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TASMANIA
__________
EDUCATION AND TRAINING (TRANSITIONAL
PROVISIONS) BILL 2010
__________
CONTENTS
1. Short title
2. Commencement
3. Interpretation
4. Abolition of former Academy, former Polytechnic, Academy
Board and Polytechnic Boards
5. Abolition of Academy audit committee and Polytechnic audit
committee
6. Employees
7. Property
8. Contracts
9. Documents
10. Legal matters
11. Financial statements of former Academy and former Polytechnic
12. Semi-annual report for former Academy and former Polytechnic
13. Tabling of semi-annual report
14. Regulations
15. Administration of Act
[Bill 42]-III
2
EDUCATION AND TRAINING (TRANSITIONAL
PROVISIONS) 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 provide for matters of a savings and transitional
nature consequent on the continuation of the Tasmanian
Academy and the Tasmanian Polytechnic as State
educational institutions
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 (Transitional Provisions) Act 2010.
2. Commencement
This Act commences on 1 January 2011.
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
(CONSEQUENTIAL AMENDMENTS AND RESCISSIONS) BILL 2010
[Bill 42] 3
Education and Training (Transitional Provisions) Act 2010
Act No. of
s. 3
3. Interpretation
In this Act, unless the contrary intention
appears -
"Academy audit committee" means the audit
committee established under section 18
of the former Academy Act;
"Academy Board" means the Board of the
former Academy established under
section 8 of the former Academy Act;
"former Academy" means the Tasmanian
Academy established under section 5 of
the former Academy Act;
"former Academy Act" means the Education
and Training (Tasmanian Academy) Act
2008 as in force immediately before
1 January 2011;
"former Polytechnic" means the Tasmanian
Polytechnic established under section 5
of the former Polytechnic Act;
"former Polytechnic Act" means the
Education and Training (Tasmanian
Polytechnic) Act 2008 as in force
immediately before 1 January 2011;
"Polytechnic audit committee" means the
audit committee established under
section 18 of the former Polytechnic Act;
4
Education and Training (Transitional Provisions) Act 2010
Act No. of
s. 4
"Polytechnic Board" means the Board of the
former Polytechnic established under
section 8 of the former Polytechnic Act;
"transition day" means 1 January 2011.
4. Abolition of former Academy, former Polytechnic,
Academy Board and Polytechnic Boards
(1) The former Academy and the former Polytechnic
are abolished.
(2) The Academy Board is abolished on the day
determined by the Minister by notice published
in the Gazette.
(3) The Polytechnic Board is abolished on the day
determined by the Minister by notice published
in the Gazette.
(4) The Minister is not to determine a day for the
abolition of the Academy Board or the
Polytechnic Board until satisfied that the Board
has fulfilled its obligations under sections 11 and
12.
(5) The appointment of each member of the
Academy Board is revoked on the day the
Academy Board is abolished, and the
appointment of each member of the Polytechnic
Board is revoked on the day the Polytechnic
Board is abolished.
(6) A member of the Academy Board or the
Polytechnic Board is not entitled to receive any
5
Education and Training (Transitional Provisions) Act 2010
Act No. of
s. 5
benefit in respect of the termination of his or her
appointment as such a member.
(7) A notice by the Minister under this section -
(a) is not a statutory rule for the purposes of
the Rules Publication Act 1953; and
(b) may be combined with another notice
under this section.
5. Abolition of Academy audit committee and
Polytechnic audit committee
(1) The Academy audit committee is abolished on
the day the Academy Board is abolished and the
appointment of each member of the Academy
audit committee is revoked on that day.
(2) The Polytechnic audit committee is abolished on
the day the Polytechnic Board is abolished and
the appointment of each member of the
Polytechnic audit committee is revoked on that
day.
(3) A member of the Academy audit committee or
the Polytechnic audit committee is not entitled to
receive any benefit in respect of the termination
of his or her appointment as such a member.
6. Employees
(1) In this section -
6
Education and Training (Transitional Provisions) Act 2010
Act No. of
s. 6
"transferring Academy employee" means a
person who was, immediately before
1 January 2011, appointed, or taken to
have been appointed, under the State
Service Act 2000 for the purposes of the
former Academy Act;
"transferring Polytechnic employee" means
a person who was, immediately before
1 January 2011, appointed, or taken to
have been appointed, under the State
Service Act 2000 for the purposes of the
former Polytechnic Act;
(2) On and after 1 January 2011 -
(a) a transferring Academy employee is
taken to have been appointed under the
State Service Act 2000 for the purposes
of the Department in relation to the
former Academy Act; and
(b) a transferring Polytechnic employee is
taken to have been appointed under the
State Service Act 2000 for the purposes
of the Department in relation to the
former Polytechnic Act.
(3) The transfer, by reason of this section, of the
employment of a person from employment for
the purposes of the former Academy or the
former Polytechnic to employment for the
purposes of the Department is not a State Service
action for the purposes of section 50 of the State
Service Act 2000.
7
Education and Training (Transitional Provisions) Act 2010
Act No. of
s. 7
7. Property
(1) In this section -
"relevant liabilities" means all liabilities and
obligations (whether actual, prospective
or contingent) belonging, immediately
before the transition day, to the former
Academy or the former Polytechnic;
"relevant property" means all property and
rights vested, immediately before the
transition day, in the former Academy or
the former Polytechnic.
