vocational education and training act 1990vocational education and training act 1990 s.2 act no....

Vocational Education and Training Act 1990

No. 45 of 1990

TABLE OF PROVISIONS

PART 1—PRELIMINARY

Section

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

PART 2—CO-ORDINATION OF STATE TRAINING

5. Ministerial guidelines 6. Ministerial directions 7. Compliance with Ministerial guidelines and directions 8. Establishment ofState Training Board 9. Functions of the Board

10. Performance agreements and financial powers 11. Powers of the Board 12. Accountability ; 13. Members 14. Terms and conditions of office of member 15. Acting members 16. Validity ofacts or decisions of the Board 17. Deputy Chairpersons 18. Meetings of the Board 19. Staff 20. Delegations 21. Establishment ofbodies to act as delegates of Board 22. Immunity ofBoard members from suit .

PART 3—TAPE COLLEGES

23. TAPE colleges 24. Incorporation of TAPE college councils 25. Functions of TAPE college councils 26. Powers of TAFE college councils 27. Accountability of TAFE college councils 28. Members of councils 29. Terms and conditions of office of members . 30. Proceedings of councils 31. Reserve powers of Minister 32. Notice of proposal 33. Appointment of administrator 34. Saving ofacts of council 35. College directors 36. Immunity 37. Reserve powers do not apply to certain colleges

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PART 4—INDUSTRY TRAINING BOARDS

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

PART 5—VOCATIONAL TRAINING

Division 1—Preliminary

46. Definitions 47. Binding of Crown 48. Inconsistency of other enactments

Division 2—Declared Vocations

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

Division 3—Training programs

51. Approval of training programs 52. Certificates for completion of approved training programs 53. Certificates for people who have the skill in a vocation

Division 4—Contracts of Training

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

employment available 64. Board to determine grievances in certain circumstances 65. Certain rights under Industrial Relations Act barred' 66. Associations of employers may employ trainees 67. Transfer of contract on dissolution of partnership or transmission of a business 68. Prohibition on premiums

Division 5—Miscellaneous

69. Register of trainees 70. Travel subsidies 71. Powers of entry and examination 72. Regulations

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PART 6—ACCREDITATION OF AND APPROVAL TO DELIVER COURSES


73. Definitions

Division 2—Accreditation of courses 74. Investigation of courses by Board 75. Vocational Education and Training Accreditation Board. 76. Industry training accreditation boards 77. Declaration of certain colleges to be qualified to recommend

accreditation of their own courses 78. Recommendations for accreditation of courses

Division 3—Approval for delivery of courses

79. TAPE colleges and institutions need authority to conduct a course 80. Offences by unregistered persons 81. Registration of non-college providers of vocational education and

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

Division 4—Overseas Students

85. Endorsement ofcourses for overseas students

PART 7—PRACTICAL PLACEMENT

86. Definitions 87. Exemption of practical placement fi-om laws prohibiting or regulating employment

of young person 88. Conditions of employment 89. Duty of care 90. Payment 91. Federal awards

PART 8—MISCELLANEOUS

92. Proceedings for offences 93. Evidentiary 94. Regulations

PART 9—SAVINGS, REPEAL AND AMENDMENTS

Division 1—Savings Provisions

95. Abolition of authorities 96. Continuation of existing orders 97. Trades, apprenticeships and training agreements

Division 2—Amendments to Post-Secondary Education Act 1978

98. ^imm^mtnisXo Post-Secondary Education Act \91i 99. New section 33 substituted—

33—Investigation ofcourses by Commission 100. Accreditation

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101. Consequential amendments 102. New Division 2 of Part III inserted

Division 2—Further Education 41.—Regions 42.—Regional councils 43.—Functions of regional councils 44.—Accountability 45.—Membership of regional councils 46.—Terms and conditions of office of members 47.—Meetings of a council

103. Accreditation or endorsement of courses 104. Overseas students 105. TAFE Teaching Service 106. Statute Law Revision

Division 3—Amendments to Employment and Training Act 1981

107. Amendments to Employment and Training Act\9Z\

Division 4—Repeal and Amendments

108. RtptdXoi Industrial Training Act \915. 109. Amendments to Accident Compensation Act 1985 110. Amendment to Building Control Act\9i\ 111. Amendments to Dental Technicians Act 1972 112. AmtndmtnXiQ Education Act \95% 113. Amendment to Industrial Relations Act 1979 114. Amendments to Labour and Industry Act 1958 115. Amendments to Occupational Health and Safety Act 1985 116. Amendments to Pay-roll Tax Act 191 \ 117. Amendment to State Electricity Commission Act 1958 118. Amendments to Teaching Service Act 1981 119. Amendment to Teaching Service Act 1983 120. Amendment to Transport Accident Act 1986

SCHEDULE

NOTES

INDEX

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Victoria

No. 45 of 1990

Vocational Education and Training Act 1990

[Assented to 19 June 1990]

The Pariiament of Victoria enacts as follows:

PART 1—PRELIMINARY

Purposes 1. 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, coordination and administration of vocational education and training in Victoria; and

ib) 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 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 programs; and

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Vocational Education and Training Act 1990 S.2 Act No. 45/1990

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

Commencement

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

Definitions 3. In this Act—

"Award" means an award of the Industrial Relations Commission of Victoria or a Conciliation and Arbitration Board under the Industrial Relations Act 1979.

"Board" means the State Training Board estabUshed under Part 2.

"Council of further education" means a council of further education established under section 42 of the Post-Secondary Education Act \91%.

"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 oflHce" 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 or the TAFE 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.

"Prescribed" means prescribed by this Act or the regulations. "TAFE" means technical and further education. "Technical and further education" has the same meaning as in

the Post-Secondary Education Act 1978. "TAFE college" means an institution specified in the Schedule

but if an institution is also specified in Schedule 2 of the Post-Secondary Education Act 1978 means that part of the institution which provides technical and further education.

"TAFE institution" means a university, school, college or centre at or fi-om which technical and further education is provided.

"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

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Vocational Education and Training Act 1990 Act No. 45/1990 s.4

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

Objects

4. 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 TAPE as part of the system of State post-secondary education institutions; and

(c) to provide mechanisms by which employers and unions can jointly 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 facilitate the development of training by and within industry; and

(g) to promote the devolution and decentralisation of decisionmaking within the State Training System; and

(A) 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

({) to ensure adequate access to vocational education and training and to the services and programs of TAPE colleges and TAPE 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 TAPE colleges and TAPE institutions; 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.

PART 2—CO-ORDINATION OF STATE TRAINING

Ministerial guidelines

5. (1) The Minister, after consulting with or considering the advice of the Board, may issue written guidelines on any matter irelating to vocational education and training in Victoria.

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(2) If the Minister considers that a guideline will affect post-secondary education in general or further education or other sectors of education in Victoria, the Minister must consult with the Minister for the time being administering the Post-Secondary Education Act 1978 or the Minister for the time being administering the Education Act 1958 (whichever is appropriate).

Ministerial directions 6. The Minister, after consulting with or considering the advice of

the Board, may give written directions to the council of a TAFE college or 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 be imposed; (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;

(/) The inspection of facihties, accounts and records of the council or board;

(g) In the case of councils, 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. '

Compliance with Ministerial guidelines and directions • 7. The council of a TAFE college and an industry training board

must observe and give effect to any guideUne issued under section 5 and any direction under section 6 applying to it when exercising its functions or powers under this Act.

Establishment of State Training Board 8. (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

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{d) is capable of acquiring, holding, deaUng 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.

Functions of the Board 9. (1) The functions of the Board are—

(fl) to inquire into and make reports on the general development of vocational education and training policies, programs and services, including— (i) the needs of the State;

(ii) the establishment of vocational education and training objectives and priorities for the State;

(iii) promoting community awareness ofthe importance of vocational education and training;

(iv) increasing the participation of disadvantaged groups in vocational education and training;

(v) providing schemes for training and retraining adults; ib) to plan and develop poUcies, programs and services for

vocational education and training in the State including— (i) the provision of vocational education and training in

State institutions, within industry and in private education and training estabUshments;

(ii) the measures necessary to enhance the level of skills in industries identified as being of key importance in the development and maintenance of the Victorian economy, including— (A) funding of training programs; (B) developing more effective training; (C) faciUtating the entrance of more personnel into

those industries; (iii) the co-ordination of industry training and education

programs; (iv) the improvement of the standard of training provided

to apprentices, trainees and others engaged in work place training or experience programs;

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(c) to provide for the delivery of vocational education and training in the State;

(d) to be responsible for the accreditation of vocational education and training courses;

(e) to establish bodies to advise the Board on measures to ensure that the provision of vocational education and training is consistent with the social justice objectives of the government;

( / ) to advise the Minister on any matter relating to vocational education and training;

(g) to consult with councils of TAFE colleges, industry training boards, councils of further education and any person providing vocational education and training or further education or other appropriate bodies;

(A) 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) consider the implications of its actions for the provision of

further education; and (c) ensure that its actions are consistent with arrangements for

the provision of further education in Victoria— in carrying out its functions.

