Education Legislation Amendment (Governance) Act 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—ABOLITION OF VICTORIAN SKILLS COMMISSION AND REMOVAL OF INDUSTRY TRAINING BOARDS PROVISIONS 4 3 Definitions 4 4 Repeal of Division 1 of Part 3.1—Co-ordination of State training system 4 5 Repeal of Division 3 of Part 3.1—Industry training boards 4 6 Consequential amendments 4 7 New section 5.2.9A inserted 5 5.2.9A Delegation of Minister's powers 5 8 Consequential amendments 6 PART 3—VET FUNDING 7 9 Definition 7 10 New Division 1 inserted in Part 3.1 7 Division 1—Government funded vocational education and training 7 3.1.1 Application of Division 7 3.1.2 VET funding 7 3.1.3 Provisions in VET funding contracts 8 3.1.4 Monetary amounts in VET funding contracts 11 3.1.5 Specific performance 12 3.1.6 Requirements of VET funding contracts for the benefit of students 12 3.1.7 Right of entry to monitor VET funding contracts 13 11 Accountability of TAFE institute boards 14 12 Reserve powers of Minister 14 13 Definition of government training contract 14 -- 1 of 138 -- Section Page ii Authorised by the Chief Parliamentary Counsel 14 Decision about registration 15 15 Amending, suspending or cancelling registration of RTO 15 16 Information may be made available 16 PART 4—GOVERNANCE OF TAFE INSTITUTES AND ADULT EDUCATION INSTITUTIONS 17 Division 1—TAFE institutes 17 17 Sections 3.1.11, 3.1.12 and 3.1.13 substituted 17 3.1.11 TAFE institutes and boards 17 3.1.12 TAFE institute is a body corporate 21 3.1.12A Objectives of TAFE institutes 22 3.1.12B Functions of TAFE institutes 23 3.1.12C Powers of TAFE institutes 24 3.1.13 Functions of TAFE institute boards 25 18 Powers of TAFE institute boards 26 19 Accountability of TAFE institute boards 26 20 Section 3.1.16 substituted 27 3.1.16 Board directorship 27 21 Section 3.1.18 substituted 29 3.1.18 Removal of directors 29 22 Consequential amendments 29 23 New section 3.1.26AA inserted 30 3.1.26AA Establishment of a board of a TAFE institute to govern both the institute and an adult education institution 30 24 Amendments to Schedule 2 33 13A Funds of TAFE institutes and adult education institutions 34 25 Amendments to Schedule 3 35 Division 2—Adult education institutions 35 26 Sections 3.3.28, 3.3.29 and 3.3.30 substituted 35 3.3.28 Adult education institutions and governing boards 35 3.3.29 Adult education institution is a body corporate 39 3.3.29A Objectives of adult education institutions 40 3.3.29B Functions of adult education institutions 42 3.3.29C Powers of adult education institutions 43 3.3.30 Functions of governing boards 44 27 Powers of governing boards 45 28 Accountability of governing boards 45 29 Section 3.3.33 substituted 46 3.3.33 Governing board membership 46 30 Removal from office of members 47 31 Consequential amendments 47 -- 2 of 138 -- Section Page iii Authorised by the Chief Parliamentary Counsel PART 5—TRANSITIONAL AND SAVINGS PROVISIONS 49 32 Repeal of sections 6.1.19(4) and (5) and 6.1.28 49 33 New sections 6.1.31 to 6.1.33 inserted 49 6.1.31 Transitional and savings provisions—the Education Legislation Amendment (Governance) Act 2012 49 6.1.32 Transitional and savings provisions—the Education Legislation Amendment (Governance) Act 2012 51 6.1.33 Transitional and savings provisions—the Education Legislation Amendment (Governance) Act 2012 54 PART 6—AMENDMENT OF UNIVERSITY ACTS 59 Division 1—Amendment of Deakin University Act 2009 59 34 Members of Council 59 35 New section 11 substituted 59 11 Council membership 59 36 New section 63 inserted 61 63 Orders in Council 61 37 New Division 3 substituted in Part 8 63 Division 3—Further transitional provisions 63 74 Definition for this Division 63 75 Operation of Interpretation of Legislation Act 1984 63 76 Constitution of Council 63 77 Saving of reconstituted Council 64 78 Members of Council 65 38 Consequential amendments 65 39 Terms of office of Council members 66 40 Consequential amendments 66 41 Quorum at meetings of the Council 67 42 Consequential amendment 67 Division 2—Amendment of La Trobe University Act 2009 68 43 Members of Council 68 44 New section 11 substituted 68 11 Council membership 68 45 New section 63 inserted 69 63 Orders in Council 69 46 New Division 3 substituted in Part 8 71 Division 3—Further transitional provisions 71 74 Definition for this Division 71 75 Operation of Interpretation of Legislation Act 1984 71 76 Constitution of Council 72 77 Saving of reconstituted Council 73 78 Members of Council 73 -- 3 of 138 -- Section Page iv Authorised by the Chief Parliamentary Counsel 47 Consequential amendments 74 48 Terms of office of Council members 74 49 Consequential amendments 75 50 Quorum at meetings of the Council 76 51 Consequential amendment 76 Division 3—Amendment of University of Melbourne Act 2009 76 52 Members of Council 76 53 New section 11 substituted 76 11 Council membership 76 54 New section 63 inserted 78 63 Orders in Council 78 55 New Division 4 substituted in Part 8 80 Division 4—Further transitional provisions 80 78 Definition for this Division 80 79 Operation of Interpretation of Legislation Act 1984 80 80 Constitution of Council 80 81 Saving of reconstituted Council 81 82 Members of Council 82 56 Consequential amendments 82 57 Terms of office of Council members 83 58 Consequential amendments 83 59 Quorum at meetings of the Council 84 60 Consequential amendment 84 Division 4—Amendment of Monash University Act 2009 85 61 Members of Council 85 62 New section 11 substituted 85 11 Council membership 85 63 New section 63 inserted 86 63 Orders in Council 86 64 New Division 3 substituted in Part 8 88 Division 3—Further transitional provisions 88 75 Definition for this Division 88 76 Operation of Interpretation of Legislation Act 1984 88 77 Constitution of Council 89 78 Saving of reconstituted Council 90 79 Members of Council 90 65 Consequential amendments 91 66 Terms of office of Council members 91 67 Consequential amendments 92 68 Quorum at meetings of the Council 93 69 Consequential amendment 93 -- 4 of 138 -- Section Page v Authorised by the Chief Parliamentary Counsel Division 5—Amendment of Royal Melbourne Institute of Technology Act 2010 93 70 Members of Council 93 71 New section 11 substituted 94 11 Council membership 94 72 New section 63 inserted 95 63 Orders in Council 95 73 New Division 3 substituted in Part 8 97 Division 3—Further transitional provisions 97 74 Definition for this Division 97 75 Operation of Interpretation of Legislation Act 1984 97 76 Constitution of Council 97 77 Saving of reconstituted Council 99 78 Members of Council 99 74 Consequential amendments 100 75 Terms of office of Council members 100 76 Consequential amendments 101 77 Quorum at meetings of the Council 101 78 Consequential amendment 102 Division 6—Amendment of Swinburne University of Technology Act 2010 102 79 Members of Council 102 80 New section 11 substituted 102 11 Council membership 102 81 New section 63 inserted 104 63 Orders in Council 104 82 New Division 3 substituted in Part 8 106 Division 3—Further transitional provisions 106 74 Definition for this Division 106 75 Operation of Interpretation of Legislation Act 1984 106 76 Constitution of Council 106 77 Saving of reconstituted Council 107 78 Members of Council 108 83 Consequential amendments 108 84 Terms of office of Council members 109 85 Consequential amendments 109 86 Quorum at meetings of the Council 110 87 Consequential amendment 110 Division 7—Amendment of University of Ballarat Act 2010 111 88 Members of Council 111 89 New section 11 substituted 111 11 Council membership 111 -- 5 of 138 -- Section Page vi Authorised by the Chief Parliamentary Counsel 90 New section 63 inserted 112 63 Orders in Council 112 91 New Division 3 substituted in Part 8 114 Division 3—Further transitional provisions 114 74 Definition for this Division 114 75 Operation of Interpretation of Legislation Act 1984 114 76 Constitution of Council 115 77 Saving of reconstituted Council 116 78 Members of Council 116 92 Consequential amendments 117 93 Terms of office of Council members 117 94 Consequential amendments 118 95 Quorum at meetings of the Council 119 96 Consequential amendment 119 Division 8—Amendment of Victoria University Act 2010 119 97 Members of Council 119 98 New section 11 substituted 119 11 Council membership 119 99 New section 63 inserted 121 63 Orders in Council 121 100 New Division 3 substituted in Part 8 123 Division 3—Further transitional provisions 123 74 Definition for this Division 123 75 Operation of Interpretation of Legislation Act 1984 123 76 Constitution of Council 123 77 Saving of reconstituted Council 124 78 Members of Council 125 101 Consequential amendments 125 102 Terms of office of Council members 126 103 Consequential amendments 126 104 Quorum at meetings of the Council 127 105 Consequential amendment 127 PART 7—OTHER AMENDMENTS 128 106 Authorisations for use of Victorian student numbers and related information 128 107 Proceedings for offences 128 108 Amendments to the Education and Training Reform Amendment (Skills) Act 2010 128 109 Statute law revision amendments 129 -- 6 of 138 -- Section Page vii Authorised by the Chief Parliamentary Counsel PART 8—REPEAL OF AMENDING ACT 130 110 Repeal of amending Act 130 ═══════════════ ENDNOTES 131 -- 7 of 138 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Education Legislation Amendment (Governance) Act 2012 † No. 73 of 2012 [Assented to 4 December 2012] 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— (i) to abolish the Victorian Skills Commission; and (ii) to repeal the provisions relating to industry training boards; and Victoria -- 8 of 138 -- Part 1—Preliminary Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 2 Authorised by the Chief Parliamentary Counsel (iii) to provide for the making of VET funding contracts between the Secretary and registered training organisations under which those organisations provide public vocational education and training programs and related services; and (iv) to provide that non-compliance with a government training contract be taken into account in relation to the registration of training organisations; and (v) to enable the Victorian Registration and Qualifications Authority and the Secretary to disclose information or give documents relating to VET funding contracts to each other or to certain Commonwealth authorities or bodies; and (vi) to make further governance provisions relating to TAFE institutes and adult education institutions; and (vii) to make other miscellaneous amendments to that Act; and (b) to amend various University Acts to provide for the membership of councils of universities; and (c) to amend the Education and Training Reform Amendment (Skills) Act 2010 to change the forced commencement date of that Act and make other miscellaneous amendments. 2 Commencement (1) This Part and Part 7 come into operation on the day after the day on which this Act receives the Royal Assent. s. 2 -- 9 of 138 -- Part 1—Preliminary Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 3 Authorised by the Chief Parliamentary Counsel (2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in subsection (2) does not come into operation before 1 January 2013, it comes into operation on that day. __________________ s. 2 -- 10 of 138 -- Part 2—Abolition of Victorian Skills Commission and Removal of Industry Training Boards Provisions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 4 Authorised by the Chief Parliamentary Counsel PART 2—ABOLITION OF VICTORIAN SKILLS COMMISSION AND REMOVAL OF INDUSTRY TRAINING BOARDS PROVISIONS 3 Definitions In section 1.1.3(1) of the Education and Training Reform Act 2006 the definitions of Commission and industry training board are repealed. 4 Repeal of Division 1 of Part 3.1—Co-ordination of State training system Division 1 of Part 3.1 of Chapter 3 of the Education and Training Reform Act 2006 is repealed. 5 Repeal of Division 3 of Part 3.1—Industry training boards Division 3 of Part 3.1 of Chapter 3 of the Education and Training Reform Act 2006 is repealed. 6 Consequential amendments (1) In section 3.3.3 of the Education and Training Reform Act 2006, for "(1) The functions" substitute "The functions". (2) Section 3.3.3(2) of the Education and Training Reform Act 2006 is repealed. (3) Section 5.2.1(2)(d)(iii) of the Education and Training Reform Act 2006 is repealed. s. 3 See: Act No. 24/2006. Reprint No. 3 as at 2 April 2012 and amending Act Nos 17/2010, 76/2011, 20/2012, 27/2012, 39/2012 and 43/2012. LawToday: www. legislation. vic.gov.au -- 11 of 138 -- Part 2—Abolition of Victorian Skills Commission and Removal of Industry Training Boards Provisions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 5 Authorised by the Chief Parliamentary Counsel 7 New section 5.2.9A inserted After section 5.2.9 of the Education and Training Reform Act 2006 insert— "5.2.9A Delegation of Minister's powers (1) The Minister, by instrument, may delegate to all the directors of the board of a TAFE institute or all the members of the council of a university with a TAFE division any power or function under Division 2 of Part 5.4. (2) If a power or function has been delegated to all the directors of the board of a TAFE institute or all the members of the council of a university with a TAFE division under subsection (1), the directors of that board or the members of that council may delegate the power or function to— (a) any person holding office under this Act or any person employed under this Act or involved in the administration of this Act; and (b) in the case of the directors of the board of a TAFE institute, any person employed by the TAFE institute under Part 3.1; and (c) in the case of a university with a TAFE division, any person employed on the staff of the university— if the original instrument of delegation of that power or function authorised the making of a further delegation. (3) An original instrument of delegation may specify any terms, conditions, limitations or restrictions on the making of a further delegation. s. 7 -- 12 of 138 -- Part 2—Abolition of Victorian Skills Commission and Removal of Industry Training Boards Provisions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 6 Authorised by the Chief Parliamentary Counsel (4) Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub- delegation authorised by subsection (2) in the same way as they apply to a delegation.". 8 Consequential amendments (1) In section 5.3.2 of the Education and Training Reform Act 2006 omit "or of the Commission made in accordance with Part 3.1". (2) In section 5.4.14(2)(b) of the Education and Training Reform Act 2006, for "Commission" substitute "Minister". (3) In section 5.4.15 of the Education and Training Reform Act 2006, for "Commission" (where twice occurring) substitute "Minister". (4) In section 5.4.17(1) of the Education and Training Reform Act 2006, for "Commission" substitute "Minister". (5) In section 5.8.8(4) of the Education and Training Reform Act 2006, for "Commission" (where first occurring) substitute "Victorian Skills Commission before its abolition". (6) In clause 1 of Schedule 2 to the Education and Training Reform Act 2006, paragraph (f) of the definition of authority is repealed. (7) In clause 4(2) of Schedule 2 to the Education and Training Reform Act 2006, for ", the Victorian Registration and Qualifications Authority or the Victorian Skills Commission" substitute "or the Victorian Registration and Qualifications Authority". __________________ s. 8 -- 13 of 138 -- Part 3—VET Funding Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 7 Authorised by the Chief Parliamentary Counsel PART 3—VET FUNDING 9 Definition In section 1.1.3(1) of the Education and Training Reform Act 2006 insert the following definition— "VET funding contract means a vocational education and training funding contract made under Division 1 of Part 3.1;". 10 New Division 1 inserted in Part 3.1 Before Division 2 of Part 3.1 of the Education and Training Reform Act 2006 insert— "Division 1—Government funded vocational education and training 3.1.1 Application of Division (1) In this Division, contractor means an RTO that has entered into a VET funding contract with the Secretary in relation to the provision by the RTO of vocational education and training that is funded wholly or partially by the State. (2) In this Division, a reference to an RTO includes a reference to a vocational education and training organisation registered under section 17 of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth that is operating in Victoria. 3.1.2 VET funding (1) The Secretary may— (a) make payments to RTOs that provide or intend to provide vocational education and training on any terms and conditions the Secretary thinks fit; and s. 9 -- 14 of 138 -- Part 3—VET Funding Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 8 Authorised by the Chief Parliamentary Counsel (b) enter into a VET funding contract with an RTO in relation to the provision by the RTO of vocational education and training that is funded wholly or partially by the State; and (c) make payments to a local learning and employment network in accordance with a performance management agreement with the committee of management of the network; and (d) make payments by way of grants, subsidies or loans in relation to vocational education and training to any person, organisation or institution, whether public or private, on any terms or conditions that the Secretary thinks fit. (2) The Secretary may apply money for or towards the costs of or incidental to the performance of his or her functions and the exercise of his or her powers under this Division. 3.1.3 Provisions in VET funding contracts A VET funding contract may provide for or with respect to any of the following— (a) the terms and conditions under which the State will fund vocational education and training programs, services and facilities to be provided by the contractor; (b) that the contractor agrees to deliver vocational education and training programs, services and facilities as part of the government vocational education and training system; s. 10 -- 15 of 138 -- Part 3—VET Funding Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 9 Authorised by the Chief Parliamentary Counsel (c) the terms and conditions under which the contractor will provide vocational education and training programs, services and facilities as part of the government vocational education and training system; (d) the vocational education and training programs, services and facilities the contractor will provide as part of the government vocational education and training system to government- subsidised vocational education and training students; (e) the performance requirements of vocational education and training programs, services and facilities, including performance requirements, that are to be provided by the contractor and the means by which those performance requirements are to be measured; (f) the terms and conditions under which funding is to be paid by the State to the contractor for providing government- subsidised vocational education and training; (g) the manner in which the contractor may earn other revenue associated with the delivery of government-subsidised vocational education and training, including the charging of fees to government-subsidised vocational education and training students; (h) the fees, scales of fees or maximum or minimum fees that may be charged to government-subsidised vocational education and training students; s. 10 -- 16 of 138 -- Part 3—VET Funding Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 10 Authorised by the Chief Parliamentary Counsel (i) the matters in respect of which an order for specific performance may be sought in addition to any other remedy under the contract or this Act; (j) performance requirements for government-subsidised vocational education and training provided to government-subsidised vocational education and training students belonging to a class of government- subsidised vocational education and training students who are not parties to the contract where that class of students is expressly specified or referred to in the contract as a class of students to which the contract extends; (k) monetary amounts to be paid to the State by the contractor— (i) for a breach of contract; (ii) for a failure (not being a breach of contract) to meet a performance requirement or standard specified in the contract; (iii) on the termination of the contract; (l) the recovery from the contractor by the State of fixed monetary amounts referred to in paragraph (k) in accordance with the contract; (m) the variation of the contract; (n) the transfer, assignment, subcontracting or other dealing with any right, power or duty under the contract; (o) the manner in which the contract may be terminated; s. 10 -- 17 of 138 -- Part 3—VET Funding Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 11 Authorised by the Chief Parliamentary Counsel (p) rights of access granted to persons authorised by the Secretary for the purposes of monitoring compliance with the contract; (q) matters consequential on the termination of the contract; (r) any other matter required by this Act or the regulations to be specified in a contract; (s) any other matter for or with respect to which the Secretary considers that provision should be made in the public interest. 