{"id":"batchelor-institute-of-indigenous-tertiary-education-act-1999","name":"Batchelor Institute of Indigenous Tertiary Education Act 1999","slug":"batchelor-institute-of-indigenous-tertiary-education-act-1999","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29873,"registerId":"nt-batchelor-institute-of-indigenous-tertiary-education-act-1999-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary matters","content":"Part 1 Preliminary matters\nBatchelor Institute of Indigenous Tertiary Education Act 1999 2\nCouncil means the Council of the Institute established by section 9.\nCouncil committee means the Nominations Committee or a\ncommittee established under section 23.\nDirector means the Director of the Institute appointed under\nsection 27.\nEducation Agency means the Agency with primary responsibility\nfor the administration of the Education Act 2015.\nelected Council member means a member of the Council\nmentioned in section 11(1)(d) or (e).\nentity includes an Institute entity.\ngraduate means a member of a class of persons determined under\nthe By-laws to be graduates for this Act.\nindigenous people means people who are Aboriginal or Torres\nStrait Islanders.\nInstitute means the Batchelor Institute of Indigenous Tertiary\nEducation established by section 4.\nInstitute entity means the Council, a Council committee or the\nBoard.\nNominations Committee means the committee established by\nsection 22(1).\nnorthern region of the Territory means the area of the Territory\nabove the 17th parallel of south latitude (which lies approximately\n61 km north of Elliott).\nrules means rules made under section 51.\nsouthern region of the Territory means the area of the Territory\nbelow the 17th parallel of south latitude (which lies approximately\n61 km north of Elliott).\nstaff means the Director, Deputy Director, academic or other\nsalaried staff of the Institute or any other personnel employed by\nthe Institute.\nstudent means a person enrolled as a student of the Institute.\nNote for subsection (1)\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n\nPart 2 Institute\nBatchelor Institute of Indigenous Tertiary Education Act 1999 3\n(2) In this Act:\n(a) a reference to the Chairperson of an Institute entity includes a\nreference to a member of the Institute entity acting in, or\nperforming the duties of, the Chairperson; and\n(b) a reference to the Director includes a reference to the Deputy\nDirector acting as, or performing the functions of, the Director\nas mentioned in section 28(3).\n(3) A reference in this Act to the term of office of a member of an\nInstitute entity includes a reference to:\n(a) in relation to a member who vacates his or her office before\nthe expiry of his or her term of office – the part of the term\nserved by that member; and\n(b) in relation to a member appointed to fill a vacancy under\nsection 17(1) – the part of the term served by that member.\nPart 2 Institute\n4 Establishment of Institute\n(1) The Batchelor Institute of Indigenous Tertiary Education is\nestablished.\n(2) The Institute:\n(a) is a body corporate with perpetual succession; and\n(b) has a common seal; and\n(c) is capable, in its corporate name, of acquiring, holding and\ndisposing of real, leasehold and personal property and of\nsuing and being sued.\n(3) All courts, judges and persons acting judicially must take judicial\nnotice of the common seal of the Institute affixed to a document and\nmust presume that it was duly affixed.\n","sortOrder":0},{"sectionNumber":"5","sectionType":"section","heading":"Institute replaces Batchelor College","content":"5 Institute replaces Batchelor College\n(1) The Institute is established in place of Batchelor College.\n(2) On the commencement of this Act, Batchelor College ceases to\nexist but the body corporate that was Batchelor College is\npreserved and continues subject to this Act as the Institute.\n\nPart 2 Institute\nBatchelor Institute of Indigenous Tertiary Education Act 1999 4\n","sortOrder":1},{"sectionNumber":"6","sectionType":"section","heading":"Composition of Institute","content":"6 Composition of Institute\nThe Institute consists of:\n(a) the members of the Council; and\n(b) the graduates of the Institute and Batchelor College; and\n(c) the holders of awards other than degrees from the Institute\nand Batchelor College; and\n(d) the staff of the Institute; and\n(e) the students of the Institute.\n","sortOrder":2},{"sectionNumber":"7","sectionType":"section","heading":"Functions of Institute","content":"7 Functions of Institute\n(1) The functions of the Institute are to:\n(a) provide tertiary education relevant to the needs of indigenous\npeople; and\n(b) generally facilitate, encourage, develop and improve study\nand research, particularly in subjects of relevance to\nindigenous people; and\n(c) provide other educational programs and courses of study or\ninstruction, including vocational education and training,\ncourses of higher education and cultural studies; and\n(d) accredit the educational programs and courses offered by the\nInstitute; and\n(e) review at regular intervals the programs and courses to be\nprovided by the Institute; and\n(f) confer awards in respect of the programs and courses it\nprovides and honorary and other awards on persons the\nCouncil considers merit special recognition; and\n(g) co-operate, collaborate and consult with other institutions of\nhigher education, vocational education and training or\nresearch, whether within or outside of Australia, for the\npurpose of performing its functions; and\n(h) liaise with industry, trade, commerce, the community,\neducational and training bodies and professional organisations\non matters of common interest; and\n\nPart 2 Institute\nBatchelor Institute of Indigenous Tertiary Education Act 1999 5\n(j) advance research and scholarship and their practical\napplication to education, industry, commerce and the\ncommunity generally; and\n(k) preserve, extend and disseminate knowledge and skills; and\n(m) provide consultative and research services and facilities; and\n(n) undertake research and consultancies on a commercial basis\nby using the human and physical resources of the Institute,\nwhether alone or with another institution or body; and\n(p) establish faculties, schools, departments and other\norganisational units of the Institute to conduct the educational\nprograms and courses of study or instruction provided by the\nInstitute and the study and research programs undertaken by\nthe Institute; and\n(q) provide facilities and resources for students; and\n(r) administer schemes of financial and other assistance for\nstudents and persons studying or carrying out research at the\nInstitute, including, in the case of students, financial\nassistance in the form of loans, grants or other benefits; and\n(s) provide facilities and resources for the staff to carry out their\nduties; and\n(t) provide library and other educational facilities for use by the\npublic subject to the conditions that the Council considers\nappropriate; and\n(u) perform any other functions conferred on it by or under this or\nany other Act.\n(2) The Institute may perform any of its functions outside the Territory.\n","sortOrder":3},{"sectionNumber":"8","sectionType":"section","heading":"Powers of Institute","content":"8 Powers of Institute\n(1) Subject to this Act, the Institute has power to do all things that are\nnecessary or convenient to be done for or in connection with or\nincidental to the performance of its functions.\n(2) Without limiting subsection (1), the Institute has power to:\n(a) enter into contracts; and\n(b) create, develop, apply for, obtain and hold intellectual property\nand enter into agreements or arrangements of a commercial\nnature in respect of intellectual property on the terms,\n\n","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Institute","content":"Part 2 Institute\nBatchelor Institute of Indigenous Tertiary Education Act 1999 6\nincluding terms as to royalties and lump sum payments, that\nthe Council considers appropriate; and\n(c) purchase, lease or otherwise acquire and hold real or personal\nproperty and sell, grant leases of or otherwise dispose of real\nor personal property; and\n(d) erect buildings; and\n(e) occupy, use, control and manage land or a building owned or\nleased by the Institute; and\n(f) accept gifts, grants, bequests, devises and assignments made\nto the Institute, whether on trust or otherwise, and act as\ntrustee of money and other property vested in the Institute on\ntrust; and\n(g) enter into arrangements with other institutions of higher,\ntechnical or further education (whether in Australia or\nelsewhere) or with a State or another Territory for the\nestablishment in the Institute of courses of lectures or studies\nfor degrees, diplomas, certificates or otherwise; and\n(h) confer awards jointly with another educational institution; and\n(j) establish and maintain cultural centres, libraries, laboratories\nand museums in connection with the operations of the\nInstitute; and\n(k) establish, manage and control halls of residence and other\nforms of student and other accommodation; and\n(m) employ staff, engage consultants and appoint agents and\nattorneys; and\n(n) charge for work, services, goods and information done or\nsupplied by the Institute; and\n(p) borrow and invest money; and\n(q) grant loans to and be the guarantor of persons and bodies\ncarrying on activities related to the operations of the Institute\non the terms the Council considers appropriate; and\n(r) form partnerships and enter into joint ventures and other\narrangements for sharing profits; and\n\nPart 3 Administration of Institute\nDivision 1 Council\nBatchelor Institute of Indigenous Tertiary Education Act 1999 7\n(s) with the approval of the Treasurer, form or establish or\nparticipate in the formation or establishment of companies,\nwhether to be registered in the Territory or elsewhere under\nsection 119A of the Corporations Act 2001.\nPart 3 Administration of Institute\nDivision 1 Council\n","sortOrder":5},{"sectionNumber":"9","sectionType":"section","heading":"Establishment of Council","content":"9 Establishment of Council\nThe Council of the Institute is established to conduct the affairs of\nthe Institute.\n","sortOrder":6},{"sectionNumber":"10","sectionType":"section","heading":"Functions and powers of Council","content":"10 Functions and powers of Council\n(1) Without limiting section 9, the primary functions of the Council are\nto:\n(a) approve the mission and strategic direction of the Institute;\nand\n(b) oversee and monitor the academic activities of the Institute,\nincluding in particular the performance and outcomes of the\nactivities; and\n(c) establish policy and procedural principles consistent with legal\nrequirements and community expectations; and\n(d) oversee the management of the Institute, including by:\n(i) reviewing the management practices and performances;\nand\n(ii) reviewing and monitoring the performance of the\nDirector; and\n(iii) approving the budget and business plan; and\n(iv) approving significant commercial activities and\nassessing risk arising from those activities; and\n(e) monitor systems of accountability implemented by the\nInstitute; and\n(f) oversee and monitor the assessment and management of risk\nacross the Institute; and\n\nPart 3 Administration of Institute\nDivision 1 Council\nBatchelor Institute of Indigenous Tertiary Education Act 1999 8\n(g) establish a system for dealing with grievances of students and\nstaff and publish details of the system and the procedures to\nbe followed; and\n(h) regularly review delegations under this Act.\n(2) The Council has the powers necessary to perform its functions.\n(3) The Institute is taken to have done a particular act or thing if the act\nor thing is done:\n(a) by the Council; or\n(b) by a person or entity in the name of, or on behalf of, the\nInstitute with the express or implied authority of the Council.\n","sortOrder":7},{"sectionNumber":"11","sectionType":"section","heading":"Composition of Council","content":"11 Composition of Council\n(1) The Council consists of:\n(a) one person:\n(i) appointed as a member by the Administrator on the\nnomination of the Minister; and\n(ii) who, on appointment, becomes the Chairperson; and\n(b) 4 persons appointed as members by the Administrator on the\nnomination of the Minister; and\n(c) one person appointed as a member by the Administrator on\nthe nomination of the CDU Council; and\n(d) one person from the full-time staff (except the Director or\nDeputy Director):\n(i) elected by the full-time staff after a request has been\nmade under section 13(1); and\n(ii) declared to be a member by the Administrator; and\n(e) one student, whose usual place of residence is in the\nTerritory:\n(i) elected by the students after a request has been made\nunder section 13(2); and\n(ii) declared to be a member by the Administrator; and\n(f) the Director; and\n\nPart 3 Administration of Institute\nDivision 1 Council\nBatchelor Institute of Indigenous Tertiary Education Act 1999 9\n(g) the Chief Executive Officer of the Education Agency or the\nChief Executive Officer's nominee.\n(2) A person nominated for appointment as the Chairperson of the\nCouncil:\n(a) is, if practicable, to be an indigenous person with appropriate\nexpertise for the appointment; and\n(b) must not be a member of the staff or a student.\n(3) In relation to the persons nominated for appointment under\nsubsection (1)(b):\n(a) one must be an indigenous person who has experience in\nadvising government or other service providers about\nindigenous matters; and\n(b) one must have specialist professional or vocational knowledge\nabout, or expertise in, delivering education and training,\npreferably to indigenous people in remote areas of Australia;\nand\n(c) one must have demonstrated commercial and financial\nexpertise and experience; and\n(d) one must have experience, knowledge or expertise, not\nnecessarily of a kind mentioned in paragraphs (a) to (c), that is\nappropriate for the effective exercise of powers and\nperformance of functions as a member; and\n(e) at least one must usually reside in the northern region of the\nTerritory; and\n(f) at least one must usually reside in the southern region of the\nTerritory.