{"id":"qld:act-2013-027","name":"TAFE Queensland Act 2013","slug":"tafe-queensland-act-2013","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"27 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29729,"registerId":"qld-act-2013-027-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the TAFE Queensland Act 2013 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Dictionary","content":"### sec.3 Dictionary\n\nThe dictionary in schedule 1 defines particular words used in this Act.\ns 3 amd 2013 No. 27 s 70 sch 1 pt 1","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"References to functions","content":"### sec.4 References to functions\n\nIn this Act—\na reference to a function includes a reference to a power; and\na reference to performing a function includes a reference to exercising a power.\n- (a) a reference to a function includes a reference to a power; and\n- (b) a reference to performing a function includes a reference to exercising a power.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"TAFE Queensland","content":"# TAFE Queensland","sortOrder":5},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment","content":"## Establishment","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Establishment and status","content":"### sec.5 Establishment and status\n\nTAFE Queensland is established.\nTAFE Queensland—\nis a body corporate; and\nhas a common seal; and\nmay sue and be sued in its corporate name.\n(sec.5-ssec.1) TAFE Queensland is established.\n(sec.5-ssec.2) TAFE Queensland— is a body corporate; and has a common seal; and may sue and be sued in its corporate name.\n- (a) is a body corporate; and\n- (b) has a common seal; and\n- (c) may sue and be sued in its corporate name.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"TAFE Queensland represents the State","content":"### sec.6 TAFE Queensland represents the State\n\nTAFE Queensland represents the State.\nWithout limiting subsection (1) , TAFE Queensland has the status, privileges and immunities of the State.\n(sec.6-ssec.1) TAFE Queensland represents the State.\n(sec.6-ssec.2) Without limiting subsection (1) , TAFE Queensland has the status, privileges and immunities of the State.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Application of other Acts","content":"### sec.7 Application of other Acts\n\nTAFE Queensland is—\na statutory body under the Financial Accountability Act 2009 (the FA Act ); and\na statutory body under the Statutory Bodies Financial Arrangements Act 1982 (the SBFA Act ).\nThe SBFA Act , part 2B sets out the way in which TAFE Queensland’s powers under this Act are affected by the SBFA Act .\n(sec.7-ssec.1) TAFE Queensland is— a statutory body under the Financial Accountability Act 2009 (the FA Act ); and a statutory body under the Statutory Bodies Financial Arrangements Act 1982 (the SBFA Act ).\n(sec.7-ssec.2) The SBFA Act , part 2B sets out the way in which TAFE Queensland’s powers under this Act are affected by the SBFA Act .\n- (a) a statutory body under the Financial Accountability Act 2009 (the FA Act ); and\n- (b) a statutory body under the Statutory Bodies Financial Arrangements Act 1982 (the SBFA Act ).","sortOrder":9},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Functions and powers","content":"## Functions and powers","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Functions","content":"### sec.8 Functions\n\nTAFE Queensland has the following functions—\nto provide vocational education and training services;\nto provide further education, and other forms of education, to support and complement the provision of vocational education and training services;\nto produce and sell vocational education and training products;\nto prepare, publish, distribute or license the use of literary or artistic work, audio or audiovisual material, or computer software;\nto undertake research and development on matters relating to its functions;\nto contribute to and actively engage with industry on matters relating to its functions;\nto exploit commercially TAFE Queensland’s resources, including any study, research or knowledge or the practical application of any study, research or knowledge;\nto report to the Minister on the performance of its functions;\nto advise and make recommendations to the Minister about matters relevant to the performance of its functions and any other matters referred to it by the Minister;\nany other functions given to it under an Act.\nTAFE Queensland is to perform its functions—\nin a way that is efficient, effective and responsive to the needs of industry, students and the general community; and\non a not-for-profit basis.\ns 8 amd 2014 No. 24 s 4\n(sec.8-ssec.1) TAFE Queensland has the following functions— to provide vocational education and training services; to provide further education, and other forms of education, to support and complement the provision of vocational education and training services; to produce and sell vocational education and training products; to prepare, publish, distribute or license the use of literary or artistic work, audio or audiovisual material, or computer software; to undertake research and development on matters relating to its functions; to contribute to and actively engage with industry on matters relating to its functions; to exploit commercially TAFE Queensland’s resources, including any study, research or knowledge or the practical application of any study, research or knowledge; to report to the Minister on the performance of its functions; to advise and make recommendations to the Minister about matters relevant to the performance of its functions and any other matters referred to it by the Minister; any other functions given to it under an Act.\n(sec.8-ssec.2) TAFE Queensland is to perform its functions— in a way that is efficient, effective and responsive to the needs of industry, students and the general community; and on a not-for-profit basis.\n- (a) to provide vocational education and training services;\n- (b) to provide further education, and other forms of education, to support and complement the provision of vocational education and training services;\n- (c) to produce and sell vocational education and training products;\n- (d) to prepare, publish, distribute or license the use of literary or artistic work, audio or audiovisual material, or computer software;\n- (e) to undertake research and development on matters relating to its functions;\n- (f) to contribute to and actively engage with industry on matters relating to its functions;\n- (g) to exploit commercially TAFE Queensland’s resources, including any study, research or knowledge or the practical application of any study, research or knowledge;\n- (h) to report to the Minister on the performance of its functions;\n- (i) to advise and make recommendations to the Minister about matters relevant to the performance of its functions and any other matters referred to it by the Minister;\n- (j) any other functions given to it under an Act.\n- (a) in a way that is efficient, effective and responsive to the needs of industry, students and the general community; and\n- (b) on a not-for-profit basis.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Key objective","content":"### sec.9 Key objective\n\nThe key objective of TAFE Queensland is to be efficient and effective in performing its functions.\nSubject to section 8 (2) (b) , it is also an objective of TAFE Queensland to be commercially successful in performing its functions.\nThe commercial success, efficiency and effectiveness of TAFE Queensland is to be measured against its financial and non-financial performance targets stated in its operational plan.\n(sec.9-ssec.1) The key objective of TAFE Queensland is to be efficient and effective in performing its functions.\n(sec.9-ssec.2) Subject to section 8 (2) (b) , it is also an objective of TAFE Queensland to be commercially successful in performing its functions.\n(sec.9-ssec.3) The commercial success, efficiency and effectiveness of TAFE Queensland is to be measured against its financial and non-financial performance targets stated in its operational plan.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Powers","content":"### sec.10 Powers\n\nTAFE Queensland has all the powers of an individual, and may, for example—\nenter into contracts or agreements; and\nacquire, hold, deal with, and dispose of, property; and\nappoint agents and attorneys; and\nengage consultants and researchers; and\ncharge a fee for services and other facilities it supplies; and\ndo anything else necessary or convenient to be done in performing its functions.\n- (a) enter into contracts or agreements; and\n- (b) acquire, hold, deal with, and dispose of, property; and\n- (c) appoint agents and attorneys; and\n- (d) engage consultants and researchers; and\n- (e) charge a fee for services and other facilities it supplies; and\n- (f) do anything else necessary or convenient to be done in performing its functions.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Extraterritoriality","content":"### sec.11 Extraterritoriality\n\nTAFE Queensland may perform its functions inside and outside Queensland, including outside Australia.","sortOrder":14},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Board","content":"## Board","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Establishment","content":"### sec.12 Establishment\n\nA board is established as the governing body of TAFE Queensland.\nThe board consists of the following persons appointed by the Governor in Council—\n1 nominee of the Minister;\nat least 6 but no more than 8 persons who are eligible for appointment as a member under section 14 .\nAt least 1 member of the board must be an Aboriginal person or Torres Strait Islander.\nThe members are appointed under this Act and not the Public Sector Act 2022 .\ns 12 amd 2019 No. 33 s 29 ; 2022 No. 34 s 365 sch 3\n(sec.12-ssec.1) A board is established as the governing body of TAFE Queensland.\n(sec.12-ssec.2) The board consists of the following persons appointed by the Governor in Council— 1 nominee of the Minister; at least 6 but no more than 8 persons who are eligible for appointment as a member under section 14 .\n(sec.12-ssec.3) At least 1 member of the board must be an Aboriginal person or Torres Strait Islander.\n(sec.12-ssec.4) The members are appointed under this Act and not the Public Sector Act 2022 .\n- (a) 1 nominee of the Minister;\n- (b) at least 6 but no more than 8 persons who are eligible for appointment as a member under section 14 .","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Functions","content":"### sec.13 Functions\n\nThe board has the following functions for TAFE Queensland—\nto ensure it operates in accordance with its operational plan and, as far as possible, achieves the performance targets and objectives stated in the plan;\nto account to the Minister for its performance as required under an Act;\nto ensure it otherwise performs its functions in a proper, effective and efficient way.\n- (a) to ensure it operates in accordance with its operational plan and, as far as possible, achieves the performance targets and objectives stated in the plan;\n- (b) to account to the Minister for its performance as required under an Act;\n- (c) to ensure it otherwise performs its functions in a proper, effective and efficient way.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Eligibility for appointment","content":"### sec.14 Eligibility for appointment\n\nA person is eligible for appointment as a member if—\nthe person is not disqualified under section 19 from becoming a member; and\nthe person has—\ndirect industry experience or direct experience in the education, training or employment sectors; or\nskills, experience or expertise in commerce, corporate governance, economics, finance, law or management.\nHowever, the following persons are ineligible for appointment—\na member of Parliament;\na councillor of a local government;\nthe chief executive officer.\n(sec.14-ssec.1) A person is eligible for appointment as a member if— the person is not disqualified under section 19 from becoming a member; and the person has— direct industry experience or direct experience in the education, training or employment sectors; or skills, experience or expertise in commerce, corporate governance, economics, finance, law or management.\n(sec.14-ssec.2) However, the following persons are ineligible for appointment— a member of Parliament; a councillor of a local government; the chief executive officer.\n- (a) the person is not disqualified under section 19 from becoming a member; and\n- (b) the person has— (i) direct industry experience or direct experience in the education, training or employment sectors; or (ii) skills, experience or expertise in commerce, corporate governance, economics, finance, law or management.\n- (i) direct industry experience or direct experience in the education, training or employment sectors; or\n- (ii) skills, experience or expertise in commerce, corporate governance, economics, finance, law or management.\n- (i) direct industry experience or direct experience in the education, training or employment sectors; or\n- (ii) skills, experience or expertise in commerce, corporate governance, economics, finance, law or management.\n- (a) a member of Parliament;\n- (b) a councillor of a local government;\n- (c) the chief executive officer.","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Conditions of appointment","content":"### sec.15 Conditions of appointment\n\nA member is to be paid the remuneration and allowances decided by the Governor in Council.\nFor matters not provided for by this Act, a member holds office on the terms and conditions decided by the Governor in Council.\n(sec.15-ssec.1) A member is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.15-ssec.2) For matters not provided for by this Act, a member holds office on the terms and conditions decided by the Governor in Council.","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Term of appointment","content":"### sec.16 Term of appointment\n\nA member is appointed for the term, of no more than 4 years, stated in the member’s instrument of appointment.\nThe Minister may extend the term until the earlier of the following—\nthe member’s successor is appointed;\n1 year after the term would have expired under the member’s instrument of appointment.\nHowever, the term ends if the member becomes disqualified under section 19 from continuing as a member.\n(sec.16-ssec.1) A member is appointed for the term, of no more than 4 years, stated in the member’s instrument of appointment.