3.1.4 Monetary amounts in VET funding contracts (1) This section applies if a VET funding contract expressly provides for the payment by a contractor to the State of a monetary amount fixed or determined in accordance with the contract— (a) for a breach of the contract; (b) for a failure (not being a breach of contract) to meet a performance requirement specified in the contract; (c) on the termination of the contract. (2) Despite anything to the contrary in a rule of, or principle at, common law relating to liquidated damages or penalties in respect of a breach of contract, the contractor may be required to pay the monetary amount in accordance with the provision of the VET funding contract. s. 10 -- 18 of 138 -- Part 3—VET Funding Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 12 Authorised by the Chief Parliamentary Counsel 3.1.5 Specific performance (1) This section applies if a VET funding contract expressly provides that an order for specific performance may be sought by the Secretary for breach of the VET funding contract. (2) Despite anything to the contrary in a rule of, or principle at, common law or equity, a contractor may be required to provide specific performance for a breach of, or failure to comply with, the contract even though— (a) adequate damages may be available for the breach of contract; or (b) enforcement of the contract may require personal services to be provided. 3.1.6 Requirements of VET funding contracts for the benefit of students (1) This section applies to a student if— (a) the student is of a class of students of government-subsidised vocational education and training that is expressly specified or referred to in a VET funding contract as a class of students to which the contract extends; and (b) the contract expressly provides that a performance requirement of the contract confers a benefit directly on that class of students; and (c) the student incurs a loss arising from a breach of, or failure to comply with, that performance requirement; and s. 10 -- 19 of 138 -- Part 3—VET Funding Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 13 Authorised by the Chief Parliamentary Counsel (d) the loss incurred by the student is a direct or foreseeable consequence of that breach or failure to comply. (2) If subsection (1) applies, the performance requirement of the VET funding contract is enforceable by the student in his or her name against the contractor who is a party to the contract even though the student is not named as a party to the contract. (3) A contractor who is a defendant to an action or proceeding in respect of a VET funding contract taken by a student referred to in subsection (1) has all the defences that would have been available to the contractor as a defendant had the student been named as a party to the contract. (4) In this section, performance requirement means a provision of a VET funding contract that specifies a performance requirement for vocational education and training that is expressed to be for the benefit of a class of students of government-subsidised vocational education and training. 3.1.7 Right of entry to monitor VET funding contracts (1) This section applies if a VET funding contract expressly authorises a person authorised by the Secretary to enter and inspect a premises for the purpose of monitoring compliance with the contract. (2) For the purposes of monitoring compliance with the contract, the person authorised by the Secretary may enter and inspect the premises and make enquiries of the contractor or the staff of the contractor. s. 10 -- 20 of 138 -- Part 3—VET Funding Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 14 Authorised by the Chief Parliamentary Counsel (3) An authorised officer may only enter premises under subsection (2) during the times agreed to in the contract.". 11 Accountability of TAFE institute boards For section 3.1.15(1)(a) of the Education and Training Reform Act 2006 substitute— "(a) a VET funding contract; and". 12 Reserve powers of Minister In section 3.1.19(1)(b) and (d)(ii) of the Education and Training Reform Act 2006 for "performance agreement" substitute "VET funding contract". 13 Definition of government training contract Insert the following definition in section 4.1.1(1) of the Education and Training Reform Act 2006— "government training contract means any of the following— (a) a VET funding contract; (b) a performance agreement entered into under section 3.1.4(1) before the repeal of that section by section 4 of the Education Legislation Amendment (Governance) Act 2012; (c) a performance management agreement entered into under— (i) section 3.1.4(4)(d) before the repeal of that section by section 4 of the Education Legislation Amendment (Governance) Act 2012; or (ii) section 3.1.2(1)(c); s. 11 -- 21 of 138 -- Part 3—VET Funding Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 15 Authorised by the Chief Parliamentary Counsel (d) an agreement or arrangement providing for payments of grants, subsidies or loans entered into under— (i) section 3.1.4(4)(e) before the repeal of that section by section 4 of the Education Legislation Amendment (Governance) Act 2012; or (ii) section 3.1.2(1)(d); (e) a contract, agreement or arrangement, whenever entered into, for the provision of government-subsidised vocational education and training in another State or Territory;". 14 Decision about registration (1) In section 4.3.16(2A)(d) of the Education and Training Reform Act 2006 for "period." substitute "period; or". (2) After section 4.3.16(2A)(d) of the Education and Training Reform Act 2006 insert— "(e) whether the applicant or a high managerial agent of the applicant has ever breached a government training contract.". 15 Amending, suspending or cancelling registration of RTO (1) In section 4.3.21(3)(f) of the Education and Training Reform Act 2006 for "fees." substitute "fees;". (2) After section 4.3.21(3)(f) of the Education and Training Reform Act 2006 insert— "(g) the RTO has breached a government training contract.". s. 14 -- 22 of 138 -- Part 3—VET Funding Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 16 Authorised by the Chief Parliamentary Counsel 16 Information may be made available (1) In section 4.9.4(1) of the Education and Training Reform Act 2006— (a) after "disclose to" insert "the Secretary,"; (b) in paragraph (e) for "body." substitute "body;"; (c) after paragraph (e) insert— "(f) the breach of, or failure to comply with, a government training contract by an RTO.". (2) After section 4.9.4(1) of the Education and Training Reform Act 2006 insert— "(1AA) The Secretary may disclose to the Authority, a Department of the Commonwealth Government or another registering body information it has about, or arising from, the breach of, or failure to comply with, a government training contract by an RTO.". (3) In section 4.9.4(1A) of the Education and Training Reform Act 2006 for "may disclose information or give a document in its" substitute "or the Secretary may disclose information or give a document in its or his or her". (4) After section 4.9.4(2) of the Education and Training Reform Act 2006 insert— "(3) In this section government training contract has the same meaning as in section 4.1.1(1).". __________________ s. 16 -- 23 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 17 Authorised by the Chief Parliamentary Counsel PART 4—GOVERNANCE OF TAFE INSTITUTES AND ADULT EDUCATION INSTITUTIONS Division 1—TAFE institutes 17 Sections 3.1.11, 3.1.12 and 3.1.13 substituted For sections 3.1.11, 3.1.12 and 3.1.13 of the Education and Training Reform Act 2006 substitute— "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 (d) if the council of a university with a TAFE division approves, merge a TAFE institute with the university; or (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 s. 17 -- 24 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 18 Authorised by the Chief Parliamentary Counsel 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 (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 s. 17 -- 25 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 19 Authorised by the Chief Parliamentary Counsel (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. (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), (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; (c) in the case of an Order in Council made under subsection (2)(c), the board of the TAFE institute and the governing board of the adult education institution s. 17 -- 26 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 20 Authorised by the Chief Parliamentary Counsel 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 s. 17 -- 27 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 21 Authorised by the Chief Parliamentary Counsel (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. 3.1.12 TAFE institute is a body corporate A TAFE institute established under section 3.1.11— (a) is a body corporate with perpetual succession; and (b) has a common seal; and (c) may sue and be sued in its corporate name; and (d) is capable of acquiring, holding, dealing with or disposing of property for the purpose of performing its functions and exercising its powers; and s. 17 -- 28 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 22 Authorised by the Chief Parliamentary Counsel (e) is capable of doing and suffering anything that a body corporate may by law do and suffer and that is necessary or expedient for performing its functions and exercising its powers. 3.1.12A Objectives of TAFE institutes The objectives of a TAFE institute are— (a) to perform its functions for the public benefit by— (i) operating its businesses, delivering educational services and utilising assets that it manages on the State's behalf as efficiently as possible; and (ii) ensuring that it is sustainable in the medium to long term; and (iii) ensuring that its procedures, policies and practices are consistent with prudent commercial practice; and (iv) endeavouring to maximise its contribution to the economy and wellbeing of the communities and industries served by the institute and the State as a whole; and (b) to facilitate student learning, knowledge acquisition, skills for employment and vocational education and training through excellent teaching, innovation and educational leadership that delivers quality outcomes; and (c) to collaborate as part of a strong public training provider network which is mutually and commercially beneficial to enable the institute to offer or s. 17 -- 29 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 23 Authorised by the Chief Parliamentary Counsel provide educational services that meet the needs of industry partners and communities, including persons and groups that have particular education needs; and (d) any other objective set out in an Order in Council or Ministerial Order made under section 3.1.11 relating to the institute. 3.1.12B Functions of TAFE institutes (1) A TAFE institute may perform all or any of the following functions— (a) to provide the communities and industries served by the institute with efficient and effective technical and further education programs and services; (b) to provide the communities and industries served by the institute with efficient and effective adult, community and further education programs and services which are responsive to the needs of the community and to consult with the relevant Regional Councils about the provision of these programs and services; (c) to provide vocational education and training; (d) to offer and conduct courses of study leading to the conferral of higher education awards; (e) to confer higher education awards; (f) to provide facilities or services for study, research or education; s. 17 -- 30 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 24 Authorised by the Chief Parliamentary Counsel (g) to undertake research, development, education, training delivery or other services on a commercial basis for other organisations; (h) to aid or engage in the development or promotion of institute research or the application or use of the results of that research; (i) to prepare, publish or distribute or license the use of literary or artistic work, audio or audio-visual material or computer software; (j) to seek or encourage gifts to the institute or for institute purposes; (k) to provide facilities for use by the community; (l) any other function conferred on the institute by or under this Act or any Order in Council or Ministerial Order made under section 3.1.11. (2) A TAFE institute may perform any function referred to in subsection (1) within and outside Victoria and outside Australia. 3.1.12C Powers of TAFE institutes (1) A TAFE institute has power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, meeting its objectives or performing its functions including any function delegated to it. (2) Without limiting the generality of subsection (1) a TAFE institute, for the purpose of meeting its objectives or performing its functions, may— s. 17 -- 31 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 25 Authorised by the Chief Parliamentary Counsel (a) be a member of a company, association, trust or partnership; (b) form or participate in the formation of a company, association, trust or partnership; (c) enter into a joint venture with another person or persons. Note Under section 5.2.1, the Minister may issue directions to a TAFE institute concerning its operations and the institute must comply with such a direction. In addition, an Order in Council or Ministerial Order made under section 3.1.11 may provide for or with respect to the powers, duties or functions of a TAFE institute. (3) A TAFE institute, in meeting its objectives or performing its functions, may exercise its powers within and outside Victoria and outside Australia. 3.1.13 Functions of TAFE institute boards (1) The functions of the board of a TAFE institute are— (a) to oversee and govern the institute efficiently and effectively; and (b) to develop and implement— (i) strategic plans and statements of corporate intent in accordance with the requirements of this Act; and (ii) operational business plans for the institute; and (c) to ensure that the institute operates in accordance with its strategic plan and its statement of corporate intent; and s. 17 -- 32 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 26 Authorised by the Chief Parliamentary Counsel (d) to provide for the proper, efficient and effective performance by the institute of its functions and powers; and (e) to determine policies relating to employment of institute staff; and (f) to develop and issue directions for the administration and management of the institute that must be complied with by the chief executive officer and staff employed by the institute; and (g) to give proper direction to, and exercise proper control over, the chief executive officer and other staff employed by the institute and to monitor that they are carrying out their functions in a fit and proper manner; and (h) to advise and report on the activities of the institute to the Minister; and (i) to perform any other function conferred on the board by or under this Act or any Order in Council or Ministerial Order made under section 3.1.11. (2) The board of a TAFE institute may perform any function referred to in subsection (1) within and outside Victoria and outside Australia.". 18 Powers of TAFE institute boards Section 3.1.14(2) of the Education and Training Reform Act 2006 is repealed. 19 Accountability of TAFE institute boards (1) In section 3.1.15(1)(c) of the Education and Training Reform Act 2006, for "section 3.1.12" substitute "section 3.1.11". s. 18 -- 33 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 27 Authorised by the Chief Parliamentary Counsel (2) After section 3.1.15(2) of the Education and Training Reform Act 2006 insert— "(2A) The board of a TAFE institute may publish any written direction given by the Minister in the board's annual report.". 20 Section 3.1.16 substituted For section 3.1.16 of the Education and Training Reform Act 2006 substitute— "3.1.16 Board directorship (1) An Order in Council or Ministerial Order made under section 3.1.11 must provide for a board of a TAFE institute consisting of not less than 9 and not more than 15 directors of whom— (a) one is to be appointed by the Governor in Council as the chairperson of the board; (b) of the remaining directors— (i) if there is an even number, half are to be appointed by the Minister; (ii) if there is an odd number, half of that number rounded up to the next whole number are to be appointed by the Minister; (c) the remaining directors are to be appointed by the Minister after considering the advice of the directors who have been appointed under paragraphs (a) and (b). (2) In appointing directors to a board, or advising about persons for appointment as directors to a board, the Minister and the directors must endeavour to ensure that the s. 20 -- 34 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 28 Authorised by the Chief Parliamentary Counsel directors include persons with knowledge of, or experience in, the following areas— (a) management; (b) finance; (c) commerce or business; (d) law; (e) corporate governance; (f) vocational education and training; (g) adult, community and further education; (h) any industry in which training is provided at the institute; (i) if the TAFE institute provides higher education programs, higher education; (j) if the board is responsible for overseeing and governing an adult education institution under an Order in Council made under section 3.1.11(2)(c), the community or any industry served by the adult education institution. (3) The following persons must not be appointed to be a director of a board— (a) a person who is a member of Parliament; (b) the chief executive officer of the TAFE institute.". s. 20 -- 35 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 29 Authorised by the Chief Parliamentary Counsel 21 Section 3.1.18 substituted For section 3.1.18 of the Education and Training Reform Act 2006 substitute— "3.1.18 Removal of directors The Governor in Council may remove the chairperson or a director from office at any time.". 22 Consequential amendments (1) For section 3.1.19(1)(f) of the Education and Training Reform Act 2006 substitute— "(f) recommend that the Governor in Council dismiss the directors of the board; or Note If all the directors of the board were dismissed, new directors would be appointed in accordance with section 3.1.16.". (2) In section 3.1.21(6)(a) of the Education and Training Reform Act 2006 omit "elected or". (3) In section 3.1.23 of the Education and Training Reform Act 2006— (a) in subsection (1)— (i) for "a board" substitute "a TAFE institute"; (ii) for "the board" substitute "the institute"; (b) in subsections (2) and (3), for "A board" substitute "A TAFE institute"; (c) in subsection (3), for "the board" substitute "the institute". s. 21 -- 36 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 30 Authorised by the Chief Parliamentary Counsel (4) In section 3.1.24 of the Education and Training Reform Act 2006— (a) in subsection (1), for "institute a board" substitute "TAFE institute, the institute"; (b) in subsection (2)— (i) for "the board's" substitute "the TAFE institute's"; (ii) for "the board" substitute "the institute"; (c) in subsection (3), for "A board" substitute "A TAFE institute". (5) In section 3.1.25(2) of the Education and Training Reform Act 2006, for "A board" substitute "A TAFE institute". (6) Section 3.1.26(a) of the Education and Training Reform Act 2006 is repealed. 