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TASMANIA
__________
EDUCATION AND TRAINING (TASMANIAN
POLYTECHNIC) BILL 2008
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Guiding principle
4. Interpretation
PART 2 - TASMANIAN POLYTECHNIC
Division 1 - Establishment of Tasmanian Polytechnic
5. Establishment of Tasmanian Polytechnic
6. Functions of Polytechnic
7. Powers of Polytechnic
Division 2 - Board of Polytechnic
8. Board of Polytechnic
9. Responsibilities and powers of Board
10. Delegation by Board
11. Acting directors
12. Offences as director
13. Repayment of improper profit
Division 3 - Chief executive officer
14. Chief executive officer
[Bill 58]-III
15. Responsibilities of chief executive officer
16. Delegation by chief executive officer
Division 4 - Employees
17. Employees
Division 5 - Committees
18. Audit committee
19. Other committees
Division 6 - Directions and plans
20. Ministerial directions
21. Corporate plan
22. Notification of developments
PART 3 - FINANCIAL AFFAIRS AND REPORTS
Division 1 - Financial provisions
23. Authorised deposit-taking institution accounts
24. Funds of Polytechnic
25. Effect of Financial Agreement Act 1994
Division 2 - Accounting records and financial statements
26. Accounting records
27. Financial statements
28. Report of Auditor-General
Division 3 - Annual report and other information
29. Annual report
30. Tabling of annual report
Division 4 - Miscellaneous
31. Treasurer's Instructions
PART 4 - BY-LAWS
32. By-laws
PART 5 - MISCELLANEOUS
33. Fees, levies and charges
34. Reviews
2
35. Transfer of Crown land
36. Transfer of property and liabilities
37. Regulations
38. Administration of Act
SCHEDULE 1 - DIRECTORS
SCHEDULE 2 - MEETINGS OF BOARD
SCHEDULE 3 - COMMITTEES
3
4
EDUCATION AND TRAINING (TASMANIAN
POLYTECHNIC) BILL 2008
(Brought in by the Minister for Education and Skills, the
Honourable David John Bartlett)
A BILL FOR
An Act to establish the Tasmanian Polytechnic, to require
the Tasmanian Polytechnic to provide post-Year 10
education and training to enable persons to acquire
qualifications and participate in the workforce and further
education and training and for related purposes
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:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Education and
Training (Tasmanian Polytechnic) Act 2008.
2. Commencement
This Act commences on 1 January 2009.
THIS BILL IS COGNATE WITH THE EDUCATION AND TRAINING (TASMANIAN
ACADEMY) BILL 2008, THE EDUCATION AND TRAINING (TASMANIAN SKILLS INSTITUTE)
BILL 2008, THE EDUCATION AND TRAINING (REPEALS AND TRANSITIONAL PROVISIONS)
BILL 2008, THE EDUCATION AND TRAINING (MISCELLANEOUS AND CONSEQUENTIAL
AMENDMENTS) BILL 2008 AND THE EDUCATION AND TRAINING (FURTHER
CONSEQUENTIAL AMENDMENTS) BILL 2008
[Bill 58] 5
Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
s. 3 Part 1 - Preliminary
3. Guiding principle
In the administration of this Act, regard is to be
had to the principle that the Polytechnic is to
work collaboratively with the Tasmanian
Academy established by the Education and
Training (Tasmanian Academy) Act 2008 and
the Tasmanian Skills Institute established by the
Education and Training (Tasmanian Skills
Institute) Act 2008 so as to maximise the
qualifications and skills of Tasmanians obtained
through education and training undertaken after
the completion of Year 10.
4. Interpretation
In this Act -
"Board" means the Board of Directors of the
Polytechnic established under section 8;
"chief executive officer" means the chief
executive officer of the Polytechnic
appointed under section 14;
"corporate plan" means the corporate plan
approved under section 21;
"director" means -
(a) a person appointed to the Board
under section 8; or
(b) a person appointed to a vacant
office of director under clause 6
of Schedule 1;
6
Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
Part 1 - Preliminary s. 4
"employee" means a person appointed or
employed for the purposes of the
Polytechnic, as specified in section 17;
"financial statements" means the financial
statements referred to in section 27;
"overseas student" means a student who -
(a) is not entitled to reside
permanently in Australia; and
(b) would not normally be resident in
Australia if he or she were not
attending the Polytechnic or a
similar institution;
"Polytechnic" means the Tasmanian
Polytechnic established under section 5;
"post-Year 10 education and training"
means education and training that is
usually undertaken by persons following
the completion of Year 10 but does not
include higher education, within the
meaning of the Tasmanian Qualifications
Authority Act 2003;
"student" means a person who is undertaking
post-Year 10 education and training with
the Polytechnic;
"student organisation" means an
organisation formed for the benefit of
students;
7
Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
s. 4 Part 1 - Preliminary
"Year 10" means the year of secondary
education commonly known as Year 10.