\nNote for subsection (3)(a)\nThe appointed Council member mentioned in subsection (3)(a) is also the\nChairperson of the Board under section 24B(1)(a).\n(4) A person who is an appointed Board member must not also be\nappointed as a member of the Council.\n(5) A person may be reappointed or re-elected as a member of the\nCouncil.\n\nPart 3 Administration of Institute\nDivision 1 Council\nBatchelor Institute of Indigenous Tertiary Education Act 1999 10\n(6) However, a person mentioned in subsection (1)(b) to (e) must not\nbe reappointed or re-elected as a member of the Council if, as a\nresult, the person will hold office for a continuous period exceeding\n12 years.\n","sortOrder":8},{"sectionNumber":"12","sectionType":"section","heading":"Notices relating to nomination of Council members","content":"12 Notices relating to nomination of Council members\n(1) For an appointment to the Council under section 11(1)(a) or (b), the\nDirector must give public notice that the Minister is seeking\nexpressions of interest from persons for nomination for the\nappointment.\n(2) The Director must publish the notice in one or more newspapers\ncirculating throughout the Territory and in any other way the\nDirector considers will give notice to persons who are eligible for\nappointment.\n(3) The notice must state:\n(a) the way, and the date by which, a person may make an\nexpression of interest; and\n(b) the eligibility for appointment; and\n(c) other information the Director considers appropriate.\n(4) For an appointment to the Council under section 11(1)(c), the\nDirector must give the CDU Council a notice stating:\n(a) the CDU Council is requested to nominate a person for the\nappointment; and\n(b) the date by which the nomination is to be made; and\n(c) the nomination must be in writing and given to the\nNominations Committee; and\n(d) other information the Director considers appropriate.\n","sortOrder":9},{"sectionNumber":"13","sectionType":"section","heading":"Request for election of Council member","content":"13 Request for election of Council member\n(1) For section 11(1)(d), the Director must request the full-time\nmembers of staff to elect a staff member (except the Director or\nDeputy Director) to be a member of the Council.\n(2) For section 11(1)(e), the Director must request the students of the\nInstitute to elect a student whose usual place of residence is in the\nTerritory to be a member of the Council.\n\nPart 3 Administration of Institute\nDivision 1 Council\nBatchelor Institute of Indigenous Tertiary Education Act 1999 11\n(3) A request to elect a member of the Council must:\n(a) be in writing; and\n(b) be made available to the full-time members of staff or the\nstudents in the way the Director considers appropriate; and\n(c) specify the person to whom, and the date by which, notice of\nthe result of the election is to be given; and\n(d) include any other information required by the By-laws or the\nDirector considers appropriate.\n","sortOrder":10},{"sectionNumber":"14","sectionType":"section","heading":"Appointment of Council member on failure to nominate or","content":"14 Appointment of Council member on failure to nominate or\nelect\n(1) This section applies if there is a failure:\n(a) to nominate a person for appointment as a member of the\nCouncil under section 11(1)(a), (b) or (c); or\n(b) to elect a person as a member of the Council after a request\nhas been made under section 13.\n(2) The vacant office on the Council must be filled by a person\nappointed by the Administrator on the recommendation of the\nMinister.\n(3) A person recommended to fill the vacant office:\n(a) must meet the eligibility requirements for holding the office\nthat would apply to the person if he or she had been appointed\nas a member, or declared to be a member, under section 11;\nand\n(b) if appointed to the vacant office – is taken to be an appointed\nCouncil member or elected Council member (as appropriate).\n","sortOrder":11},{"sectionNumber":"15","sectionType":"section","heading":"Term of office of appointed or elected Council member","content":"15 Term of office of appointed or elected Council member\n(1) The Chairperson of the Council holds office for 3 years.\n(2) Each of the other appointed Council members holds office for the\nperiod, not exceeding 3 years, specified in the instrument of\nappointment.\n(3) An elected Council member holds office for one year.\n\nPart 3 Administration of Institute\nDivision 1 Council\nBatchelor Institute of Indigenous Tertiary Education Act 1999 12\n(4) A person cannot take office as an appointed Council member or\nelected Council member until the person's appointment or election\ntakes effect:\n(a) on the date the Administrator signs:\n(i) the instrument of appointment; or\n(ii) the instrument declaring the person to be a member; or\n(b) on the later date specified in the instrument.\nNotes for section 15\n","sortOrder":12},{"sectionNumber":"1","sectionType":"section","heading":"The term mentioned in subsection (1), (2) or (3) is subject to the earlier","content":"1 The term mentioned in subsection (1), (2) or (3) is subject to the earlier\nvacation of the office for a reason mentioned in section 16.\n2 Section 11(6) has the effect of limiting the total period for which a member\nmentioned in subsection (2) or (3) may hold office if the member is\nreappointed or re-elected.\n","sortOrder":13},{"sectionNumber":"16","sectionType":"section","heading":"Vacation of office of Council member","content":"16 Vacation of office of Council member\nA member of the Council vacates the member's office if:\n(a) the term of office expires; or\n(b) the member gives the Director a signed notice of resignation;\nor\n(c) the member ceases to be eligible under section 11 to hold\noffice; or\n(d) the member is absent from 3 consecutive meetings of the\nCouncil of which the member has been given reasonable\nnotice and the Council has not approved the absence; or\n(e) the Council resolves the office is vacated because:\n(i) at least two-thirds of all of the other Council members\nagree at a meeting that the member, in exercising a\npower or performing a function of the office, has not\ncomplied with section 25; or\n(ii) the Council is satisfied the member has knowingly\ncontravened a code of conduct applicable to the\nmember; or\n(iii) the Council is satisfied the member is of unsound mind;\nor\n\nPart 3 Administration of Institute\nDivision 1 Council\nBatchelor Institute of Indigenous Tertiary Education Act 1999 13\n(f) the member is found guilty:\n(i) by a court in the Territory of an offence punishable by\nimprisonment for 12 months or more; or\n(ii) by a court outside the Territory of an offence which, if\ncommitted against a law in force in the Territory, would\nbe punishable by imprisonment for 12 months or more;\nor\n(g) the member becomes bankrupt, applies to take the benefit of\na law for the relief of bankrupt or insolvent debtors,\ncompounds with the member's creditors or makes an\nassignment of the member's remuneration for their benefit; or\n(h) the member is disqualified from acting as a director of a\ncompany or managing corporations under Part 2D.6 of the\nCorporations Act 2001.\n","sortOrder":14},{"sectionNumber":"17","sectionType":"section","heading":"Filling vacancy of elected Council member for less than","content":"17 Filling vacancy of elected Council member for less than\n6 months\n(1) If an elected Council member vacates the member's office and\nthere is less than 6 months of the term remaining, the Council must\nappoint a person to fill the vacancy for the remainder of the term.\n(2) The person appointed:\n(a) must be:\n(i) from the full-time staff if the vacating elected Council\nmember was from the full-time staff; or\n(ii) a student if the vacating elected member was a student;\nand\n(b) is taken to be an elected Council member.\n","sortOrder":15},{"sectionNumber":"18","sectionType":"section","heading":"Council to elect Deputy Chairperson","content":"18 Council to elect Deputy Chairperson\n(1) At the first meeting of the Council in each calendar year, the\nmembers of the Council must elect one of the members as the\nDeputy Chairperson of the Council.\n(2) A member of the Council who is a member of the staff or a student\nis not eligible for election as the Deputy Chairperson.\n(3) A member of the Council may be re-elected as the Deputy\nChairperson.\n\nPart 3 Administration of Institute\nDivision 1 Council\nBatchelor Institute of Indigenous Tertiary Education Act 1999 14\n(4) The term of office of the Deputy Chairperson is from the election to\nthe office until the election of the Deputy Chairperson at the first\nmeeting of the Council in the next calendar year.\n(5) The member elected as Deputy Chairperson holds the office until:\n(a) the term of office expires; or\n(b) the member:\n(i) gives the Director a signed notice of resignation from the\noffice; or\n(ii) becomes a staff member or student; or\n(iii) vacates the member's office on the Council.\n(6) If the office of Deputy Chairperson becomes vacant otherwise than\nby the expiry of the term of office, the Council must elect one of its\nmembers to be the Deputy Chairperson to hold office until the\nelection of the Deputy Chairperson at the first meeting of the\nCouncil in the next calendar year.\n(7) The Deputy Chairperson must act in the office of Chairperson if:\n(a) the Chairperson is unable, for any reason, to exercise the\npowers or perform the functions of the office; or\n(b) there is a vacancy in the office.\n","sortOrder":16},{"sectionNumber":"19","sectionType":"section","heading":"Council meetings","content":"19 Council meetings\n(1) The Council must hold at least 4 meetings in each calendar year at\nintervals not exceeding 4 months.\n(2) The Chairperson must call the meetings of the Council that are\nnecessary for the exercise of its powers and the performance of its\nfunctions.\n(3) At least one-half of the members of the Council may request the\nChairperson to call a meeting.\n(4) The request must:\n(a) be in writing and signed by all of the members making the\nrequest; and\n(b) specify the matters proposed for deliberation at the meeting.\n\nPart 3 Administration of Institute\nDivision 1 Council\nBatchelor Institute of Indigenous Tertiary Education Act 1999 15\n(5) If a request is made under subsection (3):\n(a) the Chairperson must call the meeting within 21 days after\nreceiving the request; and\n(b) the meeting must be held within 30 days after the day on\nwhich it is called; and\n(c) only the matters specified in the request may be deliberated at\nthe meeting.\n(6) At a Council meeting:\n(a) the presiding member is:\n(i) the Chairperson; or\n(ii) in the absence of the Chairperson – the Deputy\nChairperson; or\n(iii) in the absence of both the Chairperson and Deputy\nChairperson – a member elected by the members\npresent; and\n(b) the quorum is one-half of the number of members currently\nholding office; and\n(c) each member present has one vote; and\n(d) questions arising are to be decided by a majority of the votes\nof the members present and, if there is an equal number of\nvotes, the presiding member has a casting vote; and\n(e) subject to this Act and the By-laws, the Council must decide\nthe procedure to be followed at or in connection with the\nmeeting.\n(7) The Director must not:\n(a) be present during deliberations relating to the Director's\nperformance or the terms of the Director's appointment; or\n(b) take part in making a decision about either of those matters.\n(8) However, all or part of subsection (7) does not apply if the Council\npasses a resolution to that effect after deliberating and voting on\nthe matter in the Director's absence.\n\nPart 3 Administration of Institute\nDivision 2 Council committees\nBatchelor Institute of Indigenous Tertiary Education Act 1999 16\n","sortOrder":17},{"sectionNumber":"20","sectionType":"section","heading":"Council program of induction and professional development","content":"20 Council program of induction and professional development\n(1) The Council must prepare, and give each of its members, a\nprogram of induction and professional development.\n(2) The program must include:\n(a) information about the duties and responsibilities of the\nmembers; and\n(b) provisions that will assist in increasing the expertise of the\nmembers in carrying out their duties.\n(3) The Council must review the program at intervals not exceeding\n2 years and make appropriate amendments.\n","sortOrder":18},{"sectionNumber":"21","sectionType":"section","heading":"Delegation by Council","content":"21 Delegation by Council\n(1) The Council may delegate any of its powers and functions to a\nperson or an entity.\n(2) However, subsection (1) does not apply to the Council's power to\nmake by-laws, rules or a code of conduct.\n(3) The Council must not delegate a power or function to a member of\nthe staff unless it also delegates the power or function to the\nDirector.\n(4) If the Council delegates a power or function to a Council committee,\nor another entity, and there is a change in the membership of the\ncommittee or entity, the delegation continues in force for the newly\nconstituted committee or entity until the Council revokes or varies\nthe delegation.\nDivision 2 Council committees\n","sortOrder":19},{"sectionNumber":"22","sectionType":"section","heading":"Nominations Committee","content":"22 Nominations Committee\n(1) The Nominations Committee is established.\n(2) The Nominations Committee consists of the following:\n(a) the Chairperson of the Council;\n(b) the appointed Council member to whom section 11(3)(a)\napplies;\n(c) the Director;\n\nPart 3 Administration of Institute\nDivision 3 Institute Advisory Board\nBatchelor Institute of Indigenous Tertiary Education Act 1999 17\n(d) the Chief Executive Officer of the Education Agency or the\nChief Executive Officer's nominee.