23 New section 3.1.26AA inserted After section 3.1.26 of the Education and Training Reform Act 2006 insert— "3.1.26AA Establishment of a board of a TAFE institute to govern both the institute and an adult education institution (1) If the board of a TAFE institute is established in accordance with an Order in Council made under section 3.1.11(2)(c) to oversee and govern a TAFE institute and an adult education institution— (a) the Order in Council may make provision for or with respect to any matter of a consequential, transitional or savings nature consequent on the overseeing and governance of the institute and the institution by the board; and s. 23 -- 37 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 31 Authorised by the Chief Parliamentary Counsel (b) the Order in Council may make provision for the board to make rules for the governance of the institute and the institution; and (c) the Order in Council may make provision or further provision for or with respect to the objectives, powers, duties or functions of the institution; and (d) the board has all the functions, powers and duties— (i) of the board of a TAFE institute under this Act; and (ii) of the governing board of an adult education institution under this Act; and (iii) set out in any Order in Council or Ministerial Order made under section 3.1.11— in respect of its respective roles in relation to the institute and the institution; and (e) the Order in Council may make provision for the board to delegate any of its powers and functions as the governing board of an adult education institution under this Act (except any powers delegated to it under this Act) to the chief executive officer of the institute, a person employed at the institution or to a committee established by or under an Order in Council relating to the governing board; and s. 23 -- 38 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 32 Authorised by the Chief Parliamentary Counsel (f) any reference to the governing board or to the governing board of an adult education institution in sections 3.3.34B, 3.3.34C, 3.3.34D, 3.3.35, 3.3.36, 3.3.37 and 3.3.38 is taken to be a reference to the board; and (g) the person employed by the institute as the chief executive officer of the institute is taken to be employed by the institution as the chief executive officer of the institution and has all the functions, powers and duties of the chief executive officer of the institution under Division 5 of Part 3.3. (2) Despite the establishment of a board of a TAFE institute in accordance with an Order in Council made under section 3.1.11(2)(c) to oversee and govern a TAFE institute and an adult education institution, nothing affects— (a) the continuity of the institute or the institution; or (b) the name of the institute or the institution unless it is changed in the Order in Council; or (c) the separate application or operation of the objectives, functions, powers or duties conferred by or under this Act on— (i) the institute; or (ii) the institution; or (iii) the board of the institute in relation to the institute; or (iv) the board of the institute in relation to the institution.". s. 23 -- 39 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 33 Authorised by the Chief Parliamentary Counsel 24 Amendments to Schedule 2 (1) In clause 3(3) of Schedule 2 to the Education and Training Reform Act 2006, for "board of the TAFE institute" substitute "Minister". (2) In clause 3(4) of Schedule 2 to the Education and Training Reform Act 2006, for "board of the institution" substitute "Minister". (3) Clause 3(5) of Schedule 2 to the Education and Training Reform Act 2006 is repealed. (4) At the end of clause 11 of Schedule 2 to the Education and Training Reform Act 2006 insert— "(2) Subclause (1) does not apply to the governing board of an adult education institution or to the board of a TAFE institute. (3) The governing board of an adult education institution may, by instrument, delegate to the members of a committee established by the governing board, a member of the governing board, the chief executive officer of the institution or to any other person employed in the Department or by the institution in the administration or execution of this Act any power of the governing board, other than this power of delegation. (4) The board of a TAFE institute may, by instrument, delegate to the members of a committee established by the board, a director of the board, the chief executive officer of the TAFE institute or to any other person employed in the Department or by the TAFE institute in the administration or execution of this Act any power of the board, other than this power of delegation.". s. 24 -- 40 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 34 Authorised by the Chief Parliamentary Counsel (5) After clause 13(3) of Schedule 2 to the Education and Training Reform Act 2006 insert— "(4) This clause does not apply to the governing board of an adult education institution or to the board of a TAFE institute.". (6) After clause 13 of Schedule 2 to the Education and Training Reform Act 2006 insert— "13A Funds of TAFE institutes and adult education institutions (1) A TAFE institute must maintain any fund taken to be established in the name of the institute under section 6.1.32(3)(b). (2) An adult education institution must maintain any fund taken to be established in the name of the institution under section 6.1.33(3)(b). (3) There must be paid into a fund maintained by a TAFE institute or an adult education institution under this clause— (a) any investment income received by the institute or the institution; and (b) the proceeds of the sale of any investment made by the institute or the institution; and (c) any fees or other money received by the institute or the institution. (4) There must be paid out of the fund maintained by a TAFE institute or an adult education institution under this clause any payment that is authorised by the institute or the institution to be made out of the fund for or towards the costs and expenses of the exercise of powers or performance of functions by the institute or the institution.". s. 24 -- 41 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 35 Authorised by the Chief Parliamentary Counsel 25 Amendments to Schedule 3 (1) In clause 1 of Schedule 3 to the Education and Training Reform Act 2006— (a) in subclause (1), after "TAFE institute board" (where first occurring) insert "or a TAFE institute"; (b) in subclause (1), after "TAFE institute board" (where secondly occurring) insert ", the TAFE institute"; (c) in subclause (2), after "TAFE institute board" insert "or a TAFE institute". (2) In clause 4(b)(i) of Schedule 3 to the Education and Training Reform Act 2006 omit "board of the". Division 2—Adult education institutions 26 Sections 3.3.28, 3.3.29 and 3.3.30 substituted For sections 3.3.28, 3.3.29 and 3.3.30 of the Education and Training Reform Act 2006 substitute— "3.3.28 Adult education institutions and governing boards (1) The Governor in Council may, on the recommendation of the Minister, by Order published in the Government Gazette— (a) create an adult education institution; or (b) abolish an adult education institution; or (c) amalgamate one or more adult education institutions; or (d) change the name of an adult education institution. s. 25 -- 42 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 36 Authorised by the Chief Parliamentary Counsel (2) An Order in Council under this section may— (a) establish a governing board to oversee and govern an adult education institution; or (b) amalgamate the governing board of an adult education institution with the governing board of another adult education institution; or (c) abolish the governing board of an adult education institution; or (d) change the name of the governing board of an adult education institution; or (e) make provision or further provision for or with respect to the constitution, management structure, membership, objectives, powers, duties or functions of an adult education institution or the governing board of an adult education institution or the manner of appointment or the terms and conditions of appointment of members of the governing board of an adult education institution; or (f) make provision for the governing board of an adult education institution to make rules for the governance of the institution; or (g) make provision for the governing board of an adult education institution 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 institution or to a committee established by or s. 26 -- 43 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 37 Authorised by the Chief Parliamentary Counsel under an Order in Council relating to the governing board; or (h) amend any provision of a previous Order in Council under this section relating to an adult education institution or the governing board of an adult education institution; or (i) 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 under this section including the rights, obligations and assignment of any property (subject to any trusts) of any adult education institution referred to in the Order in Council. (3) The Minister must not make a recommendation for the purposes of this section unless— (a) in the case of an Order in Council under subsection (1), the governing board (if any) of the adult education institution or proposed adult education institution has made a request for the proposed Order in Council or has been consulted about the proposed Order in Council; and (b) in the case of an Order in Council under subsection (2), the governing board (if any) of the adult education institution concerned has made a request for the proposed Order in Council or has been consulted about the proposed Order in Council; and s. 26 -- 44 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 38 Authorised by the Chief Parliamentary Counsel (c) the Minister has consulted the Adult, Community and Further Education Board about the proposed Order in Council. (4) If an Order in Council under this section changes the name of the governing board of an adult education institution— (a) the governing board continues in existence under the new name so that its identity is not affected; and (b) in an Act, a subordinate instrument or any other document, a reference to the governing 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 governing board under the new name. (5) If an Order in Council made under this section changes the name of an adult education institution— (a) the institution 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 institution under the former name must, except in relation to matters that occurred before the change of name, be construed as a reference to the institution under the new name; and (c) the change of name does not affect any rights or obligations of the institution or render defective any legal proceedings by or against the institution; and s. 26 -- 45 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 39 Authorised by the Chief Parliamentary Counsel (d) any legal proceedings that might have been continued or commenced by or against the institution by its former name may be continued by or against it by its new name. (6) If two or more adult education institutions are amalgamated under an Order in Council under this section, any legal proceedings that might have been commenced or continued by or against any of the institutions may be commenced or continued by or against the single institution formed by the amalgamation. (7) A copy of every Order in Council made under this section must be laid before each House of Parliament as soon as practicable after it is made. 3.3.29 Adult education institution is a body corporate An adult education institution established under section 3.3.28— (a) is a body corporate with perpetual succession; and (b) has a common seal; and (c) may sue and be sued in its corporate name; and (d) is capable of acquiring, holding, dealing with or disposing of property for the purpose of performing its functions and exercising its powers; and s. 26 -- 46 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 40 Authorised by the Chief Parliamentary Counsel (e) is capable of doing and suffering anything that a body corporate may by law do and suffer and that is necessary or expedient for performing its functions and exercising its powers. 3.3.29A Objectives of adult education institutions The objectives of an adult education institution are— (a) to perform its functions for the public benefit by— (i) operating its businesses, delivering educational services and utilising assets that it manages on the State's behalf as efficiently as possible; and (ii) ensuring that it is sustainable in the medium to long term; and (iii) ensuring that its procedures, policies and practices are consistent with prudent commercial practice; and (iv) endeavouring to maximise its contribution to the economy and well-being of the State; and (b) to provide the community served by the institution with efficient and effective adult, community and further education, vocational education and training, employment and other associated programs and services responsive to the needs of that community; and s. 26 -- 47 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 41 Authorised by the Chief Parliamentary Counsel (c) to facilitate adult, community and further education, knowledge acquisition and skills for employment through excellent teaching, innovation and educational leadership that delivers quality outcomes; and (d) in the case of the governing board of AMES, monitor the structure, reach and accessibility of AMES services to maximise their availability to new and emerging communities and client groups; and (e) in the case of governing boards except the governing board of AMES, make adequate arrangements for persons and groups which have not had or do not have adequate access to programs or services provided by the institution; and (f) any other objective set out in— (i) an Order in Council made under section 3.3.28 relating to the institution; or (ii) if an Order in Council has been made under sections 3.1.11(2)(c) and 3.1.26AA for the establishment of a board of a TAFE institute to oversee and govern both a TAFE institute and the institution, an Order in Council under section 3.1.11(2) and 3.1.26AA to the extent that the objective relates to the institution. s. 26 -- 48 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 42 Authorised by the Chief Parliamentary Counsel 3.3.29B Functions of adult education institutions (1) An adult education institution may perform all or any of the following functions— (a) to undertake generally the development and provision of adult, community and further education, vocational education and training, employment and other associated programs and services considered necessary for the objectives of the adult education institution; (b) to provide facilities or services for study, research or education; (c) to undertake research, development, counselling or other services for commercial organisations; (d) to aid or engage in the development or promotion of research by the institution or the application or use of the results of that research; (e) to prepare, publish or distribute or license the use of literary or artistic work, audio or audio-visual material or computer software; (f) to seek or encourage gifts to the institution or for institution purposes; (g) to provide facilities for use by the community; (h) any other function conferred on the institution by or under— (i) this Act or an Order in Council made under section 3.3.28; or (ii) if an Order in Council has been made under sections 3.1.11(2)(c) and 3.1.26AA for the s. 26 -- 49 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 43 Authorised by the Chief Parliamentary Counsel establishment of a board of a TAFE institute to oversee and govern both a TAFE institute and the institution, an Order in Council under section 3.1.11(2) and 3.1.26AA. (2) An adult education institution may perform any function referred to in subsection (1) within and outside Victoria and outside Australia. 3.3.29C Powers of adult education institutions (1) An adult education institution has power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, meeting its objectives or performing its functions including any function delegated to it. (2) Without limiting the generality of subsection (1), an adult education institution, for the purpose of meeting its objectives or performing its functions, may— (a) be a member of a company, association trust or partnership; (b) form or participate in the formation of a company, association, trust or partnership; (c) enter into a joint venture with another person or persons. (3) An adult education institution, in meeting its objectives or performing its functions, may exercise its powers within and outside Victoria and outside Australia. s. 26 -- 50 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 44 Authorised by the Chief Parliamentary Counsel 3.3.30 Functions of governing boards (1) The functions of the governing board of an adult education institution are— (a) to oversee the institution and ensure that the institution is managed efficiently and effectively; and (b) to develop and implement— (i) strategic plans and statements of corporate intent in accordance with the requirements of this Act; and (ii) operational business plans for the institutution; and (c) to ensure that the institution operates in accordance with its strategic plan and its statement of corporate intent; and (d) to provide for the proper, efficient and effective performance by the institution of its functions and powers; and (e) to determine policies relating to employment of institution staff; and (f) to develop and issue directions for the administration and management of the institution that must be complied with by the chief executive officer and staff employed by the institution; and (g) to give proper direction to, and exercise proper control over, the chief executive officer and other staff employed by the institution and to monitor that they are carrying out their functions in a fit and proper manner; and s. 26 -- 51 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 45 Authorised by the Chief Parliamentary Counsel (h) to advise and report on the activities of the institution to the Minister and the Secretary; and (i) to perform any other function conferred on the governing board by or under— (i) this Act or an Order in Council made under section 3.3.28; or (ii) if an Order in Council has been made under sections 3.1.11(2)(c) and 3.1.26AA for the establishment of a board of a TAFE institute to oversee and govern both a TAFE institute and the institution, an Order in Council under section 3.1.11(2) and 3.1.26AA. (2) The governing board of an adult education institution may perform any function referred to in subsection (1) within and outside Victoria and outside Australia.". 27 Powers of governing boards Section 3.3.31(2) of the Education and Training Reform Act 2006 is repealed. 