8
Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
Part 2 - Tasmanian Polytechnic s. 5
PART 2 - TASMANIAN POLYTECHNIC
Division 1 - Establishment of Tasmanian Polytechnic
5. Establishment of Tasmanian Polytechnic
(1) The Tasmanian Polytechnic is established.
(2) The Polytechnic -
(a) is a body corporate with perpetual
succession; and
(b) may have a seal; and
(c) may sue and be sued in its corporate
name; and
(d) is an instrumentality of the Crown.
(3) If the Polytechnic has a seal -
(a) it is to be kept and used as authorised by
the Polytechnic; and
(b) all courts and persons acting judicially
must take judicial notice of the imprint of
the seal on a document and presume that
it was duly sealed by the Polytechnic.
6. Functions of Polytechnic
The Polytechnic has the following functions:
(a) to provide and promote, in accordance
with any directions provided by the
9
Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
s. 6 Part 2 - Tasmanian Polytechnic
Minister, post-Year 10 education and
training for the purpose of enabling
persons to acquire qualifications and
participate in the workforce and further
education and training;
(b) to provide services, career development
support and other support for students in
relation to post-Year 10 education and
training for the purpose of enabling them
to acquire qualifications and participate
in the workforce and further education
and training;
(c) if practicable, to consult and enter into
partnerships with other education
providers, including schools, in respect
of making available to persons in rural
and isolated communities post-Year 10
education and training for the purpose of
enabling such persons to acquire
qualifications and participate in the
workforce and further education and
training;
(d) to advise the Minister of any significant
development relating to the provision of
post-Year 10 education and training for
the purpose of enabling persons to
acquire qualifications and participate in
the workforce and further education and
training;
(e) any other function of the Polytechnic
under this or any other Act.
10
Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
Part 2 - Tasmanian Polytechnic s. 7
7. Powers of Polytechnic
(1) The Polytechnic has the following powers:
(a) subject to any other Act, to provide
education and training, other than post-
Year 10 education and training, for the
purpose of enabling persons to acquire
qualifications and participate in the
workforce and further education and
training;
(b) to undertake commercial activities
incidental to the provision of post-Year
10 education and training for the purpose
of enabling persons to acquire
qualifications and participate in the
workforce and further education and
training;
(c) to hire or hire out property;
(d) to lease, sell, otherwise dispose of or buy
property, other than real property;
(e) with the approval of the Minister, to
lease, sell, otherwise dispose of or buy
real property;
(f) to enter into contracts;
(g) to provide services to other persons and
organisations in accordance with such
contracts;
11
Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
s. 8 Part 2 - Tasmanian Polytechnic
(h) to do anything necessary or convenient in
relation to the performance of its
functions.
(2) The Polytechnic also has the following powers:
(a) with the written approval of the Minister
and the Treasurer, to form, or participate
in the formation of, a company;
(b) with the written approval of the Minister
and the Treasurer, to participate in a
trust;
(c) with the written approval of the Minister
and the Treasurer, to participate in any or
all of the following arrangements for the
purpose of the sharing of profits:
(i) a joint venture;
(ii) a partnership;
(iii) any other arrangement.
Division 2 - Board of Polytechnic
8. Board of Polytechnic
(1) The Polytechnic has a Board of Directors
consisting of 7 persons appointed by the
Minister.
(2) Before appointing a person to the Board, the
Minister may call for expressions of interest in
the appointment by advertising in at least 3 daily
12
Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
Part 2 - Tasmanian Polytechnic s. 8
newspapers printed, and circulating, in
Tasmania.
(3) In appointing a person to the Board, the Minister
is to -
(a) have regard to the need for the directors
together to have -
(i) the knowledge and skills
necessary to ensure that the
functions of the Polytechnic are
performed competently; and
(ii) business and financial skills; and
(iii) an understanding of the post-Year
10 education and training needs
of students and potential students
and the requirements for meeting
those needs; and
(iv) an understanding of the needs of
the community and industry for
persons with the knowledge and
skills provided by post-Year 10
education and training and the
requirements for meeting those
needs; and
(b) if the Minister has called for expressions
of interest, consider any expressions of
interest received; and
(c) take into account the desirability of
having as directors both men and
women; and
13
Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
s. 9 Part 2 - Tasmanian Polytechnic
(d) take into account the desirability of
having as directors persons with an
understanding of the interests of parents
and the community; and
(e) take into account the desirability of
having as directors persons from all
regions of the State.
(4) The Minister may appoint a director as
chairperson of the Board.
(5) Schedule 1 has effect with respect to the
directors.
(6) Schedule 2 has effect with respect to meetings of
the Board.