\nNote for subsection (2)(b)\nThis member is also the Chairperson of the Board under section 24B(1)(a).\n(3) The functions of the Nominations Committee are to:\n(a) consider expressions of interest received from persons in\nresponse to notices published under section 12 or 24C; and\n(b) decide whether a person responding to the notice appears to\nbe eligible:\n(i) to be nominated for appointment as a member of the\nCouncil; or\n(ii) to be appointed as a member of the Board; and\n(c) give the Minister a shortlist of the persons considered to be\neligible for nomination or appointment.\n(4) The Nominations Committee also has the function of recording the\nnomination by the CDU Council of a person for appointment as a\nmember of the Council under section 11(1)(c) and forwarding the\nnomination to the Administrator.\n","sortOrder":20},{"sectionNumber":"23","sectionType":"section","heading":"Other Council committees","content":"23 Other Council committees\n(1) The Council may establish the committees it thinks necessary for\nthe Council to perform its functions and exercise its powers.\n(2) A Council committee consists of:\n(a) the Director or a person nominated by the Director; and\n(b) at least 2 other persons appointed by the Council, one of\nwhom must be a member of the Council.\nDivision 3 Institute Advisory Board\n","sortOrder":21},{"sectionNumber":"24","sectionType":"section","heading":"Establishment of Board","content":"24 Establishment of Board\nThe Institute Advisory Board is established.\n\nPart 3 Administration of Institute\nDivision 3 Institute Advisory Board\nBatchelor Institute of Indigenous Tertiary Education Act 1999 18\n","sortOrder":22},{"sectionNumber":"24A","sectionType":"section","heading":"Functions and powers of Board","content":"24A Functions and powers of Board\n(1) The functions of the Board are to:\n(a) advise, and make recommendation to, the Council about\nindigenous cultural and social issues that are likely to affect\nthe Institute; and\n(b) consult with indigenous people, communities and\norganisations to promote constructive dialogue and\nengagement between the Institute and indigenous people; and\n(c) advise the Institute on systemic and structural changes aimed\nat improving outcomes for indigenous students and clients of\nthe Institute, with particular focus on vocational education and\ntraining and higher education; and\n(d) carry out other activities as requested by the Council.\n(2) If the Council agrees, the Board may engage persons with relevant\nexpertise as consultants.\n(3) The Board has the powers necessary to perform its functions,\nincluding the power to establish committees to perform particular\nfunctions.\n(4) A committee established by the Board must consist only of\nmembers of the Board.\n(5) The funding of the Board must be decided by the Council and met\nby the Institute.\n","sortOrder":23},{"sectionNumber":"24B","sectionType":"section","heading":"Constitution of Board","content":"24B Constitution of Board\n(1) The Board consists of:\n(a) the member of the Council mentioned in section 11(3)(a), who\nis the Chairperson of the Board; and\n(b) 5 indigenous persons appointed as members by the Minister\nafter considering the shortlist given by the Nominations\nCommittee under section 22(3).\n(2) In relation to the appointed Board members:\n(a) they must represent a broad range of indigenous community\ninterests; and\n(b) they must have demonstrated knowledge and understanding\nof cultural and social issues affecting indigenous people; and\n\nPart 3 Administration of Institute\nDivision 3 Institute Advisory Board\nBatchelor Institute of Indigenous Tertiary Education Act 1999 19\n(c) at least one must have experience in indigenous vocational\neducation and training, research or technology; and\n(d) at least one must have expertise in advising government or\nother service providers on matters affecting indigenous\npeople; and\n(e) their usual place of residence must be in the Territory and, as\nfar as possible and subject to the following requirements, they\nmust reside in different regions:\n(i) at least one must reside in the northern region of the\nTerritory;\n(ii) at least one must reside in the southern region of the\nTerritory.\n(3) A person who is a member of the Council or staff, or a student,\nmust not be appointed to the Board.\n","sortOrder":24},{"sectionNumber":"24C","sectionType":"section","heading":"Notice seeking expressions of interest for nomination as","content":"24C Notice seeking expressions of interest for nomination as\nBoard member\n(1) For an appointment to the Board under section 24B(1)(b), the\nDirector must give public notice that the Minister is seeking\nexpressions of interest from persons for the appointment.\n(2) The Director must publish the notice in one or more newspapers\ncirculating throughout the Territory and in any other way the\nDirector considers will give notice to persons who are eligible for\nappointment.\n(3) The notice must state:\n(a) the way, and the date by which, a person may make an\nexpression of interest; and\n(b) the qualifications or expertise required for the appointment;\nand\n(c) the residential requirements for appointment; and\n(d) other information the Director considers appropriate.\n","sortOrder":25},{"sectionNumber":"24D","sectionType":"section","heading":"Term of office of Board member","content":"24D Term of office of Board member\n(1) The Chairperson of the Board holds office until the Chairperson\nvacates the office of a member of the Council.\n\nPart 3 Administration of Institute\nDivision 3 Institute Advisory Board\nBatchelor Institute of Indigenous Tertiary Education Act 1999 20\n(2) Each of the other members of the Board holds office for the period,\nnot exceeding 3 years, specified in the instrument of appointment.\n(3) A member mentioned in subsection (2) cannot take office until the\nperson's appointment takes effect:\n(a) on the date the Minister signs the instrument of appointment;\nor\n(b) on the later date specified in the instrument.\n","sortOrder":26},{"sectionNumber":"24E","sectionType":"section","heading":"Vacation of office of Board member","content":"24E Vacation of office of Board member\nA member of the Board vacates the member's office if:\n(a) the term of office expires; or\n(b) the member gives the Director a signed notice of resignation;\nor\n(c) the member ceases to be eligible to hold the office because\nhe or she no longer resides in the Territory; or\n(d) the member is absent from 3 consecutive meetings of the\nBoard of which the member has been given reasonable notice\nand the Board has not approved the absence; or\n(e) the Council resolves the membership is terminated because:\n(i) at least two-thirds of the all of the Council members\nagree at a meeting that the Board member, in exercising\na power or performing a function of the office, has not\ncomplied with section 25; or\n(ii) the Council is satisfied the member has knowingly\ncontravened a code of conduct applicable to the\nmember; or\n(iii) the Council is satisfied the member is of unsound mind;\nor\n(f) the member is found guilty:\n(i) by a court in the Territory of an offence punishable by\nimprisonment for 12 months or more; or\n(ii) by a court outside the Territory of an offence which, if\ncommitted against a law in force in the Territory, would\nbe punishable by imprisonment for 12 months or more;\nor\n\nPart 3 Administration of Institute\nDivision 3 Institute Advisory Board\nBatchelor Institute of Indigenous Tertiary Education Act 1999 21\n(g) the member becomes bankrupt, applies to take the benefit of\na law for the relief of bankrupt or insolvent debtors,\ncompounds with the member's creditors or makes an\nassignment of the member's remuneration for their benefit; or\n(h) the member is disqualified from acting as a director of a\ncompany or managing corporations under Part 2D.6 of the\nCorporations Act 2001.\n","sortOrder":27},{"sectionNumber":"24F","sectionType":"section","heading":"Board to elect Deputy Chairperson","content":"24F Board to elect Deputy Chairperson\n(1) The members of the Board must elect a member as the Deputy\nChairperson of the Board.\n(2) The member elected as Deputy Chairperson holds the office until\nthe member:\n(a) gives the Director a signed notice of resignation from the\noffice; or\n(b) becomes a staff member or student; or\n(c) vacates the member's office on the Board.\n(3) The Deputy Chairperson must act in the office of Chairperson if:\n(a) the Chairperson is unable, for any reason, to exercise the\npowers or perform the functions of the office; or\n(b) there is a vacancy in the office.\n","sortOrder":28},{"sectionNumber":"24G","sectionType":"section","heading":"Board meetings","content":"24G Board meetings\n(1) The Board must hold at least 4 meetings in each calendar year at\nintervals not exceeding 4 months.\n(2) The Chairperson of the Board must call the meetings that are\nnecessary for the exercise of the powers and performance of the\nfunctions of the Board.\n(3) At least one-half of the members of the Board may request the\nChairperson to call a meeting.\n(4) The request must:\n(a) be in writing and signed by all of the members making the\nrequest; and\n(b) specify the matters proposed for deliberation at the meeting.\n\nPart 3 Administration of Institute\nDivision 4 General matters for Institute entities\nBatchelor Institute of Indigenous Tertiary Education Act 1999 22\n(5) If a request is made under subsection (3):\n(a) the Chairperson must call the meeting within 21 days after\nreceiving the request; and\n(b) the meeting must be held within 30 days after the day on\nwhich it is called; and\n(c) only the matters specified in the request may be deliberated at\nthe meeting.\n(6) At a meeting:\n(a) the presiding member is:\n(i) the Chairperson; or\n(ii) in the absence of the Chairperson – the Deputy\nChairperson; or\n(iii) in the absence of both the Chairperson and Deputy\nChairperson – the member elected by the members\npresent; and\n(b) the quorum is two-thirds of the number of members for the\ntime being holding office; and\n(c) each member present has one vote; and\n(d) questions arising are to be decided by a majority of the votes\nof the members present and, if there is an equal number of\nvotes, the presiding member has a casting vote; and\n(e) subject to this Act and the By-laws, the Board must decide the\nprocedure to be followed at or in connection with the meeting.\nDivision 4 General matters for Institute entities\n","sortOrder":29},{"sectionNumber":"25","sectionType":"section","heading":"Duties of member of Institute entity","content":"25 Duties of member of Institute entity\n(1) A member of an Institute entity, when exercising a power or\nperforming a function of the office:\n(a) must act always in the best interests of the Institute; and\n(b) must act in good faith, honestly and for a proper purpose; and\n(c) must exercise appropriate care and diligence; and\n\nPart 3 Administration of Institute\nDivision 4 General matters for Institute entities\nBatchelor Institute of Indigenous Tertiary Education Act 1999 23\n(d) must not use the office to improperly gain an advantage\n(either for the member or another person); and\n(e) must disclose and avoid conflicts of interest.\n(2) If a circumstance mentioned in section 16(f), (g) or (h) applies to a\nmember of the Council, the member must notify the Council within\n5 days after the circumstance occurs.\n(3) If a circumstance mentioned in section 24E(f), (g) or (h) applies to a\nmember of the Board, the member must notify the Council within\n5 days after the circumstance occurs.\n","sortOrder":30},{"sectionNumber":"26","sectionType":"section","heading":"Disclosure of interest on becoming member of Institute entity","content":"26 Disclosure of interest on becoming member of Institute entity\n(1) When a person becomes a member of an Institute entity, he or she\nmust disclose any of the following matters relevant to the person:\n(a) the name and a description of a company, association or other\nbody of which he or she is a member or an officer or by whom\nhe or she is employed;\n(b) the name and a description of a partnership of which he or she\nis a partner;\n(c) the name of a person by whom he or she is employed;\n(d) other interests he or she has in relation to a specified person\nor entity that are likely to give rise to a conflict with his or her\nduties as a member of the Institute entity;\n(e) any other information prescribed by the rules.\n(2) The disclosure must be made in the manner and form prescribed by\nthe rules.\n(3) In making the disclosure, the person is taken to have given\nsufficient disclosure of any direct or indirect pecuniary interest of\nthe person in relation to any matter that might be considered at a\nmeeting of the Institute entity or anything that might be done by the\nentity after the disclosure is made.\n(4) If there is a change to the information disclosed, or the person\nacquires new interests likely to give rise to a conflict with the\nperson's duties as a member of the Institute entity, the person must\nvary the disclosure accordingly:\n(a) in the manner prescribed by the rules; and\n\nPart 3 Administration of Institute\nDivision 4 General matters for Institute entities\nBatchelor Institute of Indigenous Tertiary Education Act 1999 24\n(b) within 30 days after the change occurs or the interest is\nacquired.\n(5) The disclosure remains effective during the person's first and each\nsuccessive term of office as a member of the Institute entity.\n(6) The Director must keep a record of all disclosures.\n","sortOrder":31},{"sectionNumber":"26A","sectionType":"section","heading":"Disclosure of interest on becoming aware of conflict of interest","content":"26A Disclosure of interest on becoming aware of conflict of interest\n(1) This section applies if a member of an Institute entity becomes\naware that he or she has, or may have, a direct or indirect\npecuniary interest in:\n(a) a matter being (or to be) considered by the entity; or\n(b) something being (or to be) done by the entity.