\n(sec.16-ssec.2) The Minister may extend the term until the earlier of the following— the member’s successor is appointed; 1 year after the term would have expired under the member’s instrument of appointment.\n(sec.16-ssec.3) However, the term ends if the member becomes disqualified under section 19 from continuing as a member.\n- (a) the member’s successor is appointed;\n- (b) 1 year after the term would have expired under the member’s instrument of appointment.","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Chairperson","content":"### sec.17 Chairperson\n\nThe Governor in Council must appoint a member as the chairperson of the board.\nA person may be appointed as the chairperson at the same time as the person is appointed as a member.\nThe chairperson holds office for the term, ending not later than the person’s term of appointment as a member, stated in the person’s appointment as chairperson.\nA vacancy occurs in the office of chairperson if the person holding office—\nresigns from office by giving notice of the resignation to the Minister; or\nstops being a member.\nHowever, a person resigning the office of chairperson may continue to be a member.\n(sec.17-ssec.1) The Governor in Council must appoint a member as the chairperson of the board.\n(sec.17-ssec.2) A person may be appointed as the chairperson at the same time as the person is appointed as a member.\n(sec.17-ssec.3) The chairperson holds office for the term, ending not later than the person’s term of appointment as a member, stated in the person’s appointment as chairperson.\n(sec.17-ssec.4) A vacancy occurs in the office of chairperson if the person holding office— resigns from office by giving notice of the resignation to the Minister; or stops being a member.\n(sec.17-ssec.5) However, a person resigning the office of chairperson may continue to be a member.\n- (a) resigns from office by giving notice of the resignation to the Minister; or\n- (b) stops being a member.","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Deputy chairperson","content":"### sec.18 Deputy chairperson\n\nThe board must appoint a member, other than the chairperson, as its deputy chairperson.\nThe deputy chairperson holds office for the term decided by the board.\nA vacancy occurs in the office of deputy chairperson if the person holding office—\nresigns from office by giving notice of the resignation to the Minister; or\nstops being a member.\nHowever, a person resigning the office of deputy chairperson may continue to be a member.\nThe deputy chairperson is to act as chairperson—\nduring a vacancy in the office of chairperson; and\nduring all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.\n(sec.18-ssec.1) The board must appoint a member, other than the chairperson, as its deputy chairperson.\n(sec.18-ssec.2) The deputy chairperson holds office for the term decided by the board.\n(sec.18-ssec.3) A vacancy occurs in the office of deputy chairperson if the person holding office— resigns from office by giving notice of the resignation to the Minister; or stops being a member.\n(sec.18-ssec.4) However, a person resigning the office of deputy chairperson may continue to be a member.\n(sec.18-ssec.5) The deputy chairperson is to act as chairperson— during a vacancy in the office of chairperson; and during all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.\n- (a) resigns from office by giving notice of the resignation to the Minister; or\n- (b) stops being a member.\n- (a) during a vacancy in the office of chairperson; and\n- (b) during all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Disqualification from membership","content":"### sec.19 Disqualification from membership\n\nA person is disqualified from becoming, or continuing as, a member if the person—\nhas a conviction for an indictable offence and the conviction is not a spent conviction, unless the Minister has taken action under subsection (4) for the conviction; or\nis an insolvent under administration, unless the Minister has taken action under subsection (4) for the person being an insolvent under administration; or\nis not able to manage a corporation because of the Corporations Act , part 2D .6.\nAlso, a person can not—\nbecome a member if the person does not consent to the Minister requesting a report about the person’s criminal history under section 34 ; or\ncontinue as a member if the person is absent from 3 consecutive board meetings of which proper notice has been given unless—\nthe board has given permission for the person to be absent from the meetings; or\nthe meetings occurred during the period of a leave of absence approved for the member by the Minister under section 21 .\nThe Minister may act under subsection (4) if the Minister considers it would be reasonable to do so having regard to—\nthe circumstances of the indictable offence of which a person has been convicted; or\nthe circumstances under which a person became an insolvent under administration.\nThe Minister may—\nif the person was a member when the person was convicted or became an insolvent under administration, and the term of the person’s appointment as a member has not since ended, give the chairperson and the person notice ( approval notice ) that—\nthe person is restored as a member; and\nthe person may be later reappointed, despite the conviction or being an insolvent under administration; or\notherwise—give written approval for the person to become a member despite the conviction or being an insolvent under administration.\nOn the day the chairperson receives the approval notice the person is restored as a member.\nThe restored member’s term of appointment as a member ends when it would have ended if the member had not been convicted of the offence or become an insolvent under administration.\nIn this section—\nconviction , for an indictable offence, does not include a finding of guilt, or the acceptance of a plea of guilty, by a court, in relation to the offence, without recording a conviction for the offence.\ns 19 amd 2023 No. 23 s 247 sch 1 s 2 (1)\n(sec.19-ssec.1) A person is disqualified from becoming, or continuing as, a member if the person— has a conviction for an indictable offence and the conviction is not a spent conviction, unless the Minister has taken action under subsection (4) for the conviction; or is an insolvent under administration, unless the Minister has taken action under subsection (4) for the person being an insolvent under administration; or is not able to manage a corporation because of the Corporations Act , part 2D .6.\n(sec.19-ssec.2) Also, a person can not— become a member if the person does not consent to the Minister requesting a report about the person’s criminal history under section 34 ; or continue as a member if the person is absent from 3 consecutive board meetings of which proper notice has been given unless— the board has given permission for the person to be absent from the meetings; or the meetings occurred during the period of a leave of absence approved for the member by the Minister under section 21 .\n(sec.19-ssec.3) The Minister may act under subsection (4) if the Minister considers it would be reasonable to do so having regard to— the circumstances of the indictable offence of which a person has been convicted; or the circumstances under which a person became an insolvent under administration.\n(sec.19-ssec.4) The Minister may— if the person was a member when the person was convicted or became an insolvent under administration, and the term of the person’s appointment as a member has not since ended, give the chairperson and the person notice ( approval notice ) that— the person is restored as a member; and the person may be later reappointed, despite the conviction or being an insolvent under administration; or otherwise—give written approval for the person to become a member despite the conviction or being an insolvent under administration.\n(sec.19-ssec.5) On the day the chairperson receives the approval notice the person is restored as a member.\n(sec.19-ssec.6) The restored member’s term of appointment as a member ends when it would have ended if the member had not been convicted of the offence or become an insolvent under administration.\n(sec.19-ssec.7) In this section— conviction , for an indictable offence, does not include a finding of guilt, or the acceptance of a plea of guilty, by a court, in relation to the offence, without recording a conviction for the offence.\n- (a) has a conviction for an indictable offence and the conviction is not a spent conviction, unless the Minister has taken action under subsection (4) for the conviction; or\n- (b) is an insolvent under administration, unless the Minister has taken action under subsection (4) for the person being an insolvent under administration; or\n- (c) is not able to manage a corporation because of the Corporations Act , part 2D .6.\n- (a) become a member if the person does not consent to the Minister requesting a report about the person’s criminal history under section 34 ; or\n- (b) continue as a member if the person is absent from 3 consecutive board meetings of which proper notice has been given unless— (i) the board has given permission for the person to be absent from the meetings; or (ii) the meetings occurred during the period of a leave of absence approved for the member by the Minister under section 21 .\n- (i) the board has given permission for the person to be absent from the meetings; or\n- (ii) the meetings occurred during the period of a leave of absence approved for the member by the Minister under section 21 .\n- (i) the board has given permission for the person to be absent from the meetings; or\n- (ii) the meetings occurred during the period of a leave of absence approved for the member by the Minister under section 21 .\n- (a) the circumstances of the indictable offence of which a person has been convicted; or\n- (b) the circumstances under which a person became an insolvent under administration.\n- (a) if the person was a member when the person was convicted or became an insolvent under administration, and the term of the person’s appointment as a member has not since ended, give the chairperson and the person notice ( approval notice ) that— (i) the person is restored as a member; and (ii) the person may be later reappointed, despite the conviction or being an insolvent under administration; or\n- (i) the person is restored as a member; and\n- (ii) the person may be later reappointed, despite the conviction or being an insolvent under administration; or\n- (b) otherwise—give written approval for the person to become a member despite the conviction or being an insolvent under administration.\n- (i) the person is restored as a member; and\n- (ii) the person may be later reappointed, despite the conviction or being an insolvent under administration; or","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Resignation","content":"### sec.20 Resignation\n\nA member may resign by signed notice given to the Minister.\nThe resignation takes effect—\non the date the notice is given; or\nif a later date is stated in the notice—on the later date.\n(sec.20-ssec.1) A member may resign by signed notice given to the Minister.\n(sec.20-ssec.2) The resignation takes effect— on the date the notice is given; or if a later date is stated in the notice—on the later date.\n- (a) on the date the notice is given; or\n- (b) if a later date is stated in the notice—on the later date.","sortOrder":24},{"sectionNumber":"sec.21","sectionType":"section","heading":"Leave of absence","content":"### sec.21 Leave of absence\n\nThe Minister may approve a leave of absence for a member (the approved absent member ).\nThe Minister may appoint someone else to act in the office of the approved absent member while the member is absent on the leave.\nSubsection (2) does not limit the Governor in Council’s power under the Acts Interpretation Act 1954 , section 25 (1) (b) (v) to appoint a person to act in the office.\n(sec.21-ssec.1) The Minister may approve a leave of absence for a member (the approved absent member ).\n(sec.21-ssec.2) The Minister may appoint someone else to act in the office of the approved absent member while the member is absent on the leave.\n(sec.21-ssec.3) Subsection (2) does not limit the Governor in Council’s power under the Acts Interpretation Act 1954 , section 25 (1) (b) (v) to appoint a person to act in the office.","sortOrder":25},{"sectionNumber":"sec.22","sectionType":"section","heading":"Disclosure of interests","content":"### sec.22 Disclosure of interests\n\nThis section applies to a member if—\nthe member has a direct or indirect financial or personal interest in a matter being considered, or about to be considered, by the board; and\nthe interest could conflict with the proper performance of the member’s duties about the consideration of the matter.\nAs soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a meeting of the board.\nMaximum penalty—100 penalty units.\nThe disclosure must be recorded in the board’s minutes.\nUnless the board otherwise decides, the member must not—\nbe present when the board considers the matter; or\ntake part in a decision of the board on the matter.\nMaximum penalty—100 penalty units.\nThe member must not be present when the board is considering the decision.\nMaximum penalty—100 penalty units.\nAnother member who also has a direct or indirect financial or personal interest in the matter must not—\nbe present when the board is considering the decision; or\ntake part in making the decision.\nMaximum penalty for subsection (6) —100 penalty units.\n(sec.22-ssec.1) This section applies to a member if— the member has a direct or indirect financial or personal interest in a matter being considered, or about to be considered, by the board; and the interest could conflict with the proper performance of the member’s duties about the consideration of the matter.\n(sec.22-ssec.2) As soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a meeting of the board. Maximum penalty—100 penalty units.\n(sec.22-ssec.3) The disclosure must be recorded in the board’s minutes.\n(sec.22-ssec.4) Unless the board otherwise decides, the member must not— be present when the board considers the matter; or take part in a decision of the board on the matter. Maximum penalty—100 penalty units.\n(sec.22-ssec.5) The member must not be present when the board is considering the decision. Maximum penalty—100 penalty units.