9. Responsibilities and powers of Board
(1) The Board is responsible to the Minister for -
(a) the performance of the functions of the
Polytechnic; and
(b) the achievement by the Polytechnic of
the objectives specified in its corporate
plan; and
(c) ensuring that the business and affairs of
the Polytechnic are managed and
conducted -
(i) in accordance with sound
business practice; and
14
Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
Part 2 - Tasmanian Polytechnic s. 10
(ii) in a manner that is consistent
with any directions given by the
Minister under section 20.
(2) The Board has power to do anything necessary
or convenient in relation to its responsibilities
under this Act.
10. Delegation by Board
The Board may delegate any of its powers or
responsibilities, other than this power of
delegation.
11. Acting directors
(1) In this section -
"absent" means -
(a) absent from duty; or
(b) otherwise unable to perform the
functions of a director.
(2) The Minister may appoint a person to act as a
director if a director is absent.
(3) A person appointed to act as a director under this
section is taken to be a director.
(4) The appointment of a person to act as a director
terminates when the absent director resumes the
performance of the functions of director or the
15
Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
s. 12 Part 2 - Tasmanian Polytechnic
absent director resigns or is removed from the
office of director.
12. Offences as director
(1) A director must act honestly in the performance
and exercise of the functions and powers of a
director.
Penalty: Fine not exceeding 50 penalty units.
(2) In performing and exercising the functions and
powers of a director, a director must exercise the
same degree of care and diligence that a person
in a similar position in a corporation, within the
meaning of the Corporations Act, is required to
exercise.
Penalty: Fine not exceeding 50 penalty units.
(3) A director or former director must not use
improperly, whether within Tasmania or
elsewhere, information acquired as a director -
(a) to gain, directly or indirectly, a personal
advantage or an advantage for another
person; or
(b) to cause damage to the Polytechnic.
Penalty: Fine not exceeding 100 penalty units
or imprisonment for a term not
exceeding 5 years, or both.
(4) A director or former director must not use
improperly, whether within Tasmania or
16
Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
Part 2 - Tasmanian Polytechnic s. 13
elsewhere, his or her position as a director or the
fact that he or she is or was a director -
(a) to gain, directly or indirectly, a personal
advantage or an advantage for another
person; or
(b) to cause damage to the Polytechnic.
Penalty: Fine not exceeding 100 penalty units
or imprisonment for a term not
exceeding 5 years, or both.
13. Repayment of improper profit
If a person is found guilty of an offence under
section 12, the Polytechnic may recover in a
court of competent jurisdiction as a debt due to
it -
(a) any profit made by that person or another
person as a result of the commission of
the offence; and
(b) an amount equal to any loss and damage
it suffered as a result of the commission
of the offence.
Division 3 - Chief executive officer
14. Chief executive officer
(1) Subject to and in accordance with the State
Service Act 2000, a chief executive officer of the
Polytechnic may be appointed.
17
Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
s. 15 Part 2 - Tasmanian Polytechnic
(2) The chief executive officer is not eligible to hold
the office of director.
15. Responsibilities of chief executive officer
(1) The chief executive officer is responsible to the
Board for the general administration and
management of the Polytechnic.
(2) The chief executive officer -
(a) must carry out any responsibilities, and
may exercise any powers, delegated by
the Board; and
(b) must perform any functions or carry out
any responsibilities imposed on, and may
exercise any other powers granted by,
this or any other Act.
16. Delegation by chief executive officer
The chief executive officer may delegate any of
his or her responsibilities, functions or powers,
other than this power of delegation.
Division 4 - Employees
17. Employees
(1) Subject to and in accordance with the State
Service Act 2000, persons may be appointed for
the purpose of this Act.
18
Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
Part 2 - Tasmanian Polytechnic s. 17
(2) Despite sections 37(1) and (3) of the State
Service Act 2000, the Minister administering that
Act may appoint, for the purposes of this Act, a
person under that Act as a sessional employee to
undertake duties for the purpose of delivering
training sessions.
(3) A person appointed as a sessional employee
pursuant to subsection (2) -
(a) is taken, for all purposes, to be an
employee within the meaning of the State
Service Act 2000; but
(b) is not, by reason only of that
appointment, to be regarded for any
purpose as being in full-time
employment, part-time employment or
casual employment within the meaning
of the Industrial Relations Act 1984.
(4) In this section -
"training session" means a workplace-
oriented course or part of a course that is
designed to -
(a) facilitate or supervise learning
through any one or more of the
following:
(i) instruction;
(ii) mentoring;
(iii) coaching;
(iv) observation;
19
Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
s. 18 Part 2 - Tasmanian Polytechnic
(v) demonstration;
(vi) the conduct of assessment
activities; and
(b) impart knowledge, skills and
attitudes.
(5) Subsections (2), (3) and (4) are incorporated
with, and are to be read together with, the State
Service Act 2000.
Division 5 - Committees
18. Audit committee
(1) The Board must establish an audit committee.
