vocational education and training act 1990file/90-45a020.pdfi version no. 020 vocational education...

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Version No. 020

Vocational Education and Training Act 1990 Act No. 45/1990

Version incorporating amendments as at 22 August 1997

TABLE OF PROVISIONS

Section Page

PART 1—PRELIMINARY 1

1. Purposes 1 2. Commencement 2 3. Definitions 2 4. Objects 7

PART 2—CO-ORDINATION OF STATE TRAINING SYSTEM 9

Division 1—State Co-ordination 9

5. Ministerial guidelines 9 6. Ministerial directions 9 6A. Ministerial directions on employment matters 11 6B. Ministerial orders 12 7. Compliance with Ministerial guidelines and directions 12 8. Establishment of State Training Board 13 9. Functions of the Board 13 9A. Functions of the Board in relation to ANTA 15 9B. Functions of the Board under National Training Wage Award 16 10. Performance agreements and financial powers 16 11. Powers of the Board 18 12. Accountability 18 13. Member 19 14. Terms and conditions of office of member 19 15. Acting members 20 16. Validity of acts or decisions of the Board 21 17. Repealed 21 18. Meetings of the Board 21 19. Public service staff 22 20. Delegations 23 20A. Power of further delegation 25 20B. Delegations to approved training agents 26 21. Establishment of bodies to act as delegates of Board 26

Section Page

ii

22. Immunity of Board members from suit 27

Division 2—National System 27

22A. Conferral of functions on ANTA in relation to Victoria 27 22B. Powers of ANTA in Victoria 27 22C. Representations to funding bodies 28

PART 3—TAFE COLLEGES 29

23. TAFE colleges 29 24. Incorporation of TAFE college councils 30 25. Functions of TAFE college councils 32 26. Powers of TAFE college councils 33 27. Accountability of TAFE college councils 34 28. Council membership 34 29. Terms and conditions of office of members 35 29A. Membership of council not an office of profit 37 30. Proceedings of councils 37 31. Reserve powers of Minister 37 32. Notice of proposal 38 33. Appointment of administrator 39 34. Saving of acts of council 40 34A. Employment of staff 41 34B. Minister may object to college director appointment 41 34C. Schedule 2 42 35. College directors 42 36. Immunity 43 37. Reserve powers do not apply to certain colleges 43

PART 4—INDUSTRY TRAINING BOARDS 44

38. Establishment or declaration of industry training boards 44 39. Orders establishing industry training boards 44 40. Revocation of orders 45 41. Functions of industry training boards 46 42. Powers of industry training boards 46 43. Members 47 44. Terms and conditions of office of members 47 44A. Proceedings of boards 48 45. Immunity of board members from suit 48

PART 5—VOCATIONAL TRAINING 50

Division 1—Preliminary 50

46. Repealed 49 47. Binding of Crown 50 48. Inconsistency of other enactments 50

Section Page

iii

Division 2—Declared Vocations 50

49. Declaration of vocations 50 50. Board's approval required to conduct training programs 51

Division 3—Training Schemes 51

51. Training schemes 51 52. Certificates for completion of approved training schemes 53 53. Certificates for people who have the skill in a vocation 53 53A. Schedule 3 54

Division 4—Contracts and Training Agreements 55

54. Employment under a contract of training 55 55. Contracts of training need approval of Board 56 56. Ratio of supervisors and trainees 58 57. Employer's obligations under a contract of training 58 58. Trainee's obligations under a contract of training 59 59. General provisions about contracts of training 59 60. Term of a contract of training 60 61. Termination of contract during probationary period 61 62. Cancellation, suspension or variation of a contract generally 62 63. Cancellation, suspension or variation of a contract if insufficient

employment available 62 64. Board to determine grievances in certain circumstances 63 65. Repealed 64 66. Associations of employers may employ trainees 65 67. Transfer of contract on dissolution of partnership or transmission

of a business 66 68. Prohibition on premiums 66

Division 5—Miscellaneous 67

69. Register of trainees 67 70. Travel subsidies 67 71. Review of decisions by training agents 68 72. Repealed 68

PART 6—ACCREDITATION OF AND APPROVAL TO DELIVER COURSES 70

Division 1—Preliminary 70

73. Definitions 70

Section Page

iv

Division 2—Accreditation of courses 71

73A. Accreditation of courses 71 74. Investigation of courses by Board 71 75. Vocational Education and Training Accreditation Board 73 76. Industry training accreditation boards 75 77. Declaration of certain colleges to be qualified to recommend

accreditation of their own courses 77 78. Recommendations for accreditation of courses 77 78A. State Register of Accredited Courses 78

Division 3—Approval for delivery of courses 80

79. TAFE colleges and institutions need authority to conduct a course 80

80. Offences by unregistered persons 80 81. Registration of non-college providers of vocational education

and training 82 82. Offences 84 83. Approval to deliver accredited courses 85 84. Register of providers 86

Division 4—Overseas Students 86

85. Endorsement of courses for overseas students 86

Division 5—Defence Force training 88

85A. Defence Force training 88 85B. Recognition of Defence Force institutions 89

PART 7—PRACTICAL PLACEMENT 90

86. Definitions 90 87. Practical placement agreements 91 88. Determination about the placement of post-secondary students 91 89. Conditions on the placement of post-secondary students 92 90. Suspension of conditions for disabled students 92 91. Exemption of practical placement from laws prohibiting or

regulating employment of young persons 92 91A. Duty of care 93

PART 7A—MINIMUM TERMS AND CONDITIONS 94

91AB. Rates of pay 94

Section Page

v

PART 8—MISCELLANEOUS 96

91B. Authorised officers 96 91C. Identification 96 91D. Powers of authorised officers 96 92. Proceedings for offences 98 92A. Offences by corporations etc. 98 93. Evidentiary 99 93A. Supreme Court—limitation of jurisdiction 100 94. Regulations 100 94A. Fees for certificates 101

PART 9—SAVINGS, REPEAL AND AMENDMENTS 102

Division 1—Savings Provisions 102

95. Abolition of authorities 102 96. Repealed 103 97. Trades, apprenticeships and training agreements 104

Divisions 2–4—Repealed 104

98–120. Repealed 104 __________________

SCHEDULES 106

SCHEDULE 1—TAFE Colleges 106

SCHEDULE 2—Employment of staff 107

SCHEDULE 3—State training wage provisions 111 ═══════════════

NOTES 114

1. General Information 114

2. Table of Amendments 115

3. Explanatory Details 119

INDEX 124

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Version No. 020

Vocational Education and Training Act 1990 Act No. 45/1990

Version incorporating amendments as at 22 August 1997

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The main purposes of this Act are—

(a) to establish the State Training Board and to specify its powers and functions in the promotion, planning, co-ordination and administration of vocational education and training in Victoria and of adult, community and further education in TAFE colleges; and

(b) to provide for the establishment of TAFE colleges as self governing institutions forming part of the post-secondary education system in Victoria which includes vocational education and training and adult, community and further education; and

(c) to provide for the establishment or declaration of industry training boards; and

(d) to provide for the regulation of apprenticeships and other work place training; and

(e) to provide mechanisms for the accreditation of vocational education and training courses provided by TAFE institutions and other persons and bodies; and

S. 1(a) amended by No. 91/1991 s. 43(a)(i).

S. 1(b) amended by No. 91/1991 s. 43(a)(ii).

S. 1(d) amended by No. 62/1994 s. 31(1).

S. 1(e) amended by No. 62/1994 s. 60.

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(f) to provide for and regulate the practical placements of students of TAFE providers so as to enable those students to obtain general work experience or to receive workplace training.

2. Commencement

This Act comes into operation on a day or days to be proclaimed.

3. Definitions

In this Act—

"accredited course" means a course which is registered on the State Register of Accredited Courses;

"adult, community and further education" has the same meaning as in the Adult, Community and Further Education Act 1991;

"Adult, Community and Further Education Board" means the Adult, Community and Further Education Board established under the Adult, Community and Further Education Act 1991;

"adult, community and further education plan" means the adult, community and further education plan made under the Adult, Community and Further Education Act 1991;

S. 1(f) inserted by No. 62/1994 s. 60.

s. 2

S. 3 def. of "accredited course" inserted by No. 62/1994 s. 45(1).

S. 3 def. of "adult, community and further education" inserted by No. 91/1991 s. 43(b)(i).

S. 3 def. of "Adult, Community and Further Education Board" inserted by No. 91/1991 s. 43(b)(i).

S. 3 def. of "adult, community and further education plan" inserted by No. 91/1991 s. 43(b)(i).

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"ANTA" means the Australian National Training Authority established under the Australian National Training Authority Act 1992 of the Commonwealth;

"apprentice" means a person whom an employer has undertaken to train under a contract of training in a trade;

"approved training scheme" means a training scheme approved under section 51;

* * * * *

"Board" means the State Training Board established under Part 2;

* * * * *

"declared vocation" means a vocation that is declared to be a vocation under section 49;

S. 3 def. of "ANTA" inserted by No. 62/1994 s. 11.

S. 3 def. of "apprentice" inserted by No. 62/1994 s. 45(1).

s. 3

S. 3 def. of "approved training scheme" inserted by No. 62/1994 s. 45(1).

S. 3 def. of "award" substituted by No. 83/1992 s. 184(Sch. 6 item 22.1), repealed by No. 82/1994 s. 13(Sch. 2 item 10.1).

S. 3 def. of "Council of further education" repealed by No. 91/1991 s. 43(b)(ii).

S. 3 def. of "declared vocation" inserted by No. 62/1994 s. 45(1).

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"Defence Force" means the Defence Force of the Commonwealth;

"employment agreement" has the same meaning as in the Employee Relations Act 1992;

"executive officer" means a member of the management staff of a TAFE college or the TAFE division of a university with a TAFE division;

"further education" means that part of technical and further education which is not vocational education and training and which is not provided or offered by a university or autonomous college;

"government office" means—

(a) an office under the Crown in right of the State of Victoria (not being an office in the public service or the teaching service) to which the right to appoint is vested in the Governor in Council; or

(b) an office of member, acting member or deputy member of a public statutory body whether corporate or unincorporate to which the right to appoint is vested in the Governor in Council;

S. 3 def. of "Defence Force" inserted by No. 62/1994 s. 42.

S. 3 def. of "employment agreement" inserted by No. 106/1994 s. 4.

s. 3

S. 3 def. of "executive officer" inserted by No. 14/1993 s. 4, amended by No. 62/1994 s. 23(1).

S. 3 def. of "government office" amended by No. 62/1994 s. 78(a).

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"National standards" means standards agreed to from time to time by the governments of the Commonwealth, States and Territories;

"National Statement" means the statement set out in the Schedule to Australian National Training Authority Act 1992 of the Commonwealth;

"prescribed" means prescribed by this Act or the regulations;

"Regional Council" means a Regional Council of Adult, Community and Further Education, established under the Adult, Community and Further Education Act 1991;

"State Register of Accredited Courses" means the State Register of Accredited Courses maintained by the Board under section 78A;

"TAFE" means technical and further education;

"TAFE college" means an institution specified in Schedule 1 but if an institution is also specified in Schedule 2 of the Tertiary Education Act 1993 means that part of the institution which provides technical and further education;

"TAFE institution" means a university, school, college or centre at or from which technical and further education is provided;

S. 3 def. of "National standards" inserted by No. 62/1994 s. 45(1).

S. 3 def. of "National Statement" inserted by No. 62/1994 s. 11.

S. 3 def. of "Regional Council" inserted by No. 91/1991 s. 43(b)(iii).

S. 3 def. of "State Register of Accredited Courses" inserted by No. 62/1994 s. 45(1).

s. 3

S. 3 def. of "TAFE college" amended by Nos 14/1993 s. 12(2)(a), 18/1993 s. 29(1)(b).

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"technical and further education" has the same meaning as in the Tertiary Education Act 1993;

"trade" means any declared vocation specified to be a trade under section 49;

"trainee" means—

(a) an apprentice or other person whom an employer has undertaken to train under a contract of training in a declared vocation; or

(b) a person whom an employer has undertaken to train under a training scheme approved by the Board under section 51 and registered with the Board under section 69;

"training" means training whether by way of course, instruction or practical training in the knowledge and skills required for a vocation;

"university with a TAFE division" means the Royal Melbourne Institute of Technology, Swinburne University of Technology and Victoria University of Technology;

"vocational education and training" means—

(a) that part of technical and further education which is directed to the development of skills in relation to a trade or vocation; and

S. 3 def. of "technical and further education" substituted by No. 18/1993 s. 29(1)(a).

S. 3 def. of "trade" inserted by No. 62/1994 s. 45(1).

S. 3 def. of "trainee" inserted by No. 62/1994 s. 45(1).

s. 3

S. 3 def. of "training" inserted by No. 62/1994 s. 45(1).

S. 3 def. of "university with a TAFE division" inserted by No. 62/1994 s. 21.

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(b) apprenticeships and other forms of training which are based in the workplace;

"vocational education and training course" means a sequence of vocational education and training.

4. Objects

The objects of this Act are—

(a) to establish a State Training System for the provision of vocational education and training responsive to the needs of industry and the community; and

(b) to establish institutions for the provision of TAFE as part of the system of State post-secondary education institutions; and

(c) to provide mechanisms by which industry can advise government on vocational education and training needs and priorities to meet those needs; and

(d) to provide mechanisms for consultation between the Board and technical and further education providers and other bodies involved in technical and further education; and

(e) to provide for a system of accreditation of vocational education and training courses to ensure the quality of those courses and to ensure that those courses are consistent with national standards for accreditation; and

(f) to facilitate the development of training by and within industry; and

S. 3 def. of "vocational education and training course" inserted by No. 62/1994 s. 45(1).

s. 4

S. 4(c) amended by No. 62/1994 s. 14(1).

S. 4(e) amended by No. 62/1994 s. 44.

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(g) to promote the devolution and decentralisation of decision-making within the State Training System; and

(h) to promote cross-crediting and articulation of courses between providers of vocational education and training and other sectors of education so as to maximise progression of students; and

(i) to ensure adequate access to vocational education and training and to the services and programs of TAFE colleges and TAFE institutions in general by disadvantaged persons and groups and to make provision for the equitable treatment of all individuals in the provision of services and programs by TAFE colleges and TAFE institutions; and

(ia) to ensure the provision of and access to adult, community and further education in TAFE colleges in accordance with the adult, community and further education plan; and

(j) to ensure adequate representation of women and men at all levels of the State Training System and on all bodies in the State Training System.

_______________

s. 4

S. 4(ia) inserted by No. 91/1991 s. 43(c).

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PART 2—CO-ORDINATION OF STATE TRAINING SYSTEM

Division 1—State Co-ordination

5. Ministerial guidelines

(1) The Minister, after consulting with or considering the advice of the Board, may issue written guidelines on any matter relating to vocational education and training in Victoria or adult, community and further education in TAFE colleges.

(2) A guideline may be issued so as to require a matter affected by the guideline to be approved by or to the satisfaction of a specified person or body or a specified class of persons or bodies.

(3) A guideline takes effect—

(a) on and from the day specified in it; or

(b) if no day is specified, on and from the day on which the guideline is issued.

6. Ministerial directions

(1) The Minister, after consulting with or considering the advice of the Board, may give written directions to—

(aa) the council of a TAFE college; or

Pt 2 (Heading) amended by No. 62/1994 s. 4.

Pt 2 Div. 1 (Heading) inserted by No. 62/1994 s. 9.

s. 5

S. 5(1) amended by No. 91/1991 s. 43(d).

S. 5(2) amended by Nos 91/1991 s. 43(e)(i)(ii), 18/1993 s. 29(1)(c), substituted by No. 62/1994 s. 5.

S. 5(3) inserted by No. 62/1994 s. 5.

S. 6 amended by No. 62/1994 s. 6(1)(a)(b).

S. 6(1)(aa) inserted by No. 62/1994 s. 6(1)(b).

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(ab) the council of a university with a TAFE division; or

(ac) an industry training board—

in relation to all or any of the following matters—

(a) the preparation, scope and form of performance agreements;

(b) the preparation, scope and form of management plans;

(c) the fees and charges which may or must be imposed and any concessions or exemptions which may or must apply to them;

(d) any action necessary to enable the State to comply with the terms of any agreement or arrangement made between it and the Commonwealth of Australia or any other State or Territory;

(e) the standard and general form of accounts and records to be kept by the council or board;

(f) the inspection of facilities, accounts and records of the council or board;

(g) in the case of a council of a TAFE college, as to whether the council may exercise any of the powers mentioned in section 26(2), the approvals which must be obtained before those powers are exercised and the conditions under which the powers are to be exercised;

(h) reporting requirements.

(2) The Minister's power to give directions to the council of a university with a TAFE division is limited to those matters referred to in sub-section

S. 6(1)(ab) inserted by No. 62/1994 s. 6(1)(b).

S. 6(1)(ac) inserted by No. 62/1994 s. 6(1)(b).

S. 6(1)(c) substituted by No. 62/1994 s. 6(1)(c).

s. 6

S. 6(1)(g) amended by No. 62/1994 s. 6(1)(d).

S. 6(2) inserted by No. 62/1994 s. 6(2).

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(1) to the extent that they relate to the TAFE division of that university.

(3) A direction may be given so as to require a matter affected by the direction to be approved by or to the satisfaction of a specified person or body or a specified class of persons or bodies.

(4) A direction takes effect—


(b) if no day is specified, on and from the day on which it is given.

6A. Ministerial directions on employment matters

(1) The Minister may give written directions to—

(a) the council of a TAFE college; or

(b) the council of a university with a TAFE division—

about the employment of staff by the council or, in the case of a university, the employment of staff in the TAFE division of that university.