\n(sec.22-ssec.6) Another member who also has a direct or indirect financial or personal interest in the matter must not— be present when the board is considering the decision; or take part in making the decision. Maximum penalty for subsection (6) —100 penalty units.\n- (a) the member has a direct or indirect financial or personal interest in a matter being considered, or about to be considered, by the board; and\n- (b) the interest could conflict with the proper performance of the member’s duties about the consideration of the matter.\n- (a) be present when the board considers the matter; or\n- (b) take part in a decision of the board on the matter.\n- (a) be present when the board is considering the decision; or\n- (b) take part in making the decision.","sortOrder":26},{"sectionNumber":"sec.23","sectionType":"section","heading":"Duty to act in TAFE Queensland’s interest","content":"### sec.23 Duty to act in TAFE Queensland’s interest\n\nA member, in performing functions as a member, must—\nact honestly and in the best interests of TAFE Queensland; and\nexercise reasonable skill, care and diligence.\n- (a) act honestly and in the best interests of TAFE Queensland; and\n- (b) exercise reasonable skill, care and diligence.","sortOrder":27},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Chief executive officer","content":"## Chief executive officer","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"Appointment","content":"### sec.24 Appointment\n\nTAFE Queensland must have a chief executive officer.\nThe chief executive officer must be appointed by the board with the prior written approval of the Minister.\n(sec.24-ssec.1) TAFE Queensland must have a chief executive officer.\n(sec.24-ssec.2) The chief executive officer must be appointed by the board with the prior written approval of the Minister.","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"Conditions of appointment","content":"### sec.25 Conditions of appointment\n\nFor matters not provided for under this Act or stated in the contract of employment, the chief executive officer holds office on the terms of appointment decided by the board.","sortOrder":30},{"sectionNumber":"sec.26","sectionType":"section","heading":"Responsibilities","content":"### sec.26 Responsibilities\n\nThe chief executive officer is, under the board, responsible for—\nthe day-to-day management of TAFE Queensland; and\nhelping TAFE Queensland in the performance of its functions.\nThe chief executive officer has all the powers necessary for carrying out those responsibilities.\n(sec.26-ssec.1) The chief executive officer is, under the board, responsible for— the day-to-day management of TAFE Queensland; and helping TAFE Queensland in the performance of its functions.\n(sec.26-ssec.2) The chief executive officer has all the powers necessary for carrying out those responsibilities.\n- (a) the day-to-day management of TAFE Queensland; and\n- (b) helping TAFE Queensland in the performance of its functions.","sortOrder":31},{"sectionNumber":"sec.27","sectionType":"section","heading":"Appointment of acting chief executive officer","content":"### sec.27 Appointment of acting chief executive officer\n\nThe board may, without the Minister’s approval, appoint a person to act as TAFE Queensland’s chief executive officer.\nSubsection (1) does not affect the application of the Acts Interpretation Act 1954 , section 24B or 25 for the appointment.\n(sec.27-ssec.1) The board may, without the Minister’s approval, appoint a person to act as TAFE Queensland’s chief executive officer.\n(sec.27-ssec.2) Subsection (1) does not affect the application of the Acts Interpretation Act 1954 , section 24B or 25 for the appointment.","sortOrder":32},{"sectionNumber":"sec.28","sectionType":"section","heading":"Resignation","content":"### sec.28 Resignation\n\nThe chief executive officer may resign by signed notice given to the chairperson.","sortOrder":33},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Other staff","content":"## Other staff","sortOrder":34},{"sectionNumber":"sec.29","sectionType":"section","heading":"Other staff","content":"### sec.29 Other staff\n\nTAFE Queensland may employ other staff it considers appropriate to perform its functions, including, for example, on a temporary basis to meet temporary circumstances.\nThe other staff are appointed under this Act and not the Public Sector Act 2022 .\ns 29 amd 2013 No. 49 s 27 ; 2022 No. 34 s 365 sch 3\n(sec.29-ssec.1) TAFE Queensland may employ other staff it considers appropriate to perform its functions, including, for example, on a temporary basis to meet temporary circumstances.\n(sec.29-ssec.2) The other staff are appointed under this Act and not the Public Sector Act 2022 .","sortOrder":35},{"sectionNumber":"sec.30","sectionType":"section","heading":null,"content":"### Section sec.30\n\ns 30 om 2022 No. 34 s 358","sortOrder":36},{"sectionNumber":"sec.31","sectionType":"section","heading":null,"content":"### Section sec.31\n\ns 31 om 2022 No. 34 s 358","sortOrder":37},{"sectionNumber":"sec.32","sectionType":"section","heading":"Preservation of rights of public service employee appointed to TAFE Queensland","content":"### sec.32 Preservation of rights of public service employee appointed to TAFE Queensland\n\nThis section applies to a person who—\nis appointed as an employee of TAFE Queensland; and\nwas, immediately before taking up the appointment, a public service employee.\nThe person is entitled to retain all existing and accruing rights as if service as an employee of TAFE Queensland were a continuation of service as a public service employee.\nAlso, the person keeps all the person’s existing and accruing rights relating to superannuation.\ns 32 amd 2016 No. 64 s 79 sch 1\n(sec.32-ssec.1) This section applies to a person who— is appointed as an employee of TAFE Queensland; and was, immediately before taking up the appointment, a public service employee.\n(sec.32-ssec.2) The person is entitled to retain all existing and accruing rights as if service as an employee of TAFE Queensland were a continuation of service as a public service employee.\n(sec.32-ssec.3) Also, the person keeps all the person’s existing and accruing rights relating to superannuation.\n- (a) is appointed as an employee of TAFE Queensland; and\n- (b) was, immediately before taking up the appointment, a public service employee.","sortOrder":38},{"sectionNumber":"sec.33","sectionType":"section","heading":"Preservation of rights of TAFE Queensland employee appointed to public service","content":"### sec.33 Preservation of rights of TAFE Queensland employee appointed to public service\n\nThis section applies to a person who—\nis appointed as a public service employee; and\nwas, immediately before taking up the appointment, an employee of TAFE Queensland.\nThe person’s service as an employee of TAFE Queensland must be regarded as service as a public service employee.\n(sec.33-ssec.1) This section applies to a person who— is appointed as a public service employee; and was, immediately before taking up the appointment, an employee of TAFE Queensland.\n(sec.33-ssec.2) The person’s service as an employee of TAFE Queensland must be regarded as service as a public service employee.\n- (a) is appointed as a public service employee; and\n- (b) was, immediately before taking up the appointment, an employee of TAFE Queensland.","sortOrder":39},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Criminal history","content":"## Criminal history","sortOrder":40},{"sectionNumber":"sec.34","sectionType":"section","heading":"Report about person’s criminal history","content":"### sec.34 Report about person’s criminal history\n\nThis section applies to a person as follows—\na member;\na prospective member;\nan employee of TAFE Queensland;\na prospective employee.\nThe Minister (the requesting authority ) may make investigations about a person mentioned in subsection (1) (a) or (b) to decide whether the person is disqualified under section 19 (1) (a) .\nTAFE Queensland (also the requesting authority ) may make investigations about a person mentioned in subsection (1) (c) or (d) to decide whether the person is an appropriate person for performing, or continuing to perform, the particular duties of the person as an employee of TAFE Queensland.\nWithout limiting subsection (2) or (3) , the requesting authority may ask the commissioner of police for—\na written report about the person’s criminal history; and\na brief description of the circumstances of a conviction mentioned in the criminal history.\nHowever, the requesting authority may make the request for a prospective member or prospective employee only if the person has given the requesting authority written consent for the request.\nThe commissioner of police must comply with the request.\nHowever, the duty to comply applies only to information in the commissioner’s possession or to which the commissioner has access.\nThe requesting authority must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\n(sec.34-ssec.1) This section applies to a person as follows— a member; a prospective member; an employee of TAFE Queensland; a prospective employee.\n(sec.34-ssec.2) The Minister (the requesting authority ) may make investigations about a person mentioned in subsection (1) (a) or (b) to decide whether the person is disqualified under section 19 (1) (a) .\n(sec.34-ssec.3) TAFE Queensland (also the requesting authority ) may make investigations about a person mentioned in subsection (1) (c) or (d) to decide whether the person is an appropriate person for performing, or continuing to perform, the particular duties of the person as an employee of TAFE Queensland.\n(sec.34-ssec.4) Without limiting subsection (2) or (3) , the requesting authority may ask the commissioner of police for— a written report about the person’s criminal history; and a brief description of the circumstances of a conviction mentioned in the criminal history.\n(sec.34-ssec.5) However, the requesting authority may make the request for a prospective member or prospective employee only if the person has given the requesting authority written consent for the request.\n(sec.34-ssec.6) The commissioner of police must comply with the request.\n(sec.34-ssec.7) However, the duty to comply applies only to information in the commissioner’s possession or to which the commissioner has access.\n(sec.34-ssec.8) The requesting authority must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\n- (a) a member;\n- (b) a prospective member;\n- (c) an employee of TAFE Queensland;\n- (d) a prospective employee.\n- (a) a written report about the person’s criminal history; and\n- (b) a brief description of the circumstances of a conviction mentioned in the criminal history.","sortOrder":41},{"sectionNumber":"sec.35","sectionType":"section","heading":"Criminal history is confidential document","content":"### sec.35 Criminal history is confidential document\n\nThis section applies to a person who possesses a report, or information contained in a report, given under section 34 , because the person is, or was, an officer, employee or agent of the department or TAFE Queensland.\nThe person must not, directly or indirectly, disclose the report or information to anyone else, unless the disclosure is permitted under subsection (3) .\nMaximum penalty—100 penalty units.\nThe person may disclose the information to someone else—\nto the extent necessary to perform the person’s functions under this Act; or\nif the disclosure is authorised under an Act; or\nif the disclosure is otherwise required or permitted by law; or\nif the person to whom the information relates consents to the disclosure; or\nif the disclosure is in a form that does not disclose the identity of the person to whom the information relates; or\nif the information is, or has been, lawfully accessible to the public.\n(sec.35-ssec.1) This section applies to a person who possesses a report, or information contained in a report, given under section 34 , because the person is, or was, an officer, employee or agent of the department or TAFE Queensland.\n(sec.35-ssec.2) The person must not, directly or indirectly, disclose the report or information to anyone else, unless the disclosure is permitted under subsection (3) . Maximum penalty—100 penalty units.\n(sec.35-ssec.3) The person may disclose the information to someone else— to the extent necessary to perform the person’s functions under this Act; or if the disclosure is authorised under an Act; or if the disclosure is otherwise required or permitted by law; or if the person to whom the information relates consents to the disclosure; or if the disclosure is in a form that does not disclose the identity of the person to whom the information relates; or if the information is, or has been, lawfully accessible to the public.\n- (a) to the extent necessary to perform the person’s functions under this Act; or\n- (b) if the disclosure is authorised under an Act; or\n- (c) if the disclosure is otherwise required or permitted by law; or\n- (d) if the person to whom the information relates consents to the disclosure; or\n- (e) if the disclosure is in a form that does not disclose the identity of the person to whom the information relates; or\n- (f) if the information is, or has been, lawfully accessible to the public.","sortOrder":42},{"sectionNumber":"sec.36","sectionType":"section","heading":"Requirement to disclose changes in criminal history","content":"### sec.36 Requirement to disclose changes in criminal history\n\nThis section applies to a person as follows—\na member;\nan employee of TAFE Queensland.\nIf there is a change in the criminal history of the person, the person must, unless the person has a reasonable excuse, immediately disclose the change to the relevant requesting authority under section 34 .\nMaximum penalty—100 penalty units.\nIf the person does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires one.\nTo comply with subsection (2) —\nthe information disclosed must include all of the following—\nthe existence of the conviction;\nwhen the offence was committed;\ndetails adequate to identify the offence;\nthe sentence imposed on the person; and\nthe disclosure must be in writing.\n(sec.36-ssec.1) This section applies to a person as follows— a member; an employee of TAFE Queensland.\n(sec.36-ssec.2) If there is a change in the criminal history of the person, the person must, unless the person has a reasonable excuse, immediately disclose the change to the relevant requesting authority under section 34 . Maximum penalty—100 penalty units.\n(sec.36-ssec.3) If the person does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires one.