(2) An audit committee is to provide the Board with
advice on any of the following:
(a) the audit charter of the Polytechnic;
(b) monitoring the systems of financial
reporting and internal control;
(c) the resources necessary to carry out
internal audit of the Polytechnic;
(d) any other matter referred to it by the
Board.
(3) Schedule 3 has effect with respect to the
membership and meetings of the audit
committee.
20
Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
Part 2 - Tasmanian Polytechnic s. 19
19. Other committees
(1) The Board may establish any committee it
considers appropriate in relation to the functions
and powers of the Polytechnic.
(2) A committee is to provide advice to the Board
on any matter referred to it by the Board.
(3) Schedule 3 has effect with respect to the
membership and meetings of a committee.
Division 6 - Directions and plans
20. Ministerial directions
(1) After consulting with the Board, the Minister, by
notice in writing, may give the Board directions
in connection with the functions and powers of
the Polytechnic.
(2) The Board must comply with any direction given
by the Minister.
21. Corporate plan
(1) The Board, by 31 May in each year, is to prepare
a corporate plan in respect of at least a 3-year
period commencing on 1 July in that year.
(2) The corporate plan is to include the following:
(a) a statement of the Polytechnic's
objectives, policies and programs;
21
Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
s. 22 Part 2 - Tasmanian Polytechnic
(b) a statement of the Polytechnic's financial
plans;
(c) the major strategies to be used to achieve
the objectives and give effect to the
policies, programs and plans.
(3) The Board is to provide a copy of the proposed
corporate plan to the Minister for approval.
(4) The Minister, after consultation with the
Treasurer, may -
(a) approve the corporate plan; or
(b) require the Board to amend the corporate
plan before approving it.
(5) The Board may prepare an amendment of its
corporate plan at any time.
(6) An amendment of the corporate plan takes effect
when the Minister, after consultation with the
Treasurer, approves the amendment.
(7) Except where the Minister, after consulting with
the Treasurer, otherwise approves, the
Polytechnic must act in accordance with its
corporate plan or amended corporate plan.
22. Notification of developments
The Board is to notify the Minister, as soon as
practicable, of any developments that, in the
opinion of the Board, may -
22
Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
Part 2 - Tasmanian Polytechnic s. 22
(a) prevent or significantly affect the
achievement of the objectives specified
in the corporate plan; or
(b) significantly affect the financial viability
or operating ability of the Polytechnic; or
(c) significantly affect any other policy or
program specified in the corporate plan.
23
Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
s. 23 Part 3 - Financial Affairs and Reports
PART 3 - FINANCIAL AFFAIRS AND REPORTS
Division 1 - Financial provisions
23. Authorised deposit-taking institution accounts
The Polytechnic, with the written approval of the
Treasurer, may open and maintain such
authorised deposit-taking institution accounts as
it considers necessary.
24. Funds of Polytechnic
(1) The funds of the Polytechnic consist of any
money -
(a) received by it by way of fees and charges
under this Act; and
(b) otherwise received by it in the course of
performing its functions and exercising
its powers; and
(c) received by it from any other source.
(2) The funds of the Polytechnic are to be applied -
(a) in payment of the remuneration of the
directors, the chief executive officer and
the employees; and
(b) in payment or discharge of the expenses,
charges and obligations incurred or
undertaken by the Polytechnic in the
24
Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
Part 3 - Financial Affairs and Reports s. 25
performance and exercise of its functions
and powers.
25. Effect of Financial Agreement Act 1994
If the Treasurer, under section 5(1) of the
Financial Agreement Act 1994, requires the
Polytechnic to do or refrain from doing anything
for the purpose of implementing the Agreement,
within the meaning of that Act, the Polytechnic
must comply with that requirement.
Division 2 - Accounting records and financial statements
26. Accounting records
The Board is to -
(a) keep accounting records that correctly
record and explain its transactions
(including any transactions as trustee)
and financial position; and
(b) keep those records in a manner that -
(i) allows true and fair accounts of
the Polytechnic to be prepared
from time to time; and
(ii) allows the accounts of the
Polytechnic to be conveniently
and properly audited or reviewed;
and
25
Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
s. 27 Part 3 - Financial Affairs and Reports
(iii) subject to any contrary direction
of the Treasurer, complies with
the Australian Accounting
Standards; and
(iv) complies with any written
directions of the Minister.
27. Financial statements
(1) Within 45 days after the end of the financial
year, the Board is to -
(a) prepare the financial statements for the
Polytechnic relating to that financial
year; and
(b) provide the Auditor-General with the
financial statements of the Polytechnic.
(2) Financial statements in respect of a financial
year are to consist of the following:
(a) an operating statement for that financial
year;
(b) a statement of financial position as at the
end of that financial year;
(c) a statement of the cash flows for that
financial year;
(d) any other financial information required
to be included by a direction given under
subsection (4);
26
Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
Part 3 - Financial Affairs and Reports s. 28
(e) any statements, reports and notes, other
than a directors' report or an auditor's
report, attached to, or intended to be read
with, the operating statement and the
statement of financial position.