(2) Without limiting sub-section (1), a direction may make provision for or with respect to—

(a) staff redundancies including the number of staff to be made redundant within a specified period and the transfer of staff to another TAFE college or to the TAFE division of a university with a TAFE division;

(b) staff superannuation arrangements including the making of employer contributions;

(c) the method of accounting and payment between TAFE colleges and the universities with TAFE divisions in respect of accrued or accruing leave or other employment

S. 6(3) inserted by No. 62/1994 s. 6(2).

S. 6(4) inserted by No. 62/1994 s. 6(2).

S. 6A inserted by No. 14/1993 s. 5.

s. 6A

S. 6A(1)(b) substituted by No. 62/1994 s. 23(2)(a).

S. 6A(2)(a) amended by No. 62/1994 s. 23(2)(b).

S. 6A(2)(c) amended by No. 62/1994 s. 23(2)(b)(c).

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entitlements where a staff member transfers to another TAFE college or the TAFE division of a university with a TAFE division.

(3) A direction may be made so as to apply—

(a) generally or in specified cases or in a specified class of case or specified classes of cases;

(b) at all times or at a specified time or specified times.

(4) A direction may be made so as to require a matter affected by the direction to be approved by or to the satisfaction of a specified person or a specified class of persons.

(5) A direction takes effect—


(b) if no day is specified, on and from the day on which the direction is notified in the Government Gazette.

(6) The Minister must cause a direction to be published in the Government Gazette as soon as practicable after it is made.

6B. Ministerial orders

The Minister may make an order declaring a position or class of positions on the staff of a TAFE college or the TAFE division of a university with a TAFE division to be part of the management staff of the TAFE college or TAFE division.

7. Compliance with Ministerial guidelines and directions

The council of a TAFE college or a university with a TAFE division and an industry training board must observe and give effect to any

S. 6B inserted by No. 14/1993 s. 5, amended by No. 62/1994 s. 23(3).

s. 6B

S. 7 amended by Nos 14/1993 s. 6, 62/1994 s. 6(3).

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guideline issued under section 5 and any direction under section 6 or 6A applying to it when exercising its functions or powers under this Act.

8. Establishment of State Training Board

(1) There is established a Board to be called the State Training Board of Victoria.

(2) The Board—

(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

(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) The common seal must be kept as directed by the Board and must only be used as authorised by the Board.

(4) All courts must take judicial notice of the imprint of the common seal on a document and, until the contrary is proved, must presume that the document was properly sealed.

9. Functions of the Board

(1) The functions of the Board are—

(a) to advise the Minister about the development of frameworks for vocational education and training in Victoria which will ensure high

s. 8

S. 9(1) amended by No. 91/1991 s. 43(f)(i)–(viii), substituted by No. 62/1994 s. 7.

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quality services are provided for the public and private sectors;

(b) to advise the Minister about vocational education and training strategies to complement State and national economic and social development;

(c) to identify major vocational education and training issues and make recommendations to the Minister about those issues;

(d) to ensure consistency in the nomenclature of vocational education and training qualifications;

(e) to promote research in relation to vocational education and training;

(f) to advise the Minister about curriculum in vocational education and training;

(g) to advise the Minister about the effective spending of money made available for vocational education and training;

(h) to advise the Minister about the provision of adult, community and further education in TAFE colleges;

(i) to advise the Minister on any other matter that the Minister refers to the Board;

(j) to carry out any other function that is conferred on the Board by this or any other Act.

(2) The Board must—

(a) have regard to the whole of the functions conferred on councils of TAFE colleges by or under this Act; and

(b) establish systems to achieve co-operation between the Board and the Adult,

s. 9

S. 9(2)(b) substituted by No. 91/1991 s. 43(g)(i).

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Community and Further Education Board in relation to, among other things, planning, curriculum development, accreditation, cross-crediting and linking of courses and recognition of prior learning for adult, community and further education;

(c) ensure that its actions are consistent with arrangements for the provision of adult, community and further education in Victoria; and

(d) give effect to the adult, community and further education plan—

in carrying out its functions.

9A. Functions of the Board in relation to ANTA

(1) The Board is the State training agency for Victoria under the National Statement.

(2) The functions of the Board as the State training agency are—

(a) to provide data and advice to ANTA about the vocational education and training needs and priorities in Victoria and the funding implications of those needs and priorities;

(b) to advise ANTA about—

(i) the development of vocational education and training policy; and

(ii) the development of a National Strategic Plan for vocational education and training; and

(c) to develop for ANTA a State Training Profile having regard to—

S. 9(2)(c) amended by No. 91/1991 s. 43(g)(ii)(iii).

S. 9(2)(d) inserted by No. 91/1991 s. 43(g)(iii).


s. 9A

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(i) the planning parameters set by the Ministerial Council referred to in the National Statement; and

(ii) the National Strategic Plan referred to in that Statement;

(d) to ensure that vocational education and training in Victoria is managed and delivered having regard to the National Strategic Plan;

(e) to provide annual vocational education and training performance reports to ANTA;

(f) to perform any other function given to the Victorian State training agency under the National Statement.

(3) In this section "vocational education and training" includes adult, community and further education.

9B. Functions of the Board under National Training Wage Award

(1) The Board as the relevant State Training Authority may enter into an agreement with NETTFORCE as provided by the National Training Wage Interim Award 1994 made by the Australian Industrial Relations Commission as varied from time to time and may perform the functions and exercise the powers given to it under any such agreement.

(2) In this section "NETTFORCE" means the body known as Nettforce Incorporated which is incorporated as an association under the Associations Incorporation Act 1991 of the Australian Capital Territory.

10. Performance agreements and financial powers

S. 9B inserted by No. 106/1994 s. 5.

s. 9B

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(1) The Board may enter into a performance agreement with a council of a TAFE college with respect to the provision by the college of vocational education and training or adult, community and further education.

(2) A performance agreement under sub-section (1) may contain, with the consent of the Minister and subject to any conditions imposed by the Minister, additional provisions with respect to the provision by the TAFE college of education other than vocational education and training or adult, community and further education.

(3) The Board may enter into a performance agreement with an industry training board with respect to the board's functions under this Act.

(4) The Board—

(a) may apply money for or towards the costs of or incidental to the performance of its functions and exercise of its powers under this Act; and

(b) may make payments to the council of a TAFE college in accordance with a performance agreement with the council; and

(c) may make payments to an industry training board in accordance with a performance agreement with the board; and

(d) may 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 Board thinks fit.

(5) The Board must cause to be kept proper accounts and records of all money applied or paid under sub-section (4).

S. 10(1) amended by No. 91/1991 s. 43(h).

S. 10(2) amended by No. 91/1991 s. 43(i).

s. 10

S. 10(4) amended by No. 62/1994 s. 77(1).

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(6) The accounts and records are to be kept in the form required by the Auditor-General.

(7) The accounts of the Board kept under this section must be audited at least once a year by the Auditor-General, who has in respect of the accounts all the powers conferred on the Auditor-General by any law relating to the audit of public accounts.

11. Powers of the Board

The Board has power to do everything that is necessary or convenient for it to do for or in connection with the performance of its functions including any function delegated to it.

12. Accountability

(1) The Board must perform its functions and exercise its powers subject to—

(a) any economic and social objectives and public sector management policy established from time to time by the Government of Victoria; and

(b) the general direction and control of the Minister; and

(c) in the case of the Board's functions and powers under sections 9A and 10, the specific direction and control of the Minister—

and in accordance with the objectives of the National Statement.

(2) The Board must publish any written direction given to it during a financial year in its annual report for that year.

s. 11

S. 12(1) amended by No. 62/1994 s. 12(2).

S. 12(1)(a) amended by No. 62/1994 s. 12(1).

S. 12(1)(b) amended by No. 62/1994 s. 12(2).

S. 12(1)(c) inserted by No. 62/1994 s. 12(2).

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* * * * *

13. Member1

(1) The Board consists of not more than 6 members appointed by the Governor in Council of whom one shall be appointed Chairperson.

(2) The Public Sector Management Act 1992 (except Part 9) does not apply to a member in respect of the office of member.

14. Terms and conditions of office of member

(1) A member holds office for the term, not exceeding 3 years, that is specified in the instrument of appointment, and is eligible for re-appointment.

(2) The office of a member becomes vacant if—

(a) the member becomes bankrupt; or

(b) the member is found guilty of an offence which is, or which would if committed in Victoria be, an indictable offence; or

(c) the member is absent from 3 consecutive meetings of the Board without the leave of the Chairperson, or in the case of the Chairperson without the Minister's leave;

* * * * *

(3) A member must in the exercise of his or her functions—

(a) act honestly; and

(b) exercise reasonable care and diligence; and

S. 12(3) repealed by No. 62/1994 s. 12(3).

S. 13 amended by Nos 91/1991 s. 43(j)(i)(ii), 18/1993 s. 29(1)(d)(i)(ii), substituted by No. 62/1994 s. 13(1).

s. 13

S. 14(2)(c) amended by No. 42/1995 s. 224(Sch. 2 item 47(a)).

S. 14(2)(d) repealed by No. 42/1995 s. 224(Sch. 2 item 47(b)).

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20 M-23/9/97

(c) not make improper use of any information acquired as a member of the Board; and

(d) disclose to the Board any conflict of interest or duties except those arising directly out of the person's qualification for membership of the Board.

(4) A member may resign his or her office in writing delivered to the Governor in Council.

(5) The Governor in Council may remove or suspend a member from office.

(6) A member, other than a person who holds a full-time government office or a full-time office in the public service, teaching service or with a statutory authority and whose travelling and personal expenses are met through that office, is entitled to be paid—

(a) any remuneration that is specified in the instrument of appointment or that is fixed from time to time by the Governor in Council; and

(b) allowances for travelling and personal expenses at the rates and on the conditions applicable to officers of the public service.

(7) A member is appointed subject to any other terms and conditions that are specified in the instrument of appointment and that are not inconsistent with this Act.

15. Acting members

(1) If a member is unable to perform his or her duties or is absent from duty or there is a vacancy in the office of a member including a Deputy Chairperson, the Minister may appoint a person whom the Minister considers suitable to act in the place of that member during that inability, absence or until the vacancy is filled or for any

S. 14(6) amended by No. 62/1994 s. 78(b).

s. 15

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21 M-23/9/97

other period specified in the instrument of appointment.

(2) A person so appointed, while acting in the place of the member or during the vacancy in the office of a member—

(a) has all the powers and may perform all the functions of the member; and

(b) if the person does not hold a full-time government office or a full-time office in the public service, the teaching service or with a statutory authority, is entitled to be paid any remuneration and travelling or other allowances that the member would have been entitled to under section 14(6).

16. Validity of acts or decisions of the Board

An act or decision of the Board is not invalid only because—

(a) of a vacancy in the office of a member; or

(b) of a defect or irregularity in or in connection with the appointment of a member; or

(c) in the case of a presiding or acting member, the occasion for that person so presiding or acting had not arisen or had ceased.

* * * * *

18. Meetings of the Board

(1) The Chairperson must preside at any meeting of the Board at which he or she is present.

(2) If the Chairperson is absent, a member elected by the members present at a Board meeting must preside.

S. 15(2)(b) amended by No. 62/1994 s. 78(c).

s. 16

S. 17 repealed by No. 62/1994 s. 14(2).

S. 18(2) substituted by No. 62/1994 s. 14(3).

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22 M-23/9/97

(3) A majority of members in office at the time constitutes a quorum.

(4) A question arising at a Board meeting is determined by a majority of votes and, if the votes are equal, the person presiding has a casting vote.

(5) The Board must meet at the times and places that are determined by the Chairperson or the Board.

(5A) The Board may permit members to participate in a particular meeting, or all meetings, by telephone, closed circuit television or other means of communication.

(6) The Board must keep a record of the decisions and full and accurate minutes of its meetings and must not later than 14 days after a meeting give to the Minister a copy of the minutes of the meeting.

(7) Subject to this Act, the Board may regulate its own proceedings.

19. Public service staff 2

(1) There may be appointed or employed under the Public Sector Management Act 1992 a Director and any other officers and employees that are necessary for the purposes of this Act.

(2) The Director is responsible for implementing any policy or decision of the Minister or the Board made in accordance with this Act.

S. 18(5A) inserted by No. 62/1994 s. 36.

S. 19 substituted by No. 62/1994 s. 15(1).

s. 19

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23 M-23/9/97

20. Delegations

(1) The Board may, by instrument under its common seal, delegate to—

(a) a member of the Board; or

(b) the council of a TAFE college or a university with a TAFE division; or

(c) an industry training board; or

(d) the Vocational Education and Training Accreditation Board established under section 75; or

(e) an industry training accreditation board established under section 76; or

(f) the Director or an officer or employee appointed or employed under section 19; or

(g) the Adult Community and Further Education Board, the General Manager of that Board, or an officer or employee appointed under section 25 of the Adult, Community and Further Education Act 1991—

any power or function of the Board.

(2) The Board may, by instrument under its common seal, delegate to a further education accreditation board established under section 13B of the Adult, Community and Further Education Act 1991 any power or function of the Board under section 74.

(3) The Minister may, by instrument in writing, delegate to—

(a) the Board or any member of the Board; or

(b) the Director or an officer or employee appointed under section 19; or

S. 20 amended by Nos 21/1990 s. 71(1), 91/1991 s. 43(k)(i)–(iv), 44/1992 s. 69(a)–(c), 45/1992 s. 65(a)–(c), 18/1993 s. 29(1)(e)(2), substituted by No. 62/1994 s. 17.

s. 20

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24 M-23/9/97

(c) the council of a TAFE college or a university with a TAFE division; or

(d) the Adult, Community and Further Education Board, the General Manager of that Board or an officer or employee of the public service appointed under section 25 of the Adult, Community and Further Education Act 1991—

any of the Minister's powers or functions under this Act except this power of delegation and any powers or functions under sections 5, 6, 12(1)(b) or (c), 13 and 28.

(4) The Director may, by instrument in writing, delegate to—

(a) an officer or employee appointed under section 19; or

(b) the council of a TAFE college or a university with a TAFE division; or

(c) the Adult, Community and Further Education Board, the General Manager of that Board or an officer or employee of the public service appointed under section 25 of the Adult, Community and Further Education Act 1991—

any of the Director's powers or functions under this Act.

(5) Without limiting the generality of sub-section (1), the Board may, by instrument under its common seal, delegate to a body established under section 4 of the Tertiary Education Act 1993 or section 31 of the Adult, Community and Further Education Act 1991 any of its powers and functions under section 74, 78 or 85 in relation to a specified type of post-secondary education

s. 20

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25 M-23/9/97

course or a specified type of post-secondary education.

(6) A delegation to an industry training board must not be made without the Minister's consent and must be published in the Government Gazette.

(7) The Board, the Minister or the Director may delegate a power or function even though the Board, Minister or Director may only exercise the power or perform the function after receiving the report, recommendation, opinion or advice or after consulting the person to whom the power or function is delegated.

20A. Power of further delegation

(1) If a power or function has been delegated to the council of a TAFE college or a university with a TAFE division under section 20, that council may delegate the power or function to—

(a) any other person or body to whom that power or function may be delegated directly; and

(b) in the case of the council of a TAFE college, any person employed by the council under section 34A; 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.

(2) An original instrument of delegation may specify any terms, conditions, limitations or restrictions on the making of a further delegation.

(3) Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation


s. 20A

Act No. 45/1990


26 M-23/9/97

authorised by this section in the same way as they apply to a delegation.

20B. Delegations to approved training agents

(1) Without limiting the powers of the Board under section 20, the Board may, by instrument under its common seal, delegate to any person or body appointed as an approved training agent any power or function of the Board under section 52, 53(1) and (2), 54(3), 55, 59(2A), (3) or (4), 60, 61(2), 62(2) or 63 or any power or function of the Board to determine ratios under section 56 relating to a particular employer.

(2) The Governor in Council may, on the recommendation of the Minister by Order published in the Government Gazette, appoint any person or body to be an approved training agent for the purposes of this Act.

(3) The Board must ensure that a copy of an instrument of delegation under this section is published in the Government Gazette as soon as practicable after its making.

21. Establishment of bodies to act as delegates of Board

(1) The Governor in Council may from time to time by Order establish a board, committee or other similar body to exercise any of the powers and functions of the Board that are delegated to it under this section.

(2) The Governor in Council may in any Order made under sub-section (1) make any provision with respect to the terms and conditions of appointment of the members of the body and the procedure of the body as the Governor in Council thinks fit.

(3) The Board with the consent of the Minister may, by instrument in writing, delegate to any body established under sub-section (1) any of its


s. 20B

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27 M-23/9/97

powers and functions (except this power of delegation).

(4) A body established under sub-section (1) may permit members to participate in a particular meeting, or all meetings, by telephone, closed circuit television or other means of communication.

22. Immunity of Board members from suit

(1) An action does not lie against a member of the Board for anything done, or not done, in good faith in the course of giving effect, or purporting to give effect to this Act.

(2) An action which would lie against a member of the Board except for sub-section (1) may be brought against the Board.

Division 2—National System

22A. Conferral of functions on ANTA in relation to Victoria

ANTA has the functions, in relation to Victoria, that are expressed to be conferred on it by the Australian National Training Authority Act 1992 of the Commonwealth.

22B. Powers of ANTA in Victoria

(1) In Victoria, ANTA has power to do all things necessary or convenient to be done in the performance of the functions, and may exercise the powers, expressed to be conferred on it by—

(a) this Act; or

(b) the Australian National Training Authority Act 1992 of the Commonwealth; or

S. 21(4) inserted by No. 62/1994 s. 37.

s. 22

Pt 2 Div. 2 (Heading and ss 22A–22C) inserted by No. 62/1994 s. 10.



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28 M-23/9/97

(c) the law of another State or Territory corresponding to this Act.

(2) This section is in addition to, and does not limit another law of the Commonwealth, a State or a Territory that confers power on ANTA.