\n(sec.36-ssec.4) To comply with subsection (2) — the information disclosed must include all of the following— the existence of the conviction; when the offence was committed; details adequate to identify the offence; the sentence imposed on the person; and the disclosure must be in writing.\n- (a) a member;\n- (b) an employee of TAFE Queensland.\n- (a) the information disclosed must include all of the following— (i) the existence of the conviction; (ii) when the offence was committed; (iii) details adequate to identify the offence; (iv) the sentence imposed on the person; and\n- (i) the existence of the conviction;\n- (ii) when the offence was committed;\n- (iii) details adequate to identify the offence;\n- (iv) the sentence imposed on the person; and\n- (b) the disclosure must be in writing.\n- (i) the existence of the conviction;\n- (ii) when the offence was committed;\n- (iii) details adequate to identify the offence;\n- (iv) the sentence imposed on the person; and","sortOrder":43},{"sectionNumber":"pt.3","sectionType":"part","heading":"Planning and accountability","content":"# Planning and accountability","sortOrder":44},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Operational plans","content":"## Operational plans","sortOrder":45},{"sectionNumber":"sec.37","sectionType":"section","heading":"Definition for div 1","content":"### sec.37 Definition for div 1\n\nIn this division—\ncommunity service obligation , for TAFE Queensland, means an obligation of TAFE Queensland to perform an activity or provide a service that—\nis not in TAFE Queensland’s commercial interests to perform or provide; and\nis purchased by the State.\n- (a) is not in TAFE Queensland’s commercial interests to perform or provide; and\n- (b) is purchased by the State.","sortOrder":46},{"sectionNumber":"sec.38","sectionType":"section","heading":"Purpose of div 1","content":"### sec.38 Purpose of div 1\n\nThe purpose of this division is to provide for requirements for TAFE Queensland’s operational plan and for compliance with the plan.","sortOrder":47},{"sectionNumber":"sec.39","sectionType":"section","heading":"Preparation of draft plan","content":"### sec.39 Preparation of draft plan\n\nTAFE Queensland must give the Minister, for the Minister’s agreement, a draft operational plan for each financial year.\nThe draft must be given at least 2 months before the start of the financial year.\nIt is Parliament’s expectation that TAFE Queensland and the Minister should reach agreement about the draft plan at least 1 month before the start of the financial year.\n(sec.39-ssec.1) TAFE Queensland must give the Minister, for the Minister’s agreement, a draft operational plan for each financial year.\n(sec.39-ssec.2) The draft must be given at least 2 months before the start of the financial year.\n(sec.39-ssec.3) It is Parliament’s expectation that TAFE Queensland and the Minister should reach agreement about the draft plan at least 1 month before the start of the financial year.","sortOrder":48},{"sectionNumber":"sec.40","sectionType":"section","heading":"Content of plan","content":"### sec.40 Content of plan\n\nTAFE Queensland’s operational plan must include, for the financial year to which it relates, the following matters about TAFE Queensland—\nan outline of its objectives;\nits financial and non-financial performance targets for its functions;\nperformance indicators for the performance targets;\nan outline of the nature and scope of the activities proposed to be undertaken during the financial year;\nan outline of the major investments and borrowings proposed to be undertaken;\nan outline of policies about managing the risk associated with investments or borrowings that may adversely affect its financial position;\nthe community service obligations it must perform during the financial year;\nan outline of the arrangements for people performing work for it whether under mobility arrangements, or as employees;\nthe information required to be given to the Minister during the financial year and when it is to be given;\nany other matter relevant to its functions and required to be included in the operational plan by the Minister.\ns 40 amd 2022 No. 34 s 359\n- (a) an outline of its objectives;\n- (b) its financial and non-financial performance targets for its functions;\n- (c) performance indicators for the performance targets;\n- (d) an outline of the nature and scope of the activities proposed to be undertaken during the financial year;\n- (e) an outline of the major investments and borrowings proposed to be undertaken;\n- (f) an outline of policies about managing the risk associated with investments or borrowings that may adversely affect its financial position;\n- (g) the community service obligations it must perform during the financial year;\n- (h) an outline of the arrangements for people performing work for it whether under mobility arrangements, or as employees;\n- (i) the information required to be given to the Minister during the financial year and when it is to be given;\n- (j) any other matter relevant to its functions and required to be included in the operational plan by the Minister.","sortOrder":49},{"sectionNumber":"sec.41","sectionType":"section","heading":"When plan has effect","content":"### sec.41 When plan has effect\n\nWhen TAFE Queensland’s draft operational plan is agreed to by the Minister, the draft operational plan becomes its operational plan for the financial year to which it relates.\nThe Minister may impose conditions on the agreement.\n(sec.41-ssec.1) When TAFE Queensland’s draft operational plan is agreed to by the Minister, the draft operational plan becomes its operational plan for the financial year to which it relates.\n(sec.41-ssec.2) The Minister may impose conditions on the agreement.","sortOrder":50},{"sectionNumber":"sec.42","sectionType":"section","heading":"Plan pending agreement","content":"### sec.42 Plan pending agreement\n\nThis section applies if a draft operational plan has not been agreed to by the Minister by the start of the financial year to which it relates.\nThe draft plan submitted, or last submitted, by TAFE Queensland to the Minister, with any modifications made by TAFE Queensland at the direction of the Minister, whether before or after that time, is taken to be its operational plan.\nSubsection (2) applies until a draft operational plan becomes the institute’s operational plan under section 41 .\n(sec.42-ssec.1) This section applies if a draft operational plan has not been agreed to by the Minister by the start of the financial year to which it relates.\n(sec.42-ssec.2) The draft plan submitted, or last submitted, by TAFE Queensland to the Minister, with any modifications made by TAFE Queensland at the direction of the Minister, whether before or after that time, is taken to be its operational plan.\n(sec.42-ssec.3) Subsection (2) applies until a draft operational plan becomes the institute’s operational plan under section 41 .","sortOrder":51},{"sectionNumber":"sec.43","sectionType":"section","heading":"Requirement to comply","content":"### sec.43 Requirement to comply\n\nTAFE Queensland must comply with its operational plan for each financial year.","sortOrder":52},{"sectionNumber":"sec.44","sectionType":"section","heading":"Amendment of plan","content":"### sec.44 Amendment of plan\n\nTAFE Queensland may amend its operational plan only with the Minister’s written agreement.\nThe Minister may impose conditions on the agreement.\nThe Minister may, by notice, direct TAFE Queensland to amend its operational plan.\n(sec.44-ssec.1) TAFE Queensland may amend its operational plan only with the Minister’s written agreement.\n(sec.44-ssec.2) The Minister may impose conditions on the agreement.\n(sec.44-ssec.3) The Minister may, by notice, direct TAFE Queensland to amend its operational plan.","sortOrder":53},{"sectionNumber":"sec.45","sectionType":"section","heading":"Relationship with FA Act plan","content":"### sec.45 Relationship with FA Act plan\n\nThe requirements stated in this division apply in addition to the requirements for the operational plan under the FA Act .\nIf there is an inconsistency between a requirement under this division and a requirement under the FA Act , a requirement under this division prevails to the extent of the inconsistency.\n(sec.45-ssec.1) The requirements stated in this division apply in addition to the requirements for the operational plan under the FA Act .\n(sec.45-ssec.2) If there is an inconsistency between a requirement under this division and a requirement under the FA Act , a requirement under this division prevails to the extent of the inconsistency.","sortOrder":54},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Powers of Minister","content":"## Powers of Minister","sortOrder":55},{"sectionNumber":"sec.46","sectionType":"section","heading":"Minister may require information","content":"### sec.46 Minister may require information\n\nThe Minister may, by notice, require TAFE Queensland to give the Minister information about the performance of its functions under this Act.\nThe notice must state the day by which the information must be given.\nThe requirement may include a requirement to produce a document for inspection by the Minister.\nTAFE Queensland must comply with the requirement.\n(sec.46-ssec.1) The Minister may, by notice, require TAFE Queensland to give the Minister information about the performance of its functions under this Act.\n(sec.46-ssec.2) The notice must state the day by which the information must be given.\n(sec.46-ssec.3) The requirement may include a requirement to produce a document for inspection by the Minister.\n(sec.46-ssec.4) TAFE Queensland must comply with the requirement.","sortOrder":56},{"sectionNumber":"sec.47","sectionType":"section","heading":"Minister may give direction in public interest","content":"### sec.47 Minister may give direction in public interest\n\nThe Minister may give TAFE Queensland a written direction if the Minister is satisfied it is necessary to give the direction in the public interest.\nBefore giving the direction, the Minister must—\nconsult with TAFE Queensland; and\nask TAFE Queensland to advise whether, in its opinion, complying with the direction would not be in its financial interest.\nTAFE Queensland must comply with the direction.\n(sec.47-ssec.1) The Minister may give TAFE Queensland a written direction if the Minister is satisfied it is necessary to give the direction in the public interest.\n(sec.47-ssec.2) Before giving the direction, the Minister must— consult with TAFE Queensland; and ask TAFE Queensland to advise whether, in its opinion, complying with the direction would not be in its financial interest.\n(sec.47-ssec.3) TAFE Queensland must comply with the direction.\n- (a) consult with TAFE Queensland; and\n- (b) ask TAFE Queensland to advise whether, in its opinion, complying with the direction would not be in its financial interest.","sortOrder":57},{"sectionNumber":"sec.48","sectionType":"section","heading":"Notice of concern about financial viability","content":"### sec.48 Notice of concern about financial viability\n\nThis section applies if—\nTAFE Queensland is given a direction under section 47 ; and\nTAFE Queensland is concerned about its financial viability; and\nin TAFE Queensland’s opinion, the cause or a substantial cause of its concern would be compliance with the direction.\nTAFE Queensland must immediately give the Minister notice of the concern and its reasons for the opinion (the response ).\nThe response must state that it is given under this section.\nThe giving of the response operates to suspend the direction until—\nthe Minister gives TAFE Queensland written advice that the Minister is not satisfied that—\nTAFE Queensland’s concern mentioned in subsection (1) (b) is well-founded; or\nTAFE Queensland’s opinion mentioned in subsection (1) (c) is justified; or\nthe direction is revoked.\nIf TAFE Queensland was given a direction, and the Minister is satisfied TAFE Queensland’s concern is well-founded, the Minister must immediately—\nif the Minister is also satisfied TAFE Queensland’s opinion is justified—revoke the direction; and\nin any case—give TAFE Queensland the written directions the Minister considers necessary or desirable, including any directions necessary or desirable to ensure—\nTAFE Queensland does not incur further debts; or\nTAFE Queensland will be able to pay all its debts as and when they become due.\nWithout limiting subsection (5) , a direction under this section may require TAFE Queensland to stop or limit particular activities.\nTAFE Queensland must comply with a direction under this section.\n(sec.48-ssec.1) This section applies if— TAFE Queensland is given a direction under section 47 ; and TAFE Queensland is concerned about its financial viability; and in TAFE Queensland’s opinion, the cause or a substantial cause of its concern would be compliance with the direction.\n(sec.48-ssec.2) TAFE Queensland must immediately give the Minister notice of the concern and its reasons for the opinion (the response ).\n(sec.48-ssec.3) The response must state that it is given under this section.\n(sec.48-ssec.4) The giving of the response operates to suspend the direction until— the Minister gives TAFE Queensland written advice that the Minister is not satisfied that— TAFE Queensland’s concern mentioned in subsection (1) (b) is well-founded; or TAFE Queensland’s opinion mentioned in subsection (1) (c) is justified; or the direction is revoked.\n(sec.48-ssec.5) If TAFE Queensland was given a direction, and the Minister is satisfied TAFE Queensland’s concern is well-founded, the Minister must immediately— if the Minister is also satisfied TAFE Queensland’s opinion is justified—revoke the direction; and in any case—give TAFE Queensland the written directions the Minister considers necessary or desirable, including any directions necessary or desirable to ensure— TAFE Queensland does not incur further debts; or TAFE Queensland will be able to pay all its debts as and when they become due.\n(sec.48-ssec.6) Without limiting subsection (5) , a direction under this section may require TAFE Queensland to stop or limit particular activities.\n(sec.48-ssec.7) TAFE Queensland must comply with a direction under this section.\n- (a) TAFE Queensland is given a direction under section 47 ; and\n- (b) TAFE Queensland is concerned about its financial viability; and\n- (c) in TAFE Queensland’s opinion, the cause or a substantial cause of its concern would be compliance with the direction.