28 Accountability of governing boards After section 3.3.32(3) of the Education and Training Reform Act 2006 insert— "(4) The governing board of an adult education institution may publish any written direction given by the Minister in the governing board's annual report.". s. 27 -- 52 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 46 Authorised by the Chief Parliamentary Counsel 29 Section 3.3.33 substituted For section 3.3.33 of the Education and Training Reform Act 2006 substitute— "3.3.33 Governing board membership (1) An Order in Council under section 3.3.28 must provide for a governing board of an adult education institution consisting of not less than 9 and not more than 15 members of whom— (a) one is to be appointed by the Governor in Council as the chairperson of the governing board; (b) of the remaining members— (i) if there is an even number, half are to be appointed by the Minister; (ii) if there is an odd number, half of that number rounded up to the next whole number are to be appointed by the Minister; (c) the remaining members are to be appointed by the Minister after considering the advice of the members who have been appointed under paragraphs (a) and (b); (2) In appointing members to a governing board, or advising on persons for appointment as members to a board, the Minister and the members must endeavour to ensure that the members include persons with knowledge of, or experience in, the following areas— (a) management; (b) finance; (c) commerce or business; s. 29 -- 53 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 47 Authorised by the Chief Parliamentary Counsel (d) law; (e) corporate governance; (f) adult, community and further education; (g) the community or any industry served by the adult education institution. (3) The following persons must not be appointed to be a member of a governing board— (a) a person who is a member of Parliament; (b) the chief executive officer of the adult education institution.". 30 Removal from office of members For section 3.3.34(1A), (2) and (3) of the Education and Training Reform Act 2006 substitute— "(2) The Minister may a remove a member appointed by the Minister under section 3.3.33 from office at any time.". 31 Consequential amendments (1) For section 3.3.35(1)(f) of the Education and Training Reform Act 2006 substitute— "(f) recommend that the Governor in Council dismiss the members of the governing board; Note If all the members of the governing board were dismissed, new members would be appointed in accordance with section 3.3.33.". (2) In section 3.3.37(6)(a) of the Education and Training Reform Act 2006 omit "elected or". s. 30 -- 54 of 138 -- Part 4—Governance of TAFE Institutes and Adult Education Institutions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 48 Authorised by the Chief Parliamentary Counsel (3) In section 3.3.40 of the Education and Training Reform Act 2006— (a) in subsection (1)— (i) for "a governing board" substitute "an adult education institution"; (ii) for "the governing board" substitute "the institution"; (b) in subsections (2) and (3), for "A governing board" substitute "An adult education institution"; (c) in subsection (3), for "the board" substitute "the institution". (4) In section 3.3.41 of the Education and Training Reform Act 2006— (a) in subsection (1), for "institution a governing board" substitute "adult education institution, the institution"; (b) in subsection (2)— (i) for "the governing board's" substitute "the adult education institution's"; (ii) for "the governing board" substitute "the institution"; (c) in subsection (3), for "A governing board" substitute "An adult education institution". (5) In section 3.3.42 of the Education and Training Reform Act 2006, for "A governing board" substitute "An adult education institution". (6) Section 3.3.43(1)(a) of the Education and Training Reform Act 2006 is repealed. __________________ s. 31 -- 55 of 138 -- Part 5—Transitional and Savings Provisions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 49 Authorised by the Chief Parliamentary Counsel PART 5—TRANSITIONAL AND SAVINGS PROVISIONS 32 Repeal of sections 6.1.19(4) and (5) and 6.1.28 Sections 6.1.19(4) and (5) and 6.1.28 of the Education and Training Reform Act 2006 are repealed. 33 New sections 6.1.31 to 6.1.33 inserted After section 6.1.30 of the Education and Training Reform Act 2006 insert— "6.1.31 Transitional and savings provisions—the Education Legislation Amendment (Governance) Act 2012 (1) All accounts or records required to be kept by the Commission under section 3.1.4(5) as in force immediately before the commencement day become accounts and records of the Secretary. (2) On the commencement day the Victorian Skills Commission is abolished and its members go out of office. (3) On and from the commencement day— (a) all rights, assets, liabilities and obligations of the Victorian Skills Commission, immediately before its abolition, become rights, assets, liabilities and obligations of the State; and (b) any fund referred to in clause 13 of Schedule 2 established in the name of the Victorian Skills Commission before that commencement day is abolished and any moneys or amounts standing to the credit of the fund are transferred to the State; and s. 32 -- 56 of 138 -- Part 5—Transitional and Savings Provisions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 50 Authorised by the Chief Parliamentary Counsel (c) the State is substituted for the Victorian Skills Commission as a party in any proceeding, contract, agreement or arrangement commenced or made by, against or in relation to the Victorian Skills Commission; and (d) a reference to the Victorian Skills Commission in an Act (except the amending Act), a subordinate instrument or any other document, is taken to be a reference to the State except in relation to matters that occurred before the commencement day; and (e) the Secretary must determine any matter or do anything that has been partly but not finally determined or done by the Victorian Skills Commission before its abolition; and (f) a determination made by the Commission under section 5.4.15 that was in force immediately before the commencement day is taken to be a determination made by the Minister under section 5.4.15; and (g) a suspension by the Commission under section 5.4.17 that was in force immediately before the commencement day is taken to be a suspension by the Minister under section 5.4.17. (4) The Secretary must submit the annual report of the Victorian Skills Commission in accordance with section 45 of the Financial Management Act 1994 in relation to any period that has not been reported on immediately before the commencement day. s. 33 -- 57 of 138 -- Part 5—Transitional and Savings Provisions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 51 Authorised by the Chief Parliamentary Counsel (5) In this section— amending Act means the Education Legislation Amendment (Governance) Act 2012; commencement day means the day on which Part 2 of the amending Act comes into operation. 6.1.32 Transitional and savings provisions—the Education Legislation Amendment (Governance) Act 2012 (1) On and from the commencement day a TAFE institute in existence before that day continues in operation and is taken— (a) to be constituted as a body corporate under Division 2 of Part 3.1; and (b) to have the objectives, functions and powers of a TAFE institute as if it were constituted under Division 2 of Part 3.1. (2) On and from the commencement day the board of a TAFE institute that was incorporated immediately before the commencement day ceases to be an incorporated body. (3) On and from the commencement day— (a) all rights, assets, liabilities and obligations of the board of a TAFE institute as an incorporated body that existed before the commencement day become rights, assets, liabilities and obligations of the TAFE institute; and (b) any fund referred to in clause 13 of Schedule 2 established in the name of the board of a TAFE institute as an incorporated body before the commencement day is taken to be a s. 33 -- 58 of 138 -- Part 5—Transitional and Savings Provisions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 52 Authorised by the Chief Parliamentary Counsel fund established in the name of the TAFE institute; and (c) the TAFE institute is substituted for the board of that TAFE institute as a party in any proceeding, contract, agreement or arrangement commenced or made by, against or in relation to the board as an incorporated body; and (d) the TAFE institute may continue and complete any other continuing matter or thing commenced by, against or in relation to the board of that institute; and (e) a person employed by the board of a TAFE institute as an incorporated body that existed before the commencement day is taken— (i) to have been employed by the institute on the same terms and conditions as those that applied to the person immediately before the commencement day as an employee of the board; and (iii) to have accrued an entitlement to benefits, in connection with the employment with the institute, that is equivalent to the entitlement that the person had accrued as an employee of the board immediately before the commencement day; and (f) the service of a person taken under paragraph (e) to be employed by the institute is taken for all purposes as having been continuous with the service of the person, immediately s. 33 -- 59 of 138 -- Part 5—Transitional and Savings Provisions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 53 Authorised by the Chief Parliamentary Counsel before the commencement day, as an employee of the board; and (g) in an Act, a subordinate instrument or any other document, a reference to the board of a TAFE institute as an incorporated body is taken to be a reference to the TAFE institute except in relation to matters that occurred before the commencement day. (4) Despite the commencement of Part 4 of the amending Act— (a) an Order in Council made or taken to be made under section 3.1.12 relating to the board of a TAFE institute, which was in force immediately before the commencement day, continues in operation, subject to this Act, until it is remade under section 3.1.11 in accordance with subsection (5); and (b) the board of a TAFE institute that was incorporated immediately before the commencement day is taken to be the same body, subject to this Act, after the commencement day as it was immediately before the commencement day; and (c) a person who immediately before the commencement day held office as a director of the board of a TAFE institute referred to in paragraph (b), including the chief executive officer of the institute and any elected member, continues to hold office as a director of that board, subject to this Act and the relevant Order in Council continued under paragraph (a), until the Order in s. 33 -- 60 of 138 -- Part 5—Transitional and Savings Provisions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 54 Authorised by the Chief Parliamentary Counsel Council is remade in accordance with subsection (5). (5) The Minister must ensure that within 12 months after the commencement day, or within any further period or periods fixed by the Minister in respect of a particular TAFE institute or board of a TAFE institute and published by notice in the Government Gazette, every Order in Council continued in operation under subsection (4)(a) is reviewed and remade. (6) In this section— amending Act means the Education Legislation Amendment (Governance) Act 2012; commencement day means the day on which Part 4 of the amending Act comes into operation. 6.1.33 Transitional and savings provisions—the Education Legislation Amendment (Governance) Act 2012 (1) On and from the commencement day an adult education institution in existence before that day continues in operation and is taken— (a) to be constituted as a body corporate under Division 5 of Part 3.3; and (b) to have the objectives, functions and powers of an adult education institution conferred on it as if it were constituted under Division 5 of Part 3.3. (2) On and from the commencement day the governing board of an adult education institution that was incorporated immediately s. 33 -- 61 of 138 -- Part 5—Transitional and Savings Provisions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 55 Authorised by the Chief Parliamentary Counsel before the commencement day ceases to be an incorporated body. (3) On and from the commencement day— (a) all rights, assets, liabilities and obligations of the governing board of an adult education institution as an incorporated body that existed before the commencement day become rights, assets, liabilities and obligations of the adult education institution; and (b) any fund referred to in clause 13 of Schedule 2 established in the name of the governing board of an adult education institution as an incorporated body before the commencement day is taken to be a fund established in the name of the adult education institution; and (c) the adult education institution is substituted for the governing board of that institution as a party in any proceeding, contract, agreement or arrangement commenced or made by, against or in relation to the governing board as an incorporated body; and (d) the adult education institution may continue and complete any other continuing matter or thing commenced by, against or in relation to the governing board of that institution; and (e) a person employed by the governing board of an adult education institution as an incorporated body that existed before the commencement day is taken— s. 33 -- 62 of 138 -- Part 5—Transitional and Savings Provisions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 56 Authorised by the Chief Parliamentary Counsel (i) to have been employed by the institution on the same terms and conditions as those that applied to the person immediately before the commencement day as an employee of the governing board; and (ii) to have accrued an entitlement to benefits, in connection with the employment with the institution, that is equivalent to the entitlement that the person had accrued as an employee of the governing board immediately before the commencement day; and (f) the service of a person taken under paragraph (e) to be employed by the institution is taken for all purposes as having been continuous with the service of the person, immediately before the commencement day, as an employee of the governing board; and (g) in an Act, a subordinate instrument or any other document, a reference to the governing board of an adult education institution as an incorporated body is taken to be a reference to the adult education institution except in relation to matters that occurred before the commencement day. (4) Despite the commencement of Part 4 of the amending Act— (a) an Order in Council made or taken to be made under section 3.3.29 relating to the governing board of an adult education institution, which was in s. 33 -- 63 of 138 -- Part 5—Transitional and Savings Provisions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 57 Authorised by the Chief Parliamentary Counsel force immediately before the commencement day, continues in operation, subject to this Act, until it is remade in accordance with subsection (5); and (b) the governing board of an adult education institution that was incorporated immediately before the commencement day is taken to be the same body, subject to this Act, after the commencement day as it was immediately before the commencement day; and (c) a person who immediately before the commencement day held office as a member of the governing board of an adult education institution referred to in paragraph (b), including the chief executive officer of the institution and any elected member, continues to hold office as a member of that governing board, subject to this Act and the relevant Order in Council continued under paragraph (a), until the Order in Council is remade in accordance with subsection (5). (5) The Minister must ensure that within 12 months after the commencement day, or within any further period or periods fixed by the Minister in respect of a particular governing board of an adult education institution and published by notice in the Government Gazette, every Order in Council continued in operation under subsection (4)(a) is reviewed and remade. s. 33 -- 64 of 138 -- Part 5—Transitional and Savings Provisions Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 58 Authorised by the Chief Parliamentary Counsel (6) In this section— amending Act means the Education Legislation Amendment (Governance) Act 2012; commencement day means the day on which Part 4 of the amending Act comes into operation.". __________________ s. 33 -- 65 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 59 Authorised by the Chief Parliamentary Counsel PART 6—AMENDMENT OF UNIVERSITY ACTS Division 1—Amendment of Deakin University Act 2009 34 Members of Council (1) In section 3 of the Deakin University Act 2009, the definitions of appointed member and elected member are repealed. (2) In section 3 of the Deakin University Act 2009, insert the following definition— "government appointed member means a member of the Council appointed under section 12(1) or (2);". 35 New section 11 substituted For section 11 of the Deakin University Act 2009 substitute— "11 Council membership (1) The Council consists of the fixed number of members being— (a) the official members; and (b) a fixed number of at least 4 government appointed members of whom— (i) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; (ii) one must be a person with commercial expertise at a senior level; and (c) a minimum of one or any other greater fixed number of Council appointed members. See: Act No. 71/2009 and amending Act Nos 71/2009, 71/2010 and 39/2012. LawToday: www. legislation. vic.gov.au s. 34 -- 66 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 60 Authorised by the Chief Parliamentary Counsel (2) The official members of the Council are— (a) the Chancellor; (b) the Vice-Chancellor; (c) the president (however designated) of the academic board or its equivalent. (3) The government appointed members are— (a) a minimum of one or any other greater fixed number of persons appointed by the Governor in Council under section 12(1); and (b) a minimum of one or any other greater fixed number of persons appointed by the Minister under section 12(2). (4) The Council appointed members are the persons appointed by the Council under section 13. (5) The number of government appointed members must be equal to or greater than the number of Council appointed members. (6) In this section a reference to a fixed number of members is a reference to the number of members fixed by Order in Council under section 63. Note Section 76 provides for the composition of the Council until an Order in Council is made under section 63.". s. 35 -- 67 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 61 Authorised by the Chief Parliamentary Counsel 36 New section 63 inserted After section 62 of the Deakin University Act 2009 insert— "63 Orders in Council (1) The Governor in Council may make Orders for or with respect to— (a) fixing the number of members of the Council or the number of a category of member of the Council for the purposes of section 11; (b) the method of calculating the terms of office of government appointed members and Council appointed members so that their terms of office do not fall vacant in the same year; Note This method will override clause 1(2) of Schedule 1. (c) making transitional provisions including— (i) application or saving provisions about the Council or the membership of the Council arising from any change of membership of the Council as the result of the making of an Order in Council under paragraph (a); and (ii) provision for members to go out of office or to be appointed to an office on a change of membership as the result of the making of an Order in Council under paragraph (a). s. 36 -- 68 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 62 Authorised by the Chief Parliamentary Counsel (2) The Governor in Council must not make an Order under subsection (1) except on the recommendation of the Minister after the Minister has received a request from the Council for the Order made by a resolution of the Council and passed by a two thirds majority of the current members of the Council. (3) An Order in Council takes effect on the day specified in the Order in Council or, if no date is specified, on the day the Order in Council is published in the Government Gazette. (4) A copy of every Order in Council under this section must be published in the Government Gazette as soon as practicable after it is made. (5) A copy of every Order in Council made under this section must be laid before both Houses of Parliament on or before the 6th sitting day after the publication of the Order in accordance with subsection (4). (6) Part 5A of the Subordinate Legislation Act 1994 applies to an Order in Council under this section as if the Order in Council were a legislative instrument within the meaning of that Act laid before each House of the Parliament under section 16B of that Act.". s. 36 -- 69 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 63 Authorised by the Chief Parliamentary Counsel 37 New Division 3 substituted in Part 8 For Division 3 of Part 8 of the Deakin University Act 2009 substitute— "Division 3—Further transitional provisions 74 Definition for this Division In this Division— commencement day means the day on which Part 6 of the Education Legislation Amendment (Governance) Act 2012 comes into operation. 