(3) The financial statements are to -
(a) comply with any direction given under
subsection (4); and
(b) subject to that direction, comply with the
Australian Accounting Standards.
(4) The Treasurer may give any written directions to
the Board in respect of the form of the financial
statements.
28. Report of Auditor-General
The Auditor-General must provide the Board,
the Minister and the Treasurer with a copy of his
or her report made under section 40 of the
Financial Management and Audit Act 1990 in
respect of the financial statements of the
Polytechnic.
Division 3 - Annual report and other information
29. Annual report
(1) The Board is to prepare for the Polytechnic an
annual report for each financial year.
(2) The annual report is to include the following:
27
Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
s. 29 Part 3 - Financial Affairs and Reports
(a) the financial statements of the
Polytechnic for the financial year to
which the annual report relates;
(b) a copy of the report of the Auditor-
General received under section 28 in
respect of the financial statements;
(c) a summary of the corporate plan of the
Polytechnic;
(d) a report on the performance of the
Polytechnic;
(e) a report on the operations of the
Polytechnic;
(f) any information the Minister requires
relating to the directors, chief executive
officer and employees;
(g) the details of any directions given by the
Minister under section 20 and any action
taken by the Board in respect of those
directions;
(h) any other information the Minister
requires;
(i) any other information the Board
considers is appropriate or necessary to
properly inform the Minister and
Parliament as to the performance and
progress of the Polytechnic.
(3) The Board is to provide the annual report to the
Minister.
28
Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
Part 3 - Financial Affairs and Reports s. 30
(4) Section 36 of the State Service Act 2000 does not
apply in respect of the Board.
30. Tabling of annual report
(1) The Minister is to lay a copy of the annual report
of the Polytechnic provided under section 29
before each House of Parliament within 4
months after the end of the financial year to
which the annual report relates.
(2) If the Minister is unable to comply with
subsection (1) for any reason other than that a
House of Parliament is not sitting at the
expiration of the period specified in that
subsection, the Minister, before the expiration of
that period, is to lay before each House of
Parliament a statement specifying -
(a) the reasons for the failure to comply with
that subsection; and
(b) an estimate of the day by which a copy of
the annual report may be ready to be laid
before each House of Parliament.
(3) If the Minister is unable to lay a copy of the
annual report before a House of Parliament
within the period specified in subsection (1) or
by the day specified in a statement referred to in
subsection (2) because either House of
Parliament is not sitting at the expiration of that
period or on that day, the Minister is to -
29
Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
s. 31 Part 3 - Financial Affairs and Reports
(a) provide a copy of the annual report to the
Clerk of that House of Parliament
immediately after the expiration of that
period or that day; and
(b) lay a copy of the annual report before
that House within the next 7 sitting-days
of that House.
Division 4 - Miscellaneous
31. Treasurer's Instructions
Treasurer's Instructions issued under the
Financial Management and Audit Act 1990
apply to the Polytechnic as if it were an Agency
within the meaning of that Act.
30
Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
Part 4 - By-laws s. 32
PART 4 - BY-LAWS
32. By-laws
(1) The Board may make by-laws in respect of -
(a) any matter relating to the functions and
powers of the Polytechnic; and
(b) the conduct and discipline of any persons
in respect of -
(i) any facilities and equipment
owned, occupied, managed or
used by the Polytechnic; or
(ii) the provision of post-Year 10
education and training; and
(c) the operation of student organisations.
(2) By-laws may be made so as to apply differently
according to factors specified in the regulations.
(3) The by-laws may -
(a) provide that a contravention of any of the
by-laws is an offence; and
(b) in respect of such an offence, provide for
the imposition of a fine not exceeding 20
penalty units and, in the case of a
continuing offence, a further fine not
exceeding 5 penalty units for each day
during which the offence continues.
31
Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
s. 32 Part 4 - By-laws
(4) The by-laws may authorise any matter to be
from time to time determined, applied or
regulated by the Board, the chief executive
officer or another person specified in the by-
laws.
(5) The by-laws are statutory rules for the purposes
of the Rules Publication Act 1953.
32
Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
Part 5 - Miscellaneous s. 33
PART 5 - MISCELLANEOUS
33. Fees, levies and charges
(1) The Polytechnic, subject to this section, may
impose, as it considers appropriate -
(a) fees and charges in respect of the
provision of post-Year 10 education and
training; and
(b) levies in respect of incidental costs and
expenses incurred in providing post-Year
10 education and training; and
(c) fees and charges in respect of other
goods and services it provides.
