and Training (Tasmanian Skills Institute) Act
2008
1. The long title is amended by omitting "provide"
and substituting "provide, for employers,".
2. Section 3 is amended by omitting "established"
twice occurring and substituting "continued".
3. Section 6 is amended as follows:
(a) by omitting from paragraph (a)
"promote" and substituting "promote, for
employers,";
9
Education and Training (Consequential Amendments and
Rescissions) Act 2010
Act No. of
sch. 1
(b) by omitting from paragraph (d)
"provision" and substituting "provision,
for employers,".
4. Section 7(1)(b) is amended by omitting
"provision" and substituting "provision, for
employers,".
State Service Act 2000
1. Part 2 of Schedule 1 is amended as follows:
(a) by omitting the following item
Tasmanian Academy Chief executive officer
;
(b) by omitting the following item
Tasmanian Polytechnic Chief executive officer
.
Teachers Registration Act 2000
1. Section 3 is amended as follows:
(a) by omitting "established" from the
definition of "Tasmanian Academy" and
substituting "continued";
10
Education and Training (Consequential Amendments and
Rescissions) Act 2010
Act No. of
sch. 1
(b) by omitting "established" from the
definition of "Tasmanian Polytechnic"
and substituting "continued".
2. Section 25(5) is amended by omitting "the
Tasmanian Academy, the Tasmanian
Polytechnic," from the definition of "teacher
employing authority".
11
Education and Training (Consequential Amendments and
Rescissions) Act 2010
Act No. of
sch. 2
SCHEDULE 2 - LEGISLATION RESCINDED
Section 4
Education and Training (Tasmanian Academy) By-laws 2010
(No. 24 of 2010)
Education and Training (Tasmanian Polytechnic) By-laws
2010 (No. 36 of 2010)
12 Government Printer, Tasmania