Performance agreements and financial powers 10. (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.

(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.

(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, in accordance with any appropriation made by Parliament—

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

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Vocational Education and Training Act 1990 Act No. 45/1990 s. 11

(b) may make payments to the council of a TAPE 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

(rf) 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).

(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.

Powers of the Board 11. 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.

Accountability 12. (1) The Board must perform its functions and exercise its

powers subject to— (a) any economic and social objectives established from time

to time by the Government of Victoria; and (b) the general direction and control of the Minister.

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

(3) In exercising direction and control under sub-section (1) (b), the Minister may consult with other Ministers and agencies to provide for the better co-ordination of post-secondary education and other sectors of education.

Members 13. (1) The Board consists of not more than 16 members of whom

15 members are appointed by the Governor in Council of whom— (a) one is a person who must be appointed as Chairperson; (b) 4 are people who have experience as employers or members

of employers' groups; (c) 4 are people who have standing in the trade union

movement;

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(d) 3 are people nominated by the Minister; {e) one must have substantial experience as and be a member

of the council of a TAFE college; ( / ) one is nominated by the association of employees which the

Minister considers to represent the interests of the majority of TAFE teachers;

ig) one is the Chair of a council of further education established under the Post-Secondary Education Act 1978—

and one is the person holding the office of Chairman of the Victorian Post-Secondary Education Commission.

(2) A person nominated by a Minister of the government of the Commonwealth of Australia for the time being administering the Commonwealth Act known as the Employment, Education and Training Act 1988 is entitled to be present at meetings of the Board but must not vote on any matter.

(3) In recommending a person to the Governor in Council for appointment to the Board, the Minister must—

(a) endeavour to maintain a balance between the number of women and men on the Board; and

(b) ensure that the composition of the Board reflects both metropolitan and non-metropoUtan interests.

(4) A member of the Board is not, in respect of the office of member, subject to the Public Service Act 1974.

Terms and conditions of office of member

14. (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; or

(d) the member attains the age of 70 years.

(3) A member must in the exercise of his or her functions— (a) act honestly; and {b) exercise reasonable care and diligence; and (c) not make improper use of any information acquired as a

member of the Board; and

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(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 ofiice 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, TAFE teaching service, teaching service or with a statutory authority and whose travelUng 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 appUcable 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.

Acting members 15. (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 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 TAFE teaching 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).

Validity of acts or decisions of the Board 16. An act or decision of the Board is not invahd 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

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(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.

Deputy Chairpersons

17. The Governor in Council must appoint two Deputy Chairpersons of the Board of whom—

(a) one must be a member appointed under section 13(1) (b); and

{b) one must be a member appointed under section 13 (1) (c).

Meetings of the Board

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

(2) If the Chairperson is absent one of the Deputy Chairpersons elected by members present (or, if both Deputy Chairpersons are also absent, a member elected by the members present) must preside.

(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 tiie Chairperson or the Boai'd.

(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.

Staff 19. (1) Subject to the Public Service Act 1974, there shall be

appointed a General Manager of the Board and any other officers and employees that are necessary for the purposes of this Act.

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

Delegations

*20. (1) The Board may, by instrument under its common seal, delegate to a member of the Board, the council of a TAFE college, an industry training board, the General Manager or an officer or employee of the pubUc service appointed pursuant to section 19 or an officer of

* NOTE: Section 20 (1) will be amended on 1 July 1990 by s. 71 (1) of the Victoria University of Technology Act 1990.

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the TAFE teaching service appointed under Part III of the Post-Secondary Education Act 1978 any power or function of the Board, except this power of delegation.

(2) The Minister may by instrument in writing, delegate to the Board, any member of the Board, the General Manager or an officer or employee of the public service appointed pursuant to section 19 or an officer of the TAFE teaching service appointed under Part III of the Post-Secondary Education Act 1978 all or any of the Minister's powers or functions under this Act except this power of delegation and any po\yers or functions under sections 5(1), 6, 12(1) (b), 13 and 28.

(3) The General Manager may, by instrument in writing, delegate to any officer or employee of the public service appointed pursuant to section 19 or to the council of a TAFE college any of the General Manager's powers under this Act or Part III of the Post-Secondary Education Act 1978 or section 13 of the Teaching Service Act 1981.

(4) Without limiting the generality of sub-section (1) the Board may, by instrument under its common seal, delegate to the Victorian Post-Secondary Education Commission or a body established under section 15A of the Post-Secondary Education Act 1978 its powers and functions under section 74, 78 or 85 in relation to a specified type of post-secondary education course or a specified type of post-secondary education.

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

(6) The Board, the Minister or the General Manager may delegate a power or function even though the Board, Minister or General Manager 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.

Establishment of bodies to act as delegates of Board 21. (1) The Governor in Council may firom time to time by Order

estabUsh 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 subsection (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 estabUshed under sub-section (1) any of its powers and functions (except this power of delegation).

Immunity of Board members from suit 22. (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.

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

PART 3—TAFE COLLEGES

TAFE colleges

23. (1) The Governor in Council may, on the recommendation of the Board, by Order pubUshed in the Government Gazette—

(a) create a TAFE college; or (b) abolish a TAFE college; or (c) amalgamate one or more TAFE colleges; or (rf) change the name of a TAFE college—

and amend the Schedule by— (e) inserting the name of a new or amalgamated TAFE college;

or ( / ) removing the name of a TAFE college; or ig) changing the name of a TAFE college.

(2) The Board 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

(6) the Board has, by notice in a newspaper circulating generally throughout Victoria, called for submissions from any interested parties and considered those submissions.

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

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

(6) 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.

Incorporation of TAFE college councils

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

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

{b) amalgamate a council with another council; or (c) abolish a council; or

476


(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 iappointment of members of a council; or

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

(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 estabUshed by or under an Order in Council relating to the council;

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

(0 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 Board 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 Board has,, by notice in a newspaper circulating generally throughout Victoria, called for submissions from any interested parties and considered those submissions.

(3) A council established under sub-section (1)— (a) is a body corporate with perpetual succession; and (Z)) has a common seal; and (c) may sue and be sued in its corporate name; and (d) is capable of acquiring, holding, deahng 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.

^ (4) If two or more councils previously incorporated pursuant to this Act or the Post-Secondary Education Act 1978 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.

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(5) A change of name pursuant to an Order under sub-section (1) does not aflFect the identity of the coimcil 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.

Functions of TAFE college councils 25. (1) The functions ofthe council of a college are—

(fl) to oversee and manage the college eflSciently and effectively and to prepare periodic management plans for the college; and

(b) to provide the population of the area served by the college Avith efl&cient and eflFective technical and further education programs and services responsive to the needs of industry, students and the general community; and

(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; ( / ) Promote or assist drama, music or the visual arts.

Powers of TAFE college councils 26. (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.

(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;

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(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.

Accountability of TAFE college councils 27. (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.

Members of councils 28. (1) A council estabUshed under section 24 consists of not less

than 12 and not more than 20 natural persons— (a) of whom—

(i) not less than one quarter must be nominated by the Minister; and

(ii) if the college is declared by the Board to be responsible for State-wide training in an industry or industries for which an industry training board or boards has been established, not less than one quarter must be nominated by the industry training board or boards; and

(iii) if sub-paragraph (ii) does not apply, no less than one quarter must be people with knowledge of or experience in any industry in which training is provided in the college, appointed by the Minister on the recommendation of the members of the council who have been appointed; and

(iv) not less than one quarter must be people with knowledge of or experience in the community or any industry served by the college or in further education or with special skills or knowledge relevant to the council appointed by the council by co-option; and

(b) of the remaining members—

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(i) at least one must be elected by members of the teaching staff of the college; and

(ii) at least one must be elected by members of the non-teaching staff at the college; and

(iii) at least one must be elected by students of the college. (c) If an Order in Council relating to a college provides for the

principal or director of the college to be an ex oflBicio member of the council one must be the director or principal of the college.

(2) Before making a recommendation to the Minister under subsection (1) (a) (iii), the members must consult with the employer groups and employee associations determined by the Minister.

(3) The members of the council must not make a recommendation to the Minister under sub-section (1) (a) (iii) unless the recommendation has been endorsed by the Board.

(4) The membership of a council by a college director or principal under sub-section (1) (c) is not to be taken into account in calculating the proportions of membership in sub-section (1) (a) and (b).

