Education and Training Reform Amendment (Dual Sector Universities) Act 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Education and Training Reform Amendment (Dual Sector Universities) Act 2013 No. 76 of 2013 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—AMENDMENTS TO THE EDUCATION AND TRAINING REFORM ACT 2006 3 3 Definitions 3 4 TAFE institutes and boards 3 5 New section 3.1.12D inserted 3 3.1.12D Borrowing and investment by TAFE institutes 3 6 Schedule 3—Employment of staff 4 7 Use of the term "TAFE" or "technical and further education" 4 8 Functions of the Adult, Community and Further Education Board 4 9 Functions of Regional Councils 4 10 Minister's general powers 4 11 Delegation of Minister's powers 5 12 Definition of education or training provider in Part 5.3A 5 13 Authorised officers 5 14 Validation of work experience arrangements—student in accredited senior secondary course 5 15 Insertion of new section 6.1.34 6 6.1.34 Transitional and savings provisions—the Education and Training Reform Amendment (Dual Sector Universities) Act 2013 6 16 Amendments to Schedule 3—Superannuation matters 8 17 Substitution of clause 9 of Schedule 6 9 9 TAFE teaching staff 9 18 Miscellaneous amendments 9 19 Statute law revision amendments 10 -- 1 of 20 -- Section Page ii Authorised by the Chief Parliamentary Counsel PART 3—AMENDMENTS TO OTHER ACTS 11 Division 1—Amendment to the Accident Compensation Act 1985 11 20 Students etc. deemed to be workers and their deemed employers 11 Division 2—Amendment to the Working with Children Act 2005 11 21 Definition of educational institution 11 Division 3—Amendment to the Sex Offenders Registration Act 2004 12 22 Definition of educational institution 12 Division 4—Amendments to the Corrections Act 1986 12 23 Definition of officer 12 24 Definition of officer 13 Division 5—Amendment to the Serious Sex Offenders (Detention and Supervision) Act 2009 13 25 Duties of supervision officers 13 Division 6—Amendment to the Public Administration Act 2004 14 26 What are public entities? 14 Division 7—Amendments to the Education Legislation Amendment (Governance) Act 2012 14 27 Statute law revision amendments 14 Division 8—Amendments to the La Trobe University Act 2009 15 28 Statute law revision amendments 15 Division 9—Amendment to the Borrowing and Investment Powers Act 1987 15 29 New section 17AB inserted 15 17AB Application of Act to TAFE institutes 15 Division 10—Amendment to the University of Ballarat Amendment (Federation University Australia) Act 2013 16 30 Repeal of section 11 16 PART 4—REPEAL OF AMENDING ACT 17 31 Repeal of amending Act 17 ═══════════════ ENDNOTES 18 -- 2 of 20 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Education and Training Reform Amendment (Dual Sector Universities) Act 2013 † No. 76 of 2013 [Assented to 17 December 2013] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to amend the Education and Training Reform Act 2006 to remove references to universities with TAFE divisions and to make related consequential amendments to that Act and to other Acts; and Victoria -- 3 of 20 -- Part 1—Preliminary Education and Training Reform Amendment (Dual Sector Universities) Act 2013 No. 76 of 2013 2 Authorised by the Chief Parliamentary Counsel (b) to amend the Borrowing and Investment Powers Act 1987 so that TAFE institutes may be given borrowing and investment powers under that Act. 2 Commencement (1) This Part and sections 5, 18, 19, 28, 29 and 30 come into operation on the day on which this Act receives the Royal Assent. (2) Section 27(1) is taken to have come into operation on 4 December 2012. (3) Section 27(2) is taken to have come into operation on 31 December 2012. (4) The remaining provisions of this Act come into operation on 1 January 2014. __________________ s. 2 -- 4 of 20 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Amendment (Dual Sector Universities) Act 2013 No. 76 of 2013 3 Authorised by the Chief Parliamentary Counsel PART 2—AMENDMENTS TO THE EDUCATION AND TRAINING REFORM ACT 2006 3 Definitions In section 1.1.3(1) of the Education and Training Reform Act 2006— (a) in the definition of further education omit "(other than in the TAFE division of a university)"; (b) in the definition of TAFE institute omit "and includes the TAFE division of a university with a TAFE division"; (c) the definition of university with a TAFE division is repealed; (d) insert the following definition— "dual sector university means the Federation University Australia, Royal Melbourne Institute of Technology, Swinburne University of Technology or Victoria University;". 