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TASMANIA
__________
TASMANIAN EARLY YEARS FOUNDATION BILL
2005
__________
CONTENTS
1. Short title
2. Commencement
3. Interpretation
4. Establishment of Foundation
5. Object of Foundation
6. Functions and powers of Foundation
7. Establishment of Board
8. Role of Board
9. Powers of Board
10. Committees
11. Chief executive officer
12. Role of chief executive officer
13. Disclosure of interests
14. Staff of Foundation
15. Funds of Foundation
16. Trust Account
17. Investment of funds
18. Expenditure of funds
19. Guidelines
[Bill 72]-I
20. Gifts, &c.
21. Prohibition on payment of dividends, &c.
22. Exemption of Foundation from State taxes, &c.
23. Accounts and audit
24. Annual report
25. Regulations
26. Administration of Act
Schedule 1 - Membership of Board
Schedule 2 - Meetings of Board
2
TASMANIAN EARLY YEARS FOUNDATION BILL
2005
(Brought in by the Minister for Education, the Honourable
Paula Catherine Wriedt)
A BILL FOR
An Act to establish the Tasmanian Early Years Foundation
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 Tasmanian Early
Years Foundation Act 2005.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Interpretation
In this Act, unless the contrary intention
appears -
"Board" means the Tasmanian Early Years
Foundation Board established under
section 7;
[Bill 72] 3
s. 4 No. Tasmanian Early Years Foundation 2005
"Commissioner for Children" means the
person appointed and holding office as
Commissioner for Children under the
Children, Young Persons and Their
Families Act 1997;
"Foundation" means the Tasmanian Early
Years Foundation established under
section 4.
4. Establishment of Foundation
(1) The Tasmanian Early Years Foundation is
established.
(2) The Foundation -
(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.
(3) If the Foundation has a seal -
(a) it is to be kept and used as authorised by
the Foundation; 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 Foundation.
4
2005 Tasmanian Early Years Foundation No. s. 5
5. Object of Foundation
The object of the Foundation is to support and
promote the wellbeing, development and
learning of Tasmanian children up to the age of
6 years.
6. Functions and powers of Foundation
(1) The Foundation has the following functions:
(a) to provide grants for evidence-based
early childhood projects and initiatives;
(b) to promote awareness of the importance
of early years of childhood;
(c) to promote research in relation to the
wellbeing, development and learning of
Tasmanian children up to the age of 6
years;
(d) such other functions as may be
prescribed.
(2) Other than employing staff, the Foundation has
power to do all things necessary or convenient to
be done in connection with the performance of
its functions.
(3) Without limiting subsection (2), the Foundation
may hold, dispose of or otherwise deal with
property.
5
s. 7 No. Tasmanian Early Years Foundation 2005
7. Establishment of Board
(1) The Tasmanian Early Years Foundation Board is
established.
(2) The Board consists of the following members:
(a) seven persons appointed by the Minister
who have skills and experience to enable
them to further the objects of the
Foundation;
(b) the Secretary of the Department;
(c) the Secretary of the responsible
Department in relation to the Children,
Young Persons and Their Families Act
1997;
(d) the Commissioner for Children.
(3) The Minister is to appoint one of the members
referred to in subsection (2)(a) to be the
chairperson of the Board.
(4) A person referred to in subsection (2)(b) or (c)
may, by written instrument, appoint a suitable
person who is a State Service officer or State
Service employee to be his or her deputy, and to
act on his or her behalf, in respect of matters
relating to the Board.
(5) An appointment under subsection (4) -
(a) may be for an indefinite period or a
period specified in the instrument of
appointment; and
6
2005 Tasmanian Early Years Foundation No. s. 8
(b) may be in respect of all matters relating
to the Board or any specified matters;
and
(c) is revocable at will.
(6) A person appointed under subsection (4), while
acting as deputy and in accordance with the
terms of his or her appointment, is taken to be a
member of the Board with all the powers, rights
and functions of such a member.
(7) Schedule 1 has effect with respect to
membership of the Board.
(8) Schedule 2 has effect with respect to meetings of
the Board.
8. Role of Board
The role of the Board is -
(a) to manage and conduct the affairs of the
Foundation in a manner that will further
the objects of the Foundation; and
(b) to perform such other functions as may
be prescribed.
9. Powers of Board
The Board has power to do all things necessary
or convenient to be done in connection with the
performance of its role.
7
s. 10 No. Tasmanian Early Years Foundation 2005
10. Committees
(1) The Board may from time to time establish such
committees as it considers necessary for the
purpose of assisting it in the performance of any
of its functions or the exercise of any of its
powers or advising it on any matter relating to
the objects of the Foundation.
(2) A committee comprises such persons as the
Board appoints.
(3) A member of the Board may be a member of a
committee.
(4) The Board may give written directions to a
committee and the committee must comply with
those directions.
(5) A committee is to keep accurate minutes of its
proceedings.
(6) Except as otherwise provided in this Act, a
committee may regulate its own proceedings.
11. Chief executive officer
(1) The Minister may appoint a person, other than a
member of the Board, as chief executive officer
of the Foundation.
