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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 3.1.11

TAFE institutes and boards

    (1)     The Governor in Council may, on the recommendation of the Minister, by Order published in the Government Gazette—

        (a)     create a TAFE institute; or

        (b)     abolish a TAFE institute; or

        (c)     amalgamate one or more TAFE institutes; or

S. 3.1.11(1)(d) amended by No. 76/2013 s. 4.

        (d)     if the council of a dual sector university approves, merge a TAFE institute with the university; or

S. 3.1.11
(1)(da) inserted by No. 31/2018 s. 38(1).

        (da)     merge a TAFE institute with an adult education institution (other than AMES); or

Note

See section 3.1.26AB for further provisions relating to the merger of a TAFE institute with an adult education institution.

        (e)     change the name of a TAFE institute.

    (2)     An Order in Council under this section may—

        (a)     establish a board to oversee and govern a TAFE institute; or

        (b)     amalgamate the board of a TAFE institute with another board of a TAFE institute; or

        (c)     provide for the establishment of a board of a TAFE institute to oversee and govern both a TAFE institute and an adult education institution; or

Note

Section 3.1.26AA contains other matters relating to an Order in Council providing for a board of a TAFE institute that governs both that institute and an adult education institution.

        (d)     abolish the board of a TAFE institute; or

        (e)     change the name of the board of a TAFE institute; or

        (f)     make provision or further provision for or with respect to the constitution, management structure, membership, objectives, powers, duties or functions of a TAFE institute or the board of a TAFE institute or the manner of appointment or the terms and conditions of appointment of directors of the board of a TAFE institute; or

S. 3.1.11(2)(fa) inserted by No. 69/2015 s. 4(1).

        (fa)     make provision for—

              (i)     the conduct of elections of members of staff of a TAFE institute including electoral systems and procedures, voting methods, voter and candidate eligibility and dispute resolution; and

              (ii)     the training and support of elected directors of the board of a TAFE institute; or

        (g)     make provision for the board of a TAFE institute to make rules for the governance of the institute; or

        (h)     make provision for the board of a TAFE institute to delegate any of its powers and functions under this Act (except any powers delegated to it under this Act) to a person employed at the TAFE institute or to a committee established by or under an Order in Council relating to the board; or

              (i)     amend any provision of a previous Order in Council or Ministerial Order made under this section relating to a TAFE institute or the board of a TAFE institute; or

        (j)     make provision for or with respect to any matter of a consequential, transitional or savings nature consequent on the making of an Order in Council or Ministerial Order under this section including the rights, obligations and assignment of any property (subject to trusts), of any TAFE institute referred to in the Order.

S. 3.1.11(3) amended by No. 69/2015 s. 4(2).

    (3)     Without limiting the powers of the Governor in Council under this section, the Minister may also make Ministerial Orders for the purposes of subsection (2)(f), (fa), (g), (h), (i) or (j).

    (4)     The Minister must not make a recommendation for an Order in Council under subsection (1) or (2) or make a Ministerial Order under subsection (3) unless—

        (a)     in the case of an Order in Council made under subsection (1), the board (if any) of the TAFE institute or proposed TAFE institute concerned has made a request for the proposed Order in Council or has been consulted about the proposed Order in Council;

        (b)     in the case of an Order in Council or Ministerial Order made for the purposes of subsection (2), the board (if any) of the TAFE institute concerned has made a request for the proposed Order or has been consulted about the proposed Order;

S. 3.1.11
(4)(c) amended by No. 31/2018 s. 38(2).

        (c)     in the case of an Order in Council made under subsection (1)(da) or (2)(c), the board of the TAFE institute and the governing board of the adult education institution concerned have made a request for the proposed Order in Council or have been consulted about the proposed Order in Council.

    (5)     If an Order in Council made under this section changes the name of the board of a TAFE institute

        (a)     the board continues in existence under the new name so that its identity is not affected; and

        (b)     in an Act, a subordinate instrument or in any other document, a reference to the board under the former name must, except in relation to matters that occurred before the change of name, be construed as a reference to the board under the new name.

    (6)     If an Order in Council made under this section changes the name of a TAFE institute

        (a)     the institute continues in existence under the new name so that its identity is not affected; and

        (b)     in an Act, a subordinate instrument or in any other document, a reference to the institute under the former name must, except in relation to matters that occurred before the change of name, be construed as a reference to the institute under the new name; and

        (c)     the change of name does not affect any rights or obligations of the institute or render defective any legal proceedings by or against the institute; and

        (d)     any legal proceedings that might have been continued or commenced by or against the institute by its former name may be continued by or against it by its new name.

    (7)     If two or more TAFE institutes are amalgamated under an Order in Council made under this section, any legal proceedings that might have been commenced or continued by or against any of the institutes may be commenced or continued by or against the single institute formed by the amalgamation.

    (8)     A copy of every Order in Council or Ministerial Order made under this section must be laid before each House of Parliament as soon as practicable after it is made.

S. 3.1.11(9) inserted by No. 31/2018 s. 38(3).

    (9)     A copy of an Order in Council made under section 3.1.11(1)(da) must be published in the Government Gazette.

S. 3.1.12 amended by Nos 58/2007 s. 14, 71/2010 s. 54, 39/2012 s. 28, substituted by No. 73/2012 s. 17.



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