4 TAFE institutes and boards In section 3.1.11(1)(d) of the Education and Training Reform Act 2006, for "university with a TAFE division" substitute "dual sector university". 5 New section 3.1.12D inserted After section 3.1.12C of the Education and Training Reform Act 2006 insert— "3.1.12D Borrowing and investment by TAFE institutes A TAFE institute has the powers conferred on it by the Borrowing and Investment Powers Act 1987.". See: Act No. 24/2006. Reprint No. 4 as at 17 January 2013 and amending Act Nos 71/2010, 76/2011, 39/2012, 14/2013, 47/2013 and 50/2013. LawToday: www. legislation. vic.gov.au s. 3 -- 5 of 20 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Amendment (Dual Sector Universities) Act 2013 No. 76 of 2013 4 Authorised by the Chief Parliamentary Counsel 6 Schedule 3—Employment of staff For section 3.1.25(1) of the Education and Training Reform Act 2006 substitute— "(1) Schedule 3 applies to the employment of staff at a TAFE institute. (1A) Clause 1 of Schedule 3 applies to the employment of staff at a dual sector university in the circumstances set out in that clause.". 7 Use of the term "TAFE" or "technical and further education" In the example at the foot of section 3.1.26A(1) of the Education and Training Reform Act 2006 omit "(which includes the TAFE division of a university)". 8 Functions of the Adult, Community and Further Education Board In section 3.3.3 of the Education and Training Reform Act 2006, after "TAFE institutes" insert "or universities". 9 Functions of Regional Councils In section 3.3.18(1)(f) of the Education and Training Reform Act 2006, after "TAFE institutes" insert ", universities". 10 Minister's general powers In section 5.2.1(3) of the Education and Training Reform Act 2006— (a) for "A person" substitute "An institution, person"; (b) omit "and a University with a TAFE division"; (c) in paragraph (a), for "person, body or TAFE division" substitute "person or body". s. 6 -- 6 of 20 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Amendment (Dual Sector Universities) Act 2013 No. 76 of 2013 5 Authorised by the Chief Parliamentary Counsel 11 Delegation of Minister's powers In section 5.2.9A of the Education and Training Reform Act 2006, for "university with a TAFE division" (wherever occurring) substitute "dual sector university". 12 Definition of education or training provider in Part 5.3A In section 5.3A.1 of the Education and Training Reform Act 2006 in the definition of education or training provider— (a) for "education—" substitute "education;"; (b) omit "but does not include a university, except the TAFE division of a university;". 13 Authorised officers In section 5.8.1(1)(b) of the Education and Training Reform Act 2006, for "University with a TAFE division" substitute "university". 14 Validation of work experience arrangements— student in accredited senior secondary course At the foot of section 6.1.23(1) of the Education and Training Reform Act 2006 insert the following note— "Note Before the commencement day the term university with a TAFE division meant the University of Ballarat, Royal Melbourne Institute of Technology, Swinburne University of Technology or Victoria University.". s. 11 -- 7 of 20 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Amendment (Dual Sector Universities) Act 2013 No. 76 of 2013 6 Authorised by the Chief Parliamentary Counsel 15 Insertion of new section 6.1.34 After section 6.1.33 of the Education and Training Reform Act 2006 insert— "6.1.34 Transitional and savings provisions— the Education and Training Reform Amendment (Dual Sector Universities) Act 2013 (1) Despite the amendments made to section 5.2.9A by section 11 of the amending Act, a delegation made under section 5.2.9A(1) to the members of the council of a university or a delegation made under section 5.2.9A(2) to a person employed on the staff of a university before the commencement of section 11 of the amending Act— (a) continues to have the same force and effect; and (b) is taken to have been made under section 5.2.9A as amended by section 11 of the amending Act. (2) Section 3.1.25(3) continues to apply to an employee referred to in that