22C. Representations to funding bodies

(1) The council of a TAFE college or of a university with a TAFE division must give the State Training Board at least 4 weeks notice before it makes any representations in writing to ANTA or any other body established under the law of the Commonwealth or of the law of the State of Victoria which is charged with the duty of allocating funds for vocational education and training or advising or making recommendations about the allocation of those funds to the Commonwealth Parliament or the Commonwealth Government or the Parliament or the Government of the State of Victoria.

(2) If the Board receives notice under sub-section (1) it may, within 4 weeks of receiving that notice, inform the council that the Board wishes its views to be attached to those representations.

(3) If a council receives information from the Board that the Board wishes its views to be attached to the council's representations, the council must ensure that those views are attached unless—

(a) the Board advises the council that it no longer wishes its views to be attached; or

(b) the Board does not, within 4 weeks of informing the council under sub-section (2), supply the council with a written copy of its views.

_______________

S. 22C inserted by No. 62/1994 s. 10.

s. 22C

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PART 3—TAFE COLLEGES

23. TAFE colleges

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

(a) create a TAFE college; or

(b) abolish a TAFE college; or

(c) amalgamate one or more TAFE colleges; or

(ca) if the council of a university with a TAFE division approves, merge a TAFE college with the university; or

(d) change the name of a TAFE college—

and amend Schedule 1 by—

(e) inserting the name of a new or amalgamated TAFE college; or

(f) removing the name of a TAFE college; or

(g) changing the name of a TAFE college.

(2) The Minister must not make a recommendation under sub-section (1) unless—

(a) the council or the governing body (if any) of any college or proposed college concerned has made a request for the proposed order or has been consulted about the proposed order; and

(b) the Minister has consulted the Board about the proposed order.

(3) If an Order in Council changes the name of a college pursuant to sub-section (1)—

s. 23

S. 23(1) amended by Nos 44/1992 s. 69(d), 62/1994 s. 18(a), 85/1995 s. 10(a).

S. 23(1)(ca) inserted by No. 44/1992 s. 69(d), substituted by No. 62/1994 s. 22.

S. 23(2) amended by No. 62/1994 s. 18(b).

S. 23(2)(b) substituted by No. 62/1994 s. 18(c).

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30 M-23/9/97

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

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

24. Incorporation of TAFE college councils

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

(a) establish a council to oversee and manage a TAFE college; or

(b) amalgamate a council with another council; or

(c) abolish a council; or

(d) change the name of a council; or

(e) make provision or further provision for or with respect to the constitution, management structure, membership, objectives, powers, duties or functions of a council, the manner of appointment or the terms and conditions of appointment of members of a council; or

(f) make provision for the council to make rules for the government of the college; or

(g) make provision for the council 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 college or to a committee established by or under an Order in Council relating to the council;

s. 24

S. 24(1) amended by No. 62/1994 s. 18(a).

S. 24(1)(f) amended by No. 62/1994 s. 82(a).

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31 M-23/9/97

(h) amend any provision of a previous order relating to a council; or

(i) make provision for or with respect to anything that is consequential upon the making of an order including the rights and obligations or the assignment of any property (subject to any trusts) of any council referred to in the Order.

(2) The Minister must not make a recommendation under sub-section (1) unless—

(a) the council of any college concerned has made a request for the proposed Order or has been consulted about the proposed Order; and

(b) the Minister has consulted the Board about the proposed order.

(3) A council established under sub-section (1)—




(d) is capable of acquiring, holding, dealing with or disposing of property for the purpose of performing its functions and exercising its powers; and

(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.

S. 24(2) amended by No. 62/1994 s. 18(b).

S. 24(2)(b) substituted by No. 62/1994 s. 18(c).

s. 24

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32 M-23/9/97

(4) If two or more councils previously incorporated pursuant to this Act or the Post-Secondary Education Act 1978 and Tertiary Education Act 1993 are amalgamated pursuant to an Order under sub-section (1), any legal proceedings that might have been commenced or continued by or against any of the councils may be commenced or continued by or against the single council formed by the amalgamation.

(5) A change of name pursuant to an Order under sub-section (1) does not affect the identity of the council or any rights or obligations of the council or render defective any legal proceedings by or against the council, and any legal proceedings that might have been continued or commenced by or against it by its former name may be continued by or against it by its new name.

25. Functions of TAFE college councils

(1) The functions of the council of a college are—

(a) to oversee and manage the college efficiently and effectively and to prepare periodic management plans for the college; and

(b) to provide the population of the area served by the college with efficient and effective technical and further education programs and services responsive to the needs of industry, students and the general community; and

(ba) to provide the population of the area served by the college 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; and

S. 24(4) amended by No. 18/1993 s. 29(1)(f).

s. 25

S. 25(1)(ba) inserted by No. 91/1991 s. 43(l).

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33 M-23/9/97

(c) to make adequate arrangements for persons and groups which have not had or do not have adequate access to technical and further education programs and services; and

(d) to carry out any other function conferred on the council by or under this Act or any Order in Council made under section 24.

(2) Without limiting the generality of sub-section (1) the council may carry out all or any of the following functions—

(a) provide facilities or services for study, research or education;

(b) undertake research, development, counselling or other services for commercial organizations;

(c) aid or engage in the development or promotion of college research or the application or use of the results of that research;

(d) prepare, publish or distribute or license the use of literary or artistic work, audio or audio-visual material or computer software;

(e) seek or encourage gifts to the college or for college purposes;

(f) promote or assist drama, music or the visual arts.

26. Powers of TAFE college councils

(1) A council has power to do all things that are necessary or convenient to be done for or in connection with or, as incidental to, the performance of its functions including any function delegated to it.

s. 26

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34 M-23/9/97

(2) Without limiting the generality of sub-section (1) a council, for the purpose of carrying out its functions under section 25(2), 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.

27. Accountability of TAFE college councils

(1) A council must perform its functions and exercise its powers subject to—

(a) a performance agreement; and

(b) any economic and social objectives established from time to time by the Government of Victoria; and

(c) any Order in Council made under section 24; and

(d) any other requirements of this Act.

(2) A council must establish and keep full and complete books and accounts of all money received and paid by the council and must arrange for a continuous audit of the income and expenditure to be made at any intervals not exceeding one month that the Minister directs.

(3) The books and accounts referred to in sub-section (2) must be kept in the form and manner approved by the Auditor-General.

28. Council membership3

(1) An Order in Council under section 24 must provide for a council consisting of not less than 9 and not more than 15 persons of whom—

s. 27

S. 28 amended by No. 91/1991 s. 43(m), substituted by No. 62/1994 s. 19(1).

s. 28

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35 M-23/9/97

(a) not less than one half must be appointed by the Minister;

(b) one must be a staff member of the college elected by staff of the college;

(c) one must be a student of the college elected by students of the college;

(d) one must be the director of the college;

(e) the remaining members must be persons with knowledge of or experience in the community or any industry served by the college or in adult, community and further education or with special skills or knowledge relevant to the council appointed by the council by co-option.

(2) At least half the members referred to in sub-section (1)(a) must be persons with knowledge of or experience in any industry in which training is provided in the college, appointed by the Minister after considering the advice of the members of the council who have been appointed.

29. Terms and conditions of office of members

(1) The office of a member becomes vacant if—



(c) the member is absent from 3 consecutive meetings of the council without the leave of the Chairperson; or

(d) the member becomes a represented person within the meaning of the Guardianship and Administration Board Act 1986.

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36 M-23/9/97

(2) A member must in the exercise of his or her functions—



(c) not make improper use of any information acquired as a member of a council; and

(d) disclose to the council any conflict of interest or duties except those arising directly out of the person's qualification for membership of a council.

(3) The Governor in Council may remove a member appointed by the Minister under section 28(1)(a) from office at any time.

(4) The Governor in Council may remove a member elected or appointed to the council under section 28(1)(b), (c) or (e)—

(a) on the recommendation of two thirds of the members for the time being of the council; or

(b) on the recommendation of the Board.

(5) The Board must not make a recommendation under sub-section (4)(b) unless—

(a) the Board has requested the council to recommend the removal of a member and the council has not made a recommendation within 30 days of the request; and

(b) the Board is satisfied that the member failed to comply with any requirement of sub-section (2); and

(c) the Board has given the member an opportunity to submit an explanation in relation to the alleged failure.

S. 29(3) amended by No. 62/1994 s. 20(a)(i)(ii).

s. 29

S. 29(4) amended by No. 62/1994 s. 20(b).

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37 M-23/9/97

29A. Membership of council not an office of profit

A member of a council of a college shall not be taken to hold an office or place of profit under the Crown which would—

(a) prevent the member sitting or voting as a member of the Legislative Council or Legislative Assembly; or

(b) make void the member's election to the Legislative Council or Legislative Assembly; or

(c) prevent the member continuing to be a member of the Legislative Council or Legislative Assembly; or

(d) subject the member to liability to pay a penalty under the Constitution Act 1975.

30. Proceedings of councils

(1) Subject to this Act and any Order in Council made under section 24 relating to a college, the council of the college may regulate its own proceedings.

(2) The council of a college may permit members to participate in a particular meeting, or all meetings, by telephone, closed circuit television or other means of communication.

31. Reserve powers of Minister

(1) If the Minister is satisfied that the council of a college—

(a) is inefficiently or incompetently managing the college; or

(b) is failing to comply with its performance agreement; or

(c) has failed to comply with any provision of this Act, a guideline issued by the Minister under Part 2 or any directions given to the


s. 29A

S. 30 amended by No. 62/1994 s. 38(a).

S. 30(2) inserted by No. 62/1994 s. 38(b).

S. 31(1)(c) amended by No. 14/1993 s. 7(1)(a).

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38 M-23/9/97

council by the Minister under this Part or an Order in Council establishing the council—

the Minister may do any one or more of the following—

(d) issue written directions to the council about—

(i) action to be taken to remedy inefficient or incompetent management, which may include the dismissal of the college director; or

(ii) compliance with a performance agreement; or

(iii) compliance with the Act, guidelines, directions or an Order in Council;

(e) censure the council in accordance with section 32;

(f) recommend that the Governor in Council dismiss the members of the council and appoint new members of the council and make arrangements for the elections for elected members of the council; or

(g) recommend to the Governor in Council that an administrator of the college be appointed in accordance with sections 32 and 33.

(2) If the Minister is satisfied that a council has failed to comply with a direction given under sub-section (1)(d) the Minister may do any one or more of the things specified in sub-section (1)(e), (f) and (g).

32. Notice of proposal

(1) If the Minister proposes to exercise his or her powers under section 31, the Minister—

S. 31(1)(d)(i) amended by No. 14/1993 s. 7(1)(b).

s. 31

S. 31(2) amended by No. 14/1993 s. 7(2).

s. 32

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(a) must give the council notice in writing of the proposal and the reasons for the proposal; and

(b) must consider any submissions whether oral or in writing made to the Minister by the council within 7 days after the giving of the notice or any further time specified in the notice; and

(c) may consider any other submissions and any matters the Minister considers appropriate—

before deciding whether or not to exercise the power.

(2) If the Minister decides to censure or dismiss a council or appoint an administrator to the council, the Minister must—

(a) give notice in writing of the censure, dismissal or appointment to the council; and

(b) cause to be tabled in each House of Parliament within 7 sitting days of the House after the notice is given to the council—

(i) a copy of the notice; and

(ii) a report of the circumstances leading to the action; and

(iii) a copy of any written submission made by the council.

33. Appointment of administrator

(1) If the Minister decides to recommend the appointment of an administrator, the Governor in Council, on the recommendation of the Minister, may appoint an administrator of the college for the period and subject to the terms and conditions that are specified in the appointment.

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40 M-23/9/97

(2) An administrator of a college appointed under this section has and may exercise all the powers and is subject to all the duties of the council of the college and the director of the college.

(3) On the appointment of an administrator, the members of the council of the college cease to hold office.

(4) The Minister must review the appointment of an administrator within 12 months after the appointment.

(5) If the Minister recommends to the Governor in Council that the appointment of the administrator should be revoked, the Governor in Council may by notice published in the Government Gazette declare that the appointment will be revoked on the date specified in the notice, being a date not less than 28 days after the publication of the notice.

(6) If a notice is published under sub-section (5) in relation to a college—

(a) members of the council of the college shall be elected or appointed in accordance with this Part; and

(b) on the date specified in the notice—

(i) the appointment of the administrator is revoked; and

(ii) the council of the college is re-established.

34. Saving of acts of council

Nothing done by a council is in any way abated or affected by the dismissal of the council or the

S. 33(2) amended by No. 14/1993 s. 8.

s. 33 s. 34

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appointment of an administrator under section 32 or 33.

34A. Employment of staff

(1) Subject to any direction given by the Minister under section 6A, a council—

(a) must employ a college director; and

(b) may employ such other staff as is necessary to enable the council to perform its functions and exercise its powers.

(2) A council, in employing persons under this section, does not represent the Crown.

(3) The college director must be taken to be the employer, for the purposes of the provisions of Schedule 2 relating to contracts of employment and for no other purpose, of any person employed under sub-section (1)(b).

(4) A college director is subject to the direction and control of the council in the exercise of his or her powers as an employer for the purposes referred to in sub-section (3).

(5) A council may, by instrument under its common seal, delegate to the college director any power of the council under this section, other than this power of delegation.

34B. Minister may object to college director appointment

(1) Before appointing a person as a college director a council must notify the Minister in writing of the proposal to make the appointment.

(2) The Minister may, within 10 days after receiving that notification and after considering the council's proposal, give to the council notice in writing of his or her objection to the proposed appointment.


S. 34A(3) amended by No. 59/1996 s. 10(Sch. 2 item 24.1).


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(3) A council must not appoint a person as a college director if the Minister has objected to the appointment in accordance with sub-section (2).

34C. Schedule 2

(1) Schedule 2 applies to the employment of staff at a TAFE college or in the TAFE division of a university with a TAFE division.

(2) A council may determine terms and conditions of employment of persons employed under section 34A to the extent that those terms and conditions are not determined or agreed in accordance with Schedule 2.

(3) A provision determined under sub-section (2) is of no effect to the extent that it provides a term and condition of employment that is less favourable to an employee than a term or condition to which he or she was entitled under section 19, 20 or 21 of the Vocational Education and Training (College Employment) Act 1993.

35. College directors

A college director—

(a) is the chief executive officer of the council; and

(b) is responsible for the day to day administration and management of the college in accordance with any policies or directions of the council of the college and with the requirements of this Act;

(c) must satisfy the council that—

(i) funds are spent; and


s. 34C

S. 34C(1) amended by No. 62/1994 s. 23(4).

S. 35 amended by No. 14/1993 s. 11.

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43 M-23/9/97

(ii) staff are carrying out functions; and

(iii) the college is generally managed and administered—

in accordance with the requirements of this Act.

36. Immunity

(1) An action does not lie against a member of a council established by Order in Council under section 24 for anything done, or not done in good faith in the course of giving effect, or purporting to give effect to the provisions of this Part except section 26(2).

(2) An action which would lie against a member of a council except for sub-section (1) may be brought against the council.

37. Reserve powers do not apply to certain colleges

(1) The provisions of sections 23, 24, 28, 29, 30, 31(1)(f) and (g), 31(2) (to the extent that it relates to section 31(1)(f) and (g)), 33, 34 and 36 do not apply to The School of Mines and Industries Ballarat Limited or the council of that college.

* * * * *

_______________

s. 36

S. 37(1) amended by Nos 44/1992 s. 69(e), 45/1992 s. 65(d), substituted by No. 14/1993 s. 9.

S. 37(2) repealed by No. 62/1994 s. 75.

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PART 4—INDUSTRY TRAINING BOARDS

38. Establishment or declaration of industry training boards

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

(a) establish an industry training board; or

(b) declare any association incorporated under the Associations Incorporation Act 1981 or any company within the meaning of the Corporations Law to be an industry training board—

in respect of the industry specified in the Order.

(2) In determining whether to make a recommendation under sub-section (1) about the declaration of an association or a company the Minister must consult with the Board and consider—

(a) whether the functions, objects, purposes or powers of the association or company are similar to the functions set out in section 41 and the powers set out in section 42; and

(b) whether the membership of the governing body of the association or company includes persons with experience in the various aspects of the industry specified in the order including backgrounds as employers and as employees.

39. Orders establishing industry training boards

(1) An Order in Council under section 38(1)(a) may make provision for or with respect to the constitution, management structure, membership or objectives of a board or the manner of

s. 38

S. 38(1) amended by No. 62/1994 s. 27(1)(a).

S. 38(1)(b) amended by No. 62/1994 s. 82(b).

S. 38(2) amended by No. 62/1994 s. 27(1)(b).

S. 38(2)(b) substituted by No. 62/1994 s. 27(1)(c).

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45 M-23/9/97

appointment or the terms and conditions of appointment of members of a board.

(2) An industry training board established under section 38(1)(a)—




(d) is capable of acquiring, holding, dealing with or disposing of property for the purpose of performing its functions or exercising its powers; and

(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) The common seal of an industry training board established under section 38(1)(a) must be kept as directed by that board and must only be used as authorised by that board.

(4) All courts must take judicial notice of the imprint of the common seal on a document and, until the contrary is proved, must presume that the document was properly sealed.

40. Revocation of orders

(1) The Governor in Council may by Order published in the Government Gazette—

(a) abolish an industry training board established under section 38(1)(a); or

s. 40

S. 40(1) amended by No. 62/1994 s. 27(2).

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46 M-23/9/97

(b) revoke any declaration under section 38(1)(b) in respect of an industry training board; or

(c) make any provision for any matter consequential upon the making of an order under paragraph (a) or (b).

(2) Without limiting the generality of sub-section (1)(c) an Order abolishing a board may provide for the distribution of the assets of the abolished board to another board established under section 38(1)(a).