(2) The chief executive officer is entitled to be paid
the remuneration and allowances specified in his
or her instrument of appointment.
(3) The chief executive officer holds office for a
term not exceeding 5 years on the terms and
conditions specified in his or her instrument of
appointment and may be reappointed.
8
2005 Tasmanian Early Years Foundation No. s. 12
(4) The Minister may remove the chief executive
officer from office if -
(a) the chief executive officer becomes
bankrupt, applies to take the benefit of
any law for the relief of bankrupt or
insolvent debtors, compounds with the
chief executive officer's creditors or
makes an assignment of the chief
executive officer's remuneration or estate
for their benefit; or
(b) the chief executive officer is convicted,
in Tasmania or elsewhere, of a crime or
offence punishable by imprisonment for
a term of 12 months or longer or a fine of
300 penalty units or more; or
(c) the Minister is satisfied that the chief
executive officer has been guilty of
misconduct; or
(d) the Minister is satisfied that the chief
executive officer is unable to perform
adequately or competently the duties of
office.
12. Role of chief executive officer
The chief executive officer of the Foundation is
responsible to the Board for the general
administration and management of the
Foundation.
9
s. 13 No. Tasmanian Early Years Foundation 2005
13. Disclosure of interests
The chief executive officer of the Foundation
must inform the Board, in writing, of any direct
or indirect pecuniary interest that he or she has
in any business, or body corporate that carries on
a business, as soon as practicable after he or she
acquires, or becomes aware of, that interest.
14. Staff of Foundation
(1) The Foundation may make arrangements with
the Secretary of the Head of a State Service
Agency for persons employed in that Agency to
be made available to the Foundation to enable
the Foundation to perform its functions and
exercise its powers under this Act and those
persons may, in conjunction with State Service
employment, serve the Foundation in any
capacity.
(2) In making any arrangements under
subsection (1), the Secretary of the Department
is to consult with the Commissioner for
Children.
15. Funds of Foundation
The funds of the Foundation consist of -
(a) such money as is provided by Parliament
for the purposes of the Foundation; and
(b) any money received by the Foundation
from any other source.
10
2005 Tasmanian Early Years Foundation No. s. 16
16. Trust Account
The Foundation may establish a trust account for
the purpose of administering its funds.
17. Investment of funds
The Foundation may invest its funds in any
manner in which trustees may by law invest trust
funds.
18. Expenditure of funds
The Foundation is to expend its funds in
pursuance of the objects of the Foundation.
19. Guidelines
The Foundation is to establish guidelines for the
provision of grants to organisations in pursuance
of the objects of the Foundation.
20. Gifts, &c.
The Foundation may accept a devise, bequest or
gift of any money or property.
21. Prohibition on payment of dividends, &c.
No dividend, bonus or other profit is at any time
to be paid out of the funds of the Foundation to
any member of the Board in his or her capacity
as such a member.
11
s. 22 No. Tasmanian Early Years Foundation 2005
22. Exemption of Foundation from State taxes, &c.
The Foundation and instruments to which the
Foundation is a party are not liable to any tax,
duty, fee, charge or other impost under the law
of Tasmania.
23. Accounts and audit
(1) The Foundation is to keep proper accounts and
records in relation to all its financial affairs and
activities and, as soon as practicable after 1 July
and not later than 31 October in each year, is to
prepare financial statements exhibiting a true and
correct record of its financial position and
transactions in respect of the preceding financial
year.
(2) The accounts of the Foundation kept for the
purposes of this Act are subject to the Financial
Management and Audit Act 1990.
24. Annual report
(1) The Board, not later than 31 October in each
year, is to prepare for the Foundation a report of
the Foundation's operations in respect of the
preceding financial year.
(2) A report under subsection (1) is to include -
(a) a copy of the financial statements
prepared under section 23(1) in respect
of the financial year to which the report
relates; and
12
2005 Tasmanian Early Years Foundation No. s. 25
(b) a copy of the Auditor-General's report in
respect of those financial statements.
(3) The Board is to submit the annual report to the
Minister so as to enable the Minister, on or
before 31 October in each year, to cause copies
of the report to be laid before each House of
Parliament.
(4) If the Minister is unable to comply with
subsection (3) because either House of
Parliament is not sitting, the Minister must -
(a) on 31 October following the end of the
financial year -
(i) forward copies of the annual
report to the Clerk of that House;
and
(ii) make the annual report available
to the public; and
(b) within the next 7 sitting-days of that
House, cause copies of the annual report
to be laid before that House.
25. Regulations
The Governor may make regulations for the
purposes of this Act.
26. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
13
s. 26 No. Tasmanian Early Years Foundation 2005
(a) the administration of this Act is assigned
to the Minister for Education; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of
Education.
14
2005 Tasmanian Early Years Foundation No. sch. 1
SCHEDULE 1 - MEMBERSHIP OF BOARD
Section 7(7)
1. Interpretation
In this Schedule -
"member" means a member of the Board
appointed by the Minister.
2. Term of office
A member is appointed for such period, not
exceeding 3 years, as is specified in the
member's instrument of appointment and, if
eligible, may be reappointed.