(5) The number of members appointed under sub-section (1) (a) (iv) must not exceed the number of members appointed under subsection (1) (a) (i).

(6) In nominating or appointing members with knowledge or experience in industry under sub-section (1) (a) (ii) or (iii) the industry training board or the Minister must endeavour to ensure that there is a balance of members with knowledge or experience in unions and employer groups involved in the industry.

(7) Any person or body of persons nominating or appointing a person or persons to a council must endeavour to ensure a balance of women and men are represented on the council.

Terms and conditions of office of members 29. (1) The office of a member becomes vacant if—

(fl) 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

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.

(2) A member must in the exercise of his or her functions— (a) act honestly; and {b) exercise reasonable care and diligence; and

480


(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 meinber nominated by the Minister under section 28 (1) (a) (i) from ofiice at any time.

(4) The Governor in Council may remove a member elected or appointed to the council under section 28 (1) (a) (ii) (iii) or (iv)—

(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) (6) 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.

Proceedings of councils 30. 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.

Reserve powers of Minister 31. (1) Ifthe 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 negligently failed to comply with any provision of this

Act, a guideline issued by the Minister under Part 2 or any directions given to the 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; 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;

66817/90—16 481


( / ) 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 negligently failed to comply with a direction given under sub-section (1) (rf) the Minister may do any one or more of the things specified in sub-section (1) (e), (/)and(^).

Notice of proposal 32. (1) If the Minister proposes to exercise his or her powers under

section 31, the Minister— (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 ofthe notice; and

(ii) a report ofthe circumstances leading to the action; and (iii) a copy of any written submission made by the council.

Appointment of administrator 33. (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 ofthe college for the period and subject to the terms and conditions that are specified in the appointment.

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

482


(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 hot 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.

Saving of acts of council

34. Nothing done by a council is in any way abated or affected by the dismissal of the council or the appointment of an administrator under section 32 or 33.

College directors

35. A college director or principal— (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) ftinds are spent; and

(ii) staff are carrying out fiinctions; and (iii) the college is generally managed and administered—

in accordance with the requirements of this Act.

Immunity

36. (1) An action does not lie against a member of a council estabUshed 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 >yould lie against a member of a council except for sub-section (1) may be brought against the council.

.483


Reserve powers do not apply to certain colleges 37. (1) The provisions of sections 23, 24 and 28 to 34 and 36 do

not apply to the councils of the following colleges: (a) Royal Melbourne Institute of Technology Limited; (b) Swinburne Limited; (c) The School of Mines and Industries Ballarat Limited; (d) The Western Institute.

(2) The provisions of sections 23 and 24 do not apply to Gordon Technical College or the council of that college.

PART 4—INDUSTRY TRAINING BOARDS

Establishment or declaration of industry training boards 38. (1) On the recommendation of the Board, 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 Companies (Victoria) Code 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 Board must 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

ib) whether there is a balance of people with knowledge, experience or backgrounds in— (i) unions involved in the industry; and

(ii) employer groups involved in the industry; and (iii) other areas which the Minister considers to be relevant

to the functions of the board— on the governing body of the association or company.

Orders establishing industry training boards 39. (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 appointment or the terms and conditions of appointment of members of a board.

(2) An industry training board established under section 38 (1) ( f l ) -

(a) is a body corporate with perpetual succession; and (b) has a common seal; and

484


(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 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.

Revocation of orders 40. (1) On the recommendation of the Board, the Governor in

Council may by Order pubUshed in the Government Gazette— (a) abolish an industry training board established under section

38(1) (a); or (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 generaUty 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).

Functions of industry training boards 41. (1) The functions of an industry training board estabhshed

under section 38(1) (a) are— (a) to advise the State Training Board about skill requirements

for the industry it represents and the training arrangements necessary to meet those requirements;

(b) to develop periodic training plans for the industry; (c) to review and evaluate existing training programs to

determine whether they meet the training and skill requirements cf the industry;

(d) to develop and implement strategies to increase the resources that the industry is prepared to commit to training;

(e) to develop strategies to ensure that the industry applies equal opportunity principles in training;

( / ) to keep under review and advise the Board on pre-employment and retraining programs;

485


(g) to promote its activities within the industry; (h) to carry out any other function that is conferred on an

indiistry training board by or under this Act.

(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) On the recommendation of the Board, 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.

Powers of industry training boards 42. 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.

Members .43. (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 ajppointed by the Governor in Council on the recommendation of the Board.

(3) The Board must, in recommending members for appointment to a board established under section 38 (1) (a), endeavour to ensure that there is on the board—

(a) a balance between the number of women and men; and (b) a balance of people with knowledge, experience or

backgrounds in — (i) unions involved in the industry; and

(ii) employer groups involved in the industry; and (iii) other areas which the Minister considers to be relevant

to the functions of the board.

Terms and conditions of office of members 44. (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 reappointment. •

(2) The office of a member of a board estabUshed under section 38 (1) (a) 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

486


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

(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—

{a) act honestly; and (b) exercise reasonable care and diligence; and (c) not make improper use of any information acquired as a

member of an industry training boeird; and (d) disclose any conflict of interest or duties to the industry

training board. (4) The Minister may at any time on the recommendation of the

Board remove a member of an industry training board established under section 38 (1) (a) from office.

Immunity of board members from suit 45. (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.

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

PART 5—VOCATIONAL TRAINING


Definitions 46. In this Part—

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

"Approved training program" means a training program approved under section 51.

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

"Parent or guardian" means a parent or guardian of a trainee and (in any case where a trainee has no parent or guardian or no parent or guardian resident in Victoria and capable of acting) includes any person approved by the Board instead of a parent or guardian.

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

"Trainee" means—

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(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 agreement pursuant to a training program approved by the Board under section 51 and registered with the Board under section 69.

"Training" means training, whether by way of course of study, instruction or practical training, in the knowledge and skills required for a vocation in industry or commerce or in the service of a statutory authority established for a public purpose.

"Vocation" includes a trade or any branch of a trade and any occupation or branch of an occupation.

Binding of Crown

47. 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.

Inconsistency of other enactments 48. Nothing in any other Act or in any award limits or affects the

operation or effect of this Part and if any provision of that other Act or award is inconsistent with any provision of this Part, then the provision of this Part prevails.

Division 2—Declared Vocations

Declaration of vocations

49. (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.

(3) The Board must not make a recommendation under this section unless it has consulted with or received the advice of any industry training board concerned.

Board's approval required to conduct training programs 50. A person must not in any TAPE 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 TAPE institution established by or under an Act) without being registered under section 81; and

488


(b) without the approval of the Board. Penalty:

(c) in the case of a natural person—10 penalty units;

(d) in the case of a body corporate—50 penalty units.

Division 3—Training Programs

Approval of training programs 51. (1) The Board may determine that a specified training program

is an approved training program for a vocation. (2) A determination may specify—

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

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

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

{d) the standards of skill and knowledge to be attained by a. person undertaking the program; and

(e) the methods of assessing whether the required standards of skills and knowledge have been attained in the program; and

( / ) the credit to be given in the program for any qualifications, training or experience that a person undertaking a program has prior to entry to the program; and

(g) any requirement for a specified person or class of persons to enter into a training agreement before undertaking a training program and the form and content of that agreement and any requirement to lodge an agreement with the Board;

(h) any. requirement for a specified person or class of persons to enter into a contract of training before undertaking a training program.

(3) The Board must not make a determination under this section unless it has consulted with or received the advice of any relevant industry training board.

(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 program can be obtained.

Certificates for completion of approved training programs 52. The Board may issue, or arrange for the issuing of certificates

to people who have satisfactorily completed an approved training program, or part of an approved training program.

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Certificates for people who have the skill in a vocation

53. (1) A person who has not completed an approved training program 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 program, the Board may issue a certificate to that effect.

(3) The Board may charge a reasonable fee determined by the Board for an appUcation under this section.

(4) This section only applies to a vocation which the Board, after consulting with or receiving advice from any relevant industry training board, determines is a vocation to which this section applies.

(5) The Board may at any time, after consulting with or receiving advice from any relevant industry training board, revoke a determination under sub-section (4).

Division 4—Contracts of Training

Employment under a contract of training

54. (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 program 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 otiher Act which entitles the employee to work in that vocation; or

(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

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Vocational Education and Training Act 1990 . Act No. 45/1990 s. 55

after the person commences eihployment, 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) I f ^ • :. . . (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 idate the person commenced that employment whether the contract is executed under sub-section (3) or under section 59 (5).

Contracts of training need approval of Board 55. (1) An employer must not employ a person in a declared

vocation under a contract of training without the approval of the Board.

