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TRAINING AND WORKFORCE DEVELOPMENT
(TRANSITIONAL PROVISIONS) BILL 2013
CLAUSE NOTES
PART 1 PRELIMINARY
Clause 1 Short title
Training and Workforce Development (Transitional
Provisions) Act 2013
Clause 2 Commencement
The Act commences on 1 July 2013
PART 2 TRANSITIONAL MATTERS FOR TASTAFE
Clause 3 Interpretation of Part
Provides meanings for terms used in the Part.
Clause 4 TasTAFE successor in title to Polytechnic and Skills
Institute
For avoidance of doubt, establishes that TasTAFE is a
continuation of the Polytechnic and Skills Institute.
Enables retention by the Department of property, liability
or a contract upon publication of a notice in the Gazette by
the Minister.
Clause 5 Continuation of Skills Institute Board and Skills Institute
audit committee
Provides for the continuation of the Skills Institute Board
and the audit committee after the repeal of the Skills
Institute Act. This is to enable the finalisation of financial
statements and semiannual report.
Clause 6 Abolition of Skills Institute, Skills Institute Board and
Skills Institute committees
Abolishes the Skills Institute from the commencement
date.
Abolishes the Skills Institute Board and audit committee on
a day determined by the Minister once their obligations
are fulfilled.
Abolishes all other committees from the repeal day.
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Clause 7 TasTAFE interim board
Transfers the interim board of TasTAFE to the actual Board
of TasTAFE.
Clause 8 Interim chief executive officer
Transfers the person appointed to the position of interim
chief executive officer of TasTAFE to the actual position of
chief executive officer of TasTAFE.
Clause 9 Employees of TasTAFE
For avoidance of doubt, ensures that a State servant
employed within the Polytechnic or Skills Institute is
employed within TasTAFE from commencement date
(1 July 2013).
Clause 10 Students and courses
For avoidance of doubt, ensures that a student enrolled at
the Polytechnic or Skills Institute is a student of TasTAFE
from commencement day.
For avoidance of doubt, establishes that a course of
education and training provided by the Polytechnic or Skills
Institute is a course of education and training provided by
TasTAFE from commencement day.
Clause 11 Bylaws of Skills Institute
Continues the Skills Institute bylaws for up to a period of
six months as if they were TasTAFE bylaws.
This is to give the TasTAFE Board time to develop its own
bylaws and still ensure that any student conduct and
discipline issues can be managed while that occurs.
Clause 12 Provisions relating to Polytechnic Regulations
Enables any student disciplinary hearings underway at the
Polytechnic at the commencement day to be taken over by
the TasTAFE Board.
Clause 13 Authorised deposittaking institution accounts
Directs the Skills Institute Board to close Skills Institute
bank accounts
Clause 14 Legal matters
For avoidance of doubt, establishes that any legal
proceeding involving the Polytechnic or Skills Institute prior
to commencement day may be continued by or against
TasTAFE after commencement day.
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Clause 15 Financial statements of Skills Institute
Requires the Skills Institute Board to provide financial
statements for the financial year ending on 30 June 2013
to the AuditorGeneral.
Clause 16 Annual report
Requires the Skills Institute Board to provide an annual
report for the financial year ending 30 June 2013 to the
Minister, and for the Minister to table the report in
Parliament.
Clause 17 Reference to Skills Institute Act and Polytechnic Act
Enables a reference in a document to the Skills Institute
Act or the Polytechnic Act to be taken as a reference to
Part 5 of the Training and Workforce Development Act
2013 or a corresponding provision of that Act.
PART 3 TRANSITIONAL MATTERS FOR SKILLS TASMANIA AND THE
FORMER TTAC
Clause 18 Interpretation of Part
Provides meanings for terms used in the Part
Clause 19 Continuation of former Skills Tasmania Board and former
Skills Tasmania audit committee
Provides for the continuation of the Skills Tasmania Board
and the audit committee after the repeal of the Vocational
Education and Training Act. This is to enable the
finalisation of financial statements and semiannual report.
Clause 20 Abolition of former Skills Tasmania, former Skills
Tasmania Board and former Skill Tasmania committees
Abolishes Skills Tasmania from the commencement date.
Abolishes the Skills Tasmania Board and audit committee
on a day determined by the Minister once their obligations
are fulfilled.
Abolishes all other committees from the repeal day.
Clause 21 Continuation of Skills Tasmania Equity Committee
Continues the equity committee as a committee
established by the Secretary
Clause 22 General manager of former Skills Tasmania
For avoidance of doubt, establishes that the General
Manager is an officer in the Department of Education.
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Clause 23 Initial members of new TTAC
Continues the current members of TTAC as the members
of the new TTAC.
Clause 24 Tasmanian Operational Requirements for Group Training
Organisations and registered group training organisations
Ensures that the current operational requirements for
Group Training Organisations continue and that group
training organisations that were registered under the
operational requirements become listed group training
organisations under section 13 of the Training and
Workforce Development Act.
Clause 25 Training agreements
Ensures that an existing training agreement continues as a
training contract.
Ensures that a determination or approval in relation to a
training agreement made prior to commencement day
continues to have effect after commencement day.
Clause 26 Vocational placement agreements
Ensures that an existing vocational placement agreement
continues to have effect.
Ensures that a determination or approval in relation to a
vocational placement agreement made prior to
commencement day continues to have effect after
commencement day.
Clause 27 Inquiries
Enables any inquiry commenced but not completed by the
former Skills Tasmania to continue as if it were being
undertaken by the Secretary.
Clause 28 Disputes
For avoidance of doubt, enables any dispute determination
commenced but not completed by TTAC or Skills Tasmania
to continue as if it were being heard by the new TTAC.
Clause 29 Inspections
Enables a certificate of authority for inspections issued by
Skills Tasmania to remain valid.
Clause 30 Contracts
Enables the transfer of Skills Tasmania's contracts to the
Department if appropriate.
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Clause 31 Documents
Enables documents issued by or referencing Skills Tasmania to
be taken as issued by or referencing the Secretary or the new
TTAC if appropriate.
Clause 32 Legal matters
Enables legal matters affecting Skills Tasmania prior to the
commencement day to be transferred to the Crown if
appropriate.
Clause 33 Semiannual report
Requires the Board to provide a semiannual report for the
period 1 January 2013 to 30 June 2013 to the Minister.
Clause 34 References to former VET Act
Enables a reference in a document to the VET Act to be taken as
a reference to the Training and Workforce Development Act
2013or provisions in that Act.
PART 4 TRANSITIONAL MATTERS FOR TEACHERS REGISTRATION
Clause 35 Reassessment of registration of teachers
Enables the Board to grant specialist VET registration to
people who are already registered.
PART 5 REGULATIONS
Clause 36 Regulations
Standard clause to provide for the making of regulations as
required for the purposes of the Act.
Clause 37 Administration of Act
Allocates responsibility for administration of the Act.
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