(2) On the transition day -
(a) all relevant property vests in the Crown;
and
(b) all relevant liabilities become the
liabilities and obligations of the Crown.
8. Contracts
If appropriate, a contract made by the former
Academy or the former Polytechnic but not
performed or discharged before the transition
day is taken to have been made by the Crown.
9. Documents
(1) If appropriate -
8
Education and Training (Transitional Provisions) Act 2010
Act No. of
s. 10
(a) a document issued or made by the former
Academy or the former Polytechnic is
taken to have been issued or made by the
Crown; and
(b) a document served on or by, or provided
to or by, the former Academy or the
former Polytechnic is taken to have been
served on or by, or provided to or by, the
Crown.
(2) If appropriate, a reference in a document to the
former Academy or the former Polytechnic is
taken to be, or to include, a reference to the
Crown.
10. Legal matters
(1) A legal proceeding that is instituted by or against
the former Academy or the former Polytechnic
and is pending immediately before the transition
day may be continued by or against the Crown.
(2) A legal proceeding that could have been
instituted by or against the former Academy or
the former Polytechnic to enforce a right that had
accrued, and was in existence, immediately
before the transition day may be instituted by or
against the Crown.
(3) A judgment or order of a court obtained by or
against the former Academy or the former
Polytechnic before the transition day may be
enforced by or against the Crown.
9
Education and Training (Transitional Provisions) Act 2010
Act No. of
s. 11
11. Financial statements of former Academy and
former Polytechnic
(1) As soon as practicable after the transition day,
the Academy Board is to -
(a) prepare financial statements for the
former Academy relating to the period of
6 months ending on 31 December 2010;
and
(b) provide the Auditor-General with those
financial statements.
(2) As soon as practicable after the transition day,
the Polytechnic Board is to -
(a) prepare financial statements for the
former Polytechnic relating to the period
of 6 months ending on
31 December 2010; and
(b) provide the Auditor-General with those
financial statements.
(3) The financial statements for the former Academy
are to contain the information and documents
that are referred to in section 27(2) of the former
Academy Act, and the financial statements for
the former Polytechnic are to contain the
information and documents that are referred to in
section 27(2) of the former Polytechnic Act.
(4) The financial statements -
(a) are to comply with any directions given
under subsection (5); and
10
Education and Training (Transitional Provisions) Act 2010
Act No. of
s. 12
(b) subject to any directions so given, are to
comply with the Australian Accounting
Standards.
(5) The Treasurer may give written directions to the
former Academy Board and the former
Polytechnic Board with respect to the form of
the financial statements.
(6) The Academy audit committee is to provide the
Academy Board with such advice as the
Academy Board requires for the purposes of
fulfilling its obligations under this section, and
the Polytechnic audit committee is to provide the
Polytechnic Board with such advice as the
Polytechnic Board requires for the purposes of
fulfilling its obligations under this section.
12. Semi-annual report for former Academy and
former Polytechnic
(1) As soon as practicable after the transition day -
(a) the Academy Board is to prepare and
provide to the Minister a semi-annual
report for the former Academy relating to
the period of 6 months ending on
31 December 2010; and
(b) the Polytechnic Board is to prepare and
provide to the Minister a semi-annual
report for the former Polytechnic relating
to the period of 6 months ending on
31 December 2010.
11
Education and Training (Transitional Provisions) Act 2010
Act No. of
s. 13
(2) The semi-annual report for the former Academy
is to contain the information and documents
referred to in section 29(2) of the former
Academy Act, and the semi-annual report for the
former Polytechnic is to contain the information
and documents referred to in section 29(2) of the
former Polytechnic Act.
13. Tabling of semi-annual report
(1) The Minister is to lay a copy of the semi-annual
report of the former Academy, and of the semi-
annual report of the former Polytechnic,
provided under section 12 before each House of
Parliament within 10 sitting-days after receiving
that report.
(2) If the Minister is unable to comply with
subsection (1) before the expiration of the period
specified in that subclause, the Minister is to lay
before each House of Parliament a statement
specifying -
(a) the reasons for the failure to comply with
that subclause; and
(b) an estimate of the day by which a copy of
the semi-annual report may be ready to
be laid before each House of Parliament.
14. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
12
Education and Training (Transitional Provisions) Act 2010
Act No. of
s. 15
(2) The regulations may be made so as to apply
differently according to matters, limitations or
restrictions, whether as to time, circumstance or
otherwise, specified in the regulations.
(3) The regulations may authorise any matter to be
from time to time determined, applied, approved
or regulated by the Minister, the Secretary or any
other person or body specified in the regulations.
(4) The regulations may -
(a) provide for savings or transitional
matters necessary or expedient for
bringing this Act, the Education and
Training (Tasmanian Academy)
Amendment Act 2010 and the Education
and Training (Tasmanian Polytechnic)
Amendment Act 2010 into operation; and
(b) provide for any of those savings or
transitional matters to take effect when
this Act commences or on a later day
specified in the regulations, whether the
day so specified is before, on or after the
day on which the regulations are made.
15. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
13
Education and Training (Transitional Provisions) Act 2010
Act No. of
s. 15
(a) the administration of this Act is assigned
to the Minister for Education and Skills;
and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of
Education.
14 Government Printer, Tasmania