Penalty: (a) if the offendeir 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 the Board must have regard to the employer's ability to comply with the contract and without limiting the generality of the foregoing to all oi" 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— (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—

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

491

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(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.

Ratio of supervisors and trainees 56. (1) The Board may, after considering any advice of the relevant

industry training board, 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 determinaition under sub-section (1) may apply generally to a declared vocation or to a particular employer.

Employer's.obligations under a contract of training 57. (1) An employer who .employs a person under a contract of

training— (a) must train that person in accordance with the approved

. training program; and (b) must allow that person to comply with an approved training

program without hindrance if that program or any part of that program is conducted during normal working hours.

Penalty: (c) ifthe offender is a natural person—10 penalty units (d) ifthe offender is a body corporate—50 penalty units.

(2) If a trainee under contract of training attends an approved training program during normal working hours, that attendance shall be deemed to be attendance at work for the purposes of the Industrial Relations Act 1979 or an award or agreement made pursuant to that Act.

(3) Sub-section (2) does not apply if any contrary provision is made in a relevant award or agreement made pursuant to the Industrial Relations Act 1979.

Trainee's obligations under a contract of training 58. A trainee's obligations under a contract of training include the

obligation to comply with the requirements of an approved training program for the vocation the trainee is being trained in.

General provisions about contracts of training 59. (1) A contract of training in a declared vocation must be in the

form and contain the particulars approved by the Board. (2) The parties to a contract of training are the employer, the trainee

and ifthe trainee is under the age of 18 years, the parent or guardian of the trainee.

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Vocational Education and Training Act 1990 Act No. 45/1990 9.60

(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 being executed by the employer and trainee only.

(4) The Board must endorse its consent under sub-section (3) on the original contract 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.

(5) The employer must arrange for— (a) the contract to be executed by the parties and lodged with

the Board within 14 days after the trainee commences employment; and

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

and must retain a copy of the contract. 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.

Term of a contract of training-

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

(2) If the Board is satisfied that a trainee has the knowledge and skills required under a contract of training, it may reduce the term of the contract.

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

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

Termination of contract during probationary period .

61. (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 award.

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Vocational Education and Training Act 1990 62 Act No. 45/1990

(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 traimng is terminated under this section, the employer must, within 7 days of the termination, notify the Board in writing of the termination.

Penalty: (a) in the case of a natural person—1 penalty unit. (b) in the case of a body corporate—5 penalty units.

Cancellation, suspension or variation of a contract generally

62. (1) The parties to a contract of training may by mutual consent and with the approval of the Board—

(a) cancel the contract; or ip) suspend the contract; or (c) 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.

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

63. (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 nionth 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 lack of business or financial difficulties the Board may, on the application of the employer—

(fl) 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.

494


Board to determine grievances in certain circumstances

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

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

{b) the construction or operation of the contract; or

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

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

(2) The Board does not have power to determine any question or difference about any matter if an application has been made by or on behalf of a trainee under and in accordance with section 34 (7) of the Industrial Relations Act 1979.

(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; and

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

(c) if it decides that any provision of the contract of training was broken by the employer, order that the employei^ perform his or her duties under the contract or order that the contract be cancelled and may also order that the employer may not enter into a contract of training with another trainee for any period that it determines; 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 person who is practising as a barrister or soUcitor 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.

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Certain rights under Industrial Relations Act barred 65. A trainee—

(a) who has referred a matter to the Board under section 64; or (b) has had his or her contract oftraining cancelled under section

62, 63 or 64— does not have a right to a hearing under section 34 (5) of the Industrial Relations Act 1979 in respect of that matter or that cancellation.

Associations of employers may employ trainees

66. (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.

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

67. (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 oftraining 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.

Prohibition on premiums

68. (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 oftraining in a declared vocation; or

{b) inducing or attempting to induce any other person to employ a trainee under a contract oftraining in a declared vocation.

Penalty: 5 penalty units.

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(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

Register of trainees 69. 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 program

approved by the Board under section 51— which have been notified to the Board.

Travel subsidies 70. (1) The Board may cause to be paid (out of money made

available by Parliament for the purpose) to any trainee a subsidy towards the cost of travelling, accommodation and meals if he or she is required under an approved training program to attend a course of instruction at a place remote from the trainee's home or work.

(2) In this section "trainee" means— (a) trainee under a contract of training in a declared vocation;

or (b) a trainee engaged in an approved training program which is

endorsed by the Minister to be a program to which this section appUes.

Powers of entry and examination 71. (1) An officer or employee appointed pursuant to Part 2 and

authorised in writing by the General Manager to be an authorised officer under this Part may for the purposes of the execution of this Part—

(a) enter at all reasonable times any place where trainees are employed or where the officer has reasonable cause to beUeve that trainees are employed; and

(b) examine (either alone or in the presence of the occupier or employer or of his or her agent or employee) with respect to matters under this Part every person whom the officer finds in such place; and

(c) examine with respect to matters under this Part any person (whether found in any such place or otherwise) whom the officer has reasonable cause to believe to be or to have been within the preceding two months employed as a trainee; and

(d) require any such person to be so examined and to sign a statutory declaration as to the truth of any statements made

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• by him or her as to the matters respecting which he or she is so examined; and

(e) require the production of any documents relating to the employment of any trainee required to be kept under this or any other Act, and inspect and examine them and take copies or extracts from them; and

( / ) make any inquiries or do any acts that appear to be necessary to ascertain whether the provisions of this Part or the regulations are being or have been complied with.

(2) A person must not— (a) wilfully delay or obstruct an authorised officer in the exercise

of any power under this section; (b) conceal or attempt to conceal any person to prevent that

person appearing before or being examined by an authorised officer or in any other way prevent or attempt to prevent any person from so appearing or being examined; or

(c) refuse to be examined or to sign a statutory declaration when lawfully so required—

Penalty: iO penalty units. (3) A person must not assault or directly or indirectly intimidate

or attempt to intimidate an authorised officer. Penalty: 10 penalty units. (4) The General Manager must furnish an authorised officer with a

identification card bearing a recent photograph of the officer which must be produced on demand to the occupier or person apparently in charge of any building or place which an authorised officer intends to enter or enters in the course of his or her duty under this Part.

Regulations 72. (1) The Governor in Council on the recommendation of the

Board may make regulations for or with respect to the following matters: (a) Authorising the Board to impose fines not exceeding $100

upon trainees for breaches of contracts of training and requiring employers to deduct the amount of the fine from the trainee's wages and to pay the amounts deducted to the Board; and

(b) Generally prescribing any other matter or thing necessary to be prescribed to give effect to this Part.

(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.

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PART 6—ACCREDITATION OF AND APPROVAL TO DELIVER COURSES



"Accreditation" means accreditation that—7 (a) the contents and standards of a course are appropriate

to the award (if any) to which it leads; and (b) the course and methods adopted in delivering it are

likely to achieve the purposes of the course. "Course of study" means a study program in vocational

education and training— (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 study program in vocational

education and training which leads to a qualification which the Board recognises as a statewide qualification.

"State Register of Accredited Courses" means the State Register of Accredited Courses maintained by the Victorian Post Secondary Education Commission under section 36 of the Post Secondary Education Act 1978.

Division 2-^Accreditation of courses

Investigation of courses by Board 74. (1) The Board may. investigate any vocational education and

training course to determine whether— (a) it should be registered as accredited; or (b) it should be noted on the State Register of Accredited

Courses as being equivalent to the whole or a part of an accredited course.

(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) it should be noted on the State Register of Accredited

Courses as being equivalent to the whole or a part of an accredited course.

(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

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(b) it should continue to be noted on the State Register of Accredited Courses as being equivalent to the whole or a part of an accredited course.

(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.

(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).

Vocational Education and Training Accreditation Board

75. (1) The Governor in Council may, on the recommendation of the Board, by Order published in the Government Gazette, estabUsh 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; and (b) to report and make recommendations to the Board in

relation to vocational education and training 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 (vi) measures to promote co-ordination and linkages with

courses offered by other sectors of education and by industry;-and

(c) to monitor the accreditation procedures of industry training accreditation boards and other persons and bodies exercising accreditation functions under this Act and to advise the 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 or 78 that are delegated to it under this section.

(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 Board.

(4) One member must be appointed as Chairperson.

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(5) When recommending members of the Accreditation Board, the Board must—

(a) so far as it is able to do so, ensure that the Accreditation Board reflects the range of interests included in vocational education and training; and

(b) endeavour to maintain a balance between the number of women and men on the Accreditation Board.

(6) The Governor in Council may in any Order made under subsection (1)—

(a) make any provision the Governor in Council thinks fit with resipect 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 by instrument in writing delegate to the Accreditation Board any of the Board's powers under section 74 or 78.