41. Functions of industry training boards

(1) The functions of an industry training board established under section 38(1)(a) are—

(a) within the national and state strategic framework, to prepare quality training plans detailing industry skill requirements, the quantity and types of training needed by industry and training arrangements;

(b) to promote training within the industry;

(c) to liaise with or participate on national industry training advisory bodies;

(d) to participate in accreditation and recognition processes.

(2) An Order in Council under section 38(1)(a) may confer any additional functions on the industry training board established by the Order.

(3) The Governor in Council may at any time by Order published in the Government Gazette confer any additional functions on an industry training board or amend any of the functions conferred on the board by Order in Council.

42. Powers of industry training boards

s. 41

S. 41(1) amended by No. 91/1991 s. 43(n), substituted by No. 62/1994 s. 28.

S. 41(3) amended by No. 62/1994 s. 27(2).

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47 M-23/9/97

An industry training board established under section 38(1)(a) has power to do everything that is necessary or convenient for it to do for or in connection with the performance of the functions including any function delegated to it.

43. Members

(1) An industry training board established under section 38(1)(a) consists of the number of members that is fixed by the Order in Council establishing the board.

(2) Members of a board established under section 38(1)(a) are to be appointed by the Governor in Council on the recommendation of the Minister.

(3) The Minister must, in recommending members for appointment to a board established under section 38(1)(a), endeavour to ensure that the board has a membership of persons with experience in the various aspects of the industry specified in the order including backgrounds as employers and employees.

44. Terms and conditions of office of members

(1) A member of a board established under section 38(1)(a) holds office for a term not exceeding 3 years and is eligible for re-appointment.

(2) The office of a member of a board established under section 38(1)(a) becomes vacant if—



(c) the member is absent from 3 consecutive meetings of the Board without the Chairperson's leave; or

s. 43

S. 43(2) amended by No. 62/1994 s. 27(3).


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48 M-23/9/97

(d) the member becomes a represented person within the meaning of the Guardianship and Administration Board Act 1986.

(3) A member of a board established under section 38(1)(a) must in the exercise of his or her functions—



(c) not make improper use of any information acquired as a member of an industry training board; and

(d) disclose any conflict of interest or duties to the industry training board.

(4) The Minister may at any time remove a member of an industry training board established under section 38(1)(a) from office.

44A. Proceedings of boards

(1) Subject to this Act and any Order in Council made under section 38(1)(a), a board established under section 38(1)(a) may regulate its own proceedings.

(2) A board may permit members to participate in a particular meeting or all meetings, by telephone, closed circuit television or other means of communication.

45. Immunity of board members from suit

(1) An action does not lie against a member of a board established under section 38(1)(a) for anything done, or not done, in good faith in the course of giving effect or purporting to give effect to this Act.

S. 44(4) amended by No. 62/1994 s. 27(5).


s. 44A

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49 M-23/9/97

(2) An action which would lie against a member of a board except for sub-section (1) may be brought against the board.

_______________

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50 M-23/9/97

PART 5—VOCATIONAL TRAINING

Division 1—Preliminary

* * * * *

47. Binding of Crown

This Part binds the Crown, not only in right of the State of Victoria but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.

48. Inconsistency of other enactments

Nothing in any other Act limits or affects the operation or effect of this Part and if any provision of that other Act is inconsistent with any provision of this Part, then the provision of this Part prevails.

Division 2—Declared Vocations

49. Declaration of vocations

(1) The Governor in Council may by Order published in the Government Gazette, on the recommendation of the Board, declare any vocation to be a declared vocation and specify whether the vocation is a trade or not.

(2) The Governor in Council may in any Order declaring a vocation or at any time in a subsequent Order, on the recommendation of the Board, declare any declared vocation to be excluded from the application of section 50 or 54.

S. 46 repealed by No. 62/1994 s. 31(2).

s. 47

S. 48 amended by No. 82/1994 s. 13(Sch. 2 item 10.2(a)(b)).

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51 M-23/9/97

* * * * *

50. Board's approval required to conduct training programs

A person must not in any TAFE institution or in any other place conduct any course of training in a declared vocation—

(a) in the case of a person conducting a course of training in a place (other than a TAFE institution established by or under an Act) without being registered under section 81; and

(b) without the approval of the Board.

Penalty:

(a) in the case of a natural person—40 penalty units;

(b) in the case of a body corporate—200 penalty units.

Division 3—Training Schemes

51. Training schemes4

(1) The Board may determine that a specified training scheme is an approved training scheme for a vocation.

(1A) Before making a determination under sub-section (1) to which Schedule 3 is relevant, the Board must have regard to the need for there to be

S. 49(3) repealed by No. 62/1994 s. 29(1).

s. 50

S. 50(c) substituted as s. 50 Penalty (a) by No. 62/1994 s. 69.

S. 50(d) substituted as s. 50 Penalty (b) by No. 62/1994 s. 69.

Pt 5 Div. 3 (Heading) substituted by No. 62/1994 s. 31(3).

S. 51 substituted by No. 62/1994 s. 30(1).

S. 51(1A) inserted by No. 106/1994 s. 6(1).

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52 M-23/9/97

adequate consultation on, and negotiation with respect to, the terms of the determination with—

(a) the employees in the relevant vocation; or

(b) if those employees so wish, any representative or committee of employees authorised by the employees to represent them.

(2) A determination may specify—

(a) the duration of an approved training scheme by reference to a fixed period or a maximum or minimum period; and

(b) the nature and syllabus of an approved training scheme and any course of study, instruction, practical or workplace training comprising the content of that scheme; and

(c) a requirement that any person undertaking the scheme must also undertake a placement under an agreement under Part 7, or a number of such placements; and

(d) the requirements as to age, education, experience or any other matter to be satisfied by a person wishing to undertake the scheme; and

(e) the standards of skill and knowledge required to adequately perform the activities or tasks of the vocation which are to be attained by a person undertaking the scheme; and

(f) the methods of assessing whether the required standards of skill and knowledge have been obtained in the scheme; and

(g) the credit to be given in the scheme for any qualifications, training or experience that a

s. 51

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53 M-23/9/97

person undertaking the scheme has prior to entry to the scheme; and

(h) any requirement for a specified person or class of persons to enter into a training agreement in connection with the scheme and the form and content of that agreement; and

(i) any requirement for a specified person or class of persons to enter into a contract of training as part of undertaking the scheme.

(3) A determination may be made so as to apply, adopt or incorporate any matter contained in any document issued or published by any person or body.

(4) The Board must cause a notice to be published in the Government Gazette of the making of a determination and setting out where details of the approved training scheme can be obtained.

52. Certificates for completion of approved training schemes

The Board may issue, or arrange for the issuing of certificates to people who have satisfactorily completed an approved training scheme, or part of an approved training scheme.

53. Certificates for people who have the skill in a vocation

(1) A person who has not completed an approved training scheme may apply to the Board for certification that the person has the skills, experience or qualifications to perform work in a vocation.

(2) If the Board is satisfied that an applicant has the skills, experience or qualifications to provide the person with the skills or expertise necessary for the performance of work ordinarily performed by people who have completed an approved training

S. 51(2)(h) amended by No. 106/1994 s. 6(2)(a)(b).

S. 52 amended by No. 62/1994 s. 31(4).

s. 52

S. 53(1) amended by No. 62/1994 s. 31(4).

S. 53(2) amended by No. 62/1994 s. 31(4).

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54 M-23/9/97

scheme, the Board may issue a certificate to that effect.

* * * * *

(4) This section only applies to a vocation which the Board determines is a vocation to which this section applies.

(5) The Board may at any time revoke a determination under sub-section (4).

53A. Schedule 3

(1) Schedule 3 has effect.

(2) A provision of a training agreement or of an employment agreement or of any other contract of employment to which a trainee within the meaning of Schedule 3 is a party is of no effect to the extent that it provides a term or condition of employment that is less favourable to the trainee than one applicable under Schedule 3.

(3) An employer must not enter into, or purport to enter into, a training agreement or an employment agreement or any other contract of employment with a trainee within the meaning of Schedule 3 that provides a term or condition of employment that is less favourable to the trainee than one applicable under clause 6(1) of Schedule 3.

Penalty: 100 penalty units.

* * * * *

(5) A training agreement or an employment agreement or any other contract of employment

S. 53(3) repealed by No. 62/1994 s. 73(2). S. 53(4) amended by No. 62/1994 s. 29(2).

S. 53(5) amended by No. 62/1994 s. 29(2).


s. 53A

S. 53A(4) repealed by No. 59/1996 s. 10(Sch. 2 item 24.2).

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55 M-23/9/97

entered into by an employer in contravention of sub-section (3) is not, for that reason only, illegal, void or unenforceable.

Division 4—Contracts and Training Agreements

54. Employment under a contract of training

(1) A person must not employ a person below the age of 21 years in a declared vocation without a contract of training.

Penalty:

(a) if the offender is a natural person—10 penalty units;

(b) if the offender is a body corporate—50 penalty units.

(2) Sub-section (1) does not apply—

(a) if the Board has approved that employment without the necessity for a contract of training;

(b) to any declared vocation which is excluded from its application by Order under section 49; or

(c) if the employee holds or is entitled to hold a certificate issued by the Board under section 52 that the employee has satisfactorily completed a training scheme for that vocation or a certificate issued by the Board under section 53 for that vocation; or

(d) if the employee holds a licence or certificate of registration under any other Act which entitles the employee to work in that vocation; or

Pt 5 Div. 4 (Heading) amended by No. 106/1994 s. 8(1).

s. 54

S. 54(2)(c) amended by No. 62/1994 s. 31(4).

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56 M-23/9/97

(e) the employee was employed by that employer in that vocation immediately before the vocation was declared to be a declared vocation.

(3) If a person is required to be employed under a contract of training under this section and a contract is not lodged within 30 days after the person commences employment, the Board may execute a contract on behalf of all or any of the parties and on that execution the parties shall be deemed to have made the contract accordingly.

(4) If—

(a) a person is required to be employed under a contract of training under this section; and

(b) the person is dismissed before a contract of training was executed under sub-section (3) or section 59(5)—

the Board may declare, by notice in writing to that person and the employer, that the person is deemed to have been employed under a contract of training from the date the employment commenced.

(5) If a person is required to be employed under a contract of training under this section, the date the contract takes effect shall be deemed to be the date the person commenced that employment whether the contract is executed under sub-section (3) or under section 59(5).

55. Contracts of training need approval of Board

(1) An employer must not employ a person in a vocation under a contract of training or training agreement without the approval of the Board.

Penalty:

s. 55

S. 55(1) amended by No. 106/1994 s. 8(2).

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57 M-23/9/97

(a) if the offender is a natural person—10 penalty units;

(b) if the offender is a body corporate—50 penalty units.

(2) In determining whether to approve the employment of a person under a contract of training or training agreement the Board must have regard to the employer's ability to comply with the contract or agreement and without limiting the generality of the foregoing to all or any of the following matters—

(a) the premises in which the person is to be employed;

(b) the equipment and methods to be used in training;

(c) whether any person whom the employer uses or proposes to use for the purpose of supervising the training of an employee under a contract of training or training agreement—

(i) has the appropriate qualifications, knowledge and skills for that purpose; and

(ii) is otherwise a fit and proper person for that purpose;

(d) whether the employer is a fit and proper person for employing a trainee;

(e) any ratio of supervisors to trainees applicable to the vocation or that employer declared under section 56.

(3) An approval under sub-section (1) may be given subject to conditions—

S. 55(2) amended by No. 106/1994 s. 8(3)(a)(b).

S. 55(2)(c) amended by No. 106/1994 s. 8(3)(a).

s. 55

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58 M-23/9/97

(a) limiting the number of trainees that the employer may have in the employer's employment at any one time; and

(b) as to any other matters that the Board thinks fit—

and may be revoked for breach of a condition.

(4) An approval under sub-section (1) may be revoked at any time by the Board.

56. Ratio of supervisors and trainees

(1) The Board may issue guidelines about or determine the ratio between the number of people employed under contracts of training and the number of people who are to supervise their work.

(2) A determination under sub-section (1) may apply generally to a declared vocation or to a particular employer.

57. Employer's obligations under a contract of training

(1) An employer who employs a person under a contract of training or training agreement—

(a) must train that person in accordance with the approved training scheme; and

(b) must allow that person to comply with an approved training scheme without hindrance if that scheme or any part of that scheme is conducted during normal working hours.

Penalty:

(c) if the offender is a natural person—10 penalty units;

(d) if the offender is a body corporate—50 penalty units.

s. 56

S. 56(1) amended by No. 62/1994 s. 29(3).

S. 57(1) amended by No. 106/1994 s. 8(4).

S. 57(1)(a) amended by No. 62/1994 s. 31(5).

S. 57(1)(b) amended by No. 62/1994 s. 31(5).

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59 M-23/9/97

(2) If a trainee under a contract of training or training agreement attends a vocational education and training course under an approved training scheme during normal working hours, that attendance shall be deemed to be attendance at work for the purposes of any employment agreement or any other contract of employment.

* * * * *

58. Trainee's obligations under a contract of training

A trainee's obligations under a contract of training or training agreement include the obligation to comply with the requirements of an approved training scheme for the vocation the trainee is being trained in.

59. General provisions about contracts of training

(1) A contract of training or training agreement must be in the form and contain the particulars approved by the Board.

(2) The parties to a contract of training or training agreement are the employer, the trainee and if the trainee is under the age of 18 years, the parent or guardian of the trainee.

(2A) If a trainee has no parent or guardian or no parent or guardian resident in Victoria and capable of acting, the Board may approve any person to act instead of the parent or guardian.

(3) If a trainee is under the age of 18 years and the Board is satisfied that it is in the interests of the employer and trainee, the Board may consent to the contract or agreement being executed by the employer and trainee only.

S. 57(2) substituted by No. 62/1994 s. 32, amended by Nos 106/1994 s. 8(4), 82/1994 s. 139(Sch. 2 item 10.3), 59/1996 s. 10(Sch. 2 item 24.3). S. 57(3) repealed by No. 62/1994 s. 32.

S. 58 amended by Nos 62/1994 s. 31(5), 106/1994 s. 8(4).

s. 58

S. 59(1) amended by No. 106/1994 s. 8(5).

S. 59(2) amended by No. 106/1994 s. 8(6).

S. 59(2A) inserted by No. 62/1994 s. 31(6).

S. 59(3) amended by No. 106/1994 s. 8(7).

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60 M-23/9/97

(4) The Board must endorse its consent under sub-section (3) on the original contract or agreement held by the Board and the endorsement has the effect of dispensing with the necessity of there being a parent or guardian as a party to the contract or agreement.

(5) The employer must arrange for—

(a) the contract or agreement to be executed by the parties and lodged with the Board or an approved training agent referred to in section 20B within 14 days after the trainee commences employment; and

(b) within 14 days of the date of the contract or agreement, a copy of the contract or agreement to be given to the trainee—

and must retain a copy of the contract or agreement.

Penalty applying to this sub-section:

(c) in the case of a natural person—1 penalty unit; and

(d) in the case of a body corporate—5 penalty units.

60. Term of a contract of training

(1) The Board may determine the term or terms or fix minimum or maximum terms of contracts of training or training agreements for any vocation or for any particular contract of training or training agreement.

(2) If the Board is satisfied that a trainee has the knowledge and skills required under a contract or

S. 59(4) amended by No. 106/1994 s. 8(7).

S. 59(5) amended by No. 106/1994 s. 8(7).

S. 59(5)(a) amended by Nos 106/1994 s. 8(7), 85/1995 s. 4.

S. 59(5)(b) amended by No. 106/1994 s. 8(7).

s. 60



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agreement of training or training agreement, it may reduce the term of the contract or agreement.

(3) If the Board is satisfied that a trainee does not have the knowledge and skills required under a contract or agreement of training or training agreement it may extend the term of the contract or agreement.

(4) The powers of the Board under this section are in addition to any other powers of the Board under this Part.

61. Termination of contract during probationary period

(1) An employer or trainee who is a party to a contract of training may—

(a) in the case of an apprentice, within 3 months after the apprentice commences work under the contract; or

(b) in any other case, within 1 month or any other period prescribed after the trainee commences work under the contract—

terminate the contract by giving notice in accordance with the relevant employment agreement.

(2) The Board may approve the extension of the period referred to in sub-section (1)(a) to 6 months on the application of an employer or apprentice.

(3) If a contract of training is terminated under this section, the employer must, within 7 days of the termination, notify the Board in writing of the termination.

Penalty:


S. 61(1) amended by No. 82/1994 s. 13(Sch. 2 item 10.4).

s. 61

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62 M-23/9/97

(a) in the case of a natural person—1 penalty unit;


62. Cancellation, suspension or variation of a contract generally

(1) The parties to a contract of training may by mutual consent—

(a) cancel the contract; or

(b) suspend the contract; or

(c) with the approval of the Board, vary the provisions of the contract.

(2) The Board may at any time order the cancellation or suspension of a contract of training if it is of the opinion that special circumstances make the cancellation or suspension desirable.

63. Cancellation, suspension or variation of a contract if insufficient employment available

(1) If an employer is temporarily unable to provide sufficient work to keep a trainee fully employed under a contract of training during any ordinary working week or month, the employer may, with the consent of the Board—

(a) reduce the time of the employment of the trainee in the week or month by the time the Board determines; and

(b) reduce the wages of the trainee in proportion to the reduction of the time of his or her employment in the week or month.

(2) If an employer cannot provide sufficient employment for a trainee employed by the employer under a contract of training because of

s. 62

S. 62(1) amended by No. 85/1995 s. 5(a).

S. 62(1)(c) amended by No. 85/1995 s. 5(b).

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lack of business or financial difficulties the Board may, on the application of the employer—

(a) order the suspension of the contract of training for any period that the Board thinks fit; or

(b) order the cancellation of the contract of training.