75 Operation of Interpretation of Legislation Act 1984 Unless the contrary intention expressly appears, this Division does not affect or take away from the Interpretation of Legislation Act 1984. Note See in particular section 16 of the Interpretation of Legislation Act 1984. 76 Constitution of Council (1) Until an Order in Council is made under section 63 for the purposes of section 11, the Council consists of between 11 and 21 members being— (a) the official members; and (b) at least 4 government appointed members of whom— (i) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; s. 37 -- 70 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 64 Authorised by the Chief Parliamentary Counsel (ii) one must be a person with commercial expertise at a senior level; and (c) at least 4 Council appointed members. (2) The official members of the Council are— (a) the Chancellor; (b) the Vice-Chancellor; (c) the president (however designated) of the academic board or its equivalent. (3) The government appointed members are— (a) at least 3 persons appointed by the Governor in Council under section 12(1); and (b) one person appointed by the Minister under section 12(2). (4) The Council appointed members are the persons appointed by the Council under section 13. (5) The number of government appointed members must be equal to or greater than the number of Council appointed members. 77 Saving of reconstituted Council (1) On and from the commencement day, the Council— (a) continues in existence as if established under Division 2 of Part 2; and (b) is taken to be the same body as it was immediately before that day, despite any changes to the constitution of the Council and no decision, matter or thing is to be affected because of those changes. s. 37 -- 71 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 65 Authorised by the Chief Parliamentary Counsel (2) On and from the commencement day of an Order in Council under section 63, the Council— (a) continues in existence as if established under Division 2 of Part 2; and (b) is taken to be the same body as it was immediately before that day, despite any changes to the constitution of the Council and no decision, matter or thing is to be affected because of those changes. 78 Members of Council (1) On and from the commencement day, the members of the Council in office under section 11 immediately before that day except elected members— (a) are taken to be the members of the Council appointed in accordance with section 76; and (b) continue in office on the same terms and conditions as those on which they were originally appointed for the remainder of their original terms as if appointed under this Act. (2) An elected member of the Council goes out of office on the first of the following— (a) 1 January 2013; or (b) the day his or her office expires.". 38 Consequential amendments (1) In the heading to section 12 of the Deakin University Act 2009 for "Appointed" substitute "Government appointed". s. 38 -- 72 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 66 Authorised by the Chief Parliamentary Counsel (2) In section 12(1) and (4) of the Deakin University Act 2009 for "appointed" substitute "government appointed". (3) In section 12(2) of the Deakin University Act 2009— (a) for "a person" substitute "persons"; (b) for "an appointed member" substitute "government appointed members". (4) In section 12(5) of the Deakin University Act 2009 for "An appointed" substitute "A government appointed". 39 Terms of office of Council members (1) In clause 1(1) of Schedule 1 to the Deakin University Act 2009, after "Subject to this Act" insert ", including an Order in Council made under section 63". (2) After clause 1(2) of Schedule 1 to the Deakin University Act 2009 insert— "(3) Subclause (2) does not apply if an Order in Council made under section 63 specifies an alternative method of ensuring that the offices of government appointed members and Council appointed members do not all fall vacant in the same year.". 40 Consequential amendments (1) In Schedule 1 to the Deakin University Act 2009, in clauses 1(1)(a) and (2)(a), 4A(2) and (3), 8(1) and (5) and 9(1) for "an appointed" substitute "a government appointed". (2) In Schedule 1 to the Deakin University Act 2009— (a) clause 1(1)(c) and (1)(d) including the example are repealed; s. 39 -- 73 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 67 Authorised by the Chief Parliamentary Counsel (b) in clause 1(1)(b) for "effect;" substitute "effect."; (c) in clause 2(1) omit "or re-elected"; (d) in clause 5, omit "or election"; (e) clauses 6 and 7 are repealed; (f) in clause 8(1) and (5) omit "an elected member,"; (g) in clause 8(1) and (3) omit "election or"; (h) in clause 8(2) and (4) omit "elected or"; (i) in clause 8(3) for "elected or appointed, as the case requires," substitute "appointed". 41 Quorum at meetings of the Council For clause 12(1) of Schedule 1 to the Deakin University Act 2009 substitute— "(1) No question must be decided at any meeting of the Council unless there is a quorum of at least the majority of members holding office for the time being other than a member who is on leave of absence granted under clause 4A.". 42 Consequential amendment In clause 16(1)(a), (2)(a), (b) and (c) of Schedule 1 to the Deakin University Act 2009 omit "or election". s. 41 -- 74 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 68 Authorised by the Chief Parliamentary Counsel Division 2—Amendment of La Trobe University Act 2009 43 Members of Council (1) In section 3 of the La Trobe University Act 2009, the definitions of appointed member and elected member are repealed. (2) In section 3 of the La Trobe University Act 2009, insert the following definition— "government appointed member means a member of the Council appointed under section 12(1) or (2);". 44 New section 11 substituted For section 11 of the La Trobe University Act 2009 substitute— "11 Council membership (1) The Council consists of the fixed number of members being— (a) the official members; and (b) a fixed number of at least 4 government appointed members of whom— (i) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; (ii) one must be a person with commercial expertise at a senior level; and (c) a minimum of one or any other greater fixed number of Council appointed members. (2) The official members of the Council are— (a) the Chancellor; (b) the Vice-Chancellor; s. 43 See: Act No. 75/2009 and amending Act Nos 75/2009, 71/2010 and 39/2012. LawToday: www. legislation. vic.gov.au -- 75 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 69 Authorised by the Chief Parliamentary Counsel (c) the president (however designated) of the academic board or its equivalent. (3) The government appointed members are— (a) a minimum of one or any other greater fixed number of persons appointed by the Governor in Council under section 12(1); and (b) a minimum of one or any other greater fixed number of persons appointed by the Minister under section 12(2). (4) The Council appointed members are the persons appointed by the Council under section 13. (5) The number of government appointed members must be equal to or greater than the number of Council appointed members. (6) In this section a reference to a fixed number of members is a reference to the number of members fixed by Order in Council under section 63. Note Section 76 provides for the composition of the Council until an Order in Council is made under section 63.". 45 New section 63 inserted After section 62 of the La Trobe University Act 2009 insert— "63 Orders in Council (1) The Governor in Council may make Orders for or with respect to— (a) fixing the number of members of the Council or the number of a category of member of the Council for the purposes of section 11; s. 45 -- 76 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 70 Authorised by the Chief Parliamentary Counsel (b) the method of calculating the terms of office of government appointed members and Council appointed members so that their terms of office do not fall vacant in the same year; Note This method will override clause 1(2) of Schedule 1. (c) making transitional provisions including— (i) application or saving provisions about the Council or the membership of the Council arising from any change of membership of the Council as the result of the making of an Order in Council under paragraph (a); and (ii) provision for members to go out of office or to be appointed to an office on a change of membership as the result of the making of an Order in Council under paragraph (a). (2) The Governor in Council must not make an Order under subsection (1) except on the recommendation of the Minister after the Minister has received a request from the Council for the Order made by a resolution of the Council and passed by a two thirds majority of the current members of the Council. (3) An Order in Council takes effect on the day specified in the Order in Council or, if no date is specified, on the day the Order in Council is published in the Government Gazette. s. 45 -- 77 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 71 Authorised by the Chief Parliamentary Counsel (4) A copy of every Order in Council under this section must be published in the Government Gazette as soon as practicable after it is made. (5) A copy of every Order in Council made under this section must be laid before both Houses of Parliament on or before the 6th sitting day after the publication of the Order in accordance with subsection (4). (6) Part 5A of the Subordinate Legislation Act 1994 applies to an Order in Council under this section as if the Order in Council were a legislative instrument within the meaning of that Act laid before each House of the Parliament under section 16B of that Act.". 46 New Division 3 substituted in Part 8 For Division 3 of Part 8 of the La Trobe University Act 2009 substitute— "Division 3—Further transitional provisions 74 Definition for this Division In this Division— commencement day means the day on which Part 6 of the Education Legislation Amendment (Governance) Act 2012 comes into operation. 75 Operation of Interpretation of Legislation Act 1984 Unless the contrary intention expressly appears, this Division does not affect or take away from the Interpretation of Legislation Act 1984. Note See in particular section 16 of the Interpretation of Legislation Act 1984. s. 46 -- 78 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 72 Authorised by the Chief Parliamentary Counsel 76 Constitution of Council (1) Until an Order in Council is made under section 63 for the purposes of section 11, the Council consists of between 11 and 21 persons being— (a) the official members; and (b) at least 4 government appointed members of whom— (i) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; (ii) one must be a person with commercial expertise at a senior level; and (c) at least 4 Council appointed members. (2) The official members of the Council are— (a) the Chancellor; (b) the Vice-Chancellor; (c) the president (however designated) of the academic board or its equivalent. (3) The government appointed members are— (a) at least 3 persons appointed by the Governor in Council under section 12(1); and (b) one person appointed by the Minister under section 12(2). (4) The Council appointed members are the persons appointed by the Council under section 13. s. 46 -- 79 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 73 Authorised by the Chief Parliamentary Counsel (5) The number of government appointed members must be equal to or greater than the number of Council appointed members. 77 Saving of reconstituted Council (1) On and from the commencement day, the Council— (a) continues in existence as if established under Division 2 of Part 2; and (b) is taken to be the same body as it was immediately before that day, despite any changes to the constitution of the Council and no decision, matter or thing is to be affected because of those changes. (2) On and from the commencement day of an Order in Council under section 63, the Council— (a) continues in existence as if established under Division 2 of Part 2; and (b) is taken to be the same body as it was immediately before that day, despite any changes to the constitution of the Council and no decision, matter or thing is to be affected because of those changes. 78 Members of Council (1) On and from the commencement day, the members of the Council in office under section 11 immediately before that day except elected members— (a) are taken to be the members of the Council appointed in accordance with section 76; and s. 46 -- 80 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 74 Authorised by the Chief Parliamentary Counsel (b) continue in office on the same terms and conditions as those on which they were originally appointed for the remainder of their original terms as if appointed under this Act. (2) An elected member of the Council goes out of office on the first of the following— (a) 1 January 2013; or (b) the day his or her office expires.". 47 Consequential amendments (1) In the heading to section 12 of the La Trobe University Act 2009 for "Appointed" substitute "Government appointed". (2) In section 12(1) and (4) of the La Trobe University Act 2009 for "appointed" substitute "government appointed". (3) In section 12(2) of the La Trobe University Act 2009— (a) for "a person" substitute "persons"; (b) for "an appointed member" substitute "government appointed members". (4) In section 12(5) of the La Trobe University Act 2009 for "An appointed" substitute "A government appointed". 48 Terms of office of Council members (1) In clause 1(1) of Schedule 1 to the La Trobe University Act 2009, after "Subject to this Act" insert ", including an Order in Council made under section 63". s. 47 -- 81 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 75 Authorised by the Chief Parliamentary Counsel (2) After clause 1(2) of Schedule 1 to the La Trobe University Act 2009 insert— "(3) Subclause (2) does not apply if an Order in Council made under section 63 specifies an alternative method of ensuring that the offices of government appointed members and Council appointed members do not all fall vacant in the same year.". 49 Consequential amendments (1) In Schedule 1 to the La Trobe University Act 2009, in clauses 1(1)(a) and (2)(a), 4A(2) and (3), 8(1) and (5) and 9(1) for "an appointed" substitute "a government appointed". (2) In Schedule 1 to the La Trobe University Act 2009— (a) clause 1(1)(c) and (1)(d) including the example are repealed; (b) in clause 1(1)(b) for "effect;" substitute "effect."; (c) in clause 2(1) omit "or re-elected"; (d) in clause 5, omit "or election"; (e) clauses 6 and 7 are repealed; (f) in clause 8(1) and (5) omit "an elected member,"; (g) in clause 8(1) and (3) omit "election or"; (h) in clause 8(2) and (4) omit "elected or"; (i) in clause 8(3) for "elected or appointed, as the case requires," substitute "appointed". s. 49 -- 82 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 76 Authorised by the Chief Parliamentary Counsel 50 Quorum at meetings of the Council For clause 12(1) of Schedule 1 to the La Trobe University Act 2009 substitute— "(1) No question must be decided at any meeting of the Council unless there is a quorum of at least the majority of members holding office for the time being other than a member who is on leave of absence granted under clause 4A.". 51 Consequential amendment In clause 16(1)(a), (2)(a), (b) and (c) of Schedule 1 to the La Trobe University Act 2009 omit "or election". Division 3—Amendment of University of Melbourne Act 2009 52 Members of Council (1) In section 3 of the University of Melbourne Act 2009, the definitions of appointed member and elected member are repealed. (2) In section 3 of the University of Melbourne Act 2009, insert the following definition— "government appointed member means a member of the Council appointed under section 12(1) or (2);". 53 New section 11 substituted For section 11 of the University of Melbourne Act 2009 substitute— "11 Council membership (1) The Council consists of the fixed number of members being— (a) the official members; and s. 50 See: Act No. 78/2009 and amending Act Nos 78/2009, 71/2010 and 39/2012. LawToday: www. legislation. vic.gov.au -- 83 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 77 Authorised by the Chief Parliamentary Counsel (b) a fixed number of at least 4 government appointed members of whom— (i) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; (ii) one must be a person with commercial expertise at a senior level; and (c) a minimum of one or any other greater fixed number of Council appointed members. (2) The official members of the Council are— (a) the Chancellor; (b) the Vice-Chancellor; (c) the president (however designated) of the academic board or its equivalent. (3) The government appointed members are— (a) a minimum of one or any other greater fixed number of persons appointed by the Governor in Council under section 12(1); and (b) a minimum of one or any other greater fixed number of persons appointed by the Minister under section 12(2). (4) The Council appointed members are the persons appointed by the Council under section 13. (5) The number of government appointed members must be equal to or greater than the number of Council appointed members. s. 53 -- 84 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 78 Authorised by the Chief Parliamentary Counsel (6) In this section a reference to a fixed number of members is a reference to the number of members fixed by Order in Council under section 63. Note Section 80 provides for the composition of the Council until an Order in Council is made under section 63.". 54 New section 63 inserted After section 62 of the University of Melbourne Act 2009 insert— "63 Orders in Council (1) The Governor in Council may make Orders for or with respect to— (a) fixing the number of members of the Council or the number of a category of member of the Council for the purposes of section 11; (b) the method of calculating the terms of office of government appointed members and Council appointed members so that their terms of office do not fall vacant in the same year; Note This method will override clause 1(2) of Schedule 1. (c) making transitional provisions including— (i) application or saving provisions about the Council or the membership of the Council arising from any change of membership of the Council as the result of the making of an Order in Council under paragraph (a); and s. 54 -- 85 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 79 Authorised by the Chief Parliamentary Counsel (ii) provision for members to go out of office or to be appointed to an office on a change of membership as the result of the making of an Order in Council under paragraph (a). (2) The Governor in Council must not make an Order under subsection (1) except on the recommendation of the Minister after the Minister has received a request from the Council for the Order made by a resolution of the Council and passed by a two thirds majority of the current members of the Council. (3) An Order in Council takes effect on the day specified in the Order in Council or, if no date is specified, on the day the Order in Council is published in the Government Gazette. (4) A copy of every Order in Council under this section must be published in the Government Gazette as soon as practicable after it is made. (5) A copy of every Order in Council made under this section must be laid before both Houses of Parliament on or before the 6th sitting day after the publication of the Order in accordance with subsection (4). (6) Part 5A of the Subordinate Legislation Act 1994 applies to an Order in Council under this section as if the Order in Council were a legislative instrument within the meaning of that Act laid before each House of the Parliament under section 16B of that Act.". s. 54 -- 86 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 80 Authorised by the Chief Parliamentary Counsel 55 New Division 4 substituted in Part 8 For Division 4 of Part 8 of the University of Melbourne Act 2009 substitute— "Division 4—Further transitional provisions 78 Definition for this Division In this Division— commencement day means the day on which Part 6 of the Education Legislation Amendment (Governance) Act 2012 comes into operation. 