Industry training accreditation boards 76. (1) The Governor in Council may, on the recommendation of

the Board, 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 which the accreditation board is established; and

{b) to exercise any of the Board's powers under section 74 or 78 that are delegated to it under this section.

(3) When recommending members of an accreditation board, the Board must, so far as the Board 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 a balance of members with knowledge, backgrounds or experience in unions and employer groups involved in industry relevant to the accreditation board.

(4) The Board must not make a recommendation under sub-section (3) unless it has consulted with any relevant industry training 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.

501


(6) The Governor in Council may in any Order made under subsection (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.

(7) The Board may by instrument in writing delegate to any board established under sub-section (1) any of the Board's powers under section 74 or 78.

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

77. (1) The Board may, either generally or in relation to a specified class of yocational 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 fi-om time to time vary or revoke a declaration made by it under sub-section (1).

Recommendations for accreditation of courses 78. (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

(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.

(2) If the Board receives advice under sub-section (1) the Board must advise the Victorian Post-Secondary Education Commission that the course should be registered as accredited on the State Register of Accredited Courses or struck off the Register (as the case requires).

(3) The Board may advise the Victorian Post Secondary Education Commission that a course—

(a) should be registered as accredited on the State Register of Accredited Courses or struck off the Register; or

502


{b) should be noted on the Register as being equivalent to the whole or a specified part of an accredited course or that the note should be removed from the Register—

whether or not the course has been investigated under section 74.

Division 3—Approval for delivery of courses

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

Offences by unregistered persons 80. (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 unless the person or body—

(a) isregisteredunder section 81; or (b) is an institution specified in Schedule 1 or 2 to the Post-

Secondary Education Act 1978;or (c) is a TAFE college; or (d) is the Victorian College of Agriculture and Horticulture; or (<?) 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 in particular circumstances unless the person or body—

503


(a) is registered under section 81 to provide courses in those circumstances; or

(b) is an institution specified in Schedule 1 or 2 to the Post-Secondary Education Act 1978; or

(c) is a TAFE college; or (d) is the Victorian College of Agriculture and Horticulture; or {e) is the Council of Adult Education.

Penalty: (a) in the case of a natural person—10 penalty units; (b) in the case of a body corporate—50 penalty units.

Registration of non-college providers of vocational education and training

81. (1) Any person or body that provides or proposes to provide any vocational education or training 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 (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 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;

(/) Class sizes; (g) Student contact hours; (A) Curriculum; ({) Premises, equipment, materials and resources; (j) Course nomenclature; (A:) Qualifications and experience of staff; (/) 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;

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ip) Market demand for places in the course; • (g) The ability of TAFE institutions or any other provider of

vocational education and training courses to provide similar courses;

(r) The demand for skills provided by the course; (s) The cost of the course; (0 The abiUty 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 determing whether to suspend or cancel a registration the Board may have regard to all or any of the matters mentioned in subsection (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).

Offences 82. 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 36 of the Post-Secondary Education Act 1978 unless—

(a) the person or body is an institution specified in Schedule 1 or 2 to the Post-Secondary Education Act 1978; or

(b) the person or body is a TAFE college; or (c) the person or body is the Victorian College of Agriculture

and Horticulture; or (rf) 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. Penalty:

(a) in the case of a natural person—10 penalty units; (b) in the case of a body corporate—50 penalty units.

505

Vocational Education and Training Act 1990 .83 Act No. 45/1990

Approval to deliver accredited courses 83. The Board may approve any person or body that is registered

under section 81 to provide a vocational education and training course that is registered as accredited under section 36 of the Post-Secondary Education Act 197S.

Register of providers 84. The Board must establish and maintain a register of providers

of vocational education and training 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

Endorsement of courses for overseas students 85. (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;

( / ) Class sizes; (g) Student contact hours; {h) Curriculum; (/•) Premises, equipment, materials and resources; (J) Course nomenclature; {k) Qualifications and experience of staff; (/) 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; (q) Any other matter relating to the management or operation

of the institution.

506


(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.

(8) The Minister must notify the Minister of the Commonwealth for the time being administering the Act of the Commonwealth known as the Higher Education Funding Act 1988 as soon as practicable of an endorsement under sub-section (I) 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 (t) of the Education Act 195S; OT

(b) endorsedunder section 135 (1) of the Po5/-5econfifa/7 Education Act 1978.

"education institution" includes any organisation or body which is established for private or commercial purposes providing or offering any course.

PART 7—PRACTICAL PLACEMENT


"Arrangement" means an arrangement in writing made by the council of a TAFE college with an employer with a view to providing a student with practical placement.

"College year", in respect of any college, ineans that portion of the year beginning with the first, day on which the college is open in that year and ending with the last day on which the college is open in that year.

"Disabled student" means a student who is suffering from an impairment.

"Impairment" means—

507 '


(a) total or partial loss ofa bodily function; (b) total or partial loss of a part of the body; or (c) malfunction of a part of the body.

"Law" includes an award and any provision which restricts the employment of persons who are not trainees in declared vocations.

"Malfunction of a part of the body" means— (a) a mental or psychological disease or disorder; or (b) a condition or malfunction as a result of which a person

learns more slowly than persons who do not have that condition or malfunction.

"Practical placement" means the placement of a student with an employer for the purpose of providing work experience.

"Student" means a person enrolled at a TAPE college in a course of study which is equivalent to the eleventh or twelfth year of education.

"Trade" includes process, trade, business and occupation and any branch or branches thereof

"Young person" means a person of or over the age of 15 years and under the age of 21 years.

Exemption of practical placement from laws prohibiting or regulating employment of young person.

87. (1) Subject to this Part any Act or law relating to the prohibition or regulation of the employment of young persons does not apply to the employment of a young person who is a student at a college and—

{a) who is in the course of study which is equivalent to the eleventh or twelfth year of education; and

(b) who is employed pursuant to an arrangement. (2) If any Act or law prohibits the employment or regulates the

working conditions in any specified trade— (a) of persons of less than or not more than a specified age

expressed as a number of years; or {b) of females—

then sub-section (1) shall not be taken to permit the employment of any person contrary to that Act or law.

Conditions of employment 88. (1) The employment of students pursuant to arrangements is

subject to the following conditions: (a) A student must not be employed pursuant to this Part for

more than 30 days during any college year and not inore than ten days during any college term;

508


(b) A student must not in any college year be employed more than once by the same employer in respect of the same type of employment;

(c) An employer must not at any time employ more than the number of students which the employer is permitted to employ by the Board for the purposes of this section;

(d) The period of employment in respect of any arrangement must not exceed a total often consecutive days;

{e) The full period in respect of the employment is a period faUing within the college year.

(2) An arrangement— {a) may be varied or amended by a further arrangement; and (b) may be cancelled at any time by notice in writing—

(i) given by the employer to the governing body of the college; or

(ii) given by the governing body of the college to the employer.

(3) The Board, with the authority of the Minister, may suspend the • operation of all or any of the conditions of employment in paragraphs (a), (b), (d) and (e) of sub-section (1) with respect to any disabled student.

(4) A suspension made under sub-section ( 3 ) ^ (a) must be in writing under the seal of the Board; (b) may be given with respect to any specified disabled student

or any specified group or class of disabled students; (c) may operate for a specified time or indefinitely; and (d) may be varied or revoked by the Board.

Duty of care 89. The council of a TAFE college or a teacher (including the

principal or director of a college) shall not have or be deemed to have cast upon that council or teacher any duty as such relating to the care or control of a student while that student is employed pursuant to an arrangement, and no action shall lie against any council or teacher on the ground of a breach of such a duty.

Payment 90. (1) The minimum rate of payment to a student employed

pursuant to the arrangement is, despite anything to the contrary in any Act or law, the minimum rate of payment as is fixed by Order in Council.

(2) If the arrangement is for employment with an organization which is engaged wholly or mainly in an educational, charitable or community welfare service not conducted for profit, then, if the student

509


determines that the whole of the payment will be donated back to the organization, the determination of the student to donate back the payment may be stated in the arrangement.

Federal awards

91. An arrangement authorising a student to be employed in an employment which is affected by an award or industrial agreement made under the Commonwealth Industrial Relations Act 1988, as amended from time to time, must not be made until the secretary of the Victorian Trades Hall Council has first been consulted.

PART 8—MISCELLANEOUS

Proceedings for offences

92. (1) An officer or employee appointed pursuant to section 19 authorised in writing either generally or in a particular case by the General Manager may take proceedings for an offence against this Act.

(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).

Evidentiary

93. (1) In any proceedings for an offence under this Act a certificate signed by or on behalf of the General Manager 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 program 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

(iii) under section 55, to employ a person in a declared vocation under a contract of training; 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.