\n- (a) the Minister gives TAFE Queensland written advice that the Minister is not satisfied that— (i) TAFE Queensland’s concern mentioned in subsection (1) (b) is well-founded; or (ii) TAFE Queensland’s opinion mentioned in subsection (1) (c) is justified; or\n- (i) TAFE Queensland’s concern mentioned in subsection (1) (b) is well-founded; or\n- (ii) TAFE Queensland’s opinion mentioned in subsection (1) (c) is justified; or\n- (b) the direction is revoked.\n- (i) TAFE Queensland’s concern mentioned in subsection (1) (b) is well-founded; or\n- (ii) TAFE Queensland’s opinion mentioned in subsection (1) (c) is justified; or\n- (a) if the Minister is also satisfied TAFE Queensland’s opinion is justified—revoke the direction; and\n- (b) in any case—give TAFE Queensland the written directions the Minister considers necessary or desirable, including any directions necessary or desirable to ensure— (i) TAFE Queensland does not incur further debts; or (ii) TAFE Queensland will be able to pay all its debts as and when they become due.\n- (i) TAFE Queensland does not incur further debts; or\n- (ii) TAFE Queensland will be able to pay all its debts as and when they become due.\n- (i) TAFE Queensland does not incur further debts; or\n- (ii) TAFE Queensland will be able to pay all its debts as and when they become due.","sortOrder":58},{"sectionNumber":"pt.4","sectionType":"part","heading":"Restructuring TAFE","content":"# Restructuring TAFE","sortOrder":59},{"sectionNumber":"sec.49","sectionType":"section","heading":"Relevant TAFE entities","content":"### sec.49 Relevant TAFE entities\n\nEach of the following entities is a relevant TAFE entity —\nthe department;\nTAFE Queensland;\na TAFE institute;\na statutory TAFE institute;\na dual sector entity;\nan entity prescribed under a regulation for this section.\nHowever, the regulation may only prescribe—\nan entity established under an Act; or\nan entity ultimately owned by a relevant TAFE entity or the State.\ns 49 amd 2014 No. 24 s 5\n(sec.49-ssec.1) Each of the following entities is a relevant TAFE entity — the department; TAFE Queensland; a TAFE institute; a statutory TAFE institute; a dual sector entity; an entity prescribed under a regulation for this section.\n(sec.49-ssec.2) However, the regulation may only prescribe— an entity established under an Act; or an entity ultimately owned by a relevant TAFE entity or the State.\n- (a) the department;\n- (b) TAFE Queensland;\n- (c) a TAFE institute;\n- (d) a statutory TAFE institute;\n- (e) a dual sector entity;\n- (f) an entity prescribed under a regulation for this section.\n- (a) an entity established under an Act; or\n- (b) an entity ultimately owned by a relevant TAFE entity or the State.","sortOrder":60},{"sectionNumber":"sec.50","sectionType":"section","heading":"Transfer of assets, liabilities etc. to relevant TAFE entity","content":"### sec.50 Transfer of assets, liabilities etc. to relevant TAFE entity\n\nA regulation (a transfer regulation ) may make provision about all or any of the following for a relevant TAFE entity—\nthe transfer of a business, asset or liability of the relevant TAFE entity to another relevant TAFE entity;\nthe consideration for a business, asset or liability transferred under paragraph (a) ;\nthe grant of a lease, easement or other right from the relevant TAFE entity to another relevant TAFE entity;\nthe variation or extinguishment of a lease, easement or other right held by the relevant TAFE entity;\nfor a lease held by the relevant TAFE entity under the Land Act 1994 —\ntransferring the lease; or\nchanging a purpose for which the lease is issued; or\nchanging a condition imposed on the lease; or\ngranting a sublease;\nfor trust land for which the relevant TAFE entity is the trustee—\nremoving the relevant TAFE entity as trustee; or\nappointing another relevant TAFE entity as trustee; or\nchanging the purpose for which the trust land was reserved or granted in trust, including to a purpose other than a community purpose;\nwhether and, if so, the extent to which the relevant TAFE entity is the successor in law of another relevant TAFE entity;\na legal proceeding that is being, or may be, taken by or against the relevant TAFE entity to be continued or taken by or against another relevant TAFE entity;\nthe transfer or application of an instrument to the relevant TAFE entity, including, for example—\nwhether the relevant TAFE entity is a party to an instrument; and\nwhether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of the relevant TAFE entity; and\nwhether a reference to an entity in an instrument is a reference to the relevant TAFE entity; and\nwhether, under an instrument, an amount is or may become payable to or by the relevant TAFE entity or other property is, or may be, transferred to or by the relevant TAFE entity; and\nwhether a right or entitlement under an instrument is held by the relevant TAFE entity;\nthe transfer of an employee of the relevant TAFE entity to another relevant TAFE entity;\nthe employees of the relevant TAFE entity transferred under paragraph (j) , and their terms and conditions of employment, rights and entitlements;\nthe application of a particular industrial instrument to—\nthe employees mentioned in paragraph (k) ; or\nthe relevant TAFE entity to which the employees mentioned in paragraph (k) are transferred; or\nother employees of the relevant TAFE entity mentioned in subparagraph (ii) ;\nthe transfer of a student enrolment from the relevant TAFE entity to another relevant TAFE entity;\nwhether any of the following registrations is taken to have been given to, or in favour of, the relevant TAFE entity or another relevant TAFE entity—\nregistration as a registered provider under the Education (Overseas Students) Act 1996 ;\nregistration of a registered course under the Education (Overseas Students) Act 1996 ;\nwhether a relevant TAFE entity is taken to be the supervising registered training organisation for a training contract under the VETE Act , chapter 3 ;\nthe records of the relevant TAFE entity;\nanything incidental, consequential or supplemental to the restructure of the relevant TAFE entity.\nA transfer regulation—\nmay transfer an asset attached to land without transferring the land, even though the asset would otherwise be a part of the land; and\nhas effect despite any other law or instrument; and\nmay provide for a matter by reference to a document held by an entity.\nTo remove any doubt it is declared that a transfer regulation applies despite—\nthe Industrial Relations Act 1999 ; and\nany industrial instrument.\nSubsection (2) (c) does not by implication limit the Statutory Instruments Act 1992 , section 26 .\nA transfer regulation may make provision about—\nhow consideration mentioned in subsection (1) (b) is to be decided; and\nthe changing of the consideration.\nA transfer regulation may make provision about accounting treatment in relation to a matter mentioned in subsection (1) .\nIn this section—\nemployee , of a relevant TAFE entity mentioned in section 49 (1) (d) , does not include a member of the board of the entity.\nrecord includes any document.\n(sec.50-ssec.1) A regulation (a transfer regulation ) may make provision about all or any of the following for a relevant TAFE entity— the transfer of a business, asset or liability of the relevant TAFE entity to another relevant TAFE entity; the consideration for a business, asset or liability transferred under paragraph (a) ; the grant of a lease, easement or other right from the relevant TAFE entity to another relevant TAFE entity; the variation or extinguishment of a lease, easement or other right held by the relevant TAFE entity; for a lease held by the relevant TAFE entity under the Land Act 1994 — transferring the lease; or changing a purpose for which the lease is issued; or changing a condition imposed on the lease; or granting a sublease; for trust land for which the relevant TAFE entity is the trustee— removing the relevant TAFE entity as trustee; or appointing another relevant TAFE entity as trustee; or changing the purpose for which the trust land was reserved or granted in trust, including to a purpose other than a community purpose; whether and, if so, the extent to which the relevant TAFE entity is the successor in law of another relevant TAFE entity; a legal proceeding that is being, or may be, taken by or against the relevant TAFE entity to be continued or taken by or against another relevant TAFE entity; the transfer or application of an instrument to the relevant TAFE entity, including, for example— whether the relevant TAFE entity is a party to an instrument; and whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of the relevant TAFE entity; and whether a reference to an entity in an instrument is a reference to the relevant TAFE entity; and whether, under an instrument, an amount is or may become payable to or by the relevant TAFE entity or other property is, or may be, transferred to or by the relevant TAFE entity; and whether a right or entitlement under an instrument is held by the relevant TAFE entity; the transfer of an employee of the relevant TAFE entity to another relevant TAFE entity; the employees of the relevant TAFE entity transferred under paragraph (j) , and their terms and conditions of employment, rights and entitlements; the application of a particular industrial instrument to— the employees mentioned in paragraph (k) ; or the relevant TAFE entity to which the employees mentioned in paragraph (k) are transferred; or other employees of the relevant TAFE entity mentioned in subparagraph (ii) ; the transfer of a student enrolment from the relevant TAFE entity to another relevant TAFE entity; whether any of the following registrations is taken to have been given to, or in favour of, the relevant TAFE entity or another relevant TAFE entity— registration as a registered provider under the Education (Overseas Students) Act 1996 ; registration of a registered course under the Education (Overseas Students) Act 1996 ; whether a relevant TAFE entity is taken to be the supervising registered training organisation for a training contract under the VETE Act , chapter 3 ; the records of the relevant TAFE entity; anything incidental, consequential or supplemental to the restructure of the relevant TAFE entity.\n(sec.50-ssec.2) A transfer regulation— may transfer an asset attached to land without transferring the land, even though the asset would otherwise be a part of the land; and has effect despite any other law or instrument; and may provide for a matter by reference to a document held by an entity.\n(sec.50-ssec.3) To remove any doubt it is declared that a transfer regulation applies despite— the Industrial Relations Act 1999 ; and any industrial instrument.\n(sec.50-ssec.4) Subsection (2) (c) does not by implication limit the Statutory Instruments Act 1992 , section 26 .\n(sec.50-ssec.5) A transfer regulation may make provision about— how consideration mentioned in subsection (1) (b) is to be decided; and the changing of the consideration.\n(sec.50-ssec.6) A transfer regulation may make provision about accounting treatment in relation to a matter mentioned in subsection (1) .\n(sec.50-ssec.7) In this section— employee , of a relevant TAFE entity mentioned in section 49 (1) (d) , does not include a member of the board of the entity. record includes any document.\n- (a) the transfer of a business, asset or liability of the relevant TAFE entity to another relevant TAFE entity;\n- (b) the consideration for a business, asset or liability transferred under paragraph (a) ;\n- (c) the grant of a lease, easement or other right from the relevant TAFE entity to another relevant TAFE entity;\n- (d) the variation or extinguishment of a lease, easement or other right held by the relevant TAFE entity;\n- (e) for a lease held by the relevant TAFE entity under the Land Act 1994 — (i) transferring the lease; or (ii) changing a purpose for which the lease is issued; or (iii) changing a condition imposed on the lease; or (iv) granting a sublease;\n- (i) transferring the lease; or\n- (ii) changing a purpose for which the lease is issued; or\n- (iii) changing a condition imposed on the lease; or\n- (iv) granting a sublease;\n- (f) for trust land for which the relevant TAFE entity is the trustee— (i) removing the relevant TAFE entity as trustee; or (ii) appointing another relevant TAFE entity as trustee; or (iii) changing the purpose for which the trust land was reserved or granted in trust, including to a purpose other than a community purpose;\n- (i) removing the relevant TAFE entity as trustee; or\n- (ii) appointing another relevant TAFE entity as trustee; or\n- (iii) changing the purpose for which the trust land was reserved or granted in trust, including to a purpose other than a community purpose;\n- (g) whether and, if so, the extent to which the relevant TAFE entity is the successor in law of another relevant TAFE entity;\n- (h) a legal proceeding that is being, or may be, taken by or against the relevant TAFE entity to be continued or taken by or against another relevant TAFE entity;\n- (i) the transfer or application of an instrument to the relevant TAFE entity, including, for example— (i) whether the relevant TAFE entity is a party to an instrument; and (ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of the relevant TAFE entity; and (iii) whether a reference to an entity in an instrument is a reference to the relevant TAFE entity; and (iv) whether, under an instrument, an amount is or may become payable to or by the relevant TAFE entity or other property is, or may be, transferred to or by the relevant TAFE entity; and (v) whether a right or entitlement under an instrument is held by the relevant TAFE entity;\n- (i) whether the relevant TAFE entity is a party to an instrument; and\n- (ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of the relevant TAFE entity; and\n- (iii) whether a reference to an entity in an instrument is a reference to the relevant TAFE entity; and\n- (iv) whether, under an instrument, an amount is or may become payable to or by the relevant TAFE entity or other property is, or may be, transferred to or by the relevant TAFE entity; and\n- (v) whether a right or entitlement under an instrument is held by the relevant TAFE entity;\n- (j) the transfer of an employee of the relevant TAFE entity to another relevant TAFE entity;\n- (k) the employees of the relevant TAFE entity transferred under paragraph (j) , and their terms and conditions of employment, rights and entitlements;\n- (l) the application of a particular industrial instrument to— (i) the employees mentioned in paragraph (k) ; or (ii) the relevant TAFE entity to which the employees mentioned in paragraph (k) are transferred; or (iii) other employees of the relevant TAFE entity mentioned in subparagraph (ii) ;\n- (i) the employees mentioned in paragraph (k) ; or\n- (ii) the relevant TAFE entity to which the employees mentioned in paragraph (k) are transferred; or\n- (iii) other employees of the relevant TAFE entity mentioned in subparagraph (ii) ;\n- (m) the transfer of a student enrolment from the relevant TAFE entity to another relevant TAFE entity;\n- (n) whether any of the following registrations is taken to have been given to, or in favour of, the relevant TAFE entity or another relevant TAFE entity— (i) registration as a registered provider under the Education (Overseas Students) Act 1996 ; (ii) registration of a registered course under the Education (Overseas Students) Act 1996 ;\n- (i) registration as a registered provider under the Education (Overseas Students) Act 1996 ;\n- (ii) registration of a registered course under the Education (Overseas Students) Act 1996 ;\n- (o) whether a relevant TAFE entity is taken to be the supervising registered training organisation for a training contract under the VETE Act , chapter 3 ;\n- (p) the records of the relevant TAFE entity;\n- (q) anything incidental, consequential or supplemental to the restructure of the relevant TAFE entity.