\n(2) The member must, as soon as possible, disclose the nature of the\ninterest or possible interest at a meeting of the entity.\n(3) The member must not:\n(a) be present during deliberations, or take part in making a\ndecision, in relation to the matter or thing; or\n(b) perform a function under this Act in relation to the matter or\nthing.\n(4) However, all or part of subsection (3) does not apply if the Institute\nentity passes a resolution to that effect after deliberating and voting\non the matter in the member's absence.\n","sortOrder":32},{"sectionNumber":"26B","sectionType":"section","heading":"Validity of procedures and actions","content":"26B Validity of procedures and actions\nA procedure of an Institute entity, or a thing done by the entity, is\nnot invalid solely because of:\n(a) a defect in any of the following:\n(i) the nomination for appointment or the appointment of a\nperson as a member of the entity;\n(ii) the election of a person as a member of the entity or the\ndeclaration of the election;\n(iii) a delegation by or to the entity;\n(iv) the convening or conduct of a meeting of the entity; or\n(b) a vacancy in the membership of the entity; or\n\n","sortOrder":33},{"sectionNumber":"Part 3","sectionType":"part","heading":"Administration of Institute","content":"Part 3 Administration of Institute\nDivision 5 Director and Deputy Director of Institute\nBatchelor Institute of Indigenous Tertiary Education Act 1999 25\n(c) a person purporting to be a member of the entity not being a\nmember; or\n(d) the failure by a member of the entity to make the disclosure\nmentioned in section 26 or 26A.\n","sortOrder":34},{"sectionNumber":"Div 5","sectionType":"division","heading":"Director and Deputy Director of Institute","content":"Division 5 Director and Deputy Director of Institute\n","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Director","content":"27 Director\n(1) The Council must appoint a person to be the Director of the\nInstitute.\n(2) The Director holds office on the terms specified in writing by the\nCouncil.\n(3) The Director is the chief executive officer of the Institute and is\nresponsible to the Council for the management and administration\nof the Institute.\n(4) The Director also has the powers and functions prescribed by this\nAct or the By-laws.\n","sortOrder":36},{"sectionNumber":"28","sectionType":"section","heading":"Deputy Director","content":"28 Deputy Director\n(1) The Council must appoint a person to be the Deputy Director of the\nInstitute.\n(2) The Deputy Director holds office on the terms specified in writing by\nthe Council.\n(3) The Deputy Director must:\n(a) act as the Director during a vacancy in the office; and\n(b) exercise the powers and perform the functions of the Director\nwhen the Director is absent from duty or the Territory or is\notherwise unable to exercise the powers and perform the\nfunctions.\n(4) The Deputy Director also has the powers and functions prescribed\nby the By-laws.\n","sortOrder":37},{"sectionNumber":"29","sectionType":"section","heading":"Delegation by Director","content":"29 Delegation by Director\n(1) The Director may, in writing, delegate to a person any of the\nDirector's powers and functions under this Act.\n(2) Subsection (1) does not apply to the Director's functions as a\nmember of the Council.\n\nPart 5 Staff etc.\nBatchelor Institute of Indigenous Tertiary Education Act 1999 26\n","sortOrder":38},{"sectionNumber":"30","sectionType":"section","heading":"Validity of actions","content":"30 Validity of actions\nThe exercise of a power or performance of a function by the\nDirector, Deputy Director or a delegate of the Director is not invalid\nsolely because of a defect in:\n(a) the appointment of the Director or Deputy Director; or\n(b) the delegation.\n","sortOrder":39},{"sectionNumber":"Part 4","sectionType":"part","heading":"Degrees and other awards","content":"Part 4 Degrees and other awards\n31 Degrees and awards of Institute\n(1) The Council may, in relation to the education and training it\nprovides:\n(a) confer degrees of the Institute; and\n(b) grant diplomas, certificates or other awards of the Institute.\n(2) For the purpose of enabling students to obtain degrees and other\nawards of the Institute, the Council must facilitate course\narticulation and credit transfer between vocational education and\ntraining and higher education provided by the Institute and between\nprograms and courses provided by the Institute and any university\nor other institution.\n(3) The Council may grant honorary degrees and other distinctions as it\nconsiders appropriate.\n","sortOrder":40},{"sectionNumber":"32","sectionType":"section","heading":"Degrees and awards of other bodies","content":"32 Degrees and awards of other bodies\nThe Council may arrange for instruction to be given to students for\nthe purpose of completing the requirements for a degree or other\naward of any university or other institution with which the Council\nhas an agreement to do so.\n","sortOrder":41},{"sectionNumber":"Part 5","sectionType":"part","heading":"Staff etc.","content":"Part 5 Staff etc.\n","sortOrder":42},{"sectionNumber":"33","sectionType":"section","heading":"Appointment of staff","content":"33 Appointment of staff\nSubject to this Act and the By-laws, the Council may, on the terms\nand conditions it considers appropriate, appoint the staff it thinks\nnecessary for the purposes of the Institute.\n\nPart 6 Property, finance, audit and annual reports\nBatchelor Institute of Indigenous Tertiary Education Act 1999 27\n","sortOrder":43},{"sectionNumber":"34","sectionType":"section","heading":"Consultants may be engaged","content":"34 Consultants may be engaged\nThe Council may engage consultants and make the arrangements\nfor the provision of advice and services as it thinks necessary for\nthe purposes of the Institute.\nPart 6 Property, finance, audit and annual reports\n","sortOrder":44},{"sectionNumber":"35","sectionType":"section","heading":"Financial year","content":"35 Financial year\n(1) The financial year of the Institute is a 12 month period ending on\n31 December.\n(2) In this Part, financial year means the financial year of the Institute.\n","sortOrder":45},{"sectionNumber":"36","sectionType":"section","heading":"Fees","content":"36 Fees\n(1) Subject to this section, the Council may determine the fees payable\nto the Institute:\n(a) for the educational programs and courses of study or\ninstruction offered at the Institution; and\n(b) for admission to examinations conducted by the Institute; and\n(c) in relation to any other services, facilities or privileges offered\nby the Institute.\n(2) A student to whom the Institute has granted a scholarship or\nbursary in accordance with the By-laws is exempt from payment of\nfees to the extent that the scholarship or bursary provides for the\nexemption.\n(3) The Council may exempt a student from the payment of the whole\nor a part of a fee payable by the student if it considers that the\npayment of the whole or part of the fee would cause substantial\nhardship to the student.\n(4) The Council may defer the date on or by which a fee is due and\npayable by a student if it considers that the payment of the fee on\nor by that date would cause substantial hardship to the student.\n","sortOrder":46},{"sectionNumber":"37","sectionType":"section","heading":"ADI accounts","content":"37 ADI accounts\n(1) Subject to this Part, the Council may open and maintain an account\nor accounts with an ADI as it considers appropriate for the Institute.\n(2) All money received by the Institute is to be paid into an account\nmaintained under subsection (1).\n\nPart 6 Property, finance, audit and annual reports\nBatchelor Institute of Indigenous Tertiary Education Act 1999 28\n(3) Subject to the terms of a trust or a condition under which money is\nacquired by the Institute, money in the accounts of the Institute is\nonly to be applied:\n(a) by or with the authority of the Council; and\n(b) for the purposes of the Institute.\n","sortOrder":47},{"sectionNumber":"38","sectionType":"section","heading":"Proper accounts to be kept etc.","content":"38 Proper accounts to be kept etc.\n(1) The Council must ensure that:\n(a) proper accounts and records of the transactions and affairs of\nthe Institute are kept; and\n(b) there are adequate controls over the incurring of liabilities by\nthe Institute; and\n(c) all payments out of the money of the Institute are correctly\nmade and properly authorised; and\n(d) adequate control is maintained over the property of or in the\ncustody, control and management of the Institute.\n(2) The Council must show separately in its accounts and records the\nincome and expenditure that is properly attributable to vocational\neducation and training.\n","sortOrder":48},{"sectionNumber":"39","sectionType":"section","heading":"Gifts etc. and trust funds","content":"39 Gifts etc. and trust funds\n(1) The Institute may agree to and carry out the conditions of a gift,\ngrant, bequest, devise, purchase, lease or any other means of\nconveyance or transfer by which it acquires, holds and uses\nproperty for its purposes.\n(2) The Council may create and administer a trust fund or trust funds\nfor any purpose relating to the performance of its functions that it\nconsiders appropriate, including for the purpose of acquiring or\nholding property.\n","sortOrder":49},{"sectionNumber":"40","sectionType":"section","heading":"Variation of terms of trust or gift","content":"40 Variation of terms of trust or gift\n(1) In this section:\napproved scheme means a scheme or variation of an approved\nscheme approved by the Administrator under subsection (4).\nscheme means a proposal by which a purpose for which property\nor the income of property held by the Institute is to be applied may\nbe substituted for another purpose.\n\nPart 6 Property, finance, audit and annual reports\nBatchelor Institute of Indigenous Tertiary Education Act 1999 29\n(2) If the Institute holds property on terms requiring the property or the\nincome from the property to be applied for a specified purpose and\none of the following circumstances applies:\n(a) the purpose has been effected;\n(b) the purpose has ceased to exist;\n(c) the purpose has been adequately provided for by other\nmeans;\n(d) the purpose is uncertain or cannot be identified or is not\nsufficiently defined;\n(e) it becomes impossible or impracticable or inexpedient to carry\nout the purpose;\n(f) the property or income derived from the property is inadequate\nto carry out the purpose;\nthe Council may, subject to this section, prepare a scheme or a\nvariation of an approved scheme by which the property or a part or\nresidue of the property is to be held on terms requiring the property\nor the income from the property to be applied for another purpose\ndesignated in the scheme or variation.\n(3) In selecting a purpose to be designated in a scheme or variation of\nan approved scheme, the Council must have a preference for a\npurpose which, in its opinion, is:\n(a) as similar as reasonably possible to the purpose or purposes\nfor which the property concerned is held by the Institute; and\n(b) relevant to the functions of the Institute.\n(4) The Council must submit the scheme or variation of an approved\nscheme to the Administrator and, on receipt of the scheme or\nvariation, the Administrator may:\n(a) by Gazette notice:\n(i) approve the scheme or variation; or\n(ii) approve the scheme or variation with the modifications\nthe Administrator considers appropriate; or\n(b) by notice in writing to the Council, refuse to approve the\nscheme or variation.\n\nPart 6 Property, finance, audit and annual reports\nBatchelor Institute of Indigenous Tertiary Education Act 1999 30\n(5) If the Administrator approves a scheme or variation under\nsubsection (4), the property, part or residue the subject of the\nscheme or variation is, in accordance with the scheme or variation,\nto be diverted from the purpose or purposes for which it was held\nimmediately before the approval and held for the purpose or\npurposes designated in the scheme or variation.\n(6) On the publication of the Administrator's approval in the Gazette,\njudicial notice is to be taken of the scheme or variation the subject\nof the approval.\n(7) An approved scheme is not to be invalidated or otherwise\nprejudiced by reason only that a purpose other than the purpose\ndesignated in the approved scheme may have been more properly\nselected by the Council.\n(8) The powers conferred by this section are in addition to any other\npower or right that the Institute may lawfully exercise in relation to\nproperty it holds on trust or acquires and holds subject to a\ncondition.\n","sortOrder":50},{"sectionNumber":"41","sectionType":"section","heading":"Financial accommodation","content":"41 Financial accommodation\n(1) For the purpose of providing financial accommodation for enabling\nthe Institute to perform its functions, the Council may obtain\nadvances by way of a loan:\n(a) from the Treasurer; or\n(b) on overdraft from an ADI; or\n(c) subject to subsection (2), from any other person or body on\nthe security, at the rate of interest and subject to any other\nterms and conditions as the Council agrees to.\n(2) The Council must not obtain a loan mentioned in subsection (1)(c)\nunless:\n(a) the Council has the written approval of the Treasurer to do so;\nand\n(b) the terms and conditions of the loan comply with the\nconditions of the Treasurer's approval.\n(3) The Council must provide the Treasurer with any information he or\nshe requires to determine whether to approve the Council obtaining\nthe loan.\n\nPart 6 Property, finance, audit and annual reports\nBatchelor Institute of Indigenous Tertiary Education Act 1999 31\n","sortOrder":51},{"sectionNumber":"42","sectionType":"section","heading":"Investment","content":"42 Investment\n(1) The Council may invest the trust money or other money of the\nInstitute held by or in the custody, management or control of the\nInstitute.\n(2) For the purposes of subsection (1), the Council may establish\ncommon funds for the collective investment of the money.