(3) The Board must not make an order unless it is satisfied after due inquiry that the circumstances warrant the making of an order.

(4) This section does not apply to require the consent of the Board to the standing down of a trainee under a provision of the contract of training for the standing-down of trainees who cannot be usefully employed because of any strike, breakdown of machinery or any stoppage of work for any cause for which the employer cannot reasonably be held responsible or the deduction of payment for any part of a day during which a trainee is so stood-down.

64. Board to determine grievances in certain circumstances

(1) The Board may determine any questions or difference arising between an employer and a trainee about—

(a) the contract of training or training agreement or anything contained in the contract or agreement; or

(b) the construction or operation of the contract or agreement; or

(c) the rights, duties and liabilities of the employer or trainee under the contract or agreement; or

S. 63(4) inserted by No. 62/1994 s. 33, amended by No. 59/1996 s. 10(Sch. 2 item 24.4).

s. 64

S. 64(1)(a) amended by No. 62/1994 s. 34(1)(a)(b).

S. 64(1)(b) amended by No. 62/1994 s. 34(1)(b).

S. 64(1)(c) amended by No. 62/1994 s. 34(1)(b)(c).

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(d) the dismissal or threatened dismissal of a trainee, if the trainee believes that the dismissal or threatened dismissal is harsh, unjust or unreasonable—

except a question or difference about whether money is or is not due by an employer to the trainee.

* * * * *

(3) The Board must inquire into any matter referred to it under this section and it may—

(a) cancel or suspend the contract of training or training agreement; and

(b) if it decides that any provision of the contract or agreement of training or training agreement was broken by the trainee, order that the contract or agreement be cancelled or that the trainee perform his or her duties under the contract or agreement with or without forfeiture of so much of his or her wages as it determines or order that the contract or agreement be suspended for any period that it determines; or

(c) if it decides that any provision of the contract or agreement of training or training agreement was broken by the employer, order that the employer perform his or her duties under the contract or agreement or order that the contract or agreement be cancelled and may also order that the employer may not enter into a contract or agreement of training or training agreement

S. 64(1)(d) inserted by No. 62/1994 s. 34(1)(c).

s. 64

S. 64(2) repealed by No. 83/1992 s. 184(Sch. 6 item 22.2).

S. 64(3)(a) amended by No. 62/1994 s. 34(2)(a).

S. 64(3)(b) amended by No. 62/1994 s. 34(2)(a)(b).

S. 64(3)(c) amended by No. 62/1994 s. 34(2)(a)(b).

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65 M-23/9/97

with another trainee for any period that it determines; and

(ca) if it is satisfied that the dismissal, or threatened dismissal, of the trainee is harsh, unjust or unreasonable, order the employer—

(i) to re-employee the trainee in his or her former position on terms that are not less favourable to the trainee than if the trainee had not been dismissed; or

(ii) not to dismiss the trainee; and

(d) make any other order it thinks fit; and

(e) make any consequential orders that it thinks fit.

(4) A party to a proceeding before the Board under this section is not entitled to be represented by a current practitioner or registered interstate practitioner within the meaning of the Legal Practice Act 1996 unless all the parties to the proceeding agree.

(5) A person must not contravene any order given by the Board under this section.

Penalty applying to this sub-section: 5 penalty units.

(6) A decision of the Board under this section is final.

* * * * *

66. Associations of employers may employ trainees

S. 64(3)(ca) inserted by No. 62/1994 s. 34(2)(c).

s. 64

S. 64(4) amended by No. 35/1996 s. 453(Sch. 1 item 88).

S. 65 repealed by No. 83/1992 s. 184(Sch. 6 item 22.3).

s. 66

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(1) An association of employers may enter into a contract of training in a declared vocation with a person.

(2) The members of an association of employers which is not a body corporate must appoint one of their members who—

(a) is to be treated as the employer of the trainee for the purposes of this Act; and

(b) must execute the contract of training on behalf of the association; and

(c) is responsible for complying with this Act and the regulations; and

(d) is liable for any breach of this Act or the regulations.

67. Transfer of contract on dissolution of partnership or transmission of a business

(1) If a person has entered into a contract of training with partners, the contract is not determined by reason only of the death or retirement of any partner, but is to be treated as being assigned to the surviving or continuing partner or partners.

(2) Upon the transmission of the business or any part of the business of an employer, the contract of training of any trainee in any vocation which may form part of the business transmitted is to be treated as being assigned to the person to whom the business is being transmitted.

(3) In this section "transmission" includes transfer, conveyance, assignment or succession whether by agreement or by operation of law.

68. Prohibition on premiums

s. 68

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(1) A person must not whether directly or indirectly demand or receive any premium, fee, gift or reward for—

(a) employing a trainee under a contract of training in a declared vocation; or

(b) inducing or attempting to induce any other person to employ a trainee under a contract of training in a declared vocation.


(2) A person who pays or gives any such premium, fee, gift or reward may recover it in any court of competent jurisdiction from the person who received it.

Division 5—Miscellaneous

69. Register of trainees

The Board must establish and maintain a register of trainees who have entered into—

(a) contracts of training; or

(b) training agreements pursuant to a training scheme approved by the Board under section 51—

which have been notified to the Board.

70. Travel subsidies

(1) 5The Board may cause to be paid to any trainee a subsidy towards the cost of travelling, accommodation and meals if he or she is required under an approved training scheme to attend a course of instruction at a place remote from the trainee's home or work.

(2) In this section "trainee" means—

S. 69(b) amended by No. 62/1994 s. 31(7).

S. 70(1) amended by No. 62/1994 ss 31(7), 77(2).

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(a) a trainee under a contract of training in a declared vocation; or

(b) a trainee engaged in an approved training scheme which is endorsed by the Minister to be a scheme to which this section applies.

71. Review of decisions by training agents

(1) A person who—

(a) is or was a party to a contract of training or a training agreement; or

(b) has completed an approved training scheme; or

(c) has made an application under section 53—

and is aggrieved by any decision relating to that contract, agreement, training scheme or application by an approved training agent acting as a delegate of the Board under section 20B may apply to the Board for a review of that decision within 14 days after the person is notified of that decision by the approved training agent or within such longer time as the Board allows.

(2) The Board may exercise all the powers and discretions that it would have had in determining the matter under review and may in writing—

(a) affirm the decision under review; or

(b) vary the decision under review; or

(c) set aside the decision under review and—

(i) make a decision in substitution for the decision set aside; or

(ii) remit the matter for reconsideration by the approved training agent in

S. 70(2)(a) amended by No. 62/1994 s. 82(c).

S. 70(2)(b) amended by No. 62/1994 s. 31(8).

S. 71 repealed by No. 62/1994 s. 71(2), new s. 71 inserted by No. 85/1995 s. 6.

s. 71

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accordance with any directions or recommendations of the Board.

* * * * *

_______________

S. 72 amended by No. 62/1994 s. 79, repealed by No. 85/1995 s. 7.

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PART 6—ACCREDITATION OF AND APPROVAL TO DELIVER COURSES

Division 1—Preliminary

73. Definitions

In this Part—

* * * * *

"course of study" means a vocational education and training course or an accredited further education course—

(a) upon which funds supplied by the Government of Victoria or the Government of the Commonwealth are spent; or

(b) which is a statewide course;

"statewide course" means a vocational education and training course or an accredited further education course which leads to a qualification which the Board recognises as a statewide qualification.

* * * * *

s. 73

S. 73 def. of "accredita-tion" repealed by No. 62/1994 s. 45(2)(a). S. 73 def. of "course of study" amended by No. 62/1994 s. 45(2)(b).

S. 73 def. of "statewide course" amended by No. 62/1994 s. 45(2)(c).

S. 73 def. of "State Register of Accredited Courses" substituted by No. 18/1993 s. 31(2)(a), repealed by No. 62/1994 s. 45(2)(a).

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Division 2—Accreditation of courses

73A. Accreditation of courses

A vocational education and training course may be accredited or noted as being a training program which is equivalent to the whole or part of an accredited course under this Part if—

(a) the contents and standards of the course are appropriate to the qualification (if any) to which it leads; and

(b) the course and the methods adopted in delivering it are likely to achieve the purposes of the course; and

(c) the contents and standards of the course and the methods adopted in delivering it are consistent with relevant national standards about the principles, processes or other matters to be applied in accrediting or noting the course.

74. Investigation of courses by Board

(1) The Board may investigate any vocational education and training course to determine whether—

(a) it should be registered as accredited; or

(b) 6it should be noted on the State Register of Accredited Courses as a training program—

(i) that is part of an accredited course or is recognised as equivalent to the whole or part of an accredited course; and

(ii) in respect of which there is no provision for a person who completes the program to receive a qualification.


s. 73A

S. 74(1)(b) amended by No. 62/1994 s. 47(1).

S. 74(1)(b)(i) inserted by No. 62/1994 s. 47(1).

S. 74(1)(b)(ii) inserted by No. 62/1994 s. 47(1).

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(2) The Board may, on the application of a person or body that has applied for registration or is registered under section 81, investigate a vocational education and training course to determine whether—

(a) it should be registered as accredited; or

(b) 7it should be noted on the State Register of Accredited Courses as a training program—



(3) The Board may investigate any vocational education and training course which is registered as accredited to determine whether—

(a) it should continue to be registered as accredited; or

(b) 8it should continue to be noted on the State Register of Accredited Courses as a training program—



(4) If the Board investigates a vocational education and training course pursuant to sub-section (1)(a), (2)(a) or (3)(a) it must prepare a written report on the content and educational standard of the course.

S. 74(2)(b) amended by No. 62/1994 s. 47(1).



S. 74(3)(b) amended by No. 62/1994 s. 47(1).


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(5) The Board may charge a reasonable fee for an investigation under sub-section (1) or (2).

(6) Any fee charged under sub-section (5) is payable by the TAFE college or TAFE institution which offers or proposes to introduce the course which is investigated or the applicant (as the case requires).

75. Vocational Education and Training Accreditation Board

(1) The Governor in Council may, on the recommendation of the Minister, by Order published in the Government Gazette, establish a board to be called the Vocational Education and Training Accreditation Board.

(2) The functions of the Accreditation Board are—

(a) to review the accreditation of courses in vocational education and training or further education; and

(b) to report and make recommendations to the Board in relation to vocational education and training and to the Adult, Community and Further Education Board in relation to further education on—

(i) accreditation policy;

(ii) course development so far as it relates to accreditation;

(iii) administrative and organisational arrangements in relation to accreditation;

(iv) accreditation standards;

(v) measures to promote course quality and linkages between courses; and

s. 75

S. 75(1) amended by No. 62/1994 s. 48(1).

S. 75(2)(a) amended by No. 18/1993 s. 30(a).

S. 75(2)(b) amended by No. 18/1993 s. 30(b).

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(vi) measures to promote co-ordination and linkages with courses offered by other sectors of education and by industry; and

(vii) the co-ordination of Victorian accreditation standards and processes with the accreditation standards and processes of the Commonwealth or any other State or Territory of the Commonwealth; and

(c) to monitor the accreditation procedures of industry training accreditation boards and other persons and bodies exercising accreditation functions under this Act and the Adult, Community and Further Education Act 1991 and to advise the Board and the Adult, Community and Further Education Board on the co-ordination of those procedures and the maintenance of accreditation standards; and

(d) to exercise any of the Board's powers under section 74 that are delegated to it under this section; and

(e) to exercise any of the powers of the Adult, Community and Further Education Board that are delegated to the Accreditation Board under section 27 of the Adult, Community and Further Education Act 1991.

(3) The Accreditation Board shall consist of not less than 10 and not more than 15 members appointed by the Governor in Council on the recommendation of the Minister.

(4) One member must be appointed as Chairperson.

S. 75(2)(b)(vii) inserted by No. 62/1994 s. 48(2).

S. 75(2)(c) amended by No. 18/1993 s. 30(c)(i)(ii).

s. 75

S. 75(2)(d) amended by No. 18/1993 ss 30(d), 31(2)(b).

S. 75(2)(e) inserted by No. 18/1993 s. 30(d).

S. 75(3) amended by No. 62/1994 s. 48(1).

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(5) When recommending members of the Accreditation Board, the Minister must endeavour to ensure that the membership of the Board has appropriate expertise in vocational education and training and further education and reflects the range of interests in vocational education and training and further education.

(6) The Governor in Council may in any Order made under sub-section (1)—

(a) make any provision the Governor in Council thinks fit with respect to—

(i) the terms and conditions of appointment of the members of the Accreditation Board; and

(ii) the procedure of the Accreditation Board; and

(b) may impose any duties the Governor in Council thinks fit on the Accreditation Board.

(7) The Board may permit members to participate in a particular meeting, or all meetings, by telephone, closed circuit television or other means of communication.

76. Industry training accreditation boards

(1) The Governor in Council may, on the recommendation of the Minister, from time to time, by Order, establish industry training accreditation boards.

(2) The functions of an industry training accreditation board are—

(a) to provide advice to the Board about accreditation of vocational education and training courses relevant to the industry for

S. 75(5) amended by No. 18/1993 s. 30(e), substituted by No. 62/1994 s. 48(3).

S. 75(7) amended by No. 18/1993 s. 31(2)(b), substituted by No. 62/1994 s. 40.

s. 76

S. 76(1) amended by No. 62/1994 s. 49(a).

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which the accreditation board is established; and

(b) to exercise any of the Board's powers under section 74 that are delegated to it under this section; and

(c) to exercise any of the powers of the Adult, Community and Further Education Board that are delegated to it under section 27 of the Adult, Community and Further Education Act 1991.

(3) When recommending members of an accreditation board, the Minister must, so far as the Minister is able, ensure that the accreditation board—

(a) includes members with knowledge, backgrounds or experience in vocational education and training or any other sector of education relevant to the accreditation board; and

(b) includes members with knowledge, backgrounds or experience in unions and employer groups involved in industry relevant to the accreditation board.

* * * * *

(5) A member of an accreditation board holds office for the term not exceeding 3 years that is specified in the instrument of appointment.

(6) The Governor in Council may in any Order made under sub-section (1) make any provision with respect to the functions and powers and terms and conditions of appointment of the members of the board and the procedure of the board as the Governor in Council thinks appropriate.

S. 76(2)(b) amended by No. 18/1993 ss 30(f), 31(2)(b).

S. 76(2)(c) inserted by No. 18/1993 s. 30(f).

S. 76(3) amended by No. 62/1994 s. 49(b).

S. 76(3)(b) amended by No. 62/1994 s. 49(c).

s. 76

S. 76(4) repealed by No. 62/1994 s. 29(1).

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(7) A board may permit members to participate in a particular meeting, or all meetings, by telephone, closed circuit television or other means of communication.

77. Declaration of certain colleges to be qualified to recommend accreditation of their own courses

(1) The Board may, either generally or in relation to a specified class of vocational education and training courses, declare that a TAFE college or TAFE institution is qualified to recommend to the Board that any vocational education and training course or any course within that class of courses should be registered as accredited.

(2) The Board must not make a declaration unless it is satisfied that the accreditation procedures of the TAFE college or TAFE institution are of a sufficiently high standard and that the educational standing of the college or institution is sufficiently high.

(3) The Board must not make a declaration about a vocational education and training course which the Board has certified to be a statewide course.

(4) The Board may from time to time vary or revoke a declaration made by it under sub-section (1).

78. Recommendations for accreditation of courses

(1) A TAFE college or TAFE institution in respect of which a declaration under section 77 is in force may advise the Board that—

(a) if the declaration is general, any vocational education and training course at that college or that institution which is not a statewide course; or

S. 76(7) amended by No. 18/1993 s. 31(2)(b), substituted by No. 62/1994 s. 41.

s. 77

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(b) if the declaration relates to a specified class of courses, a course which belongs to that class and is not a statewide course—

should be registered as accredited on the State Register of Accredited Courses or struck off the Register.

* * * * *

78A. State Register of Accredited Courses9

(1) The Board must maintain a State Register of Accredited Courses.

(2) If—

(a) the Board or a delegate of the Board determines that a course should be registered as accredited or noted on the State Register of Accredited Courses as being equivalent to the whole or part of an accredited course; or

(b) the Board receives advice from a TAFE college or TAFE institution under section 77(1) that a course should be registered as accredited; or

(c) the Board receives advice from the Adult, Community and Further Education Board under section 13A of the Adult, Community and Further Education Act 1991 or a delegate of that Board that a further education course should be registered as accredited or noted on the State Register of Accredited Courses as being equivalent to the whole or part of an accredited course—

the Board must register the course as accredited on the State Register of Accredited Courses or

S. 78(2)(3) repealed by No. 18/1993 s. 31(2)(c).

S. 78A inserted by No. 18/1993 s. 31(1).

s. 78A

S. 78A(2)(c) amended by No. 62/1994 s. 50(1).

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note on the Register that the course is equivalent to the whole or part of an accredited course.

(3) If—

(a) the Board or a delegate of the Board determines that a course should be struck off the Register; or

(b) the Board receives advice from a TAFE college or TAFE institution under section 77(1) that a course should be struck off the Register; or

(c) the Board receives advice from the Adult, Community and Further Education Board under section 13A of the Adult, Community and Further Education Act 1991 or a delegate of that Board that a further education course should be struck off the Register; or

(d) the Board or a delegate of the Board determines that a course should not be noted as a training program which is equivalent to the whole or part of an accredited course—

the Board must strike the course off the Register or remove any note on the Register that the course is the equivalent to the whole or a part of an accredited course.