section as if sections 1.1.3(1) and 3.1.25 had not been amended by the amending Act. Note An employee referred to in section 3.1.25(3) has continuing employment entitlements under the Vocational Education and Training (College Employment) Act 1993. (3) The amendments made to sections 1.1.3(1) and 3.1.25 and clause 1 of Schedule 3 by sections 3, 6 and 16 of the amending Act do not affect any entitlement of a person that existed under section 3.1.25 and clause 1 of Schedule 3 immediately before the s. 15 -- 8 of 20 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Amendment (Dual Sector Universities) Act 2013 No. 76 of 2013 7 Authorised by the Chief Parliamentary Counsel commencement of sections 3, 6 and 16 of the amending Act. (4) A person— (a) who immediately before the commencement of section 16(4) of the amending Act was employed in a university with a TAFE division, including as an executive officer, by the council of that university; and Note Before the commencement of section 16(4) of the amending Act the term university with a TAFE division meant the University of Ballarat, Royal Melbourne Institute of Technology, Swinburne University of Technology or Victoria University. (b) to whom the terms and conditions of a superannuation fund or arrangement established by the State Superannuation Act 1988 continue to apply under section 21 of the Vocational Education and Training (College Employment) Act 1993 or clause 1 of Schedule 3— is taken to be a contract officer as defined in section 3(1) of the Superannuation (Public Sector) Act 1992 for the purposes of section 12 of that Act— (c) if the person was employed as an executive officer, while the person continues to be employed as an executive officer by the council of a dual sector university; s. 15 -- 9 of 20 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Amendment (Dual Sector Universities) Act 2013 No. 76 of 2013 8 Authorised by the Chief Parliamentary Counsel (d) if the person was not employed as an executive officer but after the commencement of section 16(4) of the amending Act the person is subsequently employed as an executive officer by the council of a dual sector university, while the person is so employed. (5) For the purposes of subsections (2) and (4), the Vocational Education and Training (College Employment) Act 1993 is to be read as if a reference in section 20 or 21 of that 1993 Act to the Technical and Further Education Division of Royal Melbourne Institute of Technology, of Swinburne University of Technology or of Victoria University of Technology were a reference to a dual sector university. (6) In this section, amending Act means the Education and Training Reform Amendment (Dual Sector Universities) Act 2013.". 16 Amendments to Schedule 3—Superannuation matters (1) In clause 1(1) of Schedule 3 to the Education and Training Reform Act 2006, for "the TAFE division of one of those universities" substitute "a dual sector university". (2) In clause 1(2) of Schedule 3 to the Education and Training Reform Act 2006, for "TAFE division of a university with a TAFE division" substitute "dual sector university". s. 16 -- 10 of 20 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Amendment (Dual Sector Universities) Act 2013 No. 76 of 2013 9 Authorised by the Chief Parliamentary Counsel (3) After clause 1(2) of Schedule 3 to the Education and Training Reform Act 2006 insert— "(3) Subclause (1), insofar as it applies to a person employed in a university with a TAFE division, only applies to a person so employed immediately before the commencement of section 6 of the Education and Training Reform Amendment (Dual Sector Universities) Act 2013. Note Before the commencement of this subclause, the term university with a TAFE division meant the University of Ballarat, Royal Melbourne Institute of Technology, Swinburne University of Technology or Victoria University.". (4) For clause 4(b) of Schedule 3 to the Education and Training Reform Act 2006 substitute— "(b) any reference to an employer were a reference to a TAFE institute.". 17 Substitution of clause 9 of Schedule 6 For clause 9 of Schedule 6 to the Education and Training Reform Act 2006 substitute— "9 TAFE teaching staff Declaring a position or class of positions on the staff of a TAFE institute to be part of the management staff of the TAFE institute.". 