\n(3) The Council may, without liability for breach of trust, bring into or\nwithdraw from the common funds the whole or a part of trust money\nor other money held by or in the custody, management or control of\nthe Institute.\n(4) Subject to subsections (5) and (6), the Council must periodically\ndistribute the income of each common fund among the funds\nparticipating in the common fund having regard to the extent of the\nparticipation of each fund in the common fund during the relevant\naccounting period.\n(5) If money received by the Council to be expended for a stated\npurpose has been brought into an investment fund but cannot, or\nwill not immediately, be expended for that purpose, the Council may\npay into the general funds of the Institute the whole or a part of the\npart of the income of the investment fund that is attributed to the\nparticipation of the money in the fund and which is not required for\nthat purpose.\n(6) The Council may, as it considers appropriate:\n(a) add a portion of the income of an investment fund to the\ncapital of a common fund; or\n(b) use a portion of that income to establish or augment an\ninvestment fund or a common fund as a provision against\ncapital depreciation or reduction of income.\n(7) The money of the Institute, including money held on trust or subject\nto a condition or forming part of a common fund, is not to be\ninvested by the Council unless invested in a class of investment\napproved by the Treasurer.\n(8) The powers conferred on the Council by this section, or by a by-law\nrelating to investment of property, are not to be exercised by the\nCouncil in relation to a trust fund or other money if the exercise of\nthe powers would:\n(a) be inconsistent with the trust; or\n\nPart 6 Property, finance, audit and annual reports\nBatchelor Institute of Indigenous Tertiary Education Act 1999 32\n(b) constitute a breach of a condition under which the fund or\nmoney was acquired.\n","sortOrder":52},{"sectionNumber":"43","sectionType":"section","heading":"Annual budget and expenditure","content":"43 Annual budget and expenditure\n(1) In each financial year, the Council must:\n(a) adopt a budget for the funds of the Institute, except those to\nwhich paragraphs (d) and (e) relate, for the next financial year;\nand\n(b) approve any amendments to the budget for the current\nfinancial year; and\n(c) control the expenditure of the Institute during the current\nfinancial year so that it conforms as nearly as possible to the\nbudget (as amended) for the financial year; and\n(d) review the funds available to the Institute by way of bequest,\ndonation or special grant and the expenditure of those funds;\nand\n(e) subject to the terms of a trust and before any expenditure is\nmade, approve the proposed disposition of the funds\nmentioned in paragraph (d).\n(2) As soon as reasonably possible after adopting or amending a\nbudget under subsection (1)(a) or (b), the Council must forward a\ncopy of the budget or amendment to the Treasurer.\n","sortOrder":53},{"sectionNumber":"44","sectionType":"section","heading":"Provision of financial information to Treasurer","content":"44 Provision of financial information to Treasurer\n(1) The Treasurer may at any time request the Director to provide the\nTreasurer with the information that, in the opinion of the Treasurer,\nis necessary to enable him or her to accurately assess the financial\naffairs of the Institute, including details of:\n(a) financial investments in corporations, trusts and joint ventures;\nand\n(b) contingent liabilities; and\n(c) guarantees.\n(2) The Director must comply with the Treasurer's request.\n\n","sortOrder":54},{"sectionNumber":"Part 6","sectionType":"part","heading":"Property, finance, audit and annual reports","content":"Part 6 Property, finance, audit and annual reports\nBatchelor Institute of Indigenous Tertiary Education Act 1999 33\n","sortOrder":55},{"sectionNumber":"45","sectionType":"section","heading":"Annual report","content":"45 Annual report\n(1) The Council must, at the end of each financial year, prepare a\nreport on the operations of the Institute during the financial year and\nforward the report to the Minister.\n(2) The Council must forward the report:\n(a) within 6 months after the end of the financial year; or\n(b) within a longer period approved by the Minister.\n(3) The report must include details of:\n(a) the achievements and outcomes in relation to the mission and\nstrategic direction of the Institute; and\n(b) the risk management within the Institute.\n","sortOrder":56},{"sectionNumber":"46","sectionType":"section","heading":"Audit","content":"46 Audit\n(1) The Director must, at the end of each financial year, prepare a\nfinancial statement in respect of the financial year.\n(2) The financial statement is to be:\n(a) in respect of the operations of the Institute or the particular\nfunctions and activities of the Institute that the Treasurer\nspecifies in writing to the Institute; and\n(b) prepared in a form approved by the Treasurer; and\n(c) prepared:\n(i) within 3 months after the end of the financial year; or\n(ii) within any longer period approved by the Treasurer.\n(3) The Director must forward a copy of the financial statement to the\nMinister and the Auditor-General.\n(4) The Auditor-General must audit the financial statement and report\non the statement to the Minister:\n(a) within 3 months after receiving the statement; or\n(b) within any longer period determined by the Administrator.\n(5) The Auditor-General must forward a copy of his or her report to the\nDirector.\n\nPart 7 By-laws, rules and codes of conduct\nBatchelor Institute of Indigenous Tertiary Education Act 1999 34\n","sortOrder":57},{"sectionNumber":"47","sectionType":"section","heading":"Reports to be laid before Legislative Assembly","content":"47 Reports to be laid before Legislative Assembly\nThe Minister must lay:\n(a) the report prepared under section 45(1); and\n(b) the financial statement and the report of the Auditor-General\nprepared under section 46;\nbefore the Legislative Assembly within 6 sitting days of the\nAssembly after the last of the reports is received by the Minister.\n","sortOrder":58},{"sectionNumber":"48","sectionType":"section","heading":"Financial Management Act 1995 does not apply to the Institute","content":"48 Financial Management Act 1995 does not apply to the Institute\nThe Financial Management Act 1995 does not apply to the Institute.\nPart 7 By-laws, rules and codes of conduct\n","sortOrder":59},{"sectionNumber":"49","sectionType":"section","heading":"Power to make by-laws","content":"49 Power to make by-laws\n(1) The Council may make by-laws, not inconsistent with this Act,\nprescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) Without limiting subsection (1), the Council may make by-laws to do\nany of the following:\n(a) provide for the use and custody of the common seal of the\nInstitute and the performance of specified functions of the\nInstitute without the common seal;\n(b) prescribe matters relating to the election of members of the\nCouncil, including the qualifications of people electing the\nmembers and the procedures for enrolling to vote, conducting\nballots, counting votes and declaring the result;\n(c) prescribe the manner and time of convening, holding and\nadjourning meetings of the Council or Board and the manner\nof voting at the meetings and conducting and recording the\nbusiness of the meetings;\n(d) prescribe the powers and duties of the person presiding at a\nmeeting of the Council or Board;\n\nPart 7 By-laws, rules and codes of conduct\nBatchelor Institute of Indigenous Tertiary Education Act 1999 35\n(e) provide for the appointment of members of Council\ncommittees established under section 23(1) and the quorum,\npowers and duties of the committees;\n(f) prescribe powers and functions of the Director and Deputy\nDirector;\n(g) provide for the enrolment of students;\n(h) provide for the admission of students of other universities or\neducational establishments, or persons who have completed\ntraining courses for the purposes of professional associations\nor practical work, to a corresponding status in the Institute with\nor without examination;\n(j) provide for the admission of graduates of other universities or\neducational establishments to a corresponding degree or\ndiploma of the Institute;\n(k) provide for the promotion, development and organisation of\nthe teaching and research of the Institute;\n(m) provide for the accrediting of educational and training courses\nand programs offered by the Institute and the conferring of\ndegrees, diplomas, certificates and honours and honorary and\nother awards by the Institute;\n(n) provide for the granting of fellowships, scholarships,\nexhibitions, bursaries and prizes by the Institute;\n(p) provide for the establishment, management and control of\ncultural centres, libraries and museums by the Institute or in\nconnection with the operations of the Institute;\n(q) provide for the establishment, management and control of\nhalls of residence and other accommodation provided by the\nInstitute;\n(r) prescribe the manner by which the Institute is to affiliate or\notherwise associate with an educational or research\nestablishment, whether in the Territory or elsewhere;\n(s) provide for the control and investment of the property of or\nheld by or in the custody, management or control of the\nInstitute, including property held on trust or subject to a\ncondition;\n(t) provide for the use of personal property of or under the control\nof the Institute and its protection from damage or misuse;\n\nPart 7 By-laws, rules and codes of conduct\nBatchelor Institute of Indigenous Tertiary Education Act 1999 36\n(u) regulate or prohibit access to and use of the land and\nbuildings of or under the control or management of the\nInstitute and the conduct of persons and the presence, use\nand removal of vehicles and animals on the land or in or near\nthe buildings and the impounding or disposal of those vehicles\nor animals;\n(w) provide for the appointment, promotion, transfer, resignation\nand retirement of staff and prescribe the terms and conditions\nof appointment of staff;\n(x) prescribe procedures in respect of the inability of staff to\ndischarge duties, breaches of discipline by staff and\ngrievances of staff;\n(y) provide for the recognition of the status of graduates;\n(z) regulate or prohibit the conduct of students and prescribe\nprocedures in respect of breaches of discipline by students,\nincluding the prescribing of disciplinary offences and providing\nfor the exercise of disciplinary powers by a specified person;\n(za) provide for the manner of making and publishing rules by the\nCouncil, including the authorisation by the Council of a person\nto sign them, and for the enforcement of those rules;\n(zb) prescribe the manner of making and publishing a code of\nconduct by the Council and for the enforcement of a code of\nconduct;\n(zc) prescribe the manner by which the Council may suspend the\noperation of a by-law, rule or code of conduct;\n(zd) prescribe the method of collection of the fees determined by\nthe Council under section 36;\n(ze) provide for the establishment of a campus, annex or\ncommunity study centre of the Institute;\n(zf) provide for appeals against decisions made under the Act, the\nBy-laws or the rules, including the procedures for the\nlodgement, conduct and determination of an appeal and the\nawarding of costs;\n(zg) prescribe the proof that is necessary or sufficient to establish a\nmatter relevant to an offence against the By-laws or rules;\n(zh) provide for the payment of a prescribed amount instead of a\npenalty that may otherwise be imposed for an offence against\nthe By-laws or rules;\n\nPart 7 By-laws, rules and codes of conduct\nBatchelor Institute of Indigenous Tertiary Education Act 1999 37\n(zj) provide for the service of notices on persons alleged to have\ninfringed the By-laws or rules and the particulars to be\nincluded in those notices;\n(zk) provide for maximum penalties of, or an amount equal to,\n8 penalty units for an offence against the By-laws;\n(zm) designate an offence against the By-laws to be a regulatory\noffence.\n(3) A by-law may do any of the following:\n(a) authorise a specified person or body or specified class of\npersons or bodies to do an act or thing;\n(b) provide that an act or thing is to be done with the approval of a\nspecified person or body or a member of a specified class of\npersons or bodies;\n(c) confer a discretionary authority or power of inspection on a\nspecified person or body or a specified class of persons or\nbodies.\n(4) A by-law may provide for matters of prohibition or regulation, either\nabsolutely or in relation to a class of act, matter or thing or a\nsituation or other circumstance.\n(5) A by-law may authorise the exercise of the Institute's power to\nmake rules in respect of a matter specified in the by-law.\n","sortOrder":60},{"sectionNumber":"50","sectionType":"section","heading":"By-laws relating to vehicles","content":"50 By-laws relating to vehicles\n(1) Without limiting section 49, a by-law may do any of the following:\n(a) create offences in relation to the use of motor vehicles\nincluding offences for any of the following:\n(i) bringing a vehicle onto or parking or standing a vehicle\non a site in breach of a by-law;\n(ii) driving a vehicle on a site in breach of a by-law;\n(iii) driving a vehicle on a site at a speed in excess of a\nspeed that, in relation to the site, is prescribed,\ndetermined by a method prescribed or fixed by a person\nauthorised by a by-law;\n(iv) driving a vehicle on a site contrary to a direction,\nwhether given by a traffic control device on the site or by\na person authorised by a by-law to do so;\n\nPart 7 By-laws, rules and codes of conduct\nBatchelor Institute of Indigenous Tertiary Education Act 1999 38\n(v) doing any other prescribed act on a site;\n(b) in relation to an offence created under paragraph (a) – provide\nthat the person who was in charge of the vehicle at the\nmaterial time or the owner of the vehicle (whether or not in\ncharge of the vehicle at the material time) may be found guilty\nof committing the offence;\n(c) define who is the owner of a vehicle for the purposes of the\nBy-laws;\n(d) provide for the removal or disposal of a vehicle that is:\n(i) parked or left standing on a site in such a position as to\nobstruct, interfere with or cause danger to other vehicles\non the site or to users of the site; or\n(ii) apparently abandoned on a site.