(2) The Polytechnic is not entitled to impose for a
year, or part of a year, a fee or charge in respect
of the provision of post-Year 10 education and
training referred to in subsection (1)(a) to a
student who -
(a) is entitled under section 47B(2) of the
Education Act 1994 to attend the
Polytechnic in that year; and
(b) has not attained the age of 19 years
before 1 January in that year; and
(c) is not an overseas student.
(3) The Polytechnic may exempt a person, or a class
of persons, from the obligation to pay all or part
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Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
s. 34 Part 5 - Miscellaneous
of any fee, levy or charge that would otherwise
be payable.
34. Reviews
At the direction of the Minister, the Secretary of
the department responsible for the administration
of the Education Act 1994 is to carry out such
reviews as the Minister considers appropriate for
the purposes of assessing -
(a) the acquisition of qualifications by
students; and
(b) whether on having attended the
Polytechnic the students have acquired
qualifications and are able to participate
in the workforce and further education
and training; and
(c) the relevance of the qualifications
acquired by the students to their ability to
participate in the workforce and further
education and training.
35. Transfer of Crown land
(1) The Minister, by notice published in the Gazette,
may transfer Crown land specified in the notice
to the Polytechnic if -
(a) the Treasurer and the Minister
administering the Crown Lands Act 1976
approve that transfer; and
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Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
Part 5 - Miscellaneous s. 35
(b) the Polytechnic has agreed to the
transfer.
(2) A notice under subsection (1) -
(a) takes effect on the day it is published in
the Gazette or a later day specified in the
notice; and
(b) is not a statutory rule for the purposes of
the Rules Publication Act 1953.
(3) On the day on which a notice under
subsection (1) takes effect, the Crown land
specified in the notice vests in the Polytechnic -
(a) subject only to those estates in the land
specified in the notice; or
(b) if the notice does not specify that the
land vests subject to an estate, free from
all encumbrances.
(4) On the recommendation of the Minister, the
Treasurer, by notice in the Gazette, may exempt
the Polytechnic from any liability to pay any
State charges, taxes or duties specified in the
notice in respect of the vesting of land under this
section.
(5) A notice under subsection (4) is not a statutory
rule for the purposes of the Rules Publication
Act 1953.
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Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
s. 36 Part 5 - Miscellaneous
36. Transfer of property and liabilities
(1) The Minister, by notice published in the Gazette,
may transfer any property and rights (other than
Crown land) and liabilities and obligations,
whether actual, prospective or contingent, of the
Crown to the Polytechnic as specified in that
notice.
(2) On the day on which a notice under
subsection (1) takes effect -
(a) the property and rights specified in the
notice vest in the Polytechnic; and
(b) the liabilities and obligations specified in
the notice become the liabilities and
obligations of the Polytechnic.
(3) A notice under subsection (1) is not a statutory
rule for the purposes of the Rules Publication
Act 1953.
37. Regulations
(1) The Governor may make regulations for the
purpose of this Act.
(2) Regulations may be made so as to apply
differently according to such factors as are
specified in the regulations.
(3) The regulations may -
(a) provide that a contravention of any of the
regulations is an offence; and
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Act No. of
Part 5 - Miscellaneous s. 38
(b) in respect of such an offence, provide for
the imposition of a fine not exceeding 50
penalty units and, in the case of a
continuing offence, a further fine not
exceeding 10 penalty units for each day
during which the offence continues.
(4) The regulations may authorise any matter to be
from time to time determined, applied or
regulated by the Board or the chief executive
officer.
(5) The regulations may contain provisions of a
savings or transitional nature consequent on the
enactment of this Act.
(6) A provision referred to in subsection (5) may
take effect on and from the day on which this
Act commences or a later day.
38. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(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.
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Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
sch. 1
SCHEDULE 1 - DIRECTORS
Section 8(5)
1. Term of office
A director is appointed for such period, not
exceeding 3 years, as is specified in the
instrument of appointment and, if eligible, may
be reappointed.
2. Holding other office
The holder of an office who is required under
any Act to devote the whole time to the duties of
that office is not disqualified from -
(a) holding that office in conjunction with
the office of director; or
(b) accepting any remuneration payable to a
director.
3. State Service Act 2000
(1) The State Service Act 2000 does not apply in
relation to a director in his or her capacity as a
director.
(2) A person may hold the office of director in
conjunction with State Service employment.
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Education and Training (Tasmanian Polytechnic) Act 2008
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sch. 1
4. Remuneration and conditions of appointment
(1) A director is entitled to be paid such
remuneration and allowances as the Minister
determines.
(2) A director who is a State Service employee or
State Service officer is not entitled to
remuneration or allowances under this clause
except with the approval of the Minister
administering the State Service Act 2000.
(3) A director holds office on such conditions in
relation to matters not provided for by this Act
as are specified in the director's instrument of
appointment.
5. Vacation of office
(1) A director vacates office if he or she -
(a) dies; or
(b) resigns by written notice provided to the
Minister; or
(c) is removed from office under this
section.