\n- (i) transferring the lease; or\n- (ii) changing a purpose for which the lease is issued; or\n- (iii) changing a condition imposed on the lease; or\n- (iv) granting a sublease;\n- (i) removing the relevant TAFE entity as trustee; or\n- (ii) appointing another relevant TAFE entity as trustee; or\n- (iii) changing the purpose for which the trust land was reserved or granted in trust, including to a purpose other than a community purpose;\n- (i) whether the relevant TAFE entity is a party to an instrument; and\n- (ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of the relevant TAFE entity; and\n- (iii) whether a reference to an entity in an instrument is a reference to the relevant TAFE entity; and\n- (iv) whether, under an instrument, an amount is or may become payable to or by the relevant TAFE entity or other property is, or may be, transferred to or by the relevant TAFE entity; and\n- (v) whether a right or entitlement under an instrument is held by the relevant TAFE entity;\n- (i) the employees mentioned in paragraph (k) ; or\n- (ii) the relevant TAFE entity to which the employees mentioned in paragraph (k) are transferred; or\n- (iii) other employees of the relevant TAFE entity mentioned in subparagraph (ii) ;\n- (i) registration as a registered provider under the Education (Overseas Students) Act 1996 ;\n- (ii) registration of a registered course under the Education (Overseas Students) Act 1996 ;\n- (a) may transfer an asset attached to land without transferring the land, even though the asset would otherwise be a part of the land; and\n- (b) has effect despite any other law or instrument; and\n- (c) may provide for a matter by reference to a document held by an entity.\n- (a) the Industrial Relations Act 1999 ; and\n- (b) any industrial instrument.\n- (a) how consideration mentioned in subsection (1) (b) is to be decided; and\n- (b) the changing of the consideration.","sortOrder":61},{"sectionNumber":"sec.51","sectionType":"section","heading":"Ministerial direction","content":"### sec.51 Ministerial direction\n\nThe Minister may give a direction (a transfer direction ) to a relevant entity or its board requiring the entity or board to do something the Minister considers necessary or convenient for effectively restructuring the entity under this part.\nWithout limiting subsection (1) , a transfer direction may be about—\nthe timing of transfers of particular businesses, assets and liabilities, instruments and employees; or\nexecuting an instrument; or\ndisclosing information.\nA transfer direction must be a signed notice.\nA relevant entity must comply with a transfer direction given to it.\nA relevant entity’s board must—\nif a transfer direction is given to the board—comply with the direction; or\nif a transfer direction is given to the entity—take the action necessary to ensure the entity complies with the direction.\nA relevant entity’s employees must help the entity or its board comply with a transfer direction given to the entity or board.\nIn this section—\nboard , of a relevant entity, means—\nfor TAFE Queensland—the board; or\nfor an entity prescribed under a regulation for section 49 —the appropriate authority of the entity.\nrelevant entity means—\nTAFE Queensland; or\nan entity prescribed under a regulation for section 49 .\n(sec.51-ssec.1) The Minister may give a direction (a transfer direction ) to a relevant entity or its board requiring the entity or board to do something the Minister considers necessary or convenient for effectively restructuring the entity under this part.\n(sec.51-ssec.2) Without limiting subsection (1) , a transfer direction may be about— the timing of transfers of particular businesses, assets and liabilities, instruments and employees; or executing an instrument; or disclosing information.\n(sec.51-ssec.3) A transfer direction must be a signed notice.\n(sec.51-ssec.4) A relevant entity must comply with a transfer direction given to it.\n(sec.51-ssec.5) A relevant entity’s board must— if a transfer direction is given to the board—comply with the direction; or if a transfer direction is given to the entity—take the action necessary to ensure the entity complies with the direction.\n(sec.51-ssec.6) A relevant entity’s employees must help the entity or its board comply with a transfer direction given to the entity or board.\n(sec.51-ssec.7) In this section— board , of a relevant entity, means— for TAFE Queensland—the board; or for an entity prescribed under a regulation for section 49 —the appropriate authority of the entity. relevant entity means— TAFE Queensland; or an entity prescribed under a regulation for section 49 .\n- (a) the timing of transfers of particular businesses, assets and liabilities, instruments and employees; or\n- (b) executing an instrument; or\n- (c) disclosing information.\n- (a) if a transfer direction is given to the board—comply with the direction; or\n- (b) if a transfer direction is given to the entity—take the action necessary to ensure the entity complies with the direction.\n- (a) for TAFE Queensland—the board; or\n- (b) for an entity prescribed under a regulation for section 49 —the appropriate authority of the entity.\n- (a) TAFE Queensland; or\n- (b) an entity prescribed under a regulation for section 49 .","sortOrder":62},{"sectionNumber":"sec.52","sectionType":"section","heading":"Registering authority to register or record transfer or other dealing","content":"### sec.52 Registering authority to register or record transfer or other dealing\n\nA registering authority must, on written application by a relevant TAFE entity, register or record in the appropriate way a transfer of, or other dealing affecting, an asset, liability or instrument provided for under a transfer regulation.\nThe relevant TAFE entity must comply with any relevant procedures required by the registering authority for the purpose of registering or recording the transfer or other dealing.\nThe registering authority may require the relevant TAFE entity to complete and submit a particular form.\nIn this section—\nregistering authority means the registrar of titles or another entity required or authorised by law to register or record transactions affecting assets, liabilities or instruments.\n(sec.52-ssec.1) A registering authority must, on written application by a relevant TAFE entity, register or record in the appropriate way a transfer of, or other dealing affecting, an asset, liability or instrument provided for under a transfer regulation.\n(sec.52-ssec.2) The relevant TAFE entity must comply with any relevant procedures required by the registering authority for the purpose of registering or recording the transfer or other dealing. The registering authority may require the relevant TAFE entity to complete and submit a particular form.\n(sec.52-ssec.3) In this section— registering authority means the registrar of titles or another entity required or authorised by law to register or record transactions affecting assets, liabilities or instruments.","sortOrder":63},{"sectionNumber":"sec.53","sectionType":"section","heading":"Regulation dissolving statutory TAFE institute","content":"### sec.53 Regulation dissolving statutory TAFE institute\n\nThis section applies if all the assets and liabilities of a statutory TAFE institute have become the assets and liabilities of another relevant TAFE entity or have been otherwise disposed of by the statutory TAFE institute.\nA regulation may—\ndissolve the statutory TAFE institute; and\nmake provision about—\nany matter relating to the dissolution for which it is necessary or convenient to make provision; and\nthe preparation of the institute’s final statements and report; and\naccess to information and documents for preparing the institute’s final statements and report; and\nthe entity that is to prepare the institute’s final statements and report.\nSubsection (2) (b) (iv) applies despite the Financial and Performance Management Standard 2009 , sections 48 (1) and 53 .\nIn this section—\nfinal statements and report , of a statutory TAFE institute, means its final financial statements and final report under the FA Act , sections 62 and 63 .\n(sec.53-ssec.1) This section applies if all the assets and liabilities of a statutory TAFE institute have become the assets and liabilities of another relevant TAFE entity or have been otherwise disposed of by the statutory TAFE institute.\n(sec.53-ssec.2) A regulation may— dissolve the statutory TAFE institute; and make provision about— any matter relating to the dissolution for which it is necessary or convenient to make provision; and the preparation of the institute’s final statements and report; and access to information and documents for preparing the institute’s final statements and report; and the entity that is to prepare the institute’s final statements and report.\n(sec.53-ssec.3) Subsection (2) (b) (iv) applies despite the Financial and Performance Management Standard 2009 , sections 48 (1) and 53 .\n(sec.53-ssec.4) In this section— final statements and report , of a statutory TAFE institute, means its final financial statements and final report under the FA Act , sections 62 and 63 .\n- (a) dissolve the statutory TAFE institute; and\n- (b) make provision about— (i) any matter relating to the dissolution for which it is necessary or convenient to make provision; and (ii) the preparation of the institute’s final statements and report; and (iii) access to information and documents for preparing the institute’s final statements and report; and (iv) the entity that is to prepare the institute’s final statements and report.\n- (i) any matter relating to the dissolution for which it is necessary or convenient to make provision; and\n- (ii) the preparation of the institute’s final statements and report; and\n- (iii) access to information and documents for preparing the institute’s final statements and report; and\n- (iv) the entity that is to prepare the institute’s final statements and report.\n- (i) any matter relating to the dissolution for which it is necessary or convenient to make provision; and\n- (ii) the preparation of the institute’s final statements and report; and\n- (iii) access to information and documents for preparing the institute’s final statements and report; and\n- (iv) the entity that is to prepare the institute’s final statements and report.","sortOrder":64},{"sectionNumber":"sec.54","sectionType":"section","heading":"References in documents after dissolution","content":"### sec.54 References in documents after dissolution\n\nThis section applies if a regulation is made under section 53 to dissolve a statutory TAFE institute.\nA reference in a document to the institute is, if the context permits, taken to be a reference to—\none or more relevant TAFE entities prescribed under a regulation; or\nif no entity is prescribed—the relevant TAFE entity to which the institute’s assets and liabilities were transferred before its dissolution.\n(sec.54-ssec.1) This section applies if a regulation is made under section 53 to dissolve a statutory TAFE institute.\n(sec.54-ssec.2) A reference in a document to the institute is, if the context permits, taken to be a reference to— one or more relevant TAFE entities prescribed under a regulation; or if no entity is prescribed—the relevant TAFE entity to which the institute’s assets and liabilities were transferred before its dissolution.\n- (a) one or more relevant TAFE entities prescribed under a regulation; or\n- (b) if no entity is prescribed—the relevant TAFE entity to which the institute’s assets and liabilities were transferred before its dissolution.","sortOrder":65},{"sectionNumber":"sec.55","sectionType":"section","heading":"Rights of transferred employees etc.","content":"### sec.55 Rights of transferred employees etc.\n\nThis section applies if there is a transfer of an employee (a transferred employee ) from a relevant TAFE entity (the transferor ) to another relevant TAFE entity (the transferee ) under a transfer regulation.\nThe transfer does not—\nreduce the transferred employee’s total remuneration; or\nprejudice the transferred employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\naffect a right or entitlement of the transferred employee to be employed as a public service employee accrued—\nimmediately before the commencement under former section 220X (4) ; or\nbefore, on or after the commencement under the Public Sector Act 2022 , section 156 ; or\ninterrupt continuity of service, including continuity of service under former section 220W (4) , except that the transferred employee is not entitled to claim the benefit of a right or entitlement more than once for the same period of service; or\nconstitute a termination, retrenchment or redundancy of the transferred employee’s employment by the transferor; or\nentitle the transferred employee to a payment or other benefit merely because he or she is no longer employed by the transferor; or\nrequire the transferor to make any payment for the transferred employee’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the transferor and the transferred employee.