(4) The Board may do any of the things referred to in sub-sections (2) and (3) in relation to a course whether or not the course has been investigated under section 74.

s. 78A

S. 78A(3)(d) inserted by No. 62/1994 s. 50(2).

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80 M-23/9/97

Division 3—Approval for delivery of courses

79. TAFE colleges and institutions need authority to conduct a course

(1) The council of a TAFE college or the governing body of a TAFE institution must not spend funds supplied by the Government of Victoria or the Government of the Commonwealth on a course of study unless the Board has granted the council or body authority to conduct the course.

(2) The council of a TAFE college or governing body of a TAFE institution seeking authority to conduct a course of study must apply to the Board in writing for authority.

(3) The Board may grant or refuse to grant any authority to conduct a course of study.

(4) The Board must not grant authority to conduct a statewide course unless the course is registered in the State Register of Accredited Courses.

(5) The Board may declare that any authority to conduct a course of study is revoked.

(6) If the Board declares an authority revoked under sub-section (5), the council of the TAFE college or the governing body of the TAFE institution must as soon as practicable or from any date specified in the declaration stop offering the course of study for which the authority has been revoked.

80. Offences by unregistered persons

(1) A person or body must not use the name or title of "registered provider" or any other name, title, letters or description implying or that may reasonably be understood to imply that the person or body is registered to provide courses under section 81 or section 13D of the Adult,

s. 79

S. 80(1) amended by No. 62/1994 s. 51(1)(a).

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81 M-23/9/97

Community and Further Education Act 1991 unless the person or body—

(a) is registered under section 81; or

(ab) is registered under section 13D of the Adult, Community and Further Education Act 1991; or

(b) is an institution specified in Schedule 1 or 2 to the Tertiary Education Act 1993; or

(c) is a TAFE college; or

* * * * *

(e) is the Council of Adult Education.

(2) A person or body must not use any name, title, letters or description implying that the person or body is registered to provide courses under section 81 or section 13D of the Adult, Community and Further Education Act 1991 in particular circumstances unless the person or body—

(a) is registered under section 81 to provide courses in those circumstances; or

(ab) is registered under section 13D of the Adult, Community and Further Education Act 1991 to provide courses in those circumstances; or


S. 80(1)(b) amended by No. 18/1993 s. 32(a) (as amended by No. 59/1994 s. 10).

S. 80(1)(d) amended by No. 52/1992 s. 19, repealed by No. 9/1997 s. 14(1).

S. 80(2) amended by No. 62/1994 s. 51(2)(a).


s. 80

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(b) is an institution specified in Schedule 1 or 2 to the Tertiary Education Act 1993; or

(c) is a TAFE college; or

* * * * *

(e) is the Council of Adult Education.

Penalty:



81. Registration of non-college providers of vocational education and training

(1) Any person or body that provides or proposes to provide any vocational education or training course or any person or body that is not a community based provider that provides or proposes to provide an accredited further education course may apply to the Board for registration.

(2) A registration may be limited or restricted by reference to—

(a) the course or class of courses determined by the Board; or

(b) the vocation or class of vocations determined by the Board; or

S. 80(2)(b) amended by No. 18/1993 s. 32(a) (as amended by No. 59/1994 s. 10).

S. 80(2)(d) amended by No. 52/1992 s. 19, repealed by No. 9/1997 s. 14(1).

S. 80(2) Penalty (a) substituted by No. 62/1994 s. 70.

S. 80(2) Penalty (b) substituted by No. 62/1994 s. 70.

s. 81

S. 81(1) amended by No. 62/1994 s. 52(a).

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(c) any other circumstances determined by the Board.

(3) In determining whether to register a person or body the Board may have regard to government policies and priorities, any recommendation of any relevant industry training board, any national standard relating to the recognition of providers and to all or any of the following matters in relation to the person, body or course—

(a) financial resources and planning;

(b) marketing and promotion materials;

(c) the use of agents;

(d) student selection procedures;

(e) the number of students;

(f) class sizes;

(g) student contact hours;

(h) curriculum;

(i) premises, equipment, materials and resources;

(j) course nomenclature;

(k) qualifications and experience of staff;

(l) contracts with respect to students;

(m) student grievance procedures;

(n) arrival and attendance monitoring of students;

(o) previous experience in providing vocational education and training courses;

* * * * *

S. 81(3) amended by No. 62/1994 s. 52(b).

s. 81

S. 81(3)(p) repealed by No. 62/1994 s. 52(c).

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84 M-23/9/97

* * * * *

(r) The demand for skills provided by the course;

(s) The cost of the course;

(t) The ability of the person or body to comply with and the person's or body's record of compliance with any guidelines issued by the Board about any of the matters mentioned in this section.

(4) The Board may from time to time issue guidelines about the matters referred to in sub-section (3).

(5) A registration remains in force for a period specified by the Board not exceeding 3 years unless sooner suspended or cancelled.

(6) The Board may suspend or cancel a registration.

(7) In determining whether to suspend or cancel a registration the Board may have regard to all or any of the matters mentioned in sub-section (3).

(8) A person may apply to the Administrative Appeals Tribunal for a review of a decision of the Board not to register a person or body or to suspend or cancel a registration under this section.

(9) The Board may charge a reasonable fee for an application under sub-section (1).

82. Offences

A person or body must not in relation to a course provided by the person or body use the name or title of "government accredited" or any other name, title, letters or description implying or that may reasonably be understood to imply that the course is registered as accredited under section 78A unless—

S. 81(3)(q) repealed by No. 62/1994 s. 52(c).

S. 81(7) amended by No. 85/1995 s. 10(b).

S. 82 amended by No. 18/1993 s. 32(b)(i) (as amended by No. 59/1994 s. 10).

s. 82

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(a) the person or body is an institution specified in Schedule 1 or 2 to the Tertiary Education Act 1993; or

(b) the person or body is a TAFE college; or

* * * * *

(d) the person or body is the Council of Adult Education; or

(e) the person or body has approval to provide the course under section 83; or

(f) the person or body has approval to provide the course under section 13E of the Adult, Community and Further Education Act 1991.

Penalty:



83. Approval to deliver accredited courses

The Board may approve any person or body that is registered under section 81 to provide a vocational education and training course or further education course that is registered as accredited under section 78A.

S. 82(a) amended by No. 18/1993 s. 32(b)(ii) (as amended by No. 59/1994 s. 10).

S. 82(c) amended by No. 52/1992 s. 19, repealed by No. 9/1997 s. 13(2).

S. 82(e) amended by No. 62/1994 s. 53.

S. 82(f) inserted by No. 62/1994 s. 53.

S. 82 Penalty (a) substituted by No. 62/1994 s. 70.

S. 82 Penalty (b) substituted by No. 62/1994 s. 70.

S. 83 amended by Nos 18/1993 s. 32(c) (as amended by No. 59/1994 s. 10), 62/1994 s. 54.

s. 83

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84. Register of providers

The Board must establish and maintain a register of providers of vocational education and training or further education registered under section 81 specifying—

(a) the name of the registered person or body; and

(b) any limitations or restrictions on the registration.

Division 4—Overseas Students

85. Endorsement of courses for overseas students

(1) The Board may endorse any course offered by any education institution, as suitable for students from overseas.

(2) The council or proprietor or other person representing an education institution referred to in sub-section (1) may apply in writing to the Board for endorsement of the course under sub-section (1).

(3) In deciding whether to endorse a course the Board may have regard to all or any of the following matters in relation to the institution offering the course—

(a) financial planning;

(b) marketing and promotion materials;

(c) the use of agents;

(d) student selection procedures;

(e) the number of students;

(f) class sizes;

(g) student contact hours;

(h) curriculum;

S. 84 amended by No. 62/1994 s. 55.

s. 85

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(i) premises, equipment, materials and resources;

(j) course nomenclature;

(k) qualifications and experience of staff;

(l) contracts with respect to students;

(m) student grievance procedures;

(n) welfare services for students;

(o) student housing and accommodation;

(p) arrival and attendance monitoring of students;

(pa) The ability of the institution to comply with and the institution's record of compliance with any Act of the Commonwealth or a State or Territory of the Commonwealth relating to education services for overseas students;

(q) Any other matter relating to the management or operation of the institution.

(4) The Board may from time to time issue guidelines dealing with all or any of the matters referred to in sub-section (3).

(5) An endorsement under this section remains in force for three years from the date of endorsement unless sooner suspended or cancelled.

(6) If the Board is satisfied that a course of study endorsed under sub-section (1) is no longer suitable to be endorsed the Board may suspend or cancel the endorsement.

(7) A person may apply to the Administrative Appeals Tribunal for a review of a decision of the Board not to endorse a course of study or to cancel or suspend the endorsement of a course of study under this section.

S. 85(3)(pa) inserted by No. 62/1994 s. 80(1).

s. 85

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(8) The Board must notify the Secretary referred to in the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991 of the Commonwealth as soon as practicable of an endorsement under sub-section (1) or a cancellation or suspension under sub-section (6) or a decision of the Administrative Appeals Tribunal pursuant to an application under sub-section (7).

(9) The Board may charge a reasonable fee for an application under sub-section (2).

(10) In this section—

"course" does not include any course—

(a) provided by a school endorsed under section 65(1) of the Education Act 1958; or

(b) endorsed under section 6 of the Tertiary Education Act 1993;

"education institution" includes any organisation or body which is established for private or commercial purposes providing or offering any course.

Division 5—Defence Force training

85A. Defence Force training

(1) The Board may determine that any course including an apprenticeship course or other training scheme conducted in the Defence Force is such that a person—

(a) who satisfactorily completes the course; and


S. 85(10) def. of "course" amended by No. 18/1993 s. 32(d) (as amended by No. 59/1994 s. 10).

Pt 6 Div. 5 (Heading and ss 85A, 85B) inserted by No. 62/1994 s. 43.


s. 85A

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(b) who complies with any further conditions as to experience or otherwise determined by the Board—

is to be taken to have completed a course, part of a course, an approved training scheme or a part of an approved training scheme, as specified in the determination.

(2) The Board may confer with members or representatives of the Defence Force on any matter concerning a course, including an apprenticeship or other training scheme conducted in the Defence Force so as to ensure that, the course can be accorded recognition under sub-section (1).

(3) The Board must send a copy of any determination under this section, under the seal of the Board, to the relevant Defence Force authority.

85B. Recognition of Defence Force institutions

(1) The Board may recognise any Defence Force training institution as being equivalent to a TAFE college for the purposes of this Act.

(2) A Defence Force training institution recognised by the Board under sub-section (1) is deemed to be a TAFE college for the purposes of sections 77, 78, 80 and 82 and a TAFE provider for the purposes of Part 7.

_______________


s. 85B

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PART 7—PRACTICAL PLACEMENT

86. Definitions

In this Part—

"disabled student" means a student who is suffering from—

(a) total or partial loss of bodily function; or

(b) total or partial loss of a part of the body; or

(c) a mental or psychological disease or disorder; or

(d) a condition or malfunction as a result of which a person learns more slowly than persons who do not have that condition or malfunction;

"employer" includes a department of the Commonwealth Government or a body established under a Commonwealth Act;

"law" includes an employment agreement and any provision which restricts the employment of persons who are not trainees in declared vocations;

"post-secondary student" means a student who is enrolled in a post-secondary education course of a TAFE provider;

"TAFE provider" means a TAFE institution, or any person or body who has approval to provide a vocational education and training course under section 83 or an accredited

Pt 7 (Heading and ss 86–91) substituted by No. 62/1994 s. 59.

S. 86 substituted by No. 62/1994 s. 59.

s. 86

S. 86 def. of "law" amended by No. 82/1994 s. 13(Sch. 2 item 10.5).

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further education course under section 13E of the Adult, Community and Further Education Act 1991.

87. Practical placement agreements

(1) A post-secondary student of a TAFE provider may be placed with an employer for work experience or training if the governing body of the TAFE provider has entered into an agreement with the employer about the placement of that student.

(2) An agreement—

(a) must be in writing; and

(b) may be varied or amended by another agreement; and

(c) must be consistent with any determination of the Board about placements of that kind; and

(d) may be cancelled at any time by notice in writing—

(i) given by the employer to the governing body; or

(ii) given by the governing body to the employer.

88. Determination about the placement of post-secondary students

(1) The Board may make a determination about the placement of post-secondary students or any class of post-secondary students with employers for work experience or training.

(2) The determination may—

(a) subject to section 89, fix the period of the placements to which the determination relates; and


s. 87


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(b) specify the number of students any employer or class of employers may take; and

(c) specify that the Board retain the power to cancel or vary any placement; and

(d) specify any other conditions which are to apply to those placements.

89. Conditions on the placement of post-secondary students

If a post-secondary student is placed with an employer under an agreement, the period of the placement must not be more than 3 months and taken together with any other placement that student has had must not be more than 6 months under the relevant determination.

90. Suspension of conditions for disabled students

(1) The Board may suspend the operation of all or any of the conditions of employment fixed by or under this Part for any disabled student or class of disabled students.

(2) A suspension under sub-section (1) may operate for a specified time or indefinitely.

91. Exemption of practical placement from laws prohibiting or regulating employment of young persons

(1) Any Act or law relating to the prohibition of or regulation of the employment of persons of or over the age of 15 years and under the age of 21 years does not apply to the employment of such a person who is—

(a) a student of a TAFE provider; and

(b) employed under an agreement.

(2) If any Act or law prohibits the employment or regulates the working conditions in any specified


s. 89



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trade of persons of less than or not more than a specified age expressed as a number of years then sub-section (1) is not to be taken to permit the employment of any person contrary to that Act or law.

91A. Duty of care

(1) A duty which any person has relating to the care or control of a student of a TAFE provider as a student of that provider is to be taken not to apply while that student is employed under an agreement and an action does not lie against that person because of a breach of that duty.

(2) Sub-section (1) does not extend to a duty which a person has as occupier of the premises of the TAFE provider.

_______________


s. 91A

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PART 7A—MINIMUM TERMS AND CONDITIONS

91AB. Rates of pay

(1) An employee must pay a student the relevant minimum rate of pay that would be applicable under paragraph 1(c) of Schedule 1A to the Workplace Relations Act 1996 of the Commonwealth if the student were an employee within the meaning of Part XV of that Act.

(2) Sub-section (1) does not apply in respect of a student—

(a) holding a certificate of exemption under this section; or

(b) to whom an exemption order under this section applies.

(3) The Secretary to the Department of Education may give a student a certificate of exemption if the Secretary is satisfied that the student—

(a) is undertaking a post-secondary education course; and

(b) is required to work during those studies for the purpose of gaining knowledge and skill which relates to those studies.

(4) The Secretary to the Department of Education may impose conditions on a certificate of exemption.

(5) The student and any employer must comply with any condition imposed under sub-section (4).


Pt 7A (Heading and s. 91AB) inserted by No. 59/1996 s. 13.

S. 91AB inserted by No. 59/1996 s. 13.

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(6) The Secretary to the Department of Education may make an exemption order in relation to any class of students if the Secretary is satisfied that the students—

(a) are undertaking a post-secondary education course; and

(b) are required to work to satisfy the practical training and experience requirements of the course.

(7) The exemption order may—

(a) in the case of any students, provide that the students are not required to be paid for the work; and

(b) in the case of students required to work more than 240 hours as part of a course requirement, specify the appropriate rate of pay which may be less than the minimum rate of pay that would be the applicable rate of pay referred to in sub-section (1).

(8) A certificate of exemption in force under section 16 of the Employee Relations Act 1992, as in force immediately before its repeal, or an exemption order in force under section 16A of that Act, continues in force for the purposes of this section as if it had been given or made, as the case requires, under this section.

_______________

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PART 8—MISCELLANEOUS

91B. Authorised officers

The Director may appoint a person employed under Part 2 as an authorised officer for the purposes of this Act.

91C. Identification

The Director must furnish an authorised officer with an identification card bearing a recent photograph of the officer.

91D. Powers of authorised officers

(1) An authorised officer—

(a) with any necessary help, may enter, at any time during ordinary working hours on any day, any premises—

(i) where a trainee is employed or where the officer has reasonable cause to believe that a trainee is employed; and

(ii) where a person or body registered under section 81 is providing a vocational education and training course or where the officer has reasonable cause to believe that a person or body registered under section 81 is providing a vocational education and training course; and

(iii) where an education institution is offering a course endorsed under section 85 or where the officer has reasonable cause to believe that an education institution is offering a course endorsed under section 85; and

(b) in the case of a place referred to in paragraph (a)(i)—


s. 91B


S. 91D inserted by No. 62/1994 s. 71.

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(i) may require the production of any documents relating to the employment of any trainee required to be kept under this or any other Act or under the National Training Wage Interim Award 1994 made by the Australian Industrial Relations Commission as varied from time to time, and inspect and examine them and take copies or extracts from them; and

(ii) may make any inquiries that appear to be necessary to ascertain whether the provisions of this Act are being or have been complied with;

(c) in the case of a place referred to in paragraph (a)(ii), may make any inquiries or inspect and examine any documents relating to the matters referred to in section 81(3) and take copies or extracts from those documents; and

(d) in the case of a place referred to in paragraph (a)(iii), may make any inquiries or inspect and examine any documents relating to the matters referred to in section 85(3) and take copies or extracts from those documents.

(2) An authorised officer may not exercise any power under sub-section (1)—

(a) in relation to premises if the occupier of the premises has required the officer to produce his or her identification card for inspection by the occupier and the officer fails to comply with the requirement; or

(b) in relation to premises used as or mainly as residential premises, except with the consent of the occupier.

S. 91D(1)(b)(i) amended by No. 106/1994 s. 9.

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(3) A person must not obstruct delay or intimidate an authorised officer when the officer is exercising or attempting to exercise his or her functions as an authorised officer.


92. Proceedings for offences

(1) Proceedings for an offence against this Act may only be taken by an officer or employee appointed under section 19 who is authorised by the Director either generally or in a particular case to take those proceedings.