510


(2) A certificate signed by or on behalf of the General Manager 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.

Regulations 94. (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.

PART 9—SAVINGS, REPEAL AND AMENDMENTS

Division 1—Savings Provisions

Abolition of authorities 95. (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 estabUshed 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 aboUshed 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 aboUshing a former authority—

(a) all rights, property and assets that, immediately before that commencement, were vested in the former authority are,

511


by force of this sub-section, vested in the State Training Board; and

(b) all debts, liabiUties and obUgations 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 witih 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 fiinctions 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-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.

Continuation of existing orders

96. (1) On the commencement of this section— (a) an Order in Council made under section 23 or 25 of the

Post-Secondary Education Act 1978 continues in operation in all respects as if it had been made under section 24; and

(b) a council incorporated by such an Order shall be deemed to be a council incorporated under section 24.

(2) The Board must, within 12 months or any further period fixed by the Minister in respect of a particular council, review every Order in Council continued in operation by sub-section (1).

512


Trades, apprenticeships and training agreements. 97. 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 bieen 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 apprenticeshii) 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 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.

Division 2—Amendments to Post-Secondary Education Act 1978

Amendments to Post-Secondary Education Act 1978 98. (1) The Post-Secondary Education Act 1978 is amended as NO. 9145.

follows: (a) In section 2—

(i) the definition of "Accreditation Board" is repealed; and (ii) after the definition of "Commissioner" insert—

"Further education" means that part of technical and further education which is not vocational education and training within the meaning of the Vocational Education and Training Act 1990 and which is not provided or offered by a university or autonomous college; and

(iii) after the definition of "Regulations" insert— ' "State Training Board" means the State Training

Board estabhshed under Part 2 of the Vocational Education and Training Act 1990.'; and

(iv) the definition of "Technical and Further Education Board" is repealed; and

(v) in the definition of "Technical and further education college" for "Schedule 3" substitute "the Schedule to the Vocational Education and Training Act 1990"; and

66817/90—17 513


(vi) in the definition of "Technical and further education institution" before "school" insert "university,";

(b) Section 18 (5) is repealed; (c) In section 22 for "Technical and Further Education Board"

(wherever occurring) substitute "State Training Board".

(2) Before section 23 of the Post-Secondary Education Act 1978

inser t -

Definition

"23A. In this Division "Post-secondary education institution" does not include a technical and further education college.".

(3) The Post-Secondary Education Act 1978 is amended as follows: (a) After section 28(1) insert—

"(1A) In sections 29, 32, 33 and 35 "course of study" does not include a course of study in vocational education and training within the meaning of the Vocational Education and Training Act 1990.";

(b) Section 31 is repealed; (c) In section 32(1)—

(i) for "Accreditation Board" substitute "Commission"; (ii) omit "with the approval of the Commission"; (iii) for "Board" (where second occurring) substitute

"Commission"; (d) In section 32 (2) for "Accreditation Board" substitute

"Commission"; and {e) Section 32 (3) is repealed;

( / ) In Schedule 2— (i) after "Swinburne Limited" insert "The Western

Institute"; and (ii) for "Wamambool" substitute "Warmambool".

New section 33 substituted

99. For sections 33 and 34 of the Post-Secondary Education Act

1978 substitute-

Investigation of courses by Commission

"33. (1) The' Commission may investigate any course of study or any course in further education to determine whether it should be registered as accredited or continue to be registered as accredited.

(2) If the Commission investigates a course under sub-section (1) it must prepare a written report on the content and educational standard of the course.

514


(3) The Commission may charge a reasonable fee for an investigation under this section.".

Accreditation 100. The Post-Secondary Education Act 1978 is amended as follows:

(a) Section 35 (2) is repealed; (b) In section 36 (2) (a) omit "The Accreditation Board or"; (c) In section 36 (2) (b) for "Accreditation Board or a technical

and further education institution under section 127" substitute "State Training Board under section 78 of the Vocational Education and Training Act 1990";

(d) In section 36 (3) (c) for "Accreditation Board or a technical and further education institution advises under section 127" substitute "State Training Board advises under section 78 of the Vocational Education and Training Act 1990";

(e) Section 36 (4) is repealed.

Consequential amendments 101. In the Post-Secondary Education Act 1978—

(a) for the heading preceding section 40 substitute—

"Division 1—Definitions" ;and

(b) in section 40-— (i) after the definition of "Award" insert ' "General

Manager" means the General Manager of the State Training Board.'; and

(ii) the definition of "Board" is repealed; and (c) sections 41 to 60 are repealed.

New Division 2 of Part III inserted 102. (1) For Division 2 of Part III of the Post-Secondary Education

^ c n 978 substitute—

"Division 2—Further Education"

Regions "41. The Minister may establish regions for the

administration of further education in Victoria."

Regional councils "42. The Minister must appoint a council of further

education for each region established under section 41."

515

Vocational Education and Training Act 1990 s. 102 Act No. 45/1990

Functions of regional councils "43. (1) The functions of a council of further education

include but are not limited to the following: (a) To provide advice and to prepare reports for the

Minister; (b) To develop poUcies for further education for the region; (c) To advise on strategies or mechanisms to ensure that

the provision and development of further education in the region are consistent with the policies of the government;

(d) To identify the requirements for and needs of further education in the region and to develop strategies with users and providers of further education for meeting those requirements and needs;

(e) To advise the Minister about the allocation of resources for providing further education in the region;

( / ) To advise the Minister on the effectiveness of further education activities in the region;

(g) To consult with relevant persons groups and organisations including the State Training Board and councils of TAFE colleges to determine the priorities for further education in the region;

(h) To participate in setting statewide priorities and policies.

(2) A council must initiate and develop contact with other education and training organisations in the region."

Accountability "44. A council of further education must perform its

functions subject to— (a) any economic and social objectives estabhshed from

time to time by the Government of Victoria; and (b) the general direction and control of the Minister; and (c) any guidelines issued by the Minister on any matter

relating to the operations of councils or to further education in Victoria."

Membership of regional councils "45. (1) A council of further education consists of 12 part-

time members appointed by the Minister. (2) The Minister must consult with any community, or other

group or organisation in a region that the Minister thinks appropriate concerning the membership of a council of further education for that region.

(3) In appointing members of a council, the Minister^—

516


(a) must consider any advice given in a consultation pursuant to sub-section (1), and ensure that the council represents— (i) the interests and views of users and providers of

further education in the whole of the region; (ii) the demographic constitution of the region; and

(b) must endeavour to obtain a balance between the number of men and women on the council.

(4) The members of a council may co-opt, for a period not exceeding one year, not more than two members who are entitled to be present at meetings of the council but must not vote on any matter.".

Terms and conditions of office of members "46. (1) A member holds office for the term not exceeding

2 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 council 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 (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.

(4) A member may resign his or her office in writing deUvered to the Minister.

(5) The Minister may remove or suspend a member fi^om office.

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

517


Meetings of a council "47. (1) A council of further education must have a Chair

and a Deputy Chair elected by members of the council. (2) The Chair must preside at any meeting at which he or

she is present. (3) If the Chair is absent a deputy Chair must preside. (4) Subject to this Act and any guidelines issued by the

Minister, the council may regulate its own proceedings.". (2) Divisions 5 and 5A of Part III, section 130 (3), (4), (5), (6) and

(7), Part IV and Schedule 3 of the Post-Secondary Education Act 1978 are repealed.

Accreditation or endorsement of courses 103. After section 15 (2) of the Post-Secondary Education Act 1978

insert— "(3) Without limiting the generality of sub-section (1), the

Commission may by instrument in writing delegate to the State Training Board, the Vocational Education and Training Accreditation Board or an industry training accreditation board established under the Vocational Education and Training Act 1990 or a body established under section 21 of that Act its powers and functions under section 33 in relation to a specified type of post-secondary education course or a specified type of post-secondary education institution.

(4) Without limiting the generality of sub-section (1), the Commission may by instrument in writing delegate to the State Training Board its powers and functions under section 38 in relation to a specified type of post-secondary education course or a specified type of post-secondary education institution.

(5) The Minister may by instrument in writing delegate to the General Manager of the State Training Board any of the Minister's powers and functions under Divisions 3 and 4 of Part III.".

Overseas students 104. In section 135 of the Post-Secondary Education Act 1978—

(a) for sub-section (1) substitute— "(1) The Minister may endorse any course of study

(other than a technical and further education course) provided by a post-secondary education institution specified in Schedule 1 or 2"; and

(b) for sub-section (10) substitute— . "(10) The Minister may, by instrument in writing,

delegate to the Commission, the State Training Board or a body estabUshed under section 21 of the Vocational

518


Education and Training Act 1990 the Minister's powers under this section (except this power of delegation) in relation to a specified type of post-secondary education course or a specified type of post secondary education institution.".