\n(2) A by-law mentioned in subsection (1)(b) is not to be construed so\nthat both the owner of a vehicle and the person in charge of it at the\ntime the offence is committed are found guilty of the offence.\n(3) In this section, site means land or a building of or in the control or\nmanagement of the Institute or a part of that land or building.\n","sortOrder":61},{"sectionNumber":"51","sectionType":"section","heading":"Rules","content":"51 Rules\n(1) The Council may, in the manner prescribed by the By-laws, make\nrules for carrying into effect any of the provisions of this Act or the\nBy-laws.\n(2) The Council may not make a rule that is inconsistent with this Act or\nthe By-laws.\n(3) The rules may provide for maximum penalties of, or an amount\nequal to, 0.8 penalty unit for an offence against the rules.\n(4) Rules are to take effect from the date of their publication or, where\na later date is provided for in the rules, from that later date.\n","sortOrder":62},{"sectionNumber":"52","sectionType":"section","heading":"Codes of conduct","content":"52 Codes of conduct\nThe Council may, in the manner prescribed by the By-laws, make\ncodes of conduct in relation to the activities and conduct of its\nmembers and the staff, students and members of the Board.\n\n","sortOrder":63},{"sectionNumber":"Part 7","sectionType":"part","heading":"By-laws, rules and codes of conduct","content":"Part 7 By-laws, rules and codes of conduct\nBatchelor Institute of Indigenous Tertiary Education Act 1999 39\n","sortOrder":64},{"sectionNumber":"53","sectionType":"section","heading":"Recovery of penalties imposed under by-laws and rules","content":"53 Recovery of penalties imposed under by-laws and rules\n(1) A penalty imposed under a by-law or rule is a debt due and payable\nto the Institute by the person on whom it is imposed.\n(2) In proceedings for the recovery of a penalty mentioned in\nsubsection (1), a certificate signed by the Director specifying:\n(a) the person or body by whom the penalty was imposed; and\n(b) the date on which it was imposed; and\n(c) the amount of the penalty;\nis evidence of those matters.\n","sortOrder":65},{"sectionNumber":"54","sectionType":"section","heading":"Application of by-laws, rules and codes of conduct","content":"54 Application of by-laws, rules and codes of conduct\n(1) A by-law, rule or code of conduct may be made to:\n(a) apply to all or particular operations of the Institute; or\n(b) be in force within:\n(i) all campuses, annexes and community study centres of\nthe Institute and other land and buildings of or in the\ncontrol or management of the Institute; or\n(ii) a particular campus, annex or community study centre of\nthe Institute or other area of land or a building or part of\na building of or in the control or management of the\nInstitute.\n(2) The Council may, in the manner prescribed by the By-laws,\nsuspend the operation of a by-law, rule or code of conduct:\n(a) for a specified period; or\n(b) on a specified campus, annex or community study centre or\nother specified land or building of or in the control or\nmanagement of the Institute; or\n(c) to a specified class of persons or circumstances.\n","sortOrder":66},{"sectionNumber":"55","sectionType":"section","heading":"Proof of by-laws, rules and codes of conduct","content":"55 Proof of by-laws, rules and codes of conduct\n(1) In any proceedings, the production of:\n(a) a copy of a by-law, rule or code of conduct purporting to be\ncertified as a true copy of the by-law, rule or code of conduct\nand signed by the Director; and\n\nPart 8 Miscellaneous matters\nBatchelor Institute of Indigenous Tertiary Education Act 1999 40\n(b) the minutes of the meeting of the Council at which the Council\nmade the by-law, rule or code of conduct or a copy of a\ndocument purporting to be a true copy of or an extract from\nthe minutes of that meeting and signed by the Chairperson;\nand\n(c) in relation to a by-law – the Gazette in which notification of the\nmaking of the by-law is published;\nis conclusive evidence of the by-law, rule or code of conduct having\nbeen made and the contents of the by-law, rule or code of conduct.\n(2) In any proceedings, the production of:\n(a) the minutes of the meeting of the Council at which the Council\nsuspended the operation of a by-law, rule or code of conduct\nunder section 54(2) or a copy of a document purporting to be\na true copy of or an extract from the minutes of that meeting\nand signed by the Chairperson; and\n(b) a copy of any notice required by the By-laws to be given in\nrelation to the suspension of the by-law, rule or code of\nconduct;\nis conclusive evidence of the suspension of the by-law, rule or code\nof conduct.\n","sortOrder":67},{"sectionNumber":"56","sectionType":"section","heading":"Application of Interpretation Act 1978 to By-laws and rules","content":"56 Application of Interpretation Act 1978 to By-laws and rules\n(1) Section 57 of the Interpretation Act 1978 does not apply to the\nBy-laws or rules.\n(2) Sections 63A to 63C of the Interpretation Act 1978 do not apply to\nrules.\nPart 8 Miscellaneous matters\n","sortOrder":68},{"sectionNumber":"57","sectionType":"section","heading":"Protection from liability","content":"57 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as any of the following:\n(a) a member of the Council;\n(b) a member of a Council committee;\n(c) a member of the Board.\n\n","sortOrder":69},{"sectionNumber":"Part 8","sectionType":"part","heading":"Miscellaneous matters","content":"Part 8 Miscellaneous matters\nBatchelor Institute of Indigenous Tertiary Education Act 1999 41\n(2) In addition, the person is not civilly or criminally liable for an act\ndone or omitted to be done by the Institute, the Council, a Council\ncommittee or the Board, in the exercise of a power or performance\nof a function under this Act.\n(3) Subsections (1) and (2) do not affect any liability the Institute would,\napart from those subsections, have for the act or omission.\n(4) In this section:\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n","sortOrder":70},{"sectionNumber":"58","sectionType":"section","heading":"Form and execution of contracts and other documents of","content":"58 Form and execution of contracts and other documents of\nInstitute\n(1) A deed, instrument, contract or agreement relating to any property\nor matter that, if made or executed by an individual, would by law\nbe required to be in writing under seal may be made on behalf of\nthe Institute in writing under its common seal.\n(2) An instrument, contract or agreement relating to any property or\nmatter that, if made by or between individuals, would be required to\nbe in writing signed by the parties to it may be made or entered into\non behalf of the Institute in writing by a person acting under the\nauthority, express or implied, of the Council.\n(3) A contract relating to any property or matter that, if made between\nindividuals, would by law be valid although made or entered into by\nparole only and not reduced to writing may be made on behalf of\nthe Institute by a person acting under the authority, express or\nimplied, of the Council.\n(4) A contract entered into or an instrument, contract or agreement\nsigned in relation to any property or obligation of the Institute is to\nbe taken to have been entered into or signed with the express\nauthority of the Council if it is entered into or signed in accordance\nwith a resolution of the Council.\n","sortOrder":71},{"sectionNumber":"59","sectionType":"section","heading":"Savings and transitional matters for Batchelor Institute of","content":"59 Savings and transitional matters for Batchelor Institute of\nIndigenous Tertiary Education Act 1999\n(1) The savings and transitional provisions are set out in the Schedule.\n(2) This Act is to be construed, with the necessary changes, to give\neffect to the Schedule.\n\nPart 9 Transitional matters for Batchelor Institute of Indigenous Tertiary Education\nAmendment Act 2012\nDivision 1 Preliminary and general matters\nBatchelor Institute of Indigenous Tertiary Education Act 1999 42\nPart 9 Transitional matters for Batchelor Institute of\nIndigenous Tertiary Education Amendment\nAct 2012\n","sortOrder":72},{"sectionNumber":"Div 1","sectionType":"division","heading":"Preliminary and general matters","content":"Division 1 Preliminary and general matters\n","sortOrder":73},{"sectionNumber":"60","sectionType":"section","heading":"Definitions","content":"60 Definitions\nIn this Part:\ncommencement day means the day on which this Part\ncommences.\nestablishment day, see section 68(1).\ninterim Council means the interim Council constituted under\nsection 64.\ninterim period means the period from the commencement day to\nthe day before the establishment day.\nnew Council means the Council constituted and established under\nDivision 3.\nrepealed, in relation to a specified provision of this Act, means the\nprovision as in force immediately before the commencement day.\n","sortOrder":74},{"sectionNumber":"61","sectionType":"section","heading":"Continuation of Council By-laws, rules, codes, resolutions and","content":"61 Continuation of Council By-laws, rules, codes, resolutions and\nactions\n(1) By-laws, rules, codes of conduct and resolutions made by a Council\nconstituted under repealed Part 3 and in force immediately before\nthe commencement day continue in force as if they had been made\nby the interim Council.\n(2) Anything done or omitted to be done before the commencement\nday by a Council constituted under repealed Part 3 is, during the\ninterim period, taken to have been done or omitted to be done by\nthe interim Council.\n","sortOrder":75},{"sectionNumber":"62","sectionType":"section","heading":"Continuation of interim Council By-laws, rules, codes,","content":"62 Continuation of interim Council By-laws, rules, codes,\nresolutions and actions\n(1) By-laws, rules, codes of conduct and resolutions made by the\ninterim Council that are in force immediately before the\nestablishment day continue in force as if they had been made by\nthe new Council.\n\nPart 9 Transitional matters for Batchelor Institute of Indigenous Tertiary Education\nAmendment Act 2012\nDivision 2 Interim Council and interim Nominations Committee\nBatchelor Institute of Indigenous Tertiary Education Act 1999 43\n(2) Anything done or omitted to be done by the interim Council during\nthe interim period is taken to have been done or omitted to be done\nby the new Council.\n(3) A reference in subsection (1) to By-laws, rules, codes of conduct\nand resolutions made by the interim Council is a reference to\nBy-laws, rules, codes of conduct and resolutions:\n(a) made by the interim Council during the interim period; and\n(b) continued in force as mentioned in section 61(1).\n(4) A reference in subsection (2) to anything done or omitted to be\ndone by the interim Council is a reference to:\n(a) anything done or omitted to be done by the interim Council\nduring the interim period; and\n(b) anything taken to have been done or omitted to be done as\nmentioned in section 61(2).\n","sortOrder":76},{"sectionNumber":"63","sectionType":"section","heading":"Director and Deputy Director","content":"63 Director and Deputy Director\nThe following continue in force on and after the commencement\nday:\n(a) appointments of the Director and Deputy Director under\nrepealed sections 27 and 28;\n(b) the terms and conditions of those appointments;\n(c) delegations under repealed section 29 other than delegations\nof powers or functions conferred or imposed under repealed\nPart 3.\n","sortOrder":77},{"sectionNumber":"Div 2","sectionType":"division","heading":"Interim Council and interim Nominations","content":"Division 2 Interim Council and interim Nominations\nCommittee\n","sortOrder":78},{"sectionNumber":"64","sectionType":"section","heading":"Interim Council to operate in interim period","content":"64 Interim Council to operate in interim period\n(1) During the interim period, sections 9 and 10 apply as if a reference\nin those sections to the Council were a reference to the interim\nCouncil.\n(2) The interim Council consists of 5 persons appointed in writing by\nthe Minister, one of whom is to be appointed as the Chairperson of\nthe interim Council.\n\nPart 9 Transitional matters for Batchelor Institute of Indigenous Tertiary Education\nAmendment Act 2012\nDivision 3 New Council\nBatchelor Institute of Indigenous Tertiary Education Act 1999 44\n(3) The Minister must be satisfied that each person appointed under\nsubsection (2) has the appropriate qualifications or expertise for\nmembership of the interim Council.\n(4) The interim Council may exercise the powers and perform the\nfunctions of the Council under this Act during the interim period as if\nit were the Council constituted under section 11.\n(5) A member of the interim Council has the same powers, functions,\nresponsibilities, duties and protections under this Act as a member\nof the Council constituted under section 11.\n","sortOrder":79},{"sectionNumber":"65","sectionType":"section","heading":"Interim Nominations Committee","content":"65 Interim Nominations Committee\n(1) During the interim period, this Act applies as if a reference in this\nAct to the Nominations Committee were a reference to the interim\nNominations Committee.\n(2) The interim Nominations Committee consists of the following\npersons:\n(a) the Chairperson of the interim Council;\n(b) the Director;\n(c) the Chief Executive Officer of the Education Agency or the\nChief Executive Officer's nominee;\n(d) an indigenous person appointed by the Minister.