79 Operation of Interpretation of Legislation Act 1984 Unless the contrary intention expressly appears, this Division does not affect or take away from the Interpretation of Legislation Act 1984. Note See in particular section 16 of the Interpretation of Legislation Act 1984. 80 Constitution of Council (1) Until an Order in Council is made under section 63 for the purposes of section 11, the Council consists of between 11 and 21 persons being— (a) the official members; and (b) at least 4 government appointed members of whom— (i) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; s. 55 -- 87 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 81 Authorised by the Chief Parliamentary Counsel (ii) one must be a person with commercial expertise at a senior level; and (c) at least 4 Council appointed members. (2) The official members of the Council are— (a) the Chancellor; (b) the Vice-Chancellor; (c) the president (however designated) of the academic board or its equivalent. (3) The government appointed members are— (a) at least 3 persons appointed by the Governor in Council under section 12(1); and (b) one person appointed by the Minister under section 12(2). (4) The Council appointed members are the persons appointed by the Council under section 13. (5) The number of government appointed members must be equal to or greater than the number of Council appointed members. 81 Saving of reconstituted Council (1) On and from the commencement day, the Council— (a) continues in existence as if established under Division 2 of Part 2; and (b) is taken to be the same body as it was immediately before that day, despite any changes to the constitution of the Council and no decision, matter or thing is to be affected because of those changes. s. 55 -- 88 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 82 Authorised by the Chief Parliamentary Counsel (2) On and from the commencement day of an Order in Council under section 63, the Council— (a) continues in existence as if established under Division 2 of Part 2; and (b) is taken to be the same body as it was immediately before that day, despite any changes to the constitution of the Council and no decision, matter or thing is to be affected because of those changes. 82 Members of Council (1) On and from the commencement day, the members of the Council in office under section 11 immediately before that day except elected members— (a) are taken to be the members of the Council appointed in accordance with section 80; and (b) continue in office on the same terms and conditions as those on which they were originally appointed for the remainder of their original terms as if appointed under this Act. (2) An elected member of the Council goes out of office on the first of the following— (a) 1 January 2013; or (b) the day his or her office expires.". 56 Consequential amendments (1) In the heading to section 12 of the University of Melbourne Act 2009 for "Appointed" substitute "Government appointed". s. 56 -- 89 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 83 Authorised by the Chief Parliamentary Counsel (2) In section 12(1) and (4) of the University of Melbourne Act 2009 for "appointed" substitute "government appointed". (3) In section 12(2) of the University of Melbourne Act 2009— (a) for "a person" substitute "persons"; (b) for "an appointed member" substitute "government appointed members". (4) In section 12(5) of the University of Melbourne Act 2009 for "An appointed" substitute "A government appointed". 57 Terms of office of Council members (1) In clause 1(1) of Schedule 1 to the University of Melbourne Act 2009, after "Subject to this Act" insert ", including an Order in Council made under section 63". (2) After clause 1(2) of Schedule 1 to the University of Melbourne Act 2009 insert— "(3) Subclause (2) does not apply if an Order in Council made under section 63 specifies an alternative method of ensuring that the offices of government appointed members and Council appointed members do not all fall vacant in the same year.". 58 Consequential amendments (1) In Schedule 1 to the University of Melbourne Act 2009, in clauses 1(1)(a) and (2)(a), 4A(2) and (3), 8(1) and (5) and 9(1) for "an appointed" substitute "a government appointed". (2) In Schedule 1 to the University of Melbourne Act 2009— (a) clause 1(1)(c) and (1)(d) including the example are repealed; s. 57 -- 90 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 84 Authorised by the Chief Parliamentary Counsel (b) in clause 1(1)(b) for "effect;" substitute "effect."; (c) in clause 2(1) omit "or re-elected"; (d) in clause 5, omit "or election"; (e) clauses 6 and 7 are repealed; (f) in clause 8(1) and (5) omit "an elected member,"; (g) in clause 8(1) and (3) omit "election or"; (h) in clause 8(2) and (4) omit "elected or"; (i) in clause 8(3) for "elected or appointed, as the case requires," substitute "appointed". 59 Quorum at meetings of the Council For clause 12(1) of Schedule 1 to the University of Melbourne Act 2009 substitute— "(1) No question must be decided at any meeting of the Council unless there is a quorum of at least the majority of members holding office for the time being other than a member who is on leave of absence granted under clause 4A.". 60 Consequential amendment In clause 16(1)(a), (2)(a), (b) and (c) of Schedule 1 to the University of Melbourne Act 2009 omit "or election". s. 59 -- 91 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 85 Authorised by the Chief Parliamentary Counsel Division 4—Amendment of Monash University Act 2009 61 Members of Council (1) In section 3 of the Monash University Act 2009, the definitions of appointed member and elected member are repealed. (2) In section 3 of the Monash University Act 2009, insert the following definition— "government appointed member means a member of the Council appointed under section 12(1) or (2);". 62 New section 11 substituted For section 11 of the Monash University Act 2009 substitute— "11 Council membership (1) The Council consists of the fixed number of members being— (a) the official members; and (b) a fixed number of at least 4 government appointed members of whom— (i) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; (ii) one must be a person with commercial expertise at a senior level; and (c) a minimum of one or any other greater fixed number of Council appointed members. (2) The official members of the Council are— (a) the Chancellor; (b) the Vice-Chancellor; s. 61 See: Act No. 76/2009 and amending Act Nos 76/2009, 71/2010 and 39/2012. LawToday: www. legislation. vic.gov.au -- 92 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 86 Authorised by the Chief Parliamentary Counsel (c) the president (however designated) of the academic board or its equivalent. (3) The government appointed members are— (a) a minimum of one or any other greater fixed number of persons appointed by the Governor in Council under section 12(1); and (b) a minimum of one or any other greater fixed number of persons appointed by the Minister under section 12(2). (4) The Council appointed members are the persons appointed by the Council under section 13. (5) The number of government appointed members must be equal to or greater than the number of Council appointed members. (6) In this section a reference to a fixed number of members is a reference to the number of members fixed by Order in Council under section 63. Note Section 77 provides for the composition of the Council until an Order in Council is made under section 63.". 63 New section 63 inserted After section 62 of the Monash University Act 2009 insert— "63 Orders in Council (1) The Governor in Council may make Orders for or with respect to— (a) fixing the number of members of the Council or the number of a category of member of the Council for the purposes of section 11; s. 63 -- 93 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 87 Authorised by the Chief Parliamentary Counsel (b) the method of calculating the terms of office of government appointed members and Council appointed members so that their terms of office do not fall vacant in the same year; Note This method will override clause 1(2) of Schedule 1. (c) making transitional provisions including— (i) application or saving provisions about the Council or the membership of the Council arising from any change of membership of the Council as the result of the making of an Order in Council under paragraph (a); and (ii) provision for members to go out of office or to be appointed to an office on a change of membership as the result of the making of an Order in Council under paragraph (a). (2) The Governor in Council must not make an Order under subsection (1) except on the recommendation of the Minister after the Minister has received a request from the Council for the Order made by a resolution of the Council and passed by a two thirds majority of the current members of the Council. (3) An Order in Council takes effect on the day specified in the Order in Council or, if no date is specified, on the day the Order in Council is published in the Government Gazette. s. 63 -- 94 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 88 Authorised by the Chief Parliamentary Counsel (4) A copy of every Order in Council under this section must be published in the Government Gazette as soon as practicable after it is made. (5) A copy of every Order in Council made under this section must be laid before both Houses of Parliament on or before the 6th sitting day after the publication of the Order in accordance with subsection (4). (6) Part 5A of the Subordinate Legislation Act 1994 applies to an Order in Council under this section as if the Order in Council were a legislative instrument within the meaning of that Act laid before each House of the Parliament under section 16B of that Act.". 64 New Division 3 substituted in Part 8 For Division 3 of Part 8 of the Monash University Act 2009 substitute— "Division 3—Further transitional provisions 75 Definition for this Division In this Division— commencement day means the day on which Part 6 of the Education Legislation Amendment (Governance) Act 2012 comes into operation. 76 Operation of Interpretation of Legislation Act 1984 Unless the contrary intention expressly appears, this Division does not affect or take away from the Interpretation of Legislation Act 1984. Note See in particular section 16 of the Interpretation of Legislation Act 1984. s. 64 -- 95 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 89 Authorised by the Chief Parliamentary Counsel 77 Constitution of Council (1) Until an Order in Council is made under section 63 for the purposes of section 11, the Council consists of between 11 and 21 persons being— (a) the official members; and (b) at least 4 government appointed members of whom— (i) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; (ii) one must be a person with commercial expertise at a senior level; and (c) at least 4 Council appointed members. (2) The official members of the Council are— (a) the Chancellor; (b) the Vice-Chancellor; (c) the president (however designated) of the academic board or its equivalent. (3) The government appointed members are— (a) at least 3 persons appointed by the Governor in Council under section 12(1); and (b) one person appointed by the Minister under section 12(2). (4) The Council appointed members are the persons appointed by the Council under section 13. s. 64 -- 96 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 90 Authorised by the Chief Parliamentary Counsel (5) The number of government appointed members must be equal to or greater than the number of Council appointed members. 78 Saving of reconstituted Council (1) On and from the commencement day, the Council— (a) continues in existence as if established under Division 2 of Part 2; and (b) is taken to be the same body as it was immediately before that day, despite any changes to the constitution of the Council and no decision, matter or thing is to be affected because of those changes. (2) On and from the commencement day of an Order in Council under section 63, the Council— (a) continues in existence as if established under Division 2 of Part 2; and (b) is taken to be the same body as it was immediately before that day, despite any changes to the constitution of the Council and no decision, matter or thing is to be affected because of those changes. 79 Members of Council (1) On and from the commencement day, the members of the Council in office under section 11 immediately before that day except elected members— (a) are taken to be the members of the Council appointed in accordance with section 77; and s. 64 -- 97 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 91 Authorised by the Chief Parliamentary Counsel (b) continue in office on the same terms and conditions as those on which they were originally appointed for the remainder of their original terms as if appointed under this Act. (2) An elected member of the Council goes out of office on the first of the following— (a) 1 January 2013; or (b) the day his or her office expires.". 65 Consequential amendments (1) In the heading to section 12 of the Monash University Act 2009 for "Appointed" substitute "Government appointed". (2) In section 12(1) and (4) of the Monash University Act 2009 for "appointed" substitute "government appointed". (3) In section 12(2) of the Monash University Act 2009— (a) for "a person" substitute "persons"; (b) for "an appointed member" substitute "government appointed members". (4) In section 12(5) of the Monash University Act 2009 for "An appointed" substitute "A government appointed". 66 Terms of office of Council members (1) In clause 1(1) of Schedule 1 to the Monash University Act 2009, after "Subject to this Act" insert ", including an Order in Council made under section 63". s. 65 -- 98 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 92 Authorised by the Chief Parliamentary Counsel (2) After clause 1(2) of Schedule 1 to the Monash University Act 2009 insert— "(3) Subclause (2) does not apply if an Order in Council made under section 63 specifies an alternative method of ensuring that the offices of government appointed members and Council appointed members do not all fall vacant in the same year.". 67 Consequential amendments (1) In Schedule 1 to the Monash University Act 2009, in clauses 1(1)(a) and (2)(a), 4A(2) and (3), 8(1) and (5) and 9(1) for "an appointed" substitute "a government appointed". (2) In Schedule 1 to the Monash University Act 2009— (a) clause 1(1)(c) and (1)(d) including the example are repealed; (b) in clause 1(1)(b) for "effect;" substitute "effect."; (c) in clause 2(1) omit "or re-elected"; (d) in clause 5, omit "or election"; (e) clauses 6 and 7 are repealed; (f) in clause 8(1) and (5) omit "an elected member,"; (g) in clause 8(1) and (3) omit "election or"; (h) in clause 8(2) and (4) omit "elected or"; (i) in clause 8(3) for "elected or appointed, as the case requires," substitute "appointed". s. 67 -- 99 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 93 Authorised by the Chief Parliamentary Counsel 68 Quorum at meetings of the Council For clause 12(1) of Schedule 1 to the Monash University Act 2009 substitute— "(1) No question must be decided at any meeting of the Council unless there is a quorum of at least the majority of members holding office for the time being other than a member who is on leave of absence granted under clause 4A.". 69 Consequential amendment In clause 16(1)(a), (2)(a), (b) and (c) of Schedule 1 to the Monash University Act 2009 omit "or election". Division 5—Amendment of Royal Melbourne Institute of Technology Act 2010 70 Members of Council (1) In section 3 of the Royal Melbourne Institute of Technology Act 2010, the definitions of appointed member and elected member are repealed. (2) In section 3 of the Royal Melbourne Institute of Technology Act 2010, insert the following definition— "government appointed member means a member of the Council appointed under section 12(1) or (2);". s. 68 See: Act No. 3/2010 and amending Act Nos 3/2010, 71/2010 and 39/2012. LawToday: www. legislation. vic.gov.au -- 100 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 94 Authorised by the Chief Parliamentary Counsel 71 New section 11 substituted For section 11 of the Royal Melbourne Institute of Technology Act 2010 substitute— "11 Council membership (1) The Council consists of the fixed number of members being— (a) the official members; and (b) a fixed number of at least 4 government appointed members of whom— (i) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; (ii) one must be a person with commercial expertise at a senior level; and (c) a minimum of one or any other greater fixed number of Council appointed members. (2) The official members of the Council are— (a) the Chancellor; (b) the Vice-Chancellor; (c) the president (however designated) of the academic board or its equivalent. (3) The government appointed members are— (a) a minimum of one or any other greater fixed number of persons appointed by the Governor in Council under section 12(1); and (b) a minimum of one or any other greater fixed number of persons appointed by the Minister under section 12(2). s. 71 -- 101 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 95 Authorised by the Chief Parliamentary Counsel (4) The Council appointed members are the persons appointed by the Council under section 13. (5) The number of government appointed members must be equal to or greater than the number of Council appointed members. (6) In this section a reference to a fixed number of members is a reference to the number of members fixed by Order in Council under section 63. Note Section 76 provides for the composition of the Council until an Order in Council is made under section 63.". 72 New section 63 inserted After section 62 of the Royal Melbourne Institute of Technology Act 2010 insert— "63 Orders in Council (1) The Governor in Council may make Orders for or with respect to— (a) fixing the number of members of the Council or the number of a category of member of the Council for the purposes of section 11; (b) the method of calculating the terms of office of government appointed members and Council appointed members so that their terms of office do not fall vacant in the same year; Note This method will override clause 1(2) of Schedule 1. s. 72 -- 102 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 96 Authorised by the Chief Parliamentary Counsel (c) making transitional provisions including— (i) application or saving provisions about the Council or the membership of the Council arising from any change of membership of the Council as the result of the making of an Order in Council under paragraph (a); and (ii) provision for members to go out of office or to be appointed to an office on a change of membership as the result of the making of an Order in Council under paragraph (a). (2) The Governor in Council must not make an Order under subsection (1) except on the recommendation of the Minister after the Minister has received a request from the Council for the Order made by a resolution of the Council and passed by a two thirds majority of the current members of the Council. (3) An Order in Council takes effect on the day specified in the Order in Council or, if no date is specified, on the day the Order in Council is published in the Government Gazette. (4) A copy of every Order in Council under this section must be published in the Government Gazette as soon as practicable after it is made. (5) A copy of every Order in Council made under this section must be laid before both Houses of Parliament on or before the 6th s. 72 -- 103 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 97 Authorised by the Chief Parliamentary Counsel sitting day after the publication of the Order in accordance with subsection (4). (6) Part 5A of the Subordinate Legislation Act 1994 applies to an Order in Council under this section as if the Order in Council were a legislative instrument within the meaning of that Act laid before each House of the Parliament under section 16B of that Act.". 