(2) All courts must take judicial notice of the fact that an officer under sub-section (1) has valid authority to take proceedings referred to in sub-section (1).

92A. Offences by corporations etc.

(1) If a corporation contravenes any provision of this Act, the person who is the principal executive officer (however described) of the corporation is deemed to have contravened the same provision if that person knowingly authorised or permitted the contravention.

(2) A person may be proceeded against and convicted under a provision pursuant to sub-section (1) whether or not the corporation has been proceeded against or convicted under that provision.

(3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act.

(4) If a provision of this Act is contravened in respect of an unincorporated body of persons—

(a) the person who is the principal executive officer (however described) of the body at the time of the contravention is deemed to

s. 92

S. 92(1) amended by No. 62/1994 s. 16, substituted by No. 85/1995 s. 8.


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have contravened the same provision at that time; and

(b) if there was a governing body of the unincorporated body at the time of the contravention, each person who is a member of the governing body of that unincorporated body at that time is also deemed to have contravened the provision at that time.

93. Evidentiary

(1) In any proceedings for an offence under this Act a certificate signed by or on behalf of the Director and stating that—

(a) on any date a person is or is not or was or was not registered under section 69 as a trainee who has entered into a contract of training or as a trainee who has entered into a training agreement pursuant to a training scheme approved by the Board under section 51; or

(b) on any date a person or body is or is not or was or was not registered or registered with specified limitations or restrictions under section 81; or

(c) on any date a person or body did or did not have the approval of the Board—

(i) under section 50, to conduct a course of training in a declared vocation; or

(ii) under section 54(2)(a), to employ a person under the age of 21 years in a declared vocation without a contract of training; or

s. 93

S. 93(1) amended by Nos 62/1994 s. 16, 106/1994 s. 10(a), 59/1996 s. 10(Sch. 2 item 24.5). S. 93(1)(a) amended by No. 62/1994 s. 31(7).

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(iii) under section 55, to employ a person in a vocation under a contract of training or training agreement; or

(iv) under section 83, to provide a vocational education and training course—

is admissible in evidence in the proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate.

(2) A certificate signed by or on behalf of the Director purporting to record a determination, resolution or decision of the Board is evidence of the making of that determination, resolution or decision by the Board.

93A. Supreme Court—limitation of jurisdiction

It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the bringing before the Supreme Court of an action of a kind referred to in section 91A.

94. Regulations

(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) Regulations made under this section may be disallowed in whole or in part by resolution of either House of Parliament in accordance with the requirements of section 6(2) of the Subordinate Legislation Act 1962.

(3) Disallowance under sub-section (2) is deemed to be disallowance by Parliament for the purposes of the Subordinate Legislation Act 1962.

S. 93(1)(c)(iii) amended by No. 106/1994 s. 10(b)(i)(ii).

S. 93(2) amended by No. 62/1994 s. 16.


s. 93A

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94A. Fees for certificates

The Board may charge a fee determined by the Minister for the issue of any certificate or duplicate certificate for the purposes of Part 5 or 6.

_______________

S. 94A inserted by No. 62/1994 s. 73(1).

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PART 9—SAVINGS, REPEAL AND AMENDMENTS

Division 1—Savings Provisions

95. Abolition of authorities

(1) In this section—

"former authority" means—

(a) the Industrial Training Commission established under the Industrial Training Act 1975; and

(b) the State Training Board established by Order in Council dated 17 November 1987 and published in the Government Gazette on 24 November 1987; and

(c) the Technical and Further Education Board established under section 41 of the Post-Secondary Education Act 1978;

"State Training Board" means the State Training Board established under Part 2 of this Act.

(2) On the commencement of this sub-section the Industrial Training Commission is abolished and its members go out of office.

(3) On the commencement of this sub-section the State Training Board referred to in paragraph (b) of the definition of "former authority" is abolished and its members go out of office.

(4) On the commencement of this sub-section the Technical and Further Education Board is abolished and its members go out of office.

(5) On the commencement of a sub-section abolishing a former authority—

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(a) all rights, property and assets that, immediately before that commencement, were vested in the former authority are, by force of this sub-section, vested in the State Training Board; and

(b) all debts, liabilities and obligations of the former authority existing immediately before that commencement become, by force of this sub-section debts, liabilities and obligations of the State Training Board;

(c) the State Training Board is, by force of this sub-section, substituted as a party to any arrangement or contract entered into by or on behalf of the former authority and in force immediately before that commencement; and

(d) the State Training Board is by force of this sub-section substituted as a party to any proceedings pending in any court to which the former authority was a party immediately before that commencement; and

(e) any reference to the former authority in any Act or a subordinate instrument made under an Act or in any other document, must, so far as it relates to any period after that commencement and if not inconsistent with the context or subject-matter, be construed as a reference to the State Training Board.

(6) On the commencement of sub-section (4) any reference to the Chairman of the Technical and Further Education Board in any Act or subordinate instrument made under an Act or in any other document must, so far as it relates to the functions of the Chairman under Divisions 3 and 4 of Part III of the Post-Secondary Education Act 1978 and to any period after that commencement and if not inconsistent with the context or subject-

s. 95

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matter, be construed as a reference to the General Manager.

(7) Any person who was, immediately before the commencement of sub-section (3), a member of the State Training Board established by Order in Council dated 17 November 1987 and published in the Government Gazette on 24 November 1987, becomes a corresponding member of the State Training Board for the remainder of the member's term of appointment.

* * * * *

97. Trades, apprenticeships and training agreements

On the commencement of this section—

(a) any trade which was, immediately before that commencement, proclaimed to be a trade under section 19 of the Industrial Training Act 1975 shall be deemed to be a declared vocation under section 49 and to have been specified as a trade under that section and any exclusion in that proclamation from the operation of section 22 or 41 of that Act shall be deemed to be an exclusion from section 50 or 54; and

(b) any indentures of apprenticeship in relation to which an apprentice is registered under the Industrial Training Act 1975 and in force immediately before that commencement shall be deemed to be a contract of training in relation to which the apprentice is deemed to be a trainee registered under section 69;

(c) any training agreement entered into under section 43 or 43A of the Industrial

S. 96 repealed by No. 62/1994 s. 81.

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Training Act 1975 and in force immediately before that commencement shall be deemed to be a training agreement made pursuant to a training program approved under section 51 and in relation to which the trainee is registered under section 69.

* * * * *

* * * * *

__________________

Pt 9 Div. 2 (Heading and ss 98–106) repealed by No. 18/1993 s. 32(e) (as amended by No. 59/1994 s. 10).

s. 97

Pt 9 Divs 3, 4 (Headings and ss 107–120) repealed by No. 62/1994 s. 82(d).

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SCHEDULES

SCHEDULE 1

Barton Institute of Technical and Further Education

Box Hill Institute of Technical and Further Education

Casey Institute of Technical and Further Education

Central Gippsland Institute of Technical and Further Education

East Gippsland Institute of Technical and Further Education

Gordon Institute of Technical and Further Education10

Goulburn Ovens Institute of Technical and Further Education

Holmesglen Institute of Technical and Further Education

Kangan Batman Institute of Technical and Further Education

Bendigo Regional Institute of Technical and Further Education

Melbourne Institute of Textiles

Northern Melbourne Institute of Technical and Further Education

Eastern Institute of Technical and Further Education

Peninsula Institute of Technical and Further Education

Southwest Institute of Technical and Further Education

Sunraysia Institute of Technical and Further Education

The School of Mines and Industries Ballarat Limited

Western Melbourne Institute of Technical and Further Education

William Angliss Institute of Technical and Further Education

Wimmera Institute of Technical and Further Education

Wodonga Institute of Technical and Further Education

__________________

Schedule renamed as Schedule 1 by No. 14/1993 s. 12(2)(b), amended by No. 21/1990 s. 71(2)(b), GGs 27.2.91 p. 442, 31.7.91 p. 2151, 8.1.92 p. 38, Nos 44/1992 s. 69(f)(i)(ii), 45/1992 s. 65(e), GG 23.12.92 p. 3904, SG (No. 46) 29.6.93 p. 9, GG 2.12.93 p. 3239, SG (No. 95) 21.12.93 p. 3, SG (No. 18) 18.4.94 p. 1, GGs 8.12.94 p. 3264, 22.12.94 pp 3485, 3486, 13.4.95 pp 896, 897, 8.6.95 p. 1389, 20.7.95 pp 1864, 1865, SG (No. 77) 4.8.95 p. 1, GGs 10.8.95 p. 2106, 28.9.95 p. 2776, SG (No. 109) 1.11.95 p. 1, GGs 2.11.95 p. 3084, 21.12.95 p. 3658, 12.9.96 pp 2432, 2433, 8.5.97 p. 1044, 5.6.97 p. 1317.

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SCHEDULE 2

EMPLOYMENT OF STAFF

PART 1—GENERAL

* * * * *

2. Superannuation

(1) A person who, immediately before being employed under section 34A or being employed in the TAFE division of a university with a TAFE division was a contributor to or member of a superannuation fund or arrangement established by the State Superannuation Act 1988 continues, subject to that Act, to be a contributor to or member of that fund or arrangement for so long as he or she is employed under section 34A or employed in the TAFE division of one of those universities.

(2) The terms and conditions of a superannuation fund or arrangement to which a person continues to contribute or of which he or she continues to be a member by virtue of sub-clause (1) apply to that person, for so long as he or she is employed under section 34A or employed in a TAFE division of a university with a TAFE division as if there had been no change of employer.

Sch. 2 inserted by No. 14/1993 s. 12(1).

Sch. 2

Sch. 2 cl. 1 amended by No. 62/1994 s. 23(5), repealed by No. 59/1996 s. 10(Sch. 2 item 24.6).

Sch. 2 cl. 2(1) amended by No. 62/1994 s. 23(5).

Sch. 2 cl. 2(2) amended by No. 62/1994 s. 23(5).

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PART 2—EXECUTIVE OFFICERS

* * * * *

4. Contracts for executive officers

The employment of an executive officer shall be governed by a contract of employment between the officer and his or her employer.

5. Contracts to be in writing

(1) The contract must be in writing and be signed by or on behalf of the employer and the officer.

(2) The parties to a contract must not include a right of return to the public sector in that contract.

6. Termination of contracts

A contract of employment of an executive officer may be terminated by either party to the contract giving to the other party the period of notice of termination required by Part 6 of Schedule 1 to the Employee Relations Act 1992.

7. Contracts for incumbent officers

An executive officer who was appointed to a position before it was declared under section 6B to be part of the management staff of a TAFE college or a TAFE division of a university may elect to enter into a contract of employment for the position at any time up until 3 months after the date on which it was declared to be part of the management staff. After that time the officer cannot enter into a contract of employment for that position.

8. Certain positions not required to be advertised

An executive officer who elects within the period specified in clause 7 to enter into a contract of employment for that position is entitled to be offered a contract for that position without the position being advertised.

Sch. 2

Sch. 2 cl. 3 amended by Nos 62/1994 s. 23(5), 82/1994 s. 13(Sch. 2 item 10.6), repealed by No. 59/1996 s. 10(Sch. 2 item 24.6).

Sch. 2 cl. 6 amended by No. 82/1994 s. 13(Sch. 2 item 10.7).

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9. Continuity in position

If a position has been declared to be part of the management staff of a TAFE college or the TAFE division of a university, the person (if any) holding that position is to continue to hold it until the position otherwise becomes vacant even if he or she does not elect to enter into a contract of employment for that position.

10. Continuing terms and conditions of employment

While a person continues to hold a position under clause 9 without having entered into a contract of employment for it the terms and conditions of employment of the person are to be the same as those which applied to the person immediately before the position was declared to be part of the management staff of a TAFE college or the TAFE division of a university. That person continues to have the benefit of all rights that have accrued or are accruing to him or her under those terms and conditions.

11. Performance allowances cease if no contract

An executive officer who continues to hold a position in the circumstances set out in clause 10 ceases to be entitled to any performance related incentive payment provided for under the terms and conditions applicable under that clause.

12. TAFE directors who do not enter into contracts

Despite clause 9, the director of a TAFE college or the TAFE division of a university, who has not elected to enter into a contract of employment before the end of the period specified in clause 7—

(a) ceases to hold the position of director; and

(b) is entitled to be employed under the same terms and conditions of employment as applied to the position of that director immediately before the position was declared to be part of the management staff; and

(c) is not entitled to receive any performance related incentive payment provided for in the terms and conditions referred to in paragraph (b).

13. Superannuation

(1) The Superannuation (Public Sector) Act 1992 applies to an executive officer who is a member of a statutory superannuation scheme within the meaning of Part 2 of that Act as if—

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110 M-23/9/97

(a) any reference to Part 4 of the Public Sector Management Act 1992 were a reference to this Schedule;

(b) any reference to an employer were a reference to—

(i) in the case of staff of a TAFE college, the council of the college; and

(ii) in the case of staff of the TAFE division of a university, the council of that university.

__________________

Sch. 2

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SCHEDULE 3

STATE TRAINING WAGE PROVISIONS

1. Definitions

In this Schedule—

"approved training" means training undertaken (both on or off the job) under an approved training scheme;

"trainee" means a person whom an employer has undertaken to train under an approved training scheme;

"training agreement" means a training agreement entered into pursuant to an approved training scheme.

2. Application

(1) Subject to sub-clause (3), this Schedule applies with respect to any training agreement entered into after the commencement of the Vocational Education and Training (State Training Wage) Act 1994.

(2) Subject to sub-clause (3), this Schedule also applies with respect to any training agreement entered into before the commencement of the Vocational Education and Training (State Training Wage) Act 1994 if the parties to that agreement agree that it is to apply.

(3) The Board may, by notice published in the Government Gazette, declare any class of training agreement to be a class of training agreement to which this Schedule does not apply.

(4) This Schedule does not apply to apprentices.

3. Objective

The objective of this Schedule is to assist in the establishment of a system of traineeships which provides approved training in conjunction with employment in order to enhance the skill levels and future employment prospects of trainees, particularly young people and the long term unemployed. The system is neither designed nor intended for those who are already trained and job ready. It is not intended that existing employees shall be displaced from employment by trainees.

4. Training conditions

Sch. 3 inserted by No. 106/1994 s. 11.

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(1) The trainee must perform his or her duties under the training agreement and the approved training scheme.

(2) The employer must during the duration of the training agreement provide a level of supervision that is in accordance with that agreement and the approved training scheme.

(3) Training must be directed at enabling the trainee to attain the standards of skill and knowledge required by the approved training scheme to be attained by persons undertaking the scheme.

5. Employment conditions

(1) Subject to any reduction or extension of the term of the training agreement under section 60, a trainee must be engaged as a full-time employee for the term of the agreement subject to the satisfactory completion of a period of probation of a maximum of one month's duration. The employer may reduce the duration of the period of probation.

(2) An employer must not terminate the employment of a trainee without having provided written notice of termination in accordance with the training agreement—

(a) to the trainee, before the termination; and

(b) to the Board, within 5 working days after the termination.

(3) An employer who decides not to continue the employment of a trainee on the completion of the approved training scheme must notify the Board in writing of that decision.

(4) If the employment of a trainee is continued after the completion of the approved training scheme, that period of training must be regarded as service with the employer for the purposes of any provision made by or under any Act conferring entitlements on an employee having regard to his or her period of service.

(5) A training agreement may restrict the circumstances under which a trainee may work overtime or shiftwork in order to ensure that the approved training scheme is satisfactorily completed.

(6) A trainee must not work shiftwork unless the trainee and the employer have agreed that satisfactory provision is made for approved training under the relevant approved training

Sch. 3 cl. 5(4) amended by No. 59/1996 s. 10(Sch. 2 item 24.7).

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scheme. Training for shiftwork employees may be applied over a cycle in excess of a week but must average over the relevant period no less than the amount of training required for non-shiftwork trainees.

(7) Without limiting the application to the trainee of the provisions referred to in clause 7(1), a trainee who fails to complete the approved training scheme or who cannot for any reason be placed in full-time employment with the employer on satisfactory completion of the approved training scheme is not entitled to any severance payment payable under any termination, change and redundancy provisions or any similar provisions.

6. Wages

(1) The weekly wages payable to trainees shall be as provided by the National Training Wage Interim Award 1994 made by the Australian Industrial Relations Commission as varied from time to time.

(2) For the purposes of applying sub-clause (1) the appropriate industry/skill level in relation to a trainee is as specified in the relevant determination made by the Board under section 51(1).

7. Relationship with other legislation

(1) Subject to this Schedule, the provisions of Part 2 and Division 2 of Part 3 of, and Schedule 1 (except clause 1(c)) to, the Employee Relations Act 1992 apply with respect to a trainee during the term of the training agreement in the same way, and to the same extent, as they apply with respect to any other employee.

(2) The provisions of this Schedule prevail over any provision made by or under the Employee Relations Act 1992 or any other Act which is inconsistent with them and which purports to apply with respect to a trainee.

(3) On the completion of the approved training scheme the provisions of Part 2 and Division 2 of Part 3 of, and Schedule 1 to, the Employee Relations Act 1992 apply with respect to the former trainee in the same way, and to the same extent, as they apply with respect to any other employee.

═══════════════

Sch. 3 Sch. 3

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NOTES

1. General Information Minister's second reading speech—

Legislative Assembly: 5 April 1990

Legislative Council: 17 May 1990

The long title for the Bill for this Act was "A Bill to establish a State Training System in Victoria and to amend the Post-Secondary Education Act 1978, to amend the Employment and Training Act 1981 and to repeal the Industrial Training Act 1975 and for other purposes.".