(2) The Minister may remove a director from office
if the director -
(a) is absent from 3 consecutive meetings of
the Board without the permission of the
other directors; or
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Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
sch. 1
(b) becomes bankrupt, applies to take the
benefit of any law for the relief of
bankrupt or insolvent debtors,
compounds with the director's creditors
or makes an assignment of the director's
remuneration or estate for their benefit;
or
(c) is convicted, in Tasmania or elsewhere,
of a crime or offence punishable by
imprisonment for 12 months or longer; or
(d) is convicted of an offence under this Act;
or
(e) under this Act, ceases to be eligible to
hold the office; or
(f) has benefited from, or claimed to be
entitled to benefit from, a contract made
by or on behalf of the Polytechnic, other
than a contract for goods or services
supplied by the Polytechnic, if those
goods or services are ordinarily supplied
by the Polytechnic on the same terms as
are ordinarily supplied to other persons
in the same situation; or
(g) fails to disclose a pecuniary interest as
required under clause 7 of Schedule 2.
(3) The Minister may remove a director from office
if satisfied that the director is unable to perform,
or is not performing, adequately or competently
the duties of office.
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Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
sch. 1
(4) The Minister may remove all directors from
office if satisfied that the Board has wilfully
disregarded any directions given by the Minister
under section 20.
(5) If the Minister removes all the directors under
subclause (4), the Minister is to lay a copy of the
reasons for their removal before each House of
Parliament within 21 sitting-days after their
removal.
6. Filling of vacancies
(1) If the office of a director becomes vacant, the
Minister may appoint a person to the vacant
office for a period not exceeding 3 years.
(2) In appointing a person as a director under
subclause (1), the Minister is to comply with
section 8(3).
7. Validation of proceedings, &c.
(1) An act or proceeding of the Board or of a person
acting under any direction of the Board is not
invalidated by reason only that at the time when
the act or proceeding was done, taken or
commenced there was a vacancy in the office of
a director.
(2) All acts and proceedings of the Board or of a
person acting under a direction of the Board are,
despite the subsequent discovery of a defect in
the appointment of a director or that any other
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Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
sch. 1
person was disqualified from acting as, or
incapable of being, a director, as valid as if the
director had been duly appointed and was
qualified to act as, or capable of being, a
director, and as if the Board had been fully
constituted.
8. Presumptions
In any proceeding by or against the Polytechnic
or the Board, unless evidence is given to the
contrary, proof is not required of -
(a) the constitution of the Board; or
(b) the appointment of a director.
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Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
sch. 2
SCHEDULE 2 - MEETINGS OF BOARD
Section 8(6)
1. Convening of meetings
(1) The Board is to meet at least 6 times in each
calendar year.
(2) The chairperson, after giving each director
reasonable notice of a meeting -
(a) may convene a meeting at any time; and
(b) must convene a meeting when requested
to do so by 2 or more other directors; and
(c) must convene a meeting in accordance
with any resolution of a previous
meeting.
(3) If the chairperson of the Board is absent from
duty or otherwise unable to perform the duties of
the office, a meeting may be convened, after
reasonable notice has been given of the meeting,
by -
(a) two or more other directors; or
(b) a person authorised by the Board to do
so.
(4) For the purposes of subclauses (2) and (3), what
constitutes reasonable notice is to be determined
by the Board.
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Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
sch. 2
2. Presiding at meetings
(1) The chairperson of the Board is to preside at all
meetings of the Board at which he or she is
present.
(2) If the chairperson is not present at a meeting of
the Board, a director elected by the directors
present at the meeting is to preside.
3. Quorum and voting at meetings
(1) At a meeting of the Board, a quorum is
constituted by the majority of the total number of
directors.
(2) A meeting of the Board at which a quorum is
present is competent to transact any business of
the Board.
(3) At a meeting of the Board -
(a) the director presiding has a deliberative
vote only; and
(b) a question is decided -
(i) by a majority of votes of the
directors present and voting; or
(ii) in the negative if there is an
equality of votes of the directors
present and voting.
(4) At a meeting of the Board where a member is
excluded from being present and taking part in
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Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
sch. 2
the consideration and decision of the Board in
relation to a matter, a quorum for the purposes of
considering and making a decision in relation to
that matter is constituted by the number of
members specified as constituting a quorum in
subclause (1) less the number of members so
excluded.
4. Conduct of meetings
(1) Subject to this Act, the Board may regulate the
calling of, and the conduct of business at, its
meetings as it considers appropriate.
(2) The Board may permit directors to participate in
a particular meeting or all meetings by -
(a) telephone; or
(b) video conference; or
(c) any other means of communication
approved by the Board.
(3) A director who participates in a meeting under a
permission granted under subclause (2) is taken
to be present at the meeting.