73 New Division 3 substituted in Part 8 For Division 3 of Part 8 of the Royal Melbourne Institute of Technology Act 2010 substitute— "Division 3—Further transitional provisions 74 Definition for this Division In this Division— commencement day means the day on which Part 6 of the Education Legislation Amendment (Governance) Act 2012 comes into operation. 75 Operation of Interpretation of Legislation Act 1984 Unless the contrary intention expressly appears, this Division does not affect or take away from the Interpretation of Legislation Act 1984. Note See in particular section 16 of the Interpretation of Legislation Act 1984. 76 Constitution of Council (1) Until an Order in Council is made under section 63 for the purposes of section 11, the Council consists of between 11 and 21 persons being— s. 73 -- 104 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 98 Authorised by the Chief Parliamentary Counsel (a) the official members; and (b) at least 4 government appointed members of whom— (i) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; (ii) one must be a person with commercial expertise at a senior level; and (c) at least 4 Council appointed members. (2) The official members of the Council are— (a) the Chancellor; (b) the Vice-Chancellor; (c) the president (however designated) of the academic board or its equivalent. (3) The government appointed members are— (a) at least 3 persons appointed by the Governor in Council under section 12(1); and (b) one person appointed by the Minister under section 12(2). (4) The Council appointed members are the persons appointed by the Council under section 13. (5) The number of government appointed members must be equal to or greater than the number of Council appointed members. s. 73 -- 105 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 99 Authorised by the Chief Parliamentary Counsel 77 Saving of reconstituted Council (1) On and from the commencement day, the Council— (a) continues in existence as if established under Division 2 of Part 2; and (b) is taken to be the same body as it was immediately before that day, despite any changes to the constitution of the Council and no decision, matter or thing is to be affected because of those changes. (2) On and from the commencement day of an Order in Council under section 63, the Council— (a) continues in existence as if established under Division 2 of Part 2; and (b) is taken to be the same body as it was immediately before that day, despite any changes to the constitution of the Council and no decision, matter or thing is to be affected because of those changes. 78 Members of Council (1) On and from the commencement day, the members of the Council in office under section 11 immediately before that day except elected members— (a) are taken to be the members of the Council appointed in accordance with section 76; and (b) continue in office on the same terms and conditions as those on which they were originally appointed for the remainder of their original terms as if appointed under this Act. s. 73 -- 106 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 100 Authorised by the Chief Parliamentary Counsel (2) An elected member of the Council goes out of office on the first of the following— (a) 1 January 2013; or (b) the day his or her office expires.". 74 Consequential amendments (1) In the heading to section 12 of the Royal Melbourne Institute of Technology Act 2010 for "Appointed" substitute "Government appointed". (2) In section 12(1) and (4) of the Royal Melbourne Institute of Technology Act 2010 for "appointed" substitute "government appointed". (3) In section 12(2) of the Royal Melbourne Institute of Technology Act 2010— (a) for "a person" substitute "persons"; (b) for "an appointed member" substitute "government appointed members". (4) In section 12(5) of the Royal Melbourne Institute of Technology Act 2010 for "An appointed" substitute "A government appointed". 75 Terms of office of Council members (1) In clause 1(1) of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010, after "Subject to this Act" insert ", including an Order in Council made under section 63". (2) After clause 1(2) of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010 insert— "(3) Subclause (2) does not apply if an Order in Council made under section 63 specifies an alternative method of ensuring that the offices of government appointed members s. 74 -- 107 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 101 Authorised by the Chief Parliamentary Counsel and Council appointed members do not all fall vacant in the same year.". 76 Consequential amendments (1) In Schedule 1 to the Royal Melbourne Institute of Technology Act 2010, in clauses 1(1)(a) and (2)(a), 4A(2) and (3), 8(1) and (5) and 9(1) for "an appointed" substitute "a government appointed". (2) In Schedule 1 to the Royal Melbourne Institute of Technology Act 2010— (a) clause 1(1)(c) and (1)(d) including the example are repealed; (b) in clause 1(1)(b) for "effect;" substitute "effect."; (c) in clause 2(1) omit "or re-elected"; (d) in clause 5, omit "or election"; (e) clauses 6 and 7 are repealed; (f) in clause 8(1) and (5) omit "an elected member,"; (g) in clause 8(1) and (3) omit "election or"; (h) in clause 8(2) and (4) omit "elected or"; (i) in clause 8(3) for "elected or appointed, as the case requires," substitute "appointed". 77 Quorum at meetings of the Council For clause 12(1) of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010 substitute— "(1) No question must be decided at any meeting of the Council unless there is a quorum of at least the majority of members holding office for the time being other than a member who s. 76 -- 108 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 102 Authorised by the Chief Parliamentary Counsel is on leave of absence granted under clause 4A.". 78 Consequential amendment In clause 16(1)(a), (2)(a), (b) and (c) of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010 omit "or election". Division 6—Amendment of Swinburne University of Technology Act 2010 79 Members of Council (1) In section 3 of the Swinburne University of Technology Act 2010, the definitions of appointed member and elected member are repealed. (2) In section 3 of the Swinburne University of Technology Act 2010, insert the following definition— "government appointed member means a member of the Council appointed under section 12(1) or (2);". 80 New section 11 substituted For section 11 of the Swinburne University of Technology Act 2010 substitute— "11 Council membership (1) The Council consists of the fixed number of members being— (a) the official members; and (b) a fixed number of at least 4 government appointed members of whom— (i) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; s. 78 See: Act No. 4/2010 and amending Act Nos 4/2010, 71/2010 and 39/2012. LawToday: www. legislation. vic.gov.au -- 109 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 103 Authorised by the Chief Parliamentary Counsel (ii) one must be a person with commercial expertise at a senior level; and (c) a minimum of one or any other greater fixed number of Council appointed members. (2) The official members of the Council are— (a) the Chancellor; (b) the Vice-Chancellor; (c) the president (however designated) of the academic board or its equivalent. (3) The government appointed members are— (a) a minimum of one or any other greater fixed number of persons appointed by the Governor in Council under section 12(1); and (b) a minimum of one or any other greater fixed number of persons appointed by the Minister under section 12(2). (4) The Council appointed members are the persons appointed by the Council under section 13. (5) The number of government appointed members must be equal to or greater than the number of Council appointed members. (6) In this section a reference to a fixed number of members is a reference to the number of members fixed by Order in Council under section 63. Note Section 76 provides for the composition of the Council until an Order in Council is made under section 63.". s. 80 -- 110 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 104 Authorised by the Chief Parliamentary Counsel 81 New section 63 inserted After section 62 of the Swinburne University of Technology Act 2010 insert— "63 Orders in Council (1) The Governor in Council may make Orders for or with respect to— (a) fixing the number of members of the Council or the number of a category of member of the Council for the purposes of section 11; (b) the method of calculating the terms of office of government appointed members and Council appointed members so that their terms of office do not fall vacant in the same year; Note This method will override clause 1(2) of Schedule 1. (c) making transitional provisions including— (i) application or saving provisions about the Council or the membership of the Council arising from any change of membership of the Council as the result of the making of an Order in Council under paragraph (a); and (ii) provision for members to go out of office or to be appointed to an office on a change of membership as the result of the making of an Order in Council under paragraph (a). s. 81 -- 111 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 105 Authorised by the Chief Parliamentary Counsel (2) The Governor in Council must not make an Order under subsection (1) except on the recommendation of the Minister after the Minister has received a request from the Council for the Order made by a resolution of the Council and passed by a two thirds majority of the current members of the Council. (3) An Order in Council takes effect on the day specified in the Order in Council or, if no date is specified, on the day the Order in Council is published in the Government Gazette. (4) A copy of every Order in Council under this section must be published in the Government Gazette as soon as practicable after it is made. (5) A copy of every Order in Council made under this section must be laid before both Houses of Parliament on or before the 6th sitting day after the publication of the Order in accordance with subsection (4). (6) Part 5A of the Subordinate Legislation Act 1994 applies to an Order in Council under this section as if the Order in Council were a legislative instrument within the meaning of that Act laid before each House of the Parliament under section 16B of that Act.". s. 81 -- 112 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 106 Authorised by the Chief Parliamentary Counsel 82 New Division 3 substituted in Part 8 For Division 3 of Part 8 of the Swinburne University of Technology Act 2010 substitute— "Division 3—Further transitional provisions 74 Definition for this Division In this Division— commencement day means the day on which Part 6 of the Education Legislation Amendment (Governance) Act 2012 comes into operation. 75 Operation of Interpretation of Legislation Act 1984 Unless the contrary intention expressly appears, this Division does not affect or take away from the Interpretation of Legislation Act 1984. Note See in particular section 16 of the Interpretation of Legislation Act 1984. 76 Constitution of Council (1) Until an Order in Council is made under section 63 for the purposes of section 11, the Council consists of between 11 and 21 persons being— (a) the official members; and (b) at least 4 government appointed members of whom— (i) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; s. 82 -- 113 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 107 Authorised by the Chief Parliamentary Counsel (ii) one must be a person with commercial expertise at a senior level; and (c) at least 4 Council appointed members. (2) The official members of the Council are— (a) the Chancellor; (b) the Vice-Chancellor; (c) the president (however designated) of the academic board or its equivalent. (3) The government appointed members are— (a) at least 3 persons appointed by the Governor in Council under section 12(1); and (b) one person appointed by the Minister under section 12(2). (4) The Council appointed members are the persons appointed by the Council under section 13. (5) The number of government appointed members must be equal to or greater than the number of Council appointed members. 77 Saving of reconstituted Council (1) On and from the commencement day, the Council— (a) continues in existence as if established under Division 2 of Part 2; and (b) is taken to be the same body as it was immediately before that day, despite any changes to the constitution of the Council and no decision, matter or thing is to be affected because of those changes. s. 82 -- 114 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 108 Authorised by the Chief Parliamentary Counsel (2) On and from the commencement day of an Order in Council under section 63, the Council— (a) continues in existence as if established under Division 2 of Part 2; and (b) is taken to be the same body as it was immediately before that day, despite any changes to the constitution of the Council and no decision, matter or thing is to be affected because of those changes. 78 Members of Council (1) On and from the commencement day, the members of the Council in office under section 11 immediately before that day except elected members— (a) are taken to be the members of the Council appointed in accordance with section 76; and (b) continue in office on the same terms and conditions as those on which they were originally appointed for the remainder of their original terms as if appointed under this Act. (2) An elected member of the Council goes out of office on the first of the following— (a) 1 January 2013; or (b) the day his or her office expires.". 83 Consequential amendments (1) In the heading to section 12 of the Swinburne University of Technology Act 2010 for "Appointed" substitute "Government appointed". s. 83 -- 115 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 109 Authorised by the Chief Parliamentary Counsel (2) In section 12(1) and (4) of the Swinburne University of Technology Act 2010 for "appointed" substitute "government appointed". (3) In section 12(2) of the Swinburne University of Technology Act 2010— (a) for "a person" substitute "persons"; (b) for "an appointed member" substitute "government appointed members". (4) In section 12(5) of the Swinburne University of Technology Act 2010 for "An appointed" substitute "A government appointed". 84 Terms of office of Council members (1) In clause 1(1) of Schedule 1 to the Swinburne University of Technology Act 2010, after "Subject to this Act" insert ", including an Order in Council made under section 63". (2) After clause 1(2) of Schedule 1 to the Swinburne University of Technology Act 2010 insert— "(3) Subclause (2) does not apply if an Order in Council made under section 63 specifies an alternative method of ensuring that the offices of government appointed members and Council appointed members do not all fall vacant in the same year.". 85 Consequential amendments (1) In Schedule 1 to the Swinburne University of Technology Act 2010, in clauses 1(1)(a) and (2)(a), 4A(2) and (3), 8(1) and (5) and 9(1) for "an appointed" substitute "a government appointed". (2) In Schedule 1 to the Swinburne University of Technology Act 2010— (a) clause 1(1)(c) and (1)(d) including the example are repealed; s. 84 -- 116 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 110 Authorised by the Chief Parliamentary Counsel (b) in clause 1(1)(b) for "effect;" substitute "effect."; (c) in clause 2(1) omit "or re-elected"; (d) in clause 5, omit "or election"; (e) clauses 6 and 7 are repealed; (f) in clause 8(1) and (5) omit "an elected member,"; (g) in clause 8(1) and (3) omit "election or"; (h) in clause 8(2) and (4) omit "elected or"; (i) in clause 8(3) for "elected or appointed, as the case requires," substitute "appointed". 86 Quorum at meetings of the Council For clause 12(1) of Schedule 1 to the Swinburne University of Technology Act 2010 substitute— "(1) No question must be decided at any meeting of the Council unless there is a quorum of at least the majority of members holding office for the time being other than a member who is on leave of absence granted under clause 4A.". 87 Consequential amendment In clause 16(1)(a), (2)(a), (b) and (c) of Schedule 1 to the Swinburne University of Technology Act 2010 omit "or election". s. 86 -- 117 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 111 Authorised by the Chief Parliamentary Counsel Division 7—Amendment of University of Ballarat Act 2010 88 Members of Council (1) In section 3 of the University of Ballarat Act 2010, the definitions of appointed member and elected member are repealed. (2) In section 3 of the University of Ballarat Act 2010, insert the following definition— "government appointed member means a member of the Council appointed under section 12(1) or (2);". 89 New section 11 substituted For section 11 of the University of Ballarat Act 2010 substitute— "11 Council membership (1) The Council consists of the fixed number of members being— (a) the official members; and (b) a fixed number of at least 4 government appointed members of whom— (i) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; (ii) one must be a person with commercial expertise at a senior level; and (c) a minimum of one or any other greater fixed number of Council appointed members. (2) The official members of the Council are— (a) the Chancellor; (b) the Vice-Chancellor; s. 88 See: Act No. 5/2010 and amending Act Nos 5/2010, 71/2010 and 39/2012. LawToday: www. legislation. vic.gov.au -- 118 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 112 Authorised by the Chief Parliamentary Counsel (c) the president (however designated) of the academic board or its equivalent. (3) The government appointed members are— (a) a minimum of one or any other greater fixed number of persons appointed by the Governor in Council under section 12(1); and (b) a minimum of one or any other greater fixed number of persons appointed by the Minister under section 12(2). (4) The Council appointed members are the persons appointed by the Council under section 13. (5) The number of government appointed members must be equal to or greater than the number of Council appointed members. (6) In this section a reference to a fixed number of members is a reference to the number of members fixed by Order in Council under section 63. Note Section 76 provides for the composition of the Council until an Order in Council is made under section 63.". 