\nThe transfer has effect despite any other contract, law or instrument.\nIf the transfer regulation provides for the application of a particular industrial instrument to an employee of the transferee other than a transferred employee, the provision does not reduce the other employee’s total remuneration.\nIn this section—\ncommencement means the day this section commences.\nformer section 220W(4) means the VETE Act , section 220W (4) as in force immediately before the commencement.\nformer section 220X(4) means the VETE Act , section 220X (4) as in force immediately before the commencement.\ns 55 amd 2022 No. 34 s 365 sch 3\n(sec.55-ssec.1) This section applies if there is a transfer of an employee (a transferred employee ) from a relevant TAFE entity (the transferor ) to another relevant TAFE entity (the transferee ) under a transfer regulation.\n(sec.55-ssec.2) The transfer does not— reduce the transferred employee’s total remuneration; or prejudice the transferred employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or affect a right or entitlement of the transferred employee to be employed as a public service employee accrued— immediately before the commencement under former section 220X (4) ; or before, on or after the commencement under the Public Sector Act 2022 , section 156 ; or interrupt continuity of service, including continuity of service under former section 220W (4) , except that the transferred employee is not entitled to claim the benefit of a right or entitlement more than once for the same period of service; or constitute a termination, retrenchment or redundancy of the transferred employee’s employment by the transferor; or entitle the transferred employee to a payment or other benefit merely because he or she is no longer employed by the transferor; or require the transferor to make any payment for the transferred employee’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the transferor and the transferred employee.\n(sec.55-ssec.3) The transfer has effect despite any other contract, law or instrument.\n(sec.55-ssec.4) If the transfer regulation provides for the application of a particular industrial instrument to an employee of the transferee other than a transferred employee, the provision does not reduce the other employee’s total remuneration.\n(sec.55-ssec.5) In this section— commencement means the day this section commences. former section 220W(4) means the VETE Act , section 220W (4) as in force immediately before the commencement. former section 220X(4) means the VETE Act , section 220X (4) as in force immediately before the commencement.\n- (a) reduce the transferred employee’s total remuneration; or\n- (b) prejudice the transferred employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\n- (c) affect a right or entitlement of the transferred employee to be employed as a public service employee accrued— (i) immediately before the commencement under former section 220X (4) ; or (ii) before, on or after the commencement under the Public Sector Act 2022 , section 156 ; or\n- (i) immediately before the commencement under former section 220X (4) ; or\n- (ii) before, on or after the commencement under the Public Sector Act 2022 , section 156 ; or\n- (d) interrupt continuity of service, including continuity of service under former section 220W (4) , except that the transferred employee is not entitled to claim the benefit of a right or entitlement more than once for the same period of service; or\n- (e) constitute a termination, retrenchment or redundancy of the transferred employee’s employment by the transferor; or\n- (f) entitle the transferred employee to a payment or other benefit merely because he or she is no longer employed by the transferor; or\n- (g) require the transferor to make any payment for the transferred employee’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the transferor and the transferred employee.\n- (i) immediately before the commencement under former section 220X (4) ; or\n- (ii) before, on or after the commencement under the Public Sector Act 2022 , section 156 ; or","sortOrder":66},{"sectionNumber":"sec.56","sectionType":"section","heading":"Things done under this part","content":"### sec.56 Things done under this part\n\nA thing may be done under this part despite any other law or instrument.\nTo remove any doubt, it is declared that a thing is taken to be done under this part if it is done by, or in compliance with, a transfer regulation or transfer direction, even if the thing includes taking steps under another Act.\n(sec.56-ssec.1) A thing may be done under this part despite any other law or instrument.\n(sec.56-ssec.2) To remove any doubt, it is declared that a thing is taken to be done under this part if it is done by, or in compliance with, a transfer regulation or transfer direction, even if the thing includes taking steps under another Act.","sortOrder":67},{"sectionNumber":"sec.57","sectionType":"section","heading":"Effect on legal relationships","content":"### sec.57 Effect on legal relationships\n\nNothing done under this part—\nmakes a relevant entity liable for a civil wrong or a contravention of a law or for a breach of a contract or confidence; or\nmakes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or\nexcept as provided for under a transfer regulation, is taken to fulfil a condition that—\nterminates, or allows a person to terminate, an instrument or obligation; or\nmodifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\nallows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or\nrequires any money to be paid before its stated maturity; or\nreleases a surety or other obligee, wholly or partly, from an obligation.\nIf, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this part, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.\nIf, apart from this Act, giving notice to a person would be necessary to do something under this part, the notice is taken to have been given.\nIn this section—\nrelevant entity means—\nthe State or an employee or agent of the State; or\na relevant TAFE entity, a member of the relevant TAFE entity’s board, or an employee or agent of the relevant TAFE entity.\n(sec.57-ssec.1) Nothing done under this part— makes a relevant entity liable for a civil wrong or a contravention of a law or for a breach of a contract or confidence; or makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or except as provided for under a transfer regulation, is taken to fulfil a condition that— terminates, or allows a person to terminate, an instrument or obligation; or modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or requires any money to be paid before its stated maturity; or releases a surety or other obligee, wholly or partly, from an obligation.\n(sec.57-ssec.2) If, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this part, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.\n(sec.57-ssec.3) If, apart from this Act, giving notice to a person would be necessary to do something under this part, the notice is taken to have been given.\n(sec.57-ssec.4) In this section— relevant entity means— the State or an employee or agent of the State; or a relevant TAFE entity, a member of the relevant TAFE entity’s board, or an employee or agent of the relevant TAFE entity.\n- (a) makes a relevant entity liable for a civil wrong or a contravention of a law or for a breach of a contract or confidence; or\n- (b) makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or\n- (c) except as provided for under a transfer regulation, is taken to fulfil a condition that— (i) terminates, or allows a person to terminate, an instrument or obligation; or (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or (iv) requires any money to be paid before its stated maturity; or\n- (i) terminates, or allows a person to terminate, an instrument or obligation; or\n- (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\n- (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or\n- (iv) requires any money to be paid before its stated maturity; or\n- (d) releases a surety or other obligee, wholly or partly, from an obligation.\n- (i) terminates, or allows a person to terminate, an instrument or obligation; or\n- (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\n- (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or\n- (iv) requires any money to be paid before its stated maturity; or\n- (a) the State or an employee or agent of the State; or\n- (b) a relevant TAFE entity, a member of the relevant TAFE entity’s board, or an employee or agent of the relevant TAFE entity.","sortOrder":68},{"sectionNumber":"pt.4A","sectionType":"part","heading":"Dual sector entities","content":"# Dual sector entities","sortOrder":69},{"sectionNumber":"pt.4A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":70},{"sectionNumber":"sec.57A","sectionType":"section","heading":"Definitions","content":"### sec.57A Definitions\n\nIn this part—\ndual sector entity means an entity prescribed as a dual sector entity under division 2 .\nVET operations , in relation to a dual sector entity, means the operations of the dual sector entity that involve the delivery of vocational education and training.\ns 57A ins 2014 No. 24 s 6","sortOrder":71},{"sectionNumber":"pt.4A-div.2","sectionType":"division","heading":"Establishing dual sector entity","content":"## Establishing dual sector entity","sortOrder":72},{"sectionNumber":"sec.57B","sectionType":"section","heading":"Dual sector entity may be prescribed","content":"### sec.57B Dual sector entity may be prescribed\n\nA regulation may prescribe an entity as a dual sector entity.\nThe Minister may recommend the making of a regulation under subsection (1) —\nonly with the entity’s agreement; and\nonly if the Minister is satisfied the entity is a suitable entity for performing VET operations at an appropriate standard.\ns 57B ins 2014 No. 24 s 6\n(sec.57B-ssec.1) A regulation may prescribe an entity as a dual sector entity.\n(sec.57B-ssec.2) The Minister may recommend the making of a regulation under subsection (1) — only with the entity’s agreement; and only if the Minister is satisfied the entity is a suitable entity for performing VET operations at an appropriate standard.\n- (a) only with the entity’s agreement; and\n- (b) only if the Minister is satisfied the entity is a suitable entity for performing VET operations at an appropriate standard.","sortOrder":73},{"sectionNumber":"pt.4A-div.3","sectionType":"division","heading":"Operational plans","content":"## Operational plans","sortOrder":74},{"sectionNumber":"sec.57C","sectionType":"section","heading":"Application of division","content":"### sec.57C Application of division\n\nThis division applies to a dual sector entity in the performance of all its operations.\nHowever, if a regulation under this section prescribes a day for the entity, this division applies to the entity on and from the prescribed day only to the extent of the performance of its VET operations.\ns 57C ins 2014 No. 24 s 6\n(sec.57C-ssec.1) This division applies to a dual sector entity in the performance of all its operations.\n(sec.57C-ssec.2) However, if a regulation under this section prescribes a day for the entity, this division applies to the entity on and from the prescribed day only to the extent of the performance of its VET operations.","sortOrder":75},{"sectionNumber":"sec.57D","sectionType":"section","heading":"Relationship with operational plan requirements under FA Act","content":"### sec.57D Relationship with operational plan requirements under FA Act\n\nThe requirements applying to a dual sector entity under this division are in addition to any requirements about an operational plan that may apply to the entity as a statutory body or otherwise under the FA Act .\nSubsection (1) does not stop the dual sector entity combining its compliance with this division with its compliance with the FA standards to the extent it is reasonable and practicable to do so.\ns 57D ins 2014 No. 24 s 6\n(sec.57D-ssec.1) The requirements applying to a dual sector entity under this division are in addition to any requirements about an operational plan that may apply to the entity as a statutory body or otherwise under the FA Act .\n(sec.57D-ssec.2) Subsection (1) does not stop the dual sector entity combining its compliance with this division with its compliance with the FA standards to the extent it is reasonable and practicable to do so.","sortOrder":76},{"sectionNumber":"sec.57E","sectionType":"section","heading":"Purpose and operation of division","content":"### sec.57E Purpose and operation of division\n\nThe purpose of this division is to require a dual sector entity to have an operational plan and to comply with the plan.\ns 57E ins 2014 No. 24 s 6","sortOrder":77},{"sectionNumber":"sec.57F","sectionType":"section","heading":"Preparation of draft plan","content":"### sec.57F Preparation of draft plan\n\nA dual sector entity must give the Minister, for the Minister’s agreement, a draft operational plan for each operational plan year for the entity (the relevant year ).\nThis section does not apply for a dual sector entity’s first operational plan as provided for in section 57L .\nThe draft must be given at least 2 months before the start of the relevant year.\nIt is Parliament’s expectation that the Minister and the dual sector entity should reach agreement about the draft plan at least 1 month before the start of the relevant year.\nDespite subsections (3) and (4) , if an entity becomes a dual sector entity in the last 3 months immediately before the start of the relevant year—\nthe draft plan must be given as soon as possible; and\nit is Parliament’s expectation that the Minister and the dual sector entity should reach agreement about the draft plan as soon as possible, whether before or after the start of the relevant year.\nSection 57L would nevertheless apply to require a first draft operational plan for the period before the relevant year starts.\nIn this section—\noperational plan year , for a dual sector entity, means—\nif the dual sector entity is a university established under an Act—the period stated under that Act as the university’s financial year; or\notherwise—\na financial year; or\na period of 1 year, other than a financial year, prescribed under a regulation.\ns 57F ins 2014 No. 24 s 6\n(sec.57F-ssec.1) A dual sector entity must give the Minister, for the Minister’s agreement, a draft operational plan for each operational plan year for the entity (the relevant year ).\n(sec.57F-ssec.2) This section does not apply for a dual sector entity’s first operational plan as provided for in section 57L .