TAPE Teaching Service 105. The Post-Secondary Education Act 1978 is amended as follows:

(a) In sections 64 (1) (2) (3) and (5), 68 (1), (2) (a) and (6), 69 (1), 72 (a) and {b), 74 (I) (b), 84 (2), 85 (1) and (2), 86 (1) (2), (3), (4) and (5), 88 (1), 89 (1), 90 (1) and (2), 91 (1), (2). (3), (4), (5) and (6), 92 (2), 93 (2), 94, 97 (1), 103 (3), 104 (2), (3), (5), (6) and (7), 105, 107 (6c) and (13), 108 (1) and (4), 111 (1) and (2), 114, 116, 117 (1) and (2), 119 (2), (3), (4) and (5) for "chairman of the Board" (wherever occurring) substitute "General Manager"; and

(b) In section 84 (1) for "Chairman of the Board" substitute "General Manager"; and

(c) In sections 64 (5), 68 (2) (a), 69 (1), 70 (1) and (2), 85 (1), (2) and (3), 86 (5), 87, 88 (2), 91 (2), (3), 94, 104 (2), 108 (2), 115, 117 (2), 119 (2) (a) and (b) for "chairman" (wherever occurring) substitute "General Manager"; and

(d) In section 84 (1) for "Chairman" substitute "General Manager"; and

(e) In section 65 (3) before ", and section 66" insert "and as if the reference to chairman of the Technical and Further Education Board were a reference to the General Manager"; and

( / ) In section 65 (3) (b) for "Schedule 3" substitute "the Schedule to the Vocational Education and Training Act 1990"; and

(g) In section 67 (1) (c) (i) for "Schedule 3 after the appointed day" substitute "the list in the Schedule to the Vocational Education and Training Act 1990"; and

(h) In sections 74 (1) (a), (2) and (2B), 104 (8), 107 (3) (a) and (b), (3A) (3B), (6B), (7), (8) and (12), 108 (3), and 119 (1) for "chairman of the Technical and Further Education Board" (wherever occurring) substitute "General Manager"; and

(/) In sections 107 (6A) and 118 (2) for "Chairman of the Technical and Further Education Board" substitute "General Manager".

Statute Law Revision

106. The Post-Secondary Education Act 1978 is amended as follows: (a) In sections 64 (3) and 64 (4) for "Director-General of

Education" substitute "Chief Executive, Ministry of Education";

519

Vocational Education and Training Act \99Q S.107 Act No. 45/1990

{b) In sections 72 (a) for "Education Department" substitute "Ministry of Education";

Division 3—Amendments to Employment and Training Act 1981

Amendments to Employment and Training Act 1981 No 9678. 107. The Employment and Training Act 1981 is amended as follows:

(a) In section 2 the definition of "Training" is repealed; and {b) In section 4 (2) {a), sub-paragraphs (i) and (ii) are repealed;

and (c) In section 4 (2) (a) (vi) omit "and training"; and {d) In section 5(1) omit "and training"; and {e) In section 8 (c)—

(i) for "Employment Committee," substitute "Employment Committee or"; and

(ii) omit "or the Industrial Training Commission"; and ( / ) For section 16 (2) (b) and {c) substitute—

"(ft) one shall be the person for the time being holding the office of General Manager under section 19 of the Vocational Education and Training Act 1990;

(c) one shall be a person nominated by the Minister responsible for the Vocational Education and Training Act 1990 with expertise in vocational education and training;"; and

ig) In section 16 (7) omit "and training" (wherever occurring); and

{h) In section 17A— (i) the definitions of "Apprentice" and "Industrial Training

Commission" are repealed; and (ii) after the definition of "Remuneration" insert—

' "State Training Board" means the State Training Board established under Part 2 of the Vocational Education and Training Act 1990.

"Trainee" means a trainee under— (a) a contract of training; or (ft) a training agreement in a training program

approved under section 51 of the Vocational Education and Training Act 1990 and endorsed by the Minister as a program in which rebates under this Act are payable—

registered under section 69 of that Act.'; and (/) In section 1 7B (1)—

(i) for "an apprentice" (where twice occurring) substitute "a trainee"; "and

520

Vocational Education and Training Act 1990 Act No. 45/1990 S.108

(ii) for "that apprentice" substitute "that trainee"; and 0 ) In section 17B (2) (a)—

(i) for "Industrial Training Commission" substitute "State Training Board"; and

(ii) for "apprentice" substitute "trainee"; and (k) In section 17B (3) (b) for "apprentice" substitute "trainee";

and (/) In section 17B (4) for "apprentice" substitute "trainee"; and

(m) In section 17BA(I)— (i) for "an apprentice" (where twice occurring) substitute

"a trainee"; and (ii) for "that apprentice" substitute "that trainee"; and

(ri) In section 17BA (2) (a)— (i) for "Industrial Training Commission" substitute "State

Training Board"; and (ii) for "apprentice" substitute "trainee"; and

(o) In section 1 7BA (3) (b) for "apprentice" substitute "trainee"; (p) In section 1 7BA (4) for "an apprentice" substitute "a trainee";

and (q) Section 19 is repealed.

Division 4—Repeal and Amendments

Repeal of Industrial Training Act 1975 108. The Industrial Training Act 1975 is repealed.

Amendments to Accident Compensation Act 1985 109. Inthe Accident Compensation Act 1985—

(a) In section 5 (1) for the definition of "Apprentice" substitute— ' "Apprentice" except in section 16 means a trainee within

the meaning of section 46 of the Vocational Education and Training Act 1990.'.

{b) In section 5 (1) in the definition of "Remuneration" for paragraph (z) substitute— "(0 remuneration paid or payable to a student at a technical

and further education college specified in the Schedule to the Vocational Education and Training Act 1990 in respect of employment pursuant to an arrangement within the meaning of Part 7 of that Act.";

(c) In section 5 (1) in the definition of "Worker" for paragraph (e) substitute— "(e) where a student at a technical and further education

college specified in the Schedule to the Vocational

521

No. 8706.

No. 10191


Education and Training Act 1990 is employed pursuant to an arrangement within the meaning of Part 7 of that Act—that student whilst so employed."; and

(d) In section 17 (2) for "Industrial Training Act 1975" substitute "Vocational Education and Training Act 1990"; and

(e) In section 180A (1) and (2)— (i) for "Employment and Training Act 1981" substitute

"Vocational Education and Training Act 1990"; and (ii) for "apprenticeship" substitute "training".

Amendment to Building Control Act 1981

NO.9720 110. In section 85 (1) of the Building Control Act 1981, for the definition of "Apprentice" substitute—

' "Apprentice" means a trainee within the meaning of section 46 of the Vocational Education and Training Act 1990 in a plumbing trade or a trade referred to in sub-section (2) (a), ib)OT(c):.

Amendments to Dental Technicians Act 1972 N0.8366 111. In the Dental Technicians Act 1972—

(a) In section 3 (1) (^) for "Employment and Training Act 1981" substitute "Vocational Education and Training Act 1990"; and

(b) In section 33 (2) for "indentures of apprenticeship under the provisions of the Apprenticeship Act 1958 and acting in accordance with the indentures" substitute "and in accordance with a contract of training under the Vocational Education and Training Act 1990".

Amendment to Education Act 1958

No 6240 112. For section 64M (4) of the Education Act 1958 substitute—

"(4) If a pupil is or is to be employed in a declared vocation within the meaning of section 46 of the Vocational Education and Training Act 1990, section 54 (1) of that Act does not apply to the employment of that pupil if the total period of that employment (including employment not made pursuant to an arrangement) in any school term does not exceed 12 days.";

Amendments to Industrial Relations Act 1979 No. 9365 113. In the Industrial Relations Act 1979, in sections 12 (a), 22 (1)

and 22 (7) for "the Industrial Training Act 1975" substitute "Part 5 of the Vocational Education and Training Act 1990".

522


Amendments to Labour and Industry Act 1958

114. In section 10 of the Labour arid Industry Act \95S— NO.6283

(a) in paragraph (c) omit "and training and apprenticeship"; and

{b) paragraph ( / ) is repealed.

Amendments to Occupational Health and Safety Act 1985

115. In section 4 of the Occupational Health and Safety Act 1985— NO. IOI9O

(a) in the definition of "Employee" for "apprenticeship" substitute "under a contract of training"; and

(b) in the definition of "Employer" for "apprenticeship" substitute "under contracts of trainiiig".