\n(3) The Minister must be satisfied that the person appointed under\nsubsection (2)(d) has appropriate qualifications or expertise to carry\nout the functions of a member of the interim Nominations\nCommittee.\n","sortOrder":80},{"sectionNumber":"Div 3","sectionType":"division","heading":"New Council","content":"Division 3 New Council\n","sortOrder":81},{"sectionNumber":"66","sectionType":"section","heading":"Appointment and election of members of new Council","content":"66 Appointment and election of members of new Council\n(1) The new Council must be constituted in accordance with\nsection 11.\n(2) For constituting the new Council, the Director must give notice\nunder section 12 and make the requests under section 13 within\n1 calendar month after the commencement day.\n\nPart 9 Transitional matters for Batchelor Institute of Indigenous Tertiary Education\nAmendment Act 2012\nDivision 4 Board\nBatchelor Institute of Indigenous Tertiary Education Act 1999 45\n(3) Subject to this Division, Part 3 applies in relation the following\nmatters as if a reference in Part 3 to the Council were a reference\nto the new Council:\n(a) the nomination and appointment of a person as a member of\nthe new Council;\n(b) the election and declaration of a person to be a member of the\nnew Council;\n(c) the appointment of a person as a member of the new Council\nif there is a failure to nominate or elect a member.\n","sortOrder":82},{"sectionNumber":"67","sectionType":"section","heading":"Term of appointment of new Council members","content":"67 Term of appointment of new Council members\n(1) Section 15 applies in relation to the term of appointment of the\nmembers of the new Council except:\n(a) the member appointed under section 11(1)(b) to whom\nsection 11(3)(b) applies; and\n(b) the member appointed under section 11(1)(b) to whom\nsection 11(3)(c) applies; and\n(c) the member appointed under section 11(1)(b) to whom\nsection 11(3)(d) applies; and\n(d) the member appointed under section 11(1)(c).\n(2) A member of the new Council mentioned in subsection (1) is\nappointed for a term of 2 years.\n","sortOrder":83},{"sectionNumber":"68","sectionType":"section","heading":"Establishment day","content":"68 Establishment day\n(1) The new Council is established as the Council under section 9 on\nthe day (the establishment day) on which all of the appointments\nand declarations of persons as members of the new Council have\ntaken effect, and all of the members of the new Council can take\noffice, as mentioned in section 15(4).\n(2) The new Council must hold its first meeting no later than 30 days\nafter the establishment day.\nDivision 4 Board\n","sortOrder":84},{"sectionNumber":"69","sectionType":"section","heading":"Expressions of interest for appointment to Board","content":"69 Expressions of interest for appointment to Board\nThe Director must give notice under section 24C within 1 calendar\nmonth after the commencement day.\n\n","sortOrder":85},{"sectionNumber":"Part 9","sectionType":"part","heading":"Transitional matters for Batchelor Institute of Indigenous Tertiary Education","content":"Part 9 Transitional matters for Batchelor Institute of Indigenous Tertiary Education\nAmendment Act 2012\n","sortOrder":86},{"sectionNumber":"Div 4","sectionType":"division","heading":"Board","content":"Division 4 Board\nBatchelor Institute of Indigenous Tertiary Education Act 1999 46\n","sortOrder":87},{"sectionNumber":"70","sectionType":"section","heading":"First meeting of Board","content":"70 First meeting of Board\nThe Board must hold its first meeting no later than 30 days after the\nday on which all of the appointments of the persons mentioned in\nsection 24B(1)(b) have taken effect, and all of the members of the\nBoard can take office, as mentioned in section 24D(3).\n\nSchedule Savings and transitional provisions\nBatchelor Institute of Indigenous Tertiary Education Act 1999 47\nSchedule Savings and transitional provisions\nsection 59\n1. References to Batchelor College\nSubject to the appearance of a contrary intention, a reference to the\nBatchelor College in an Act, an instrument of a legal or\nadministrative character or any other document is, on the\ncommencement of this Act, to be taken to be and to have effect as\nif it were a reference to the Institute.\n2. Council, Chairperson and Deputy Chairperson\n(1) On the commencement of this Act, the council of Batchelor College\nis the Council of the Institute and continues, subject to this Act, as\nthe Council until the first meeting of the first Council.\n(2) On the commencement of this Act:\n(a) the members of the council of Batchelor College in office\nimmediately before that commencement are the members of\nthe Council and continue, subject to this Act, to hold office as\nmembers of the Council; and\n(b) the chairman of the council of Batchelor College immediately\nbefore that commencement is the Chairperson of the Council\nand continues, subject to this Act, to hold office as the\nChairperson of the Council,\nuntil the first meeting of the first Council.\n(3) On the commencement of this Act, the vice-chairman of the council\nof Batchelor College immediately before that commencement is the\nDeputy Chairperson of the Council and continues subject to this Act\nto hold office as the Deputy Chairperson until the election of the\nDeputy Chairperson at the first meeting of the first Council.\n(4) The first meeting of the first Council is to be held not later than\n","sortOrder":88},{"sectionNumber":"31","sectionType":"section","heading":"December 1999.","content":"31 December 1999.\n3. Assets and liabilities, including contracts generally\n(1) On the commencement of this Act:\n(a) all real and personal property and all rights and interests in\nand management and control of that property that,\nimmediately before that commencement, was vested in or\nbelonged to Batchelor College, by virtue of this Act and\n\nSchedule Savings and transitional provisions\nBatchelor Institute of Indigenous Tertiary Education Act 1999 48\nwithout further assurance, vest in and belong to the Institute;\n(b) all licences held by Batchelor College immediately before that\ncommencement become, subject to any other Act (including\nany Act of the Commonwealth), licences held by the Institute;\n(c) all money and liquidated and unliquidated claims that were,\nimmediately before that commencement, payable to or\nrecoverable by Batchelor College are money and liquidated\nand unliquidated claims payable to or recoverable by the\nInstitute;\n(d) all proceedings pending immediately before that\ncommencement at the suit of Batchelor College are to be\ntaken to be proceedings pending at the suit of the Institute;\n(e) all proceedings pending immediately before that\ncommencement against Batchelor College are to be taken to\nbe proceedings pending against the Institute;\n(f) all contracts, agreements, arrangements and undertakings\n(other than a contract of employment or a contract,\nagreement, arrangement or undertaking entered into with a\nstudent in respect of the provision of a program or course of\nstudy or instruction) entered into with Batchelor College and in\nforce immediately before that commencement are to be taken\nto be contracts, agreements, arrangements and undertakings\nentered into with the Institute;\n(g) all securities lawfully given to or by Batchelor College and in\nforce immediately before that commencement are to be taken\nto be securities given to or by the Institute;\n(h) the Institute may, without limiting the remedies or powers that\nare available to it, pursue the same remedies for the recovery\nof money and claims and the prosecution of offences as\nBatchelor College would, but for this Act, have had available\nto it;\n(j) the Institute may enforce and realise any security or charge in\nfavour of Batchelor College that existed immediately before\nthat commencement and may exercise any powers conferred\non Batchelor College by the security or charge as if the\nsecurity or charge were a security or charge in favour of the\nInstitute;\n(k) all debts, money and claims (whether liquidated or\nunliquidated) that, immediately before that commencement,\nwere due or payable by Batchelor College or recoverable\nagainst Batchelor College are due or payable by or\n\nSchedule Savings and transitional provisions\nBatchelor Institute of Indigenous Tertiary Education Act 1999 49\nrecoverable against the Institute; and\n(m) all liquidated and unliquidated claims for which Batchelor\nCollege would, but for this Act, have been liable are liquidated\nand unliquidated claims for which the Institute is liable.\n(2) No attornment to the Institute is required by a lessee of Batchelor\nCollege.\n(3) On the lodgement of this Act with the Registrar-General or any\nother officer controlling a register or other record of rights and\ninterests in property, the Registrar-General or officer must, in\nrespect of the property which was vested in Batchelor College or in\nwhich Batchelor College held an interest immediately before the\ncommencement of this Act, make the entries in the relevant\nregisters or records that are necessary to give effect to this clause.\n(4) No duty, fee or other charge is payable by the Institute in relation to\nthe transfer or vesting of property in the Institute by virtue of this\nAct.\n4. Staff\n(1) On the commencement of this Act, a person who immediately\nbefore the commencement of this Act was an employee within the\nmeaning of the Public Sector Employment and Management\nAct 1993 (other than a casual employee) at Batchelor College and\nwho:\n(a) presents himself or herself for work at the Institute on the first\nworking day after that commencement;\n(b) is on leave on the first working day after that commencement\nbut presents himself or herself for work at the Institute on the\nfirst day after the expiry of that leave; or\n(c) has in the opinion of the Director (whose decision in the matter\nis final) a reasonable excuse for not presenting himself or\nherself for work in accordance with paragraph (a) or (b) but\ndoes so by a day determined by the Director,\nis a member of the staff at the Institute unless and until (but not\nlater than 12 months after that commencement) he or she decides\nto remain employed as an employee within the meaning of the\nPublic Sector Employment and Management Act 1993.\n\nSchedule Savings and transitional provisions\nBatchelor Institute of Indigenous Tertiary Education Act 1999 50\n(2) A person who under subclause (1) is a member of the staff of the\nInstitute:\n(a) is entitled to be paid salary or wages, allowances and other\nbenefits at rates equal to, and on the same terms and\nconditions as, those that were payable to him or her\nimmediately before the commencement of this Act until his or\nher salary, wages, allowances or other benefits is or are\nvaried or altered by an award of a competent tribunal or an\nindustrial agreement or by any other lawful means or, subject\nto such an award or agreement or other lawful means, by a\ndecision of the Council;\n(b) continues to be employed on the same conditions as the\nconditions of his or her employment under the Public Sector\nEmployment and Management Act 1993 or the Child Care\nIndustry (Northern Territory) Award 1993 (as amended)\nimmediately before the commencement of this Act (including\nany period of probation or any approval given under\nsection 61 of that Act to engage in paid employment outside\nhis or her employment at Batchelor College) until varied or\naltered by an award of a competent tribunal or an industrial\nagreement or by any other lawful means or, subject to such an\naward or agreement or other lawful means, by a decision of\nthe Council;\n(c) retains the position held by him or her at Batchelor College\nimmediately before that commencement; and\n(d) retains all his or her existing and accruing rights arising from\nhis or her employment under the Public Sector Employment\nand Management Act 1993 or the Child Care Industry\n(Northern Territory) Award 1993 (as amended) as if he or she\ncontinued to be employed under that Act, and for that purpose\nthe person's service under that Act is to be taken to be service\nwith the Institute.\n(3) If the contract of employment of a person who under subclause (1)\nis a member of the staff of the Institute is, as in force immediately\nbefore the commencement of this Act, expressed to expire on a\nspecified or ascertainable date that occurs after that\ncommencement, the person is to be taken to be a member of the\nstaff of the Institute under a contract of employment that expires on\nthe same date.\n(4) All:\n(a) rights and proceedings under Parts 7, 8 or 9 of the Public\nSector Employment and Management Act 1993 or arising\n\nSchedule Savings and transitional provisions\nBatchelor Institute of Indigenous Tertiary Education Act 1999 51\nbecause of the Child Care Industry (Northern Territory)\nAward 1993 (as from time to time in force) of or in respect of a\nperson who under subclause (1) is a member of the staff of\nthe Institute that exist and are pending or have commenced\nimmediately before the commencement of this Act;\n(b) obligations, duties, liabilities or remedies under the Public\nSector Employment or Management Act 1993 or arising\nbecause of the award in respect of those rights and\nproceedings; and\n(c) orders, directions or decisions made in respect of those rights\nor proceedings under the Public Sector Employment and\nManagement Act 1993 or because of the award,\ncontinue unaffected and may be dealt with under the Public Sector\nEmployment and Management Act 1993 or the award as if this Act\nhad not commenced, and this Act and the By-laws apply to and in\nrelation to those orders, directions or decisions with the necessary\nchanges.\n(5) Any suspension, instruction, direction or other action that:\n(a) was taken or given under the Public Sector Employment and\nManagement Act 1993 or because of the Child Care Industry\n(Northern Territory) Award 1993 (as from time to time in force)\nto or in relation to a person who under subclause (1) is a\nmember of the staff of the Institute; and\n(b) is in force immediately before the commencement of this Act,\ncontinues to have effect as if this Act had not commenced, and this\nAct and the By-laws apply to and in relation to the suspension,\ninstruction, direction or other action with the necessary changes.