(4) Without limiting subclause (2), the Board may
allow persons to attend any meeting or part of a
meeting for the purpose of advising or informing
the Board on any matter.
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Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
sch. 2
5. Resolutions without meetings
(1) If all directors sign a document containing a
statement that they are in favour of a resolution
in the terms set out in the document, a resolution
in those terms is taken to have been passed at a
meeting of the Board held on the day on which
the document is signed or, if the directors do not
sign it on the same day, on the day on which the
last of the directors signs the document.
(2) If a resolution is taken to have been passed under
subclause (1), each director is to be -
(a) advised immediately of the matter; and
(b) given a copy of the terms of the
resolution.
(3) For the purposes of subclause (1), 2 or more
separate documents containing a statement in
identical terms, each of which is signed by one
or more directors, constitute one document.
6. Minutes
The Board is to keep accurate minutes of
meetings.
7. Disclosure of interests
(1) If a director has a direct or indirect pecuniary
interest in a matter that is being considered, or
about to be considered, by the Board, the
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Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
sch. 2
director must, as soon as practicable after the
relevant facts come to the director's knowledge,
disclose the nature of the interest to the Board.
Penalty: Fine not exceeding 50 penalty units or
a term of imprisonment not exceeding
3 months, or both.
(2) Unless the Board otherwise determines, a
director who has made a disclosure under
subclause (1) must not -
(a) be present during any deliberation of the
Board in relation to the matter; or
(b) take part in any decision of the Board in
relation to the matter.
(3) For the purpose of making a determination under
subclause (2), the director to whom the
determination relates must not -
(a) be present during any deliberation of the
Board for the purpose of making the
determination; or
(b) take part in making the determination.
(4) Subclause (1) does not apply -
(a) in respect of a contract for goods or
services supplied by the Polytechnic if
those goods or services are ordinarily
supplied by the Polytechnic on the same
terms as they are ordinarily supplied to
other persons in the same situation; or
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Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
sch. 2
(b) in respect of an interest that arises only
because the director is also a State
Service officer or State Service
employee.
8. General procedure
Except as provided by this Act, the Board may
regulate its own proceedings.
9. Presumptions
In any proceeding by or against the Polytechnic
or the Board, unless evidence is given to the
contrary, proof is not required of -
(a) any resolution of the Board; and
(b) the presence of a quorum at any meeting
of the Board.
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Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
sch. 3
SCHEDULE 3 - COMMITTEES
Section 18(3) and 19(3)
1. Interpretation
In this Schedule -
"committee" means -
(a) the audit committee established
under section 18; and
(b) a committee established under
section 19.
2. Membership of committees
(1) A committee consists of any number of persons
the Board determines.
(2) The chief executive officer must not be a
member of the audit committee.
(3) The Board is to appoint a director as chairperson
of a committee.
3. Conditions of appointment
(1) A member of a committee is entitled to be paid
any remuneration and allowances the Minister
determines.
(2) A member of a committee who is a State Service
employee or State Service officer is not entitled
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Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
sch. 3
to remuneration or allowances under this clause
except with the approval of the Minister
administering the State Service Act 2000.
(3) A member of a committee holds that office for
the period, and on the conditions, the Board
determines.
4. Meetings
(1) Meetings of a committee are to be held in
accordance with any directions given by the
Board.
(2) A committee may obtain assistance, information
and advice from any person.
(3) Except as otherwise provided by this Schedule
and the Board, a committee may regulate the
calling of, and the conduct of business at, its
meetings.
5. Disclosure of interests
(1) If -
(a) a member of a committee has a direct or
indirect pecuniary interest in a matter
being considered, or about to be
considered, by the committee; and
(b) the interest could conflict with the proper
performance of the member's duties in
relation to consideration of the matter -
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Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
sch. 3
the member, as soon as practicable after the
relevant facts come to the member's knowledge,
must disclose the nature of the interest to a
meeting of the committee.
Penalty: Fine not exceeding 50 penalty units or
a term of imprisonment not exceeding
3 months, or both.
(2) Unless the committee otherwise determines, the
member of the committee must not -
(a) be present during any deliberation of the
committee in relation to the matter; or
(b) take part in any decision of the
committee in relation to the matter.
(3) For the purpose of making a determination under
subclause (2), the member of the committee to
whom the determination relates must not -
(a) be present during any deliberation of the
committee for the purpose of making the
determination; or
(b) take part in making the determination.
(4) Subclause (1) does not apply -
(a) in respect of a contract for goods or
services supplied by the Polytechnic if
those goods or services are ordinarily
supplied by the Polytechnic on the same
terms as they are ordinarily supplied to
other persons in the same situation; or
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Education and Training (Tasmanian Polytechnic) Act 2008
Act No. of
sch. 3
(b) in respect of an interest that arises only
because the member of a committee is
also a State Service officer or State
Service employee.
52 Government Printer, Tasmania