90 New section 63 inserted After section 62 of the University of Ballarat Act 2010 insert— "63 Orders in Council (1) The Governor in Council may make Orders for or with respect to— (a) fixing the number of members of the Council or the number of a category of member of the Council for the purposes of section 11; s. 90 -- 119 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 113 Authorised by the Chief Parliamentary Counsel (b) the method of calculating the terms of office of government appointed members and Council appointed members so that their terms of office do not fall vacant in the same year; Note This method will override clause 1(2) of Schedule 1. (c) making transitional provisions including— (i) application or saving provisions about the Council or the membership of the Council arising from any change of membership of the Council as the result of the making of an Order in Council under paragraph (a); and (ii) provision for members to go out of office or to be appointed to an office on a change of membership as the result of the making of an Order in Council under paragraph (a). (2) The Governor in Council must not make an Order under subsection (1) except on the recommendation of the Minister after the Minister has received a request from the Council for the Order made by a resolution of the Council and passed by a two thirds majority of the current members of the Council. (3) An Order in Council takes effect on the day specified in the Order in Council or, if no date is specified, on the day the Order in Council is published in the Government Gazette. s. 90 -- 120 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 114 Authorised by the Chief Parliamentary Counsel (4) A copy of every Order in Council under this section must be published in the Government Gazette as soon as practicable after it is made. (5) A copy of every Order in Council made under this section must be laid before both Houses of Parliament on or before the 6th sitting day after the publication of the Order in accordance with subsection (4). (6) Part 5A of the Subordinate Legislation Act 1994 applies to an Order in Council under this section as if the Order in Council were a legislative instrument within the meaning of that Act laid before each House of the Parliament under section 16B of that Act.". 91 New Division 3 substituted in Part 8 For Division 3 of Part 8 of the University of Ballarat Act 2010 substitute— "Division 3—Further transitional provisions 74 Definition for this Division In this Division— commencement day means the day on which Part 6 of the Education Legislation Amendment (Governance) Act 2012 comes into operation. 75 Operation of Interpretation of Legislation Act 1984 Unless the contrary intention expressly appears, this Division does not affect or take away from the Interpretation of Legislation Act 1984. Note See in particular section 16 of the Interpretation of Legislation Act 1984. s. 91 -- 121 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 115 Authorised by the Chief Parliamentary Counsel 76 Constitution of Council (1) Until an Order in Council is made under section 63 for the purposes of section 11, the Council consists of between 11 and 21 persons being— (a) the official members; and (b) at least 4 government appointed members of whom— (i) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; (ii) one must be a person with commercial expertise at a senior level; and (c) at least 4 Council appointed members. (2) The official members of the Council are— (a) the Chancellor; (b) the Vice-Chancellor; (c) the president (however designated) of the academic board or its equivalent. (3) The government appointed members are— (a) at least 3 persons appointed by the Governor in Council under section 12(1); and (b) one person appointed by the Minister under section 12(2). (4) The Council appointed members are the persons appointed by the Council under section 13. s. 91 -- 122 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 116 Authorised by the Chief Parliamentary Counsel (5) The number of government appointed members must be equal to or greater than the number of Council appointed members. 77 Saving of reconstituted Council (1) On and from the commencement day, the Council— (a) continues in existence as if established under Division 2 of Part 2; and (b) is taken to be the same body as it was immediately before that day, despite any changes to the constitution of the Council and no decision, matter or thing is to be affected because of those changes. (2) On and from the commencement day of an Order in Council under section 63, the Council— (a) continues in existence as if established under Division 2 of Part 2; and (b) is taken to be the same body as it was immediately before that day, despite any changes to the constitution of the Council and no decision, matter or thing is to be affected because of those changes. 78 Members of Council (1) On and from the commencement day, the members of the Council in office under section 11 immediately before that day except elected members— (a) are taken to be the members of the Council appointed in accordance with section 76; and s. 91 -- 123 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 117 Authorised by the Chief Parliamentary Counsel (b) continue in office on the same terms and conditions as those on which they were originally appointed for the remainder of their original terms as if appointed under this Act. (2) An elected member of the Council goes out of office on the first of the following— (a) 1 January 2013; or (b) the day his or her office expires.". 92 Consequential amendments (1) In the heading to section 12 of the University of Ballarat Act 2010 for "Appointed" substitute "Government appointed". (2) In section 12(1) and (4) of the University of Ballarat Act 2010 for "appointed" substitute "government appointed". (3) In section 12(2) of the University of Ballarat Act 2010— (a) for "a person" substitute "persons"; (b) for "an appointed member" substitute "government appointed members". (4) In section 12(5) of the University of Ballarat Act 2010 for "An appointed" substitute "A government appointed". 93 Terms of office of Council members (1) In clause 1(1) of Schedule 1 to the University of Ballarat Act 2010, after "Subject to this Act" insert ", including an Order in Council made under section 63". s. 92 -- 124 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 118 Authorised by the Chief Parliamentary Counsel (2) After clause 1(2) of Schedule 1 to the University of Ballarat Act 2010 insert— "(3) Subclause (2) does not apply if an Order in Council made under section 63 specifies an alternative method of ensuring that the offices of government appointed members and Council appointed members do not all fall vacant in the same year.". 94 Consequential amendments (1) In Schedule 1 to the University of Ballarat Act 2010, in clauses 1(1)(a) and (2)(a), 4A(2) and (3), 8(1) and (5) and 9(1) for "an appointed" substitute "a government appointed". (2) In Schedule 1 to the University of Ballarat Act 2010— (a) clause 1(1)(c) and (1)(d) including the example are repealed; (b) in clause 1(1)(b) for "effect;" substitute "effect."; (c) in clause 2(1) omit "or re-elected"; (d) in clause 5, omit "or election"; (e) clauses 6 and 7 are repealed; (f) in clause 8(1) and (5) omit "an elected member,"; (g) in clause 8(1) and (3) omit "election or"; (h) in clause 8(2) and (4) omit "elected or"; (i) in clause 8(3) for "elected or appointed, as the case requires," substitute "appointed". s. 94 -- 125 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 119 Authorised by the Chief Parliamentary Counsel 95 Quorum at meetings of the Council For clause 12(1) of Schedule 1 to the University of Ballarat Act 2010 substitute— "(1) No question must be decided at any meeting of the Council unless there is a quorum of at least the majority of members holding office for the time being other than a member who is on leave of absence granted under clause 4A.". 96 Consequential amendment In clause 16(1)(a), (2)(a), (b) and (c) of Schedule 1 to the University of Ballarat Act 2010 omit "or election". Division 8—Amendment of Victoria University Act 2010 97 Members of Council (1) In section 3 of the Victoria University Act 2010, the definitions of appointed member and elected member are repealed. (2) In section 3 of the Victoria University Act 2010, insert the following definition— "government appointed member means a member of the Council appointed under section 12(1) or (2);". 98 New section 11 substituted For section 11 of the Victoria University Act 2010 substitute— "11 Council membership (1) The Council consists of the fixed number of members being— (a) the official members; and s. 95 See: Act No. 14/2010 and amending Act Nos 14/2010, 71/2010 and 39/2012. LawToday: www. legislation. vic.gov.au -- 126 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 120 Authorised by the Chief Parliamentary Counsel (b) a fixed number of at least 4 government appointed members of whom— (i) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; (ii) one must be a person with commercial expertise at a senior level; and (c) a minimum of one or any other greater fixed number of Council appointed members. (2) The official members of the Council are— (a) the Chancellor; (b) the Vice-Chancellor; (c) the president (however designated) of the academic board or its equivalent. (3) The government appointed members are— (a) a minimum of one or any other greater fixed number of persons appointed by the Governor in Council under section 12(1); and (b) a minimum of one or any other greater fixed number of persons appointed by the Minister under section 12(2). (4) The Council appointed members are the persons appointed by the Council under section 13. (5) The number of government appointed members must be equal to or greater than the number of Council appointed members. s. 98 -- 127 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 121 Authorised by the Chief Parliamentary Counsel (6) In this section a reference to a fixed number of members is a reference to the number of members fixed by Order in Council under section 63. Note Section 76 provides for the composition of the Council until an Order in Council is made under section 63.". 99 New section 63 inserted After section 62 of the Victoria University Act 2010 insert— "63 Orders in Council (1) The Governor in Council may make Orders for or with respect to— (a) fixing the number of members of the Council or the number of a category of member of the Council for the purposes of section 11; (b) the method of calculating the terms of office of government appointed members and Council appointed members so that their terms of office do not fall vacant in the same year; Note This method will override clause 1(2) of Schedule 1. (c) making transitional provisions including— (i) application or saving provisions about the Council or the membership of the Council arising from any change of membership of the Council as the result of the making of an Order in Council under paragraph (a); and s. 99 -- 128 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 122 Authorised by the Chief Parliamentary Counsel (ii) provision for members to go out of office or to be appointed to an office on a change of membership as the result of the making of an Order in Council under paragraph (a). (2) The Governor in Council must not make an Order under subsection (1) except on the recommendation of the Minister after the Minister has received a request from the Council for the Order made by a resolution of the Council and passed by a two thirds majority of the current members of the Council. (3) An Order in Council takes effect on the day specified in the Order in Council or, if no date is specified, on the day the Order in Council is published in the Government Gazette. (4) A copy of every Order in Council under this section must be published in the Government Gazette as soon as practicable after it is made. (5) A copy of every Order in Council made under this section must be laid before both Houses of Parliament on or before the 6th sitting day after the publication of the Order in accordance with subsection (4). (6) Part 5A of the Subordinate Legislation Act 1994 applies to an Order in Council under this section as if the Order in Council were a legislative instrument within the meaning of that Act laid before each House of the Parliament under section 16B of that Act.". s. 99 -- 129 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 123 Authorised by the Chief Parliamentary Counsel 100 New Division 3 substituted in Part 8 For Division 3 of Part 8 of the Victoria University Act 2010 substitute— "Division 3—Further transitional provisions 74 Definition for this Division In this Division— commencement day means the day on which Part 6 of the Education Legislation Amendment (Governance) Act 2012 comes into operation. 75 Operation of Interpretation of Legislation Act 1984 Unless the contrary intention expressly appears, this Division does not affect or take away from the Interpretation of Legislation Act 1984. Note See in particular section 16 of the Interpretation of Legislation Act 1984. 76 Constitution of Council (1) Until an Order in Council is made under section 63 for the purposes of section 11, the Council consists of between 11 and 21 persons being— (a) the official members; and (b) at least 4 government appointed members of whom— (i) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; s. 100 -- 130 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 124 Authorised by the Chief Parliamentary Counsel (ii) one must be a person with commercial expertise at a senior level; and (c) at least 4 Council appointed members. (2) The official members of the Council are— (a) the Chancellor; (b) the Vice-Chancellor; (c) the president (however designated) of the academic board or its equivalent. (3) The government appointed members are— (a) at least 3 persons appointed by the Governor in Council under section 12(1); and (b) one person appointed by the Minister under section 12(2). (4) The Council appointed members are the persons appointed by the Council under section 13. (5) The number of government appointed members must be equal to or greater than the number of Council appointed members. 77 Saving of reconstituted Council (1) On and from the commencement day, the Council— (a) continues in existence as if established under Division 2 of Part 2; and (b) is taken to be the same body as it was immediately before that day, despite any changes to the constitution of the Council and no decision, matter or thing is to be affected because of those changes. s. 100 -- 131 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 125 Authorised by the Chief Parliamentary Counsel (2) On and from the commencement day of an Order in Council under section 63, the Council— (a) continues in existence as if established under Division 2 of Part 2; and (b) is taken to be the same body as it was immediately before that day, despite any changes to the constitution of the Council and no decision, matter or thing is to be affected because of those changes. 78 Members of Council (1) On and from the commencement day, the members of the Council in office under section 11 immediately before that day except elected members— (a) are taken to be the members of the Council appointed in accordance with section 76; and (b) continue in office on the same terms and conditions as those on which they were originally appointed for the remainder of their original terms as if appointed under this Act. (2) An elected member of the Council goes out of office on the first of the following— (a) 1 January 2013; or (b) the day his or her office expires.". 101 Consequential amendments (1) In the heading to section 12 of the Victoria University Act 2010 for "Appointed" substitute "Government appointed". s. 101 -- 132 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 126 Authorised by the Chief Parliamentary Counsel (2) In section 12(1) and (4) of the Victoria University Act 2010 for "appointed" substitute "government appointed". (3) In section 12(2) of the Victoria University Act 2010— (a) for "a person" substitute "persons"; (b) for "an appointed member" substitute "government appointed members". (4) In section 12(5) of the Victoria University Act 2010 for "An appointed" substitute "A government appointed". 102 Terms of office of Council members (1) In clause 1(1) of Schedule 1 to the Victoria University Act 2010, after "Subject to this Act" insert ", including an Order in Council made under section 63". (2) After clause 1(2) of Schedule 1 to the Victoria University Act 2010 insert— "(3) Subclause (2) does not apply if an Order in Council made under section 63 specifies an alternative method of ensuring that the offices of government appointed members and Council appointed members do not all fall vacant in the same year.". 103 Consequential amendments (1) In Schedule 1 to the Victoria University Act 2010, in clauses 1(1)(a) and (2)(a), 4A(2) and (3), 8(1) and (5) and 9(1) for "an appointed" substitute "a government appointed". (2) In Schedule 1 to the Victoria University Act 2010— (a) clause 1(1)(c) and (1)(d) including the example are repealed; s. 102 -- 133 of 138 -- Part 6—Amendment of University Acts Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 127 Authorised by the Chief Parliamentary Counsel (b) in clause 1(1)(b) for "effect;" substitute "effect."; (c) in clause 2(1) omit "or re-elected"; (d) in clause 5, omit "or election"; (e) clauses 6 and 7 are repealed; (f) in clause 8(1) and (5) omit "an elected member,"; (g) in clause 8(1) and (3) omit "election or"; (h) in clause 8(2) and (4) omit "elected or"; (i) in clause 8(3) for "elected or appointed, as the case requires," substitute "appointed". 104 Quorum at meetings of the Council For clause 12(1) of Schedule 1 to the Victoria University Act 2010 substitute— "(1) No question must be decided at any meeting of the Council unless there is a quorum of at least the majority of members holding office for the time being other than a member who is on leave of absence granted under clause 4A". 105 Consequential amendment In clause 16(1)(a), (2)(a), (b) and (c) of Schedule 1 to the Victoria University Act 2010 omit "or election". __________________ s. 104 -- 134 of 138 -- Part 7—Other Amendments Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 128 Authorised by the Chief Parliamentary Counsel PART 7—OTHER AMENDMENTS 106 Authorisations for use of Victorian student numbers and related information In section 5.3A.9(1)(d) of the Education and Training Reform Act 2006 omit ", the Department of Innovation, Industry and Regional Development or the Department of Planning and Community Development". 107 Proceedings for offences In section 5.8.6(4) of the Education and Training Reform Act 2006, for "other than Part 2.6 or 5.5 or Chapter 4" substitute "(other than Part 2.6 or 5.5 or Chapter 4) or the regulations made under this Act". 108 Amendments to the Education and Training Reform Amendment (Skills) Act 2010 (1) In section 2(2) of the Education and Training Reform Amendment (Skills) Act 2010, for "2013" substitute "2014". (2) In section 55(3) of the Education and Training Reform Amendment (Skills) Act 2010— (a) for "section 3.1.13(2)" substitute "3.1.12B(2)"; (b) for "the board of an institute" substitute "a TAFE institute"; (c) for "subsections (1) and (2)" substitute "this section". (3) Section 56 of the Education and Training Reform Amendment (Skills) Act 2010 is repealed. (4) In section 73 of the Education and Training Reform Amendment (Skills) Act 2010, for "2014" substitute "2015". s. 106 See: Act No. 71/2010. LawToday: www. legislation. vic.gov.au -- 135 of 138 -- Part 7—Other Amendments Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 129 Authorised by the Chief Parliamentary Counsel 109 Statute law revision amendments (1) In section 2.6.46(1)(a) of the Education and Training Reform Act 2006, for "misconduct of" substitute "misconduct or". (2) In section 4.9.4(1A)(a) of the Education and Training Reform Act 2006, for "Agency" substitute "Authority". (3) In section 5.8.1(1)(b) of the Education and Training Reform Act 2006, for "of TAFE" substitute "of a TAFE". (4) In clause 8B of Schedule 5 to the Education and Training Reform Act 2006, for "including terms" substitute "include terms". __________________ s. 109 -- 136 of 138 -- Part 8—Repeal of Amending Act Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 130 Authorised by the Chief Parliamentary Counsel PART 8—REPEAL OF AMENDING ACT 110 Repeal of amending Act This Act is repealed on 1 January 2014. 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. 110 -- 137 of 138 -- Education Legislation Amendment (Governance) Act 2012 No. 73 of 2012 131 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 24 October 2012 Legislative Council: 15 November 2012 The long title for the Bill for this Act was "A Bill for an Act to amend the Education and Training Reform Act 2006, the Education and Training Reform Amendment (Skills) Act 2010 and various University Acts and for other purposes." Endnotes -- 138 of 138 --