{"id":"nsw:act-2013-099","name":"Skills Board Act 2013","slug":"skills-board-act-2013","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"99 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29866,"registerId":"nsw-act-2013-099-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Skills Board Act 2013](/view/html/inforce/current/act-2013-099).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on the date of assent to this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act:\n> > \n> > appointed member means a member of the Board who is appointed by the Minister.\n> > \n> > Board means the NSW Skills Board constituted under Part 2.\n> > \n> > function includes a power, authority or duty, and exercise a function includes perform a duty.\n> > \n> > member means an appointed or ex-officio member of the Board.\n> \n> > (2) Notes included in this Act do not form part of this Act.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Constitution and functions of Board","content":"# Part 2 Constitution and functions of Board\n\nPart 2 Constitution and functions of Board","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Constitution of Board","content":"#### 4 Constitution of Board\n\n4 Constitution of Board\n\n> > (1) There is constituted by this Act a body corporate with the corporate name of the NSW Skills Board.\n> \n> > (2) The Board is, for the purposes of any Act, a NSW Government agency.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Members of Board","content":"#### 5 Members of Board\n\n5 Members of Board\n\n> > (1) The Board is to consist of:\n> > \n> > > (a) not more than 8 part-time members appointed by the Minister, and\n> > \n> > > (b) the Secretary of the Department of Industry, Skills and Regional Development or a nominee of the Secretary.\n> \n> > (2) The appointed members must be persons who, in the opinion of the Minister, together have the relevant skills and experience including:\n> > \n> > > (a) a sound knowledge of skills development and higher education, and\n> > \n> > > (b) high-level experience of market operations, and\n> > \n> > > (c) a strong understanding of financial, risk and project management.\n> \n> > (3) One of the appointed members is, by the instrument of that member’s appointment as a member or by a subsequent instrument executed by the Minister, to be appointed as the Chairperson of the Board.\n> \n> > (4) One of the appointed members may, by the instrument of that member’s appointment as a member or by a subsequent instrument executed by the Minister, be appointed as the Deputy Chairperson of the Board.\n> \n> > (5) The regulations may make provision for or with respect to the appointment of persons as members of the Board, including provision for or with respect to the qualifications required for appointment.\n> \n> > (6) Schedule 1 contains provisions with respect to the members and procedure of the Board.\n> \n> **s 5:** Am 2015 No 58, Sch 3.78 \\[1\\].","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Functions of Board","content":"#### 6 Functions of Board\n\n6 Functions of Board\n\n> The Board has the following functions:\n> \n> > (a) to provide the Minister with an independent, strategic perspective on the vocational education and training system in New South Wales,\n> \n> > (b) to oversee major reform of the vocational education and training system in New South Wales and its implementation, including reform that maintains the TAFE Commission as the major provider of vocational education and training, accessible across New South Wales,\n> \n> > (c) to monitor and advise the Minister on the performance of the vocational education and training system in New South Wales, including financial performance, fiscal sustainability, levels of training activity and the achievement of State priorities,\n> \n> > (d) to advise the Minister on the allocation of State and Commonwealth vocational education and training funding and the New South Wales vocational education and training budget,\n> \n> > (e) to collect and analyse labour market intelligence, in particular, intelligence on skills shortages and future skills and workforce development needs in New South Wales,\n> \n> > (f) to coordinate the development of strategic skills plans that reflect the priorities and directions of the New South Wales Government regarding vocational education and training,\n> \n> > (g) to oversee quality assurance in the vocational education and training system in New South Wales,\n> \n> > (h) to ensure the availability of accurate consumer information on vocational education and training in New South Wales and appropriate consumer protections,\n> \n> > (i) to commission and conduct inquiries and research into any matter relevant to the functions of the Board,\n> \n> > (j) to advise on strategies for more effective educational pathways between secondary school, vocational training and higher education in New South Wales,\n> \n> > (k) to consult widely with reference groups and other representative bodies and persons in the vocational education and training industry,\n> \n> > (l) to investigate and advise the Minister on any matter relating to training, skills development and higher education referred to the Board by the Minister or on its own initiative,\n> \n> > (m) such other functions conferred or imposed on it by or under this or any other Act.