\n(6) A person who under subclause (1) is a member of the staff of the\nInstitute is not entitled to claim benefits under both this Act and the\nPublic Sector Employment and Management Act 1993 in respect of\nthe same period of service.\n5. Students\n(1) Subject to the By-laws and rules, each person who is, immediately\nbefore the commencement of this Act, enrolled in a program or\ncourse as a student of Batchelor College is on that commencement\na student of the Institute who is enrolled in the program or course\noffered by the Institute that is substantially the same in content as\nthe course offered by Batchelor College.\n\nSchedule Savings and transitional provisions\nBatchelor Institute of Indigenous Tertiary Education Act 1999 52\n(2) The Institute must, on the commencement of this Act, provide the\neducational programs or courses that are necessary to replace\nthose offered by Batchelor College referred to in subclause (1).\n(3) Subject to the By-laws and rules, if a student is enrolled by virtue of\nsubclause (1) in a program or course offered by the Institute, the\nInstitute must give the student credit for any subjects or work\ncompleted by the student when enrolled in the program or course\noffered by Batchelor College.\n(4) If a person completes a program or course offered by Batchelor\nCollege before the commencement of this Act but on that\ncommencement an award in respect of the program or course has\nnot been conferred on him or her, the Institute may, after holding\nany examination or making any assessment that the Council\nconsiders necessary, confer the award on him or her.\n(5) An award conferred under subclause (4) is to be under the seal of\nthe Institute and signed by the person or persons the Council\nappoints for that purpose.\n6. Holdings or interests in corporations\nIf, before the commencement of this Act, Batchelor College\nestablished or participated in the establishment of a body corporate\n(however described and whether in Australia or elsewhere) any of\nthe shares or other beneficial interests in which are held by or on\nbehalf of Batchelor College, those shares or other beneficial\ninterests are, on that commencement, held by or on behalf of the\nInstitute.\n7. By-laws, rules etc.\nOn the commencement of this Act, the by-laws, rules and\nresolutions made by the council of Batchelor College that:\n(a) are in force immediately before the commencement of this\nAct; and\n(b) are by-laws, rules or resolutions that the Council could make\nafter that commencement,\nare to be taken to be made and have effect for all purposes as\nhaving been made by the Council under this Act and the Council\nmay vary, amend, repeal or otherwise deal with those by-laws,\nrules or resolutions as if they were By-laws, rules or resolutions\nmade by the Council under this Act.\n\nSchedule Savings and transitional provisions\nBatchelor Institute of Indigenous Tertiary Education Act 1999 53\n8. General\nSubject to this Act, any act, matter or thing done or omitted to be\ndone before the commencement of this Act by, to or in respect of\nBatchelor College is, to the extent that it would but for this Act have\nhad force or effect or been in operation after that commencement,\nto be taken to have been done or omitted to be done by, to or in\nrespect of the Institute.\n\nENDNOTES\nBatchelor Institute of Indigenous Tertiary Education Act 1999 54\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n","sortOrder":89},{"sectionNumber":"2","sectionType":"section","heading":"LIST OF LEGISLATION","content":"2 LIST OF LEGISLATION\nBatchelor Institute of Indigenous Tertiary Education Act 1999 (Act No. 28, 1999)\nAssent date 18 June 1999\nCommenced 1 July 1999 (s 2)\nNorthern Territory Employment and Training Authority (Consequential Amendments)\nAct 1999 (Act No. 52, 1999\nAssent date 30 November 1999\nCommenced 30 November 1999\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth) (Act\nNo. 56, 1990) and Cth Gaz S285, 13 July 2001)\nStatute Law Revision (Financial Provisions) Act 2002 (Act No. 38, 2002)\nAssent date 13 September 2002\nCommenced 30 October 2002 (Gaz G43, 30 October 2002, p 3)\nNorthern Territory Employment and Training Authority (Consequential Amendments)\nAct 2002 (Act No. 47, 2002)\nAssent date 13 September 2002\nCommenced 6 Nov 2002 (s 2, s 2 Northern Territory Employment and\nTraining Authority Act 2002 and Gaz G44, 6 November 2002,\np 2)\nBatchelor Institute of Indigenous Tertiary Education Amendment Act 2005 (Act No. 30,\n2005)\nAssent date 26 August 2005\nCommenced 30 September 2005 (Gaz G39, 28 September 2005, p 4)\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\n\nENDNOTES\nBatchelor Institute of Indigenous Tertiary Education Act 1999 55\nBatchelor Institute of Indigenous Tertiary Education Amendment Act 2012 (Act No. 4,\n2012)\nAssent date 22 March 2012\nCommenced 14 May 2012 (Gaz S20, 11 May 2012)\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12 July 2013\nCommenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nInterpretation Amendment Act 2021 (Act No. 28, 2021)\nAssent date 15 December 2021\nCommenced 1 January 2022 (s 2)\n","sortOrder":90},{"sectionNumber":"3","sectionType":"section","heading":"GENERAL AMENDMENTS","content":"3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 48 and 56 and sch.\n","sortOrder":91},{"sectionNumber":"4","sectionType":"section","heading":"LIST OF AMENDMENTS","content":"4 LIST OF AMENDMENTS\npt 1 hdg ins No. 4, 2012, s 10\ns 3 amd No. 4, 2012, s 4; No. 4, 2017, s 34\ns 4 amd No. 4, 2012, s 10\nss 6 – 7 amd No. 4, 2012, s 10\ns 8 amd No. 17, 2001, s 21; No. 4, 2012, s 10\npt 3 hdg sub No. 4, 2012, s 5\npt 3\ndiv 1 hdg sub No. 4, 2012, s 5\ns 9 sub No. 4, 2012, s 5\ns 10 amd No. 52, 1999, s 3; No. 47, 2002, s 3; No. 30, 2005, s 4\nsub No. 4, 2012, s 5\nss 11 – 12 sub No. 4, 2012, s 5\ns 13 amd No. 30, 2005, s 5\nsub No. 4, 2012, s 5\nss 14 – 17 sub No. 4, 2012, s 5\ns 17A ins No. 30, 2005, s 6\nrep No. 4, 2012, s 5\ns 18 amd No. 30, 2005, s 7\nsub No. 4, 2012, s 5\nss 19 – 21 sub No. 4, 2012, s 5\npt 3\ndiv 2 hdg ins No. 4, 2012, s 5\nss 22 – 23 sub No. 4, 2012, s 5\npt 3\ndiv 3 hdg ins No. 4, 2012, s 5\ns 24\nss 24A – 24G ins No. 4, 2012, s 5\npt 3\ndiv 4 hdg ins No. 4, 2012, s 5\nss 25 – 26 sub No. 4, 2012, s 5\n\nENDNOTES\nBatchelor Institute of Indigenous Tertiary Education Act 1999 56\nss 26A – 26B ins No. 4, 2012, s 5\npt 3\ndiv 2 hdg rep No. 4, 2012, s 5\npt 3\ndiv 5 hdg ins No. 4, 2012, s 5\nss 27 – 30 sub No. 4, 2012, s 5\ns 31 amd No. 4, 2012, s 10\ns 36 amd No. 4, 2012, s 10\ns 37 amd No. 38, 2002, s 6; No. 4, 2012, s 10; No. 4, 2017, s 34\ns 38 amd No. 4, 2012, s 10\ns 40 amd No. 4, 2012, s 10\ns 41 amd No. 38, 2002, s 6; No. 4, 2012, s 10\nss 43 – 44 amd No. 4, 2012, s 10\ns 45 amd No. 4, 2012, s 6\nss 46 – 47 amd No. 4, 2012, s 10\ns 49 amd No. 4, 2012, s 10; No. 23, 2013, s 11\ns 50 amd No. 4, 2012, s 10\ns 51 amd No. 23, 2013, s 11\nss 52 – 55 amd No. 4, 2012, s 10\ns 56 amd No. 4, 2007, s 7; No. 28, 2021, s 20\npt 8 hdg amd No. 4, 2012, s 10\ns 57 sub No. 4, 2012, s 7\ns 59 hdg amd No. 4, 2012, s 8\npt 9 hdg ins No. 4, 2012, s 9\npt 9\ndiv 1 hdg ins No. 4, 2012, s 9\nss 60 – 63 ins No. 4, 2012, s 9\npt 9\ndiv 2 hdg ins No. 4, 2012, s 9\nss 64 – 65 ins No. 4, 2012, s 9\npt 9\ndiv 3 hdg ins No. 4, 2012, s 9\nss 66 – 68 ins No. 4, 2012, s 9\npt 9\ndiv 4 hdg ins No. 4, 2012, s 9\nss 69 – 70 ins No. 4, 2012, s 9","sortOrder":92}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":631},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The 2012 amendments significantly expanded governance structures by adding the Institute Advisory Board (sections 24-24G) with dedicated Indigenous representation, creating a Nominations Committee, and adding detailed conflict of interest disclosure requirements (sections 26A-26B). The transitional provisions in Part 9 also added complex interim arrangements. However, the core educational purpose remained consistent with the original 1999 intent."},"complexity_factors":["Multiple governance layers (Council, Board, Nominations Committee, Director) with overlapping but distinct functions","Detailed membership eligibility requirements with geographic quotas (northern/southern regions) and expertise categories","Extensive transitional provisions from 2012 amendments creating interim and 'new' Council structures","Cross-referencing between Parts 3, 9 and Schedule for governance matters","Conditional logic for appointment processes (expressions of interest, nominations, elections, fallback appointments)","Defined terms section with 20+ definitions including recursive references ('Institute entity' includes Council, committees and Board)","Savings and transitional provisions in Schedule with 8 clauses covering property, staff, students and corporate interests","By-law making powers with 20+ specific subject matters plus general 'necessary or convenient' provision"],"plain_english_summary":"This Act establishes the **Batchelor Institute of Indigenous Tertiary Education** as a body corporate in the Northern Territory, replacing the former Batchelor College.\n\n**What the Institute does:**\n- Provides **tertiary education** (university-level and vocational training) specifically designed for **Aboriginal and Torres Strait Islander people**\n- Confers **degrees, diplomas and certificates**\n- Conducts **research** relevant to Indigenous communities\n- Offers **cultural studies** and community-based education programs\n- Can operate **anywhere in Australia or overseas**\n\n**How it's governed:**\n- A **Council** oversees the Institute's strategic direction, academic activities and finances. It includes government appointees, elected staff and student representatives, plus the Director and a government education official\n- An **Institute Advisory Board** (added in 2012) advises on Indigenous cultural and social issues, with all members being Indigenous people from across the Territory\n- A **Director** manages day-to-day operations as chief executive officer\n\n**Key features:**\n- The Institute can **buy and sell property**, **borrow money**, **enter contracts**, **employ staff** and **invest funds**\n- It must prepare **annual budgets and reports** audited by the Auditor-General\n- The Council can make **by-laws** covering everything from student conduct to parking rules\n- **Protection from personal liability** for members acting in good faith\n\n**Who it affects:**\n- Indigenous students seeking higher education and vocational training\n- Staff and graduates of the Institute\n- Communities across the Northern Territory, particularly remote areas\n\nThe Act includes detailed transitional arrangements from the 2012 amendments that restructured the Council and established the Advisory Board."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act as now drafted extends its original governance and accountability architecture. Key additions create an Institute Advisory Board with indigenous appointees and advisory powers (ss24A–24B), strengthen conflict disclosure and avoidance duties (ss26–26A), add transitional rules for reconstituting Councils (Part 9, ss60–70), and set Treasurer oversight for certain financial actions (s41; investment approvals at s42(7)). By‑law powers and bespoke financial reporting/audit arrangements (ss45–46, s49, s48) broaden operational discretion compared with a simple college conversion."},"complexity_factors":["Multiple governing bodies and membership routes (Council appointments, Minister, CDU nomination, elected staff/student reps) (s11)","Parallel Institute Advisory Board composed of appointed indigenous members with advisory functions (s24A–24B)","Detailed nomination, election and vacancy rules including transitional interim Council provisions (ss12–19; Part 9 ss60–70)","Extensive by‑law and rule‑making powers including creation of offences and penalties (s49–s51)","Financial regime that permits commercial activity, borrowing and investments but requires Treasurer approval in key instances (s41, s42(7))","Audit, reporting and exemption from the Territory Financial Management Act creating a bespoke accountability framework (ss45–46; s48)","Conflict of interest, disclosure and removal processes for members with specific timeframes and recording obligations (ss25–26A)","Delegation rules and protections for members and officers balanced with limits on delegating certain Council powers (ss21,29,57)","Trust and gift management and specific procedures for varying trust purposes requiring Administrator approval (s40)","Interplay between internal governance instruments (By‑laws, rules, codes) and statutory limits, including procedural validation clauses (ss49,51,26B)"],"plain_english_summary":"Mechanically, this Act replaces Batchelor College with the Batchelor Institute as a corporate tertiary education provider (s4), gives it powers to run courses, confer awards, enter contracts and manage property and finances, and establishes governance: a Council (s11), an Institute Advisory Board (s24A) and a Director. It affects students, staff, graduates, indigenous communities, the Minister and the Treasurer. It matters because it sets who decides (Council/Minister/Treasurer), who pays or borrows (fees, loans — s36, s41) and the compliance and disclosure duties that bind members (conflicts, by‑laws — s26A, s49)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/batchelor-institute-of-indigenous-tertiary-education-act-1999","history":"/api/acts/batchelor-institute-of-indigenous-tertiary-education-act-1999/history","analysis":"/api/acts/batchelor-institute-of-indigenous-tertiary-education-act-1999/analysis","conflicts":"/api/acts/batchelor-institute-of-indigenous-tertiary-education-act-1999/conflicts","importantCases":"/api/acts/batchelor-institute-of-indigenous-tertiary-education-act-1999/important-cases","documents":"/api/acts/batchelor-institute-of-indigenous-tertiary-education-act-1999/documents"}}