Amendments to Pa>'-ro//Jox/^cr 1971 116. In section 10 of the Paj '-ro//rax ^cM 971— NO.8154

(a) In sub-section (2) for " 4 3 A of the Industrial Training Act 1975" substitute "69 of the Vocational Education and Training Act 1990"; and

(b) In sub-sections (2) and (3)— (i) for "Employment and Training Act 1981" substitute

"Vocational Education and Training Act 1990"; and (ii) for "apprenticeship" substitute "training".

Amendments to State Electricity Commission Act 1958

117. In sections 47 (1A) and 55 (3A) of the State Electricity Nora?? Commission Act 1958 for "Industrial Training Act 1975" substitute "Vocational Education and Training Act 1990".

Amendments to Teaching Service Act 1981

118. In the Teaching Service Act 1981— NO.9?U

(a) In section 2 after the definition of "Regulations" insert—

' "State Training Board" means the State Training Board established under the Vocational Education and Training Act 1990:, and

(b) In section 13(1)— (i) for "education service" substitute "education teaching

service"; and (ii) for "Chairman of the Technical and Further Education

Board" substitute "General Manager of the State Training Board"; and

(c) In section 13 (2) for "Chairman" substitute "General Manager";

523


{d) After section 76(1) insert— "(1A) The Minister may by instrument delegate to the

General Manager of the State Training Board all or any of his or her powers or functions under section 12 in respect of the technical and further education teaching service."

ie) In section 76 (2) and (5) after "(1)" insert "or (U)".

Amendment to Teaching Service Act 1983

No. 10029 119. In section 5 (1) (J) of the Teaching Service Act 1983 the definit ion of "Technical and Further Education Board" is repealed.

Amendment to Transport Accident Act 1986

No.111/86 120. In section 3 (1) of the Transport Accident Act 1986 for the definit ion of "Apprentice" subs t i t u t e—

' "Apprentice" m e a n s a person w h o is a t ra inee wi th in the meaning of section 46 of the Vocational Education and Training Act 1990'.

524

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

SCHEDULE Batman Automotive College of Technical and Further Education Box Hill College of Technical and Further Education Broadmeadows College of Technical and Further Education Dandenong College ofTechnical and Further Education East Gippsland Community College ofTechnical and Further Education Flagstaff College ofTechnical and Further Education Fpotscray College ofTechnical and Further Education Frankstoh College ofTechnical and Further Education Gordon Technical College Goulbum Valley College ofTechnical and Further Education HolmesglenCoUege of Technical and Further Education Loddon-Campaspe College ofTechnical and Further Education Melbourne College of Decoration Melbourne College of Printing and Graphic Arts Melbourne. College of Textiles Moorabbin College ofTechnical and Further Education Newport College ofTechnical and Further Education Northern Metropolitan College ofTechnical and Further Education Outer Eastern College ofTechnical and Further Education Prahran College ofTechnical and Further Education Richmond College ofTechnical and Further Education Royal Melbourne Institute of Technology Limited Southwest College ofTechnical and Further Education Sunraysia College ofTechnical and Further Education Swinburne Limited The School of Mines and Industries Ballarat Limited The Western Institute Wangaratta College of Technical and Further Education William Angliss College Wimmera Community College ofTechnical and Further Education Wodonga College ofTechnical and Further Education Yalloum College ofTechnical and Further Education

NOTES

1. Minister's second reading speech—

Legislative Assembly: 5 April 1990

Legislative Council: 17 May 1990

2. 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.".

525

INDEX

Subject Section

Accreditation of courses

by colleges .. 77 generally industry training accreditation boards investigation .. offences

9, 73, 74, 77, 78, 82 .. • 76 . 74

. . 8 2 Vocational Education and Training Accreditation Board .. 75

Administrative Appeals Tribunal .. 81,85

Administrator of TAFE college 31-34

Apprentice—see Trainee definition .. . . 46

Apprenticeship—see Contracts of training

Approval to deliver non-college providers 83

Authority to conduct TAFE colleges and institutions 79

Award 3,48,57,61,91

Commencement .. .. 2

Contracts of training assignment cancellation .. content employer associations employer's obligations under. employment .. exemption form of grievances Industrial Relations Act 1979. offences orders of Board parties to premiums prohibited probationary period . . register of trainees supervision .. suspension term of termination .. trainee's obligations .. variation of ..

Councils of further education

. . 67 . 62-65 59 66 57, 59 54,55 54 59 64, 65 57, 64,65 54, 55, 57, 59, 61,64, 68 63, 64 59 68 61 69 56 62-64 60 61 58 62,63

. 3 , 9

Courses access to accreditation of non-college providers TAFE colleges and institutions

Crown

4,9, 25 73-78 80-84 79, 80, 82

. 47

526

INDEX—continued

Subject Section

Declared vocation declaration definition exclusion of .. trade specification training in ..

Definitions accreditation.. apprentice approved training program arrangement .. award Board college year .. council of further education .. course course of study declared vocation disabled student education institution.. further education government office impairment . . law .. malfunction of a part of the body parent or guardian practical placement . . prescribed State Register of Accredited Courses . statewide course student TAPE TAPE college TAPE institution technical and further education trade. . trainee training vocation vocational education and training young person

Delegate bodies

49 46 49 49 50, 54-72

73 . 4 6

46 86 3 3 86 3 85 73 46 86 85 . 3 3 86 86 86 46 86 3 73 73 86 3 3 3 3 46, 86 46 46 46 3 86 21

Delegations by General Manager . . , . 20 by Minister .. ., 20 by State Training Board 20,21,75,76 by TAPE college councils .. 24

Determinations of Board 51,56,64

Exempt colleges .. .. 37 Further education.. . . 3, 9, 10 General Manager

appointment.. . . 19 delegation by.. 20

527

INDEX—continued

Subject

Guidelines of Minister of State Training Board

Immunity..

Industrial Relations Act 1979

Industry training accreditation boards

Industry training boards abolition bodies corporate declaration of directions to .. establishment functions and powers guidelines for immunity members performance agreements

Industry training plans

Legal proceedings Minister

delegation by.. directions of . . guidelines of.. reserve powers

Objects

Offences . .

Overseas students . . .

Performance agreements .. Powers of entry Practical placement

conditions definition disabled students duty of care .. employment under federal awards not prohibited payment

Provider registration

Purposes ..

Register providers trainees

Regulations Reserve powers of Minister

State Register of Accredited Courses

Section

5,7 56,81,85

22, 36,45

3, 57, 64,65

76

40 39 38,40 6,7 38,39 38,41,42,49,51,53,81 5,7 45 38,43,44 6, 10 41

92,93

20 6,7,12,31 5,7 31-34,37 4

50, 54, 55, 57, 59, 61, 64, 71,80,82 85

6,10,27,31

71

88 86 86,88 89 86-91

. . . . . . 91 87 90 50,81,83,84

1

84 69 72,94

31-34,37

73,78,79,82,83

68,

528

INDEX—continued

^

Subject Section

State Training Board body corporate Chairperson .. delegations Deputy Chairpersons establishment functions and powers General Manager immunity meetings members performance agreements staff validity of acts

State Training System TAPE

8 13,18 20,21,75,76 17,18 8 9-12 19,20 22 18 13-15 10 19 16

4

3,4

TAPE colleges abolition accreditation by amalgamation change of name creation director exemption of.. listed.. rules . .

23 77, 78 23 23 23 35 37 Schedule 24

TAPE college councils abolition accountability administrator amalgamation authority to conduct courses . body corporate change of name chief executive officer constitution .. delegation by.. directions to .. establishment functions and powers guidelines for immunity management plans members performance agreements proceedings .. reserve powers of Minister validity of acts

TAPE institution ..

Technical and further education

,'

24 27 31-34 24 79 24 24 35 24 24 6,7 24 24-26 5,7 36 6,25 28, 29 6,10,27,31 30 31-34,37 34

3, 77-80, 82

3,25

Trade—see Declared vocation

529

INDEX—continued

Subject Section

Trainee apprentice definition contracts of training . . register training agreements .. travel subsidies

Training agreements Training programs

approval attendance certificates trainee's obligations .. training travel subsidies

Vocational education and training..

46 46 54-68 69 51,69 70 46,51,69

51 57 52 58 57 70 3,4,5,7,9

Vocational Education and Training Accreditation Board .. 75

Vocational training approval of training programs approval to conduct course of training certificates contracts of training .. declared vocations inconsistent Acts and awards.. powers of entry and examination register of trainees regulations travel subsidies

51 50 52,53 54-68 49 48 71 69 72 70

NOTE: This index does not form part of the Vocational Education and Training Act 1990 and is provided for convenience of reference only.

530

vocational education and training act 1990vocational education and training act 1990 s.2 act no....

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