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Delegation by Board","content":"#### 7 Delegation by Board\n\n7 Delegation by Board\n\n> The Board may delegate to any person or body approved by the Minister the exercise of any of its functions, other than this power of delegation.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Ministerial control","content":"#### 8 Ministerial control\n\n8 Ministerial control\n\n> The Board is subject to the control and direction of the Minister in the exercise of its functions, except in relation to the contents of any report, recommendation or advice made or given by it.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Use of services and facilities","content":"#### 9 Use of services and facilities\n\n9 Use of services and facilities\n\n> The Board may, to enable it to exercise its functions, arrange for the use of:\n> \n> > (a) the services of persons employed in the Department of Industry, Skills and Regional Development (whether by way of secondment or otherwise), including but not limited to the services of persons to act in the roles of Executive Director and Executive Officer of the Board, and\n> \n> > (b) any facilities of any government agency.\n> \n> **s 9:** Am 2015 No 58, Sch 3.78 \\[2\\].","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Act to bind Crown","content":"#### 10 Act to bind Crown\n\n10 Act to bind Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Delegation of Minister’s functions","content":"#### 11 Delegation of Minister’s functions\n\n11 Delegation of Minister’s functions\n\n> The Minister may delegate to any person the exercise of the Minister’s functions under this Act, other than this power of delegation.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Personal liability","content":"#### 12 Personal liability\n\n12 Personal liability\n\n> > (1) A matter or thing done or omitted to be done by:\n> > \n> > > (a) the Board, or\n> > \n> > > (b) a member of the Board, or\n> > \n> > > (c) a person acting under the direction of the Board,\n> > \n> > does not, if the matter or thing was done or omitted to be done in good faith for the purposes of executing this Act, subject a member of the Board or a person so acting personally to any action, liability, claim or demand.\n> \n> > (2) A reference in subsection (1) to the execution of this Act includes a reference to the execution of the provisions of any other Act that confer or impose functions on the Board.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Regulations","content":"#### 13 Regulations\n\n13 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Review of Act","content":"#### 14 Review of Act\n\n14 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the commencement of this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":16},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Members and procedure of Board","content":"# Schedule 1 Members and procedure of Board\n\nSchedule 1 Members and procedure of Board","sortOrder":17},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 2 Savings, transitional and other provisions\n\nSchedule 2 Savings, transitional and other provisions","sortOrder":33},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":null,"content":"# Schedule 3\n\nSchedules 3, 4 (Repealed)\n\n**sch 3:** Rep 1987 No 15, sec 30C.\n\n**sch 4:** Rep 1987 No 15, sec 30C.","sortOrder":40}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient substantive legislative text was provided to make a definitive assessment of scope drift. Based on the title, responsible minister, and the Act's brief amendment history, the legislation appears to remain focused on its original purpose of establishing and governing a skills advisory board in NSW. No evidence of significant expansion or contraction from original intent is apparent from the available information."},"complexity_factors":["The actual substantive text of the Act is not visible in the provided content — only website metadata and navigation elements were supplied","Based on available information, the Act appears to be a relatively straightforward machinery-of-government (administrative setup) Act establishing a single statutory body","Short legislative history with only minor amendments since 2013 suggests limited complexity","Governed by a single minister with clear responsibility, reducing ambiguity about oversight","No visible cross-references to complex regulatory regimes or penalty frameworks in the provided text"],"plain_english_summary":"The Skills Board Act 2013 (NSW) creates a statutory Skills Board to advise the NSW Government on vocational training, workforce needs and aligning education with industry demand. It affects workers, jobseekers, training providers, employers and the Minister for Skills by giving the Board formal legal status so its advice carries official weight in shaping NSW’s skills system."