3. Holding other office
The holder of an office who is required by the
terms of his or her employment to devote the
whole of his or her time to the duties of that
office is not disqualified from -
(a) holding that office and also the office of
a member; or
(b) accepting any remuneration payable to a
member.
15
sch. 1 No. Tasmanian Early Years Foundation 2005
4. State Service Act 2000 not to apply
(1) The State Service Act 2000 does not apply in
relation to a member in his or her capacity as a
member.
(2) A person may hold the office of member in
conjunction with State Service employment.
5. Remuneration and conditions of appointment
(1) A member is entitled to be paid such
remuneration and allowances as the Minister
determines.
(2) A member who is a State Service officer or State
Service employee 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 member holds office on such conditions in
relation to matters not provided for by this Act
as are specified in the member's instrument of
appointment.
6. Vacation of office
(1) A member vacates office if he or she -
(a) dies; or
(b) resigns by written notice given to the
Minister; or
(c) is removed from office pursuant to
subclause (2) or (3).
16
2005 Tasmanian Early Years Foundation No. sch. 1
(2) The Minister may remove a member from office
if the member -
(a) is absent from 2 consecutive meetings of
the Board without the permission of the
Board; or
(b) becomes bankrupt, applies to take the
benefit of any law for the relief of
bankrupt or insolvent debtors,
compounds with the member's creditors
or makes an assignment of the member's
remuneration or estate for their benefit;
or
(c) is convicted, in Tasmania or elsewhere,
of a crime or an offence punishable by
imprisonment for a term of 12 months or
longer or a fine of 300 penalty units or
more.
(3) The Minister may remove a member from office
if satisfied that the member is unable to perform
adequately or competently the duties of office.
7. Filling of vacancies
If the office of a member becomes vacant, the
Minister may appoint a person to the vacant
office for the remainder of the member's term of
office if the Minister is satisfied that the person
has the skills and experience to enable him or
her to further the objects of the Foundation.
17
sch. 1 No. Tasmanian Early Years Foundation 2005
8. Validation of proceedings, &c.
(1) An act or proceeding of the Board or of a person
acting under a 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 member.
(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 member or that any other
person was disqualified from acting as, or
incapable of being, a member, as valid as if the
member had been duly appointed and was
qualified to act as, or capable of being, a
member, and as if the Board had been fully
constituted.
9. Presumptions
In any proceeding by or against 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 any member.
18
2005 Tasmanian Early Years Foundation No. sch. 2
SCHEDULE 2 - MEETINGS OF BOARD
Section 7(8)
1. Interpretation
In this Schedule -
"member" means a member of the Board.
2. Convening of meetings
(1) The chairperson of the Board, after giving each
member 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 members.
(2) 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 of the meeting has been given,
by -
(a) two or more other members; or
(b) a person authorised by the Board to do
so.
(3) For the purposes of subclauses (1) and (2), what
constitutes reasonable notice is to be determined
by the Board.
19
sch. 2 No. Tasmanian Early Years Foundation 2005
3. 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 member elected by the members
present at the meeting is to preside.
4. Quorum and voting at meetings
(1) Six members constitute a quorum at a meeting of
the Board.
(2) A meeting of the Board at which a quorum is
present is competent to transact any business of
the Board.
(3) Questions arising at a meeting of the Board are
determined by a majority of votes of the
members present and voting.
(4) The person presiding at a meeting of the Board
has a deliberative vote and, in the event of an
equality of votes, has a second or casting vote.
5. 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 members to participate in
a particular meeting or all meetings by -
(a) telephone; or
20
2005 Tasmanian Early Years Foundation No. sch. 2
(b) video conference; or
(c) any other means of communication
approved by the Board.
(3) A member who participates in a meeting under a
permission granted under subclause (2) is taken
to be present at the meeting.
(4) Without limiting subclause (1), the Board may
allow a person to attend a meeting for the
purpose of advising or informing it on any
matter.
6. Minutes
The Board is to keep accurate minutes of its
meetings.
7. Disclosure of interests
(1) If -
(a) a member has an interest, pecuniary or
otherwise, in a matter being considered,
or about to be considered, by the Board;
and
(b) the interest could conflict with the proper
performance of the member's duties in
relation to consideration of the matter -
the member must, as soon as practicable after the
relevant facts come to the member's knowledge,
disclose the nature of the interest to the Board.
21
sch. 2 No. Tasmanian Early Years Foundation 2005
Penalty: Fine not exceeding 10 penalty units or
a term of imprisonment not exceeding
3 months, or both.
(2) A disclosure under subclause (1) is to be
recorded in the minutes of the meeting at which
the matter is considered and, unless the Board
otherwise determines, a member who makes a
disclosure under subclause (1) in respect of a
matter 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 member 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.
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 Board,
unless evidence is given to the contrary, proof is
not required of -
22
2005 Tasmanian Early Years Foundation No. sch. 2
(a) any resolution of the Board; or
(b) the presence of a quorum at any meeting
of the Board.
Government Printer, Tasmania 23