18 Miscellaneous amendments (1) In section 4.1.1(1) of the Education and Training Reform Act 2006, in the definition of RTO standards, for "July" substitute "June". (2) In Schedule 2 to the Education and Training Reform Act 2006— (a) omit " 3.1.8(1) ,"; s. 17 -- 11 of 20 -- Part 2—Amendments to the Education and Training Reform Act 2006 Education and Training Reform Amendment (Dual Sector Universities) Act 2013 No. 76 of 2013 10 Authorised by the Chief Parliamentary Counsel (b) at the end of clause 14 insert— "(2) This clause does not apply to the governing board of an adult education institution or to the board of a TAFE institute.". 19 Statute law revision amendments (1) In section 3.3.33(1)(c) of the Education and Training Reform Act 2006, for "paragraphs (a) and (b);" substitute "paragraphs (a) and (b).". (2) In section 4.9.4(1AA) of the Education and Training Reform Act 2006, for "it has" substitute "he or she has". (3) In item 8.3 in Schedule 6 to the Education and Training Reform Act 2006, for "of experience" substitute "or experience". __________________ s. 19 -- 12 of 20 -- Part 3—Amendments to Other Acts Education and Training Reform Amendment (Dual Sector Universities) Act 2013 No. 76 of 2013 11 Authorised by the Chief Parliamentary Counsel PART 3—AMENDMENTS TO OTHER ACTS Division 1—Amendment to the Accident Compensation Act 1985 20 Students etc. deemed to be workers and their deemed employers In section 5F(1)(ab)(i) of the Accident Compensation Act 1985 omit "or a university with a TAFE division". Division 2—Amendment to the Working with Children Act 2005 21 Definition of educational institution In section 3(1) of the Working with Children Act 2005, in the definition of educational institution, for paragraph (b)(ii) substitute— "(ii) a dual sector university within the meaning of the Education and Training Reform Act 2006;". See: Act No. 10191. Reprint No. 19 as at 11 February 2013 and amending Act Nos 76/2011, 9/2013, 30/2013, 43/2013 and 55/2013. LawToday: www. legislation. vic.gov.au s. 20 See: Act No. 57/2005. Reprint No. 3 as at 1 August 2011 and amending Act Nos 51/2010, 34/2011, 65/2011, 80/2011, 27/2012 and 61/2012. LawToday: www. legislation. vic.gov.au -- 13 of 20 -- Part 3—Amendments to Other Acts Education and Training Reform Amendment (Dual Sector Universities) Act 2013 No. 76 of 2013 12 Authorised by the Chief Parliamentary Counsel Division 3—Amendment to the Sex Offenders Registration Act 2004 22 Definition of educational institution In section 67(1) of the Sex Offenders Registration Act 2004, in the definition of educational institution, for paragraph (b)(ii) substitute— "(ii) a dual sector university within the meaning of the Education and Training Reform Act 2006;". Division 4—Amendments to the Corrections Act 1986 23 Definition of officer In section 14 of the Corrections Act 1986, in the definition of officer, for paragraph (d) substitute— "(d) working in a prison or with prisoners and who is— (i) an employee in the public service; or (ii) an employee in the teaching service; or (iii) a member of staff of a TAFE institute within the meaning of the Education and Training Reform Act 2006; or (iv) a member of staff of a dual sector university within the meaning of the Education and Training Reform Act 2006; or". See: Act No. 56/2004. Reprint No. 4 as at 16 July 2012 and amending Act Nos 82/2012 and 32/2013. LawToday: www. legislation. vic.gov.au s. 22 See: Act No. 117/1986. Reprint No. 9 as at 18 March 2012 and amending Act Nos 82/2012, 10/2013, 15/2013 and 26/2013. LawToday: www. legislation. vic.gov.au -- 14 of 20 -- Part 3—Amendments to Other Acts Education and Training Reform Amendment (Dual Sector Universities) Act 2013 No. 76 of 2013 13 Authorised by the Chief Parliamentary Counsel 24 Definition of officer In section 85 of the Corrections Act 1986, in the definition of officer, for paragraph (d) substitute— "(d) working at a location and who is— (i) an employee in the public service; or (ii) an employee in the teaching service; or (iii) a member of staff of a TAFE institute within the meaning of the Education and Training Reform Act 2006; or (iv) a member of staff of a dual sector university within the meaning of the Education and Training Reform Act 2006; or". Division 5—Amendment to the Serious Sex Offenders (Detention and Supervision) Act 2009 25 Duties of supervision officers For section 136(5)(b) of