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as enacted in 2013. It establishes the NSW Skills Board with specific functions related to vocational education and training oversight. The amendments noted (2015 No 58) are minor technical updates reflecting departmental name changes rather than substantive expansion of the Board's role."},"complexity_factors":["Straightforward structure with only 3 main parts plus schedules","Minimal cross-referencing—mostly internal references to other sections of the same Act","Only 4 defined terms in the interpretation section (s 3)","Standard administrative provisions (meetings, quorum, minutes) in Schedule 1","Simple transitional provisions in Schedule 2 dealing with succession from the previous body","No nested exceptions or complex conditional logic","Clear separation of functions between the Board and the Minister","Repealed schedules (3 and 4) create minor clutter but don't affect operative provisions"],"plain_english_summary":"This law creates the **NSW Skills Board**, a government body that oversees vocational education and training (VET) in New South Wales.\n\n**What it does:**\n- Establishes the Board as a legal entity (a \"body corporate\") and government agency\n- Sets up a board of up to 8 part-time appointed members plus a senior public servant\n- Gives the Board broad responsibilities including:\n  - Advising the Minister on skills policy and funding\n  - Overseeing major reforms to the training system\n  - Monitoring performance of TAFE and other training providers\n  - Collecting labour market data on skills shortages\n  - Ensuring quality standards and consumer protections for students\n  - Coordinating strategic skills plans\n\n**Who it affects:**\n- Students and apprentices in vocational training\n- TAFE and private training providers\n- Employers seeking skilled workers\n- The Minister for Skills, who controls the Board's direction (though not its specific advice)\n\n**Why it matters:**\nThis legislation replaced an earlier body (the Board of Vocational Education and Training) with a more strategically focused entity. It aims to ensure the training system meets workforce needs, remains financially sustainable, and maintains quality standards—essentially acting as the government's chief advisor on \"who gets trained in what skills.\"\n\n**Key features:**\n- Board members must have expertise in education, business operations, and financial management\n- The Board can delegate functions but remains answerable to the Minister\n- Members have legal protection when acting in good faith\n- The Act requires a review after 5 years"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act replaces the former NSW Board of Vocational Education and Training and carries over its role and resources: members, assets and liabilities transfer on repeal date (Schedule 2 cl 3) and the Board’s functions continue to cover system oversight, funding advice and skills planning (s6). The statutory scope in the text reflects continuity rather than a material expansion or narrowing of functions."},"complexity_factors":["Establishment of a statutory corporation with standard governance rules (membership, quorum, meeting frequency) — straightforward institutional setup (ss4–5; Schedule 1).","Broad, policy-facing functions that are descriptive rather than highly prescriptive, requiring judgement in implementation (s6).","Ministerial appointment and removal powers create centralised executive discretion over composition (s5; Schedule 1 cl 3).","Explicit partial independence for report contents but otherwise subject to ministerial direction, producing a mixed independence/control regime (s8).","Delegation and use-of-service powers permit operational flexibility and inter-agency arrangements, increasing administrative interaction (s7; s9).","Transitional provisions transfer assets, liabilities and members from the predecessor body, requiring administrative reconciliation (Schedule 2)."],"plain_english_summary":"Creates the NSW Skills Board as a statutory corporate NSW Government agency to advise and oversee vocational education and training, setting membership, functions, meeting rules and transitional arrangements. It requires the Minister to appoint members and gives the Minister control over Board functions except the content of the Board’s reports (s5, s6, s8); the Board may delegate functions (s7), use departmental staff and facilities (s9) and members are protected from personal liability when acting in good faith (s12)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/skills-board-act-2013","history":"/api/acts/skills-board-act-2013/history","analysis":"/api/acts/skills-board-act-2013/analysis","conflicts":"/api/acts/skills-board-act-2013/conflicts","importantCases":"/api/acts/skills-board-act-2013/important-cases","documents":"/api/acts/skills-board-act-2013/documents"}}