The Vocational Education and Training Act 1990 was assented to on 19 June 1990 and came into operation as follows:

Parts 1, 2, 4, sections 72, 95(1)(3)(5)(7), Part 8 on 1.7.90: Government Gazette 27.6.90 p. 1926; Parts 3, 6 (except sections 80–84), Part 7, sections 95(4)(6), 96, Division 2 of Part 9 (except section 98(3)(f)(ii)), sections 118, 119 and the Schedule on 31.1.91 by virtue of the Interpretation of Legislation Act 1984—see Government Gazette 19.12.90 p. 3745: Special Gazette (No. 9) 31.1.91 p. 3 and section 76 of Act No. 62/1994;

Sections 80–84 on 1.3.91: Government Gazette 19.12.90 p. 3745 and Special Gazette (No. 9) 31.1.91 p. 3; sections 46–71, 95(2), 97, Division 3 of Part 9, sections 108–117, 120 on 1.7.91: Government Gazette 19.12.90 p. 3745 and Special Gazette (No. 9) 31.1.91 p. 3.

S. 98(3)(f)(ii) was repealed and never proclaimed.

Notes

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2. Table of Amendments This Version incorporates amendments made to the Vocational Education and Training Act 1990 by Acts and subordinate instruments.

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Victoria University of Technology Act 1990, No. 21/1990 Assent Date: 30.5.90 Commencement Date: S. 71(1) on 1.7.90: Government Gazette 24.6.90

p. 1862; s. 71(2)(b) on 30.1.92: Government Gazette 29.1.92 p. 178

Current State: This information relates only to the provision/s amending the Vocational Education and Training Act 1990

Adult, Community and Further Education Act 1991, No. 91/1991 Assent Date: 10.12.91 Commencement Date: 19.3.92: Special Gazette (No. 4) 18.3.92 p. 1 Current State: All of Act in operation

Swinburne University of Technology Act 1992, No. 44/1992 Assent Date: 23.6.92 Commencement Date: 1.7.92: Government Gazette 1.7.92 p. 1628 Current State: All of Act in operation

Royal Melbourne Institute of Technology Act 1992, No. 45/1992 Assent Date: 23.6.92 Commencement Date: 1.7.92: Government Gazette 1.7.92

p. 1626 Current State: All of Act in operation

Melbourne University (VCAH) Act 1992, No. 52/1992 Assent Date: 30.6.92 Commencement Date: S. 19 on 1.7.92: Government Gazette 1.7.92 p. 1628 Current State: This information relates only to the provision/s

amending the Vocational Education and Training Act 1990

Employee Relations Act 1992, No. 83/1992 Assent Date: 24.11.92 Commencement Date: S. 184(Sch. 6 item 22) on 1.3.93: Special Gazette

(No. 63) 27.11.92 p. 1 Current State: This information relates only to the provision/s


Vocational Education and Training (College Employment) Act 1993, No. 14/1993

Notes Notes

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Assent Date: 11.5.93 Commencement Date: Ss 1, 2 on 11.5.93: s. 2(1); rest of Act on 1.7.93:

s. 2(2) Current State: All of Act in operation

Tertiary Education Act 1993 No. 18/1993 (as amended by Act No. 59/1994) Assent Date: 18.5.93 Commencement Date: Ss 1, 2 on 18.5.93: s. 2(1); s. 24 on 7.6.93; rest of Act

on 1.7.93: Government Gazette 3.6.93 p. 1414 Current State: All of Act in operation

Financial Management (Consequential Amendments) Act 1994, No. 31/1994 Assent Date: 31.5.94 Commencement Date: S. 3(Sch. 1 item 63) on 7.7.94: Government Gazette

7.7.94 p. 1878—see Interpretation of Legislation Act 1984


Vocational Education and Training (Amendment) Act 1994, No. 62/1994 Assent Date: 15.6.94 Commencement Date: Ss 1–3 on 15.6.94: s. 2(1): s. 77 on 30.6.94; rest of

Act (except ss 13, 14, 51–68) on 1.7.94; ss 51–58 on 1.8.94; ss 59–68 on 1.12.94: Government Gazette 23.6.94 p. 1671; ss 13, 14 on 15.9.94: Government Gazette 15.9.94 p. 2472

Current State: All of Act in operation

Employee Relations (Amendment) Act 1994, No. 82/1994 Assent Date: 29.11.94 Commencement Date: S. 13(Sch. 2 item 10) on 11.5.95: Government Gazette

11.5.95 p. 1093—see Interpretation of Legislation Act 1984


Vocational Education and Training (State Training Wage) Act 1994, No. 106/1994

Assent Date: 13.12.94 Commencement Date: 13.12.94: s. 2 Current State: All of Act in operation

Equal Opportunity Act 1995, No. 42/1995

Notes

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Assent Date: 14.6.95 Commencement Date: S. 224 on 5.10.95: Government Gazette 28.9.95

p. 2731; Sch. 2 item 47 on 1.1.96: Government Gazette 21.12.95 p. 3571


Vocational Education and Training (Amendment) Act 1995, No. 85/1995 Assent Date: 28.11.95 Commencement Date: 28.11.95 Current State: All of Act in operation

Legal Practice Act 1996, No. 35/1996 Assent Date: 6.11.96 Commencement Date: S. 453(Sch. 1 item 88) on 1.1.97: s. 2(3) Current State: This information relates only to the provision/s


Commonwealth Powers (Industrial Relations) Act 1996, No. 59/1996 Assent Date: 12.12.96 Commencement Date: Pt 6 (s. 13), s. 10(Sch. 2 item 24) on 1.1.97: Special

Gazette (No. 146) 23.12.96 p. 15 Current State: This information relates only to the provision/s


Melbourne University (VCAH) Act 1997, No. 9/1997 Assent Date: 29.4.97 Commencement Date: S. 14 on 1.7.97: s. 2(2) Current State: This information relates only to the provision/s


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Government Gazette 27 February 1991 page 442

Government Gazette 31 July 1991 page 2151

Government Gazette 8 January 1992 page 38

Government Gazette 23 December 1992 page 3904

Special Gazette (No. 46) 29 June 1993 page 9


Special Gazette (No. 18) 18 April 1994 page 1

Government Gazettes 8 December 1994 page 3264

Government Gazette 22 December 1994 pages 3485, 3486

Government Gazette 13 April 1995 pages 896, 897

Government Gazette 8 June 1995 page 1389

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Government Gazette 20 July 1995 pages 1864, 1865

Special Gazette (No. 77) 4 August 1995 page 1

Government Gazette 10 August 1995 page 2106

Government Gazette 28 September 1995 page 2776

Special Gazette (No. 109) 1 November 1995 page 1

Government Gazette 2 November 1995 page 3084


Government Gazette 12 September 1996 pages 2432, 2433

Government Gazette 8 May 1997 page 1044

Government Gazette 5 June 1997 page 1317

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3. Explanatory Details

1 S. 13: Section 13(2)(3) of the Vocational Education and Training (Amendment) Act 1994, No. 62/1994 reads as follows:

13. Members of the Board and savings

(2) On the commencement of this section the members of the State Training Board go out of office.

(3) Despite the commencement of this section, the State Training Board as it is constituted after the commencement of sub-section (1) is deemed to be the same body as the State Training Board as it was constituted immediately before that commencement.

2 S. 19: Section 15(2) of the Vocational Education and Training (Amendment) Act 1994, No. 62/1994 reads as follows:

15. New section 19 substituted and transitional

(2) On and from the commencement of this section, in—

(a) an Act; or

(b) a subordinate instrument within the meaning of the Interpretation of Legislation Act 1984; or

(c) any document whatever—

a reference to the General Manager of the Board (whether reconstrued by Order under the Administrative Arrangements Act 1983 to be a reference to the Secretary to the Department of Education or not) is, in relation to any period occurring on or after that date of commencement, and unless inconsistent with the context or subject matter, to be taken to be a reference to the Director of the Board.

Notes

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3 S. 28: Section 19(2)(3) of the Vocational Education and Training (Amendment) Act 1994, No. 62/1994 reads as follows:


(2) Despite the commencement of this section—

(a) an Order in Council made under section 24 of the Principal Act which was in force immediately before that commencement continues in operation until it is remade in accordance with sub-section (3); and

(b) a person who was a member of the council of a TAFE college immediately before that commencement continues to be a member of that council subject to the Principal Act and the Order in Council continued under paragraph (a) until the Order in Council is remade in accordance with sub-section (3);

(c) a council incorporated by an Order referred to in paragraph (a) is deemed to be the same body after that commencement as it was immediately before that commencement.

(3) The Minister must ensure that within 12 months after the commencement of this section or within any further period fixed by the Minister in respect of a particular council, every Order in Council continued in operation by sub-section (1) is reviewed and remade.

4 S. 51: Section 30(2) of the Vocational Education and Training (Amendment) Act 1994, No. 62/1994 reads as follows:


(2) On the commencement of this section—

(a) a training program approved by the Board immediately before that commencement is deemed to be a training scheme approved by the Board under section 51; and

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(b) any training agreement which was registered under section 69 immediately before that commencement continues to be registered as if it were a training agreement made pursuant to a training scheme approved under section 51.

5 S. 70(1): The amendment purported to be made by the Financial Management (Consequential Amendments) Act 1994, No. 31/1994, section 3(Schedule 1 item 63) was not included in the Reprint because the words "appropriated by Parliament" did not appear in section 70(1). 6 S. 74(1)(b): Section 47(2) of the Vocational Education and Training (Amendment) Act 1994, No. 62/1994 reads as follows:

47. Training programs and transitional

(2) On the commencement of this section, a vocational education and training course which was, immediately before the commencement of this section, noted on the State Register of Accredited Courses as being equivalent to the whole or part of an accredited course is deemed to be noted as a training program which is equivalent to the whole or part of that accredited course.

7 S. 74(2)(b): See note 6. 8 S. 74(3)(b): See note 6. 9 S. 78A: Section 31(3) of the Tertiary Education Act 1993, No. 18/1993 reads as follows:

31. New section 78A inserted, consequential and savings

(3) Any vocational education and training course or further education course which was, immediately before the commencement of this section, registered or noted on the State Register of Accredited Courses maintained under section 36 of the Post-Secondary Education Act 1978 is deemed to be registered or noted on State Register of Accredited Courses maintained under section

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78A of the Vocational Education and Training Act 1990.

10 Schedule 1 (Gordon Technical College): Section 74 of the Vocational Education and Training (Amendment) Act 1994, No. 62/1994 reads as follows:

74. Gordon Technical College

(1) The Gordon Technical College Act 1976 is repealed.

(2) On the commencement of sub-section (1)—

(a) Gordon Technical College continues to be a TAFE college as if it had been created under section 23 of the Principal Act.

(b) the Order in Council made under section 4 of the Gordon Technical College Act 1976 on 25 January 1984 and published in the Government Gazette on 11 February 1984 continues in operation as if it had been made under section 24 of the Principal Act; and

(c) the Council of the Gordon Technical College incorporated under section 4 of the Gordon Technical College Act 1976 is deemed to be a council incorporated under section 24 of the Principal Act.

(3) Despite the repeal of section 6(3) of the Gordon Technical College Act 1976, the lands the subject of Crown Grant volume 4976 folium 995194 permanently reserved as a site for the Gordon Technical College by section 6(3) continue to be permanently reserved as if they were so reserved under section 4 of the Crown Lands (Reserves) Act 1978.

(4) The Minister must, within 12 months or any further period fixed by the Minister, ensure that the Order in Council referred to in sub-section (2)(b) is reviewed and remade.

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INDEX ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Subject Section –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Accreditation of courses by colleges 77

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generally 9, 73, 73A, 74, 77, 78, 82

industry training accreditation boards 76 investigation 74 offences 82 Vocational Education and Training Accreditation Board 75

Administrative Appeals Tribunal 81, 85

Administrator of TAFE college 31–34

Adult, Community and Further Education Act 1991 3, 20, 75, 76, 78A, 80, 82

Adult, Community and Further Education Board 3, 20, 75, 76, 78A

ANTA—see Australian National Training Authority

Apprentice—see Trainee definition 3

Apprenticeship—see Contracts of training

Approval to deliver non-college providers 83

Australian National Training Authority agency, Victoria 9A definition 3 functions and powers, Victoria 22A, 22B

Authorities abolition of former 95

Authority to conduct TAFE colleges and institutions 79

Award 3, 48, 57, 61, 91

Certificates—see Vocational training

Commencement 2

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Contracts of training assignment 67 cancellation 62–64 content 59 employer associations 66

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employer's obligations under 57, 59 employment 54, 55 exemption 54 form of 59 grievances 64 offences 54, 55, 57, 59, 61,

64, 68 orders of Board 63, 64 parties to 59 premiums prohibited 68 probationary period 61 register of trainees 69 supervision 56 suspension 62–64 term of 60 termination 61 trainee's obligations 58 variation of 62, 63

Corporations offences by 92A

Courses access to 4, 9, 25 accreditation of 73–78 non-college providers 80–84 TAFE colleges and institutions 79, 80, 82

Crown 47

Declared vocation declaration 49 definition 3 exclusion of 49 trade specification 49 training in 50, 54–72

Defence Force definition 3 institutions 85B training 85A

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Definitions accredited course 3 adult, community and further education 3 Adult, Community and Further Education Board 3 adult, community and further education plan 3 ANTA 3

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apprentice 3 approved training Sch. 3 approved training scheme 3 arrangement 86 award 3 Board 3, 95 college year 86 course 85 course of study 73 declared vocation 3 Defence Force 3 disabled student 86 education institution 85 employment agreement 3 executive officer 3 former authority 95 further education 3 government office 3 impairment 86 law 86 malfunction of a part of the body 86 National standards 3 National Statement 3 NETTFORCE 9B practical placement 86 prescribed 3 Regional Council 3 State Register of Accredited Courses 3 statewide course 73 student 86 TAFE 3 TAFE college 3 TAFE institution 3 technical and further education 3 trade 3, 86 trainee 3, Sch. 3 training 3 training agreement Sch. 3 university with TAFE division 3 vocational education and training 3, 9A

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vocational education and training course 3 young person 86

Delegate bodies 21

Delegations by Director 20 by Minister 20 by State Training Board 20, 21, 75, 76

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by TAFE college councils 24

Determinations of Board 51, 56, 64

Exempt colleges 37

Further education 3, 9, 10

Guidelines of Minister 5, 7 of State Training Board 56, 81, 85

Immunity 22, 36, 45

Industry training accreditation boards 76

Industry training boards abolition 40 bodies corporate 39 declaration of 38, 40 directions to 6, 7 establishment 38, 39 functions and powers 38, 41, 42, 49, 51,

53, 81 guidelines for 5, 7 immunity 45 meetings 44A members 38, 43, 44 performance agreements 6, 10

Industry training plans 41

Legal proceedings 92, 93

Minister delegation by 20 directions of 6, 6A, 7, 12, 31,

34A, 34B guidelines of 5, 7 reserve powers 31–34, 37

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National Training Wage Award 9B, 91D

NETTFORCE 9B

Objects 4

Offences 50, 54, 55, 57, 59, 61, 64, 68, 80, 82, 92, 92A, 93

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Orders in Council 21, 24, 31, 38, 40, 41, 49, 75

Overseas students 85

Performance agreements 6, 10, 27, 31

Practical placement agreement 87 authorised officer 91B–91D definition 86 disabled students 90 duty of care 91A exemptions 91 work experience 88, 89

Provider registration 50, 81, 83, 84

Purposes 1

Register—see also State Register of Accredited Courses providers 84 trainees 69

Registration—see Provider

Regulations 72, 94

Reserve powers of Minister 31–34, 37

State Register of Accredited Courses 73, 78, 78A, 79, 82, 83

State Training Board annual report 12 ANTA 9A, 22C body corporate 8 Chairperson 13, 18 definition 95

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delegations 20, 20A, 21, 75, 76 Deputy Chairpersons 18 Director 19 establishment 8 functions and powers 9–12 immunity 22 meetings 18 members 13–15 National Training Wage Award 9B, 91D performance agreements 10

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staff 19 validity of acts 16

State Training System 4

State Training Wage Provisions Sch. 3

TAFE 3, 4

TAFE colleges abolition 23 accreditation by 77, 78 amalgamation 23 change of name 23 creation 23 director 34A, 34B, 35 exemption of 37 listed Sch. 1 rules 24 staff 6A, 6B, 34A,

Sch. 2

TAFE college councils abolition 24 accountability 27 administrator 31–34 amalgamation 24 authority to conduct courses 79 body corporate 24 change of name 24 chief executive officer 35 constitution 24 delegation by 24 directions to 6, 7 director 34B establishment 24

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functions and powers 24–26 funding bodies 22C guidelines for 5, 7 immunity 36 management plans 6, 25 members 28, 29, 29A Ministerial directions 6A, 6B performance agreements 6, 10, 27, 31 proceedings 30 Regional Councils 3, 25 reserve powers of Minister 31–34, 37 validity of acts 34

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TAFE institution 3, 77–80, 82

Technical and further education 3, 25

Tertiary Education Act 1993 3, 20, 24, 80, 82, 85

Trade—see Declared vocation

Trainee apprentice 3 definition 3 contracts of training 54–68 register 69 training agreements 51, 69 travel subsidies 70

Training agreements 46, 51, 55, 57–60, 69

Training schemes approval 51 attendance 57 certificates 52 trainee's obligations 58 traineeships Sch. 3 training 57 travel subsidies 70

Universities with TAFE divisions 3, 6A, 6B, 7, 20, 20A, 22C, 23, 34C

Vocational education and training 3, 4, 5, 7, 9

Vocational Education and Training Accreditation Board 75, 77, 78A ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Subject Section –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Vocational training approval of training programs 51 approval to conduct course of training 50 certificates 52, 53, 94A contracts of training 54–64, 66–68 declared vocations 49 inconsistent Acts and awards 48 register of trainees 69 regulations 72 travel subsidies 70

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NOTE:

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This index does not form part of the Vocational Education and Training Act 1990 and is provided for convenience of reference only.

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