the Serious Sex Offenders (Detention and Supervision) Act 2009 substitute— "(b) an employee in the teaching service, a member of staff of a TAFE institute within the meaning of the Education and Training Reform Act 2006 or a member of staff of a dual sector university within the meaning of the Education and Training Reform Act 2006 who is working at a residential facility.". s. 24 See: Act No. 91/2009. Reprint No. 1 as at 27 June 2012 and amending Act Nos 65/2012 and 32/2013. LawToday: www. legislation. vic.gov.au -- 15 of 20 -- Part 3—Amendments to Other Acts Education and Training Reform Amendment (Dual Sector Universities) Act 2013 No. 76 of 2013 14 Authorised by the Chief Parliamentary Counsel Division 6—Amendment to the Public Administration Act 2004 26 What are public entities? In section 5(1A)(a) of the Public Administration Act 2004 omit "(other than the TAFE division of a university)". Division 7—Amendments to the Education Legislation Amendment (Governance) Act 2012 27 Statute law revision amendments (1) In section 108(2)(a) of the Education Legislation Amendment (Governance) Act 2012 omit "section". (2) In sections 48(1) and (2), 49(1) and (2), 50 and 51 of the Education Legislation Amendment (Governance) Act 2012, for "Schedule 1" substitute "the Schedule". See: Act No. 108/2004. Reprint No. 4 as at 1 July 2013 and amending Act No. 81/2012. LawToday: www. legislation. vic.gov.au s. 26 See: Act No. 73/2012. Statute Book: www. legislation. vic.gov.au -- 16 of 20 -- Part 3—Amendments to Other Acts Education and Training Reform Amendment (Dual Sector Universities) Act 2013 No. 76 of 2013 15 Authorised by the Chief Parliamentary Counsel Division 8—Amendments to the La Trobe University Act 2009 28 Statute law revision amendments (1) In section 15(2)(c) of the La Trobe University Act 2009, for "Schedule 1" substitute "the Schedule". (2) In section 17 of the La Trobe University Act 2009, for "Schedule 1" substitute "The Schedule". (3) In the note at the foot of section 63(1)(b) of the La Trobe University Act 2009, for "Schedule 1" substitute "the Schedule". Division 9—Amendment to the Borrowing and Investment Powers Act 1987 29 New section 17AB inserted After section 17A of the Borrowing and Investment Powers Act 1987 insert— "17AB Application of Act to TAFE institutes (1) The Governor in Council, by Order published in the Government Gazette, may declare that sections of this Act specified in the Order apply to a TAFE institute specified in the Order. (2) In this section TAFE institute has the same meaning as it has in section 1.1.3(1) of the Education and Training Reform Act 2006.". See: Act No. 75/2009 and amending Act Nos 75/2009, 71/2010, 39/2012 and 73/2012. LawToday: www. legislation. vic.gov.au s. 28 See: Act No. 13/1987. Reprint No. 9 as at 7 August 2013 and amending Act No. 9/2013. LawToday: www. legislation. vic.gov.au -- 17 of 20 -- Part 3—Amendments to Other Acts Education and Training Reform Amendment (Dual Sector Universities) Act 2013 No. 76 of 2013 16 Authorised by the Chief Parliamentary Counsel Division 10—Amendment to the University of Ballarat Amendment (Federation University Australia) Act 2013 30 Repeal of section 11 Section 11 of the University of Ballarat Amendment (Federation University Australia) Act 2013 is repealed. __________________ See: Act No. 50/2013. Statute Book: www. legislation. vic.gov.au s. 30 -- 18 of 20 -- Part 4—Repeal of Amending Act Education and Training Reform Amendment (Dual Sector Universities) Act 2013 No. 76 of 2013 17 Authorised by the Chief Parliamentary Counsel PART 4—REPEAL OF AMENDING ACT 31 Repeal of amending Act This Act is repealed on 1 January 2015. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 31 -- 19 of 20 -- Education and Training Reform Amendment (Dual Sector Universities) Act 2013 No. 76 of 2013 18 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 31 October 2013 Legislative Council: 28 November 2013 The long title for the Bill for this Act was "A Bill for an Act to amend the Education and Training Reform Act 2006 to remove references to universities with TAFE divisions and to make related consequential amendments to that Act and to other Acts and to amend the Borrowing and Investment Powers Act 1987 so that TAFE institutes may have borrowing and investment powers under that Act and for other purposes." Endnotes -- 20 of 20 --