\n(sec.57F-ssec.3) The draft must be given at least 2 months before the start of the relevant year.\n(sec.57F-ssec.4) It is Parliament’s expectation that the Minister and the dual sector entity should reach agreement about the draft plan at least 1 month before the start of the relevant year.\n(sec.57F-ssec.5) Despite subsections (3) and (4) , if an entity becomes a dual sector entity in the last 3 months immediately before the start of the relevant year— the draft plan must be given as soon as possible; and it is Parliament’s expectation that the Minister and the dual sector entity should reach agreement about the draft plan as soon as possible, whether before or after the start of the relevant year. Section 57L would nevertheless apply to require a first draft operational plan for the period before the relevant year starts.\n(sec.57F-ssec.6) In this section— operational plan year , for a dual sector entity, means— if the dual sector entity is a university established under an Act—the period stated under that Act as the university’s financial year; or otherwise— a financial year; or a period of 1 year, other than a financial year, prescribed under a regulation.\n- (a) the draft plan must be given as soon as possible; and\n- (b) it is Parliament’s expectation that the Minister and the dual sector entity should reach agreement about the draft plan as soon as possible, whether before or after the start of the relevant year.\n- (a) if the dual sector entity is a university established under an Act—the period stated under that Act as the university’s financial year; or\n- (b) otherwise— (i) a financial year; or (ii) a period of 1 year, other than a financial year, prescribed under a regulation.\n- (i) a financial year; or\n- (ii) a period of 1 year, other than a financial year, prescribed under a regulation.\n- (i) a financial year; or\n- (ii) a period of 1 year, other than a financial year, prescribed under a regulation.","sortOrder":78},{"sectionNumber":"sec.57G","sectionType":"section","heading":"Content of plan","content":"### sec.57G Content of plan\n\nA dual sector entity’s operational plan must to the greatest practicable extent conform with the requirements for an operational plan applying under the FA standards.\nDespite subsection (1) , a dual sector entity’s operational plan must include, for the operational plan year to which it relates, the following matters about the entity—\nan outline of its objectives;\nits financial and non-financial performance targets for its operations;\nperformance indicators for the performance targets;\nan outline of the nature and scope of the activities proposed to be undertaken during the operational plan year;\nan outline of the major investments and borrowings proposed to be undertaken;\nan outline of policies about managing the risk associated with investments or borrowings that may adversely affect its financial position;\nan outline of the arrangements for people performing work for it, including as employees;\nthe information required to be given to the Minister in quarterly reports under division 4 ;\nany other information required to be given to the Minister during the year and when it is to be given;\nany other matter relevant to its operations and required to be included in the operational plan by the Minister.\ns 57G ins 2014 No. 24 s 6\n(sec.57G-ssec.1) A dual sector entity’s operational plan must to the greatest practicable extent conform with the requirements for an operational plan applying under the FA standards.\n(sec.57G-ssec.2) Despite subsection (1) , a dual sector entity’s operational plan must include, for the operational plan year to which it relates, the following matters about the entity— an outline of its objectives; its financial and non-financial performance targets for its operations; performance indicators for the performance targets; an outline of the nature and scope of the activities proposed to be undertaken during the operational plan year; an outline of the major investments and borrowings proposed to be undertaken; an outline of policies about managing the risk associated with investments or borrowings that may adversely affect its financial position; an outline of the arrangements for people performing work for it, including as employees; the information required to be given to the Minister in quarterly reports under division 4 ; any other information required to be given to the Minister during the year and when it is to be given; any other matter relevant to its operations and required to be included in the operational plan by the Minister.\n- (a) an outline of its objectives;\n- (b) its financial and non-financial performance targets for its operations;\n- (c) performance indicators for the performance targets;\n- (d) an outline of the nature and scope of the activities proposed to be undertaken during the operational plan year;\n- (e) an outline of the major investments and borrowings proposed to be undertaken;\n- (f) an outline of policies about managing the risk associated with investments or borrowings that may adversely affect its financial position;\n- (g) an outline of the arrangements for people performing work for it, including as employees;\n- (h) the information required to be given to the Minister in quarterly reports under division 4 ;\n- (i) any other information required to be given to the Minister during the year and when it is to be given;\n- (j) any other matter relevant to its operations and required to be included in the operational plan by the Minister.","sortOrder":79},{"sectionNumber":"sec.57H","sectionType":"section","heading":"When plan has effect","content":"### sec.57H When plan has effect\n\nWhen a dual sector entity’s draft operational plan is agreed to by the Minister, the draft operational plan becomes the entity’s operational plan for the operational plan year to which it relates.\nThe Minister’s agreement may be given subject to conditions.\ns 57H ins 2014 No. 24 s 6\n(sec.57H-ssec.1) When a dual sector entity’s draft operational plan is agreed to by the Minister, the draft operational plan becomes the entity’s operational plan for the operational plan year to which it relates.\n(sec.57H-ssec.2) The Minister’s agreement may be given subject to conditions.","sortOrder":80},{"sectionNumber":"sec.57I","sectionType":"section","heading":"Plan pending agreement","content":"### sec.57I Plan pending agreement\n\nThis section applies if a draft operational plan has not been agreed to by the Minister, as provided for in section 57F , by the start of the operational plan year to which it relates.\nThe draft operational plan submitted, or last submitted, by the dual sector entity to the Minister, with any modifications made by the entity at the direction of the Minister, whether before or after the plan was submitted, is taken to be its operational plan.\nSubsection (2) applies until a draft operational plan becomes the dual sector entity’s operational plan as provided for in this division.\ns 57I ins 2014 No. 24 s 6\n(sec.57I-ssec.1) This section applies if a draft operational plan has not been agreed to by the Minister, as provided for in section 57F , by the start of the operational plan year to which it relates.\n(sec.57I-ssec.2) The draft operational plan submitted, or last submitted, by the dual sector entity to the Minister, with any modifications made by the entity at the direction of the Minister, whether before or after the plan was submitted, is taken to be its operational plan.\n(sec.57I-ssec.3) Subsection (2) applies until a draft operational plan becomes the dual sector entity’s operational plan as provided for in this division.","sortOrder":81},{"sectionNumber":"sec.57J","sectionType":"section","heading":"Requirement to comply","content":"### sec.57J Requirement to comply\n\nA dual sector entity must comply with its operational plan for each operational plan year.\ns 57J ins 2014 No. 24 s 6","sortOrder":82},{"sectionNumber":"sec.57K","sectionType":"section","heading":"Amendment of plan","content":"### sec.57K Amendment of plan\n\nA dual sector entity may amend its operational plan only with the Minister’s written agreement.\nThe Minister’s agreement may be given subject to conditions.\nThe Minister may, by notice, direct a dual sector entity to amend its operational plan.\ns 57K ins 2014 No. 24 s 6\n(sec.57K-ssec.1) A dual sector entity may amend its operational plan only with the Minister’s written agreement.\n(sec.57K-ssec.2) The Minister’s agreement may be given subject to conditions.\n(sec.57K-ssec.3) The Minister may, by notice, direct a dual sector entity to amend its operational plan.","sortOrder":83},{"sectionNumber":"sec.57L","sectionType":"section","heading":"First operational plan","content":"### sec.57L First operational plan\n\nThis section applies for when an entity first becomes a dual sector entity.\nThe dual sector entity’s first draft operational plan must be—\nfor the period starting on the day it becomes a dual sector entity (the start day ) and ending at the end of the operational plan year; and\ngiven to the Minister as soon as possible after the start day.\nIt is Parliament’s expectation that the Minister and the dual sector entity should reach agreement about the first draft operational plan as soon as possible.\nIf the Minister and the dual sector entity have not reached agreement within 3 months after the start day, the first draft operational plan submitted, or last submitted, by the entity to the Minister is taken to be its first operational plan.\nSubsection (4) applies until the first of the following to happen—\nthe dual sector entity’s first draft operational plan is agreed to by the Minister;\nthe commencement of the plan that is, or is taken to be, the entity’s operational plan for the entity’s next operational plan year.\ns 57L ins 2014 No. 24 s 6\n(sec.57L-ssec.1) This section applies for when an entity first becomes a dual sector entity.\n(sec.57L-ssec.2) The dual sector entity’s first draft operational plan must be— for the period starting on the day it becomes a dual sector entity (the start day ) and ending at the end of the operational plan year; and given to the Minister as soon as possible after the start day.\n(sec.57L-ssec.3) It is Parliament’s expectation that the Minister and the dual sector entity should reach agreement about the first draft operational plan as soon as possible.\n(sec.57L-ssec.4) If the Minister and the dual sector entity have not reached agreement within 3 months after the start day, the first draft operational plan submitted, or last submitted, by the entity to the Minister is taken to be its first operational plan.\n(sec.57L-ssec.5) Subsection (4) applies until the first of the following to happen— the dual sector entity’s first draft operational plan is agreed to by the Minister; the commencement of the plan that is, or is taken to be, the entity’s operational plan for the entity’s next operational plan year.\n- (a) for the period starting on the day it becomes a dual sector entity (the start day ) and ending at the end of the operational plan year; and\n- (b) given to the Minister as soon as possible after the start day.\n- (a) the dual sector entity’s first draft operational plan is agreed to by the Minister;\n- (b) the commencement of the plan that is, or is taken to be, the entity’s operational plan for the entity’s next operational plan year.","sortOrder":84},{"sectionNumber":"pt.4A-div.4","sectionType":"division","heading":"Reporting to the Minister","content":"## Reporting to the Minister","sortOrder":85},{"sectionNumber":"sec.57M","sectionType":"section","heading":"Application of division","content":"### sec.57M Application of division\n\nThis division applies to a dual sector entity in the performance of all its operations.\nHowever, if a regulation under this section prescribes a day for the entity, this division applies to the entity on and from the prescribed day only to the extent of the performance of its VET operations.\ns 57M ins 2014 No. 24 s 6\n(sec.57M-ssec.1) This division applies to a dual sector entity in the performance of all its operations.\n(sec.57M-ssec.2) However, if a regulation under this section prescribes a day for the entity, this division applies to the entity on and from the prescribed day only to the extent of the performance of its VET operations.","sortOrder":86},{"sectionNumber":"sec.57N","sectionType":"section","heading":"Quarterly reports","content":"### sec.57N Quarterly reports\n\nA dual sector entity must give the Minister a report on the entity’s operations for each quarter.\nA quarterly report must be given to the Minister—\nwithin 6 weeks after the end of the quarter; or\nif another period after the end of the quarter is agreed between the entity and the Minister—within the agreed period.\nA quarterly report must contain the information required to be given in the report under the entity’s operational plan as provided for in division 3 .\nIn this section—\nquarter means each of the following periods in any year—\n1 January to 31 March;\n1 April to 30 June;\n1 July to 30 September;\n1 October to 31 December.\ns 57N ins 2014 No. 24 s 6\n(sec.57N-ssec.1) A dual sector entity must give the Minister a report on the entity’s operations for each quarter.\n(sec.57N-ssec.2) A quarterly report must be given to the Minister— within 6 weeks after the end of the quarter; or if another period after the end of the quarter is agreed between the entity and the Minister—within the agreed period.\n(sec.57N-ssec.3) A quarterly report must contain the information required to be given in the report under the entity’s operational plan as provided for in division 3 .\n(sec.57N-ssec.4) In this section— quarter means each of the following periods in any year— 1 January to 31 March; 1 April to 30 June; 1 July to 30 September; 1 October to 31 December.\n- (a) within 6 weeks after the end of the quarter; or\n- (b) if another period after the end of the quarter is agreed between the entity and the Minister—within the agreed period.\n- (a) 1 January to 31 March;\n- (b) 1 April to 30 June;\n- (c) 1 July to 30 September;\n- (d) 1 October to 31 December.","sortOrder":87},{"sectionNumber":"sec.57O","sectionType":"section","heading":"Notice of proposed significant action","content":"### sec.57O Notice of proposed significant action\n\nThis section applies if a dual sector entity proposes to—\ndo anything that may have a significant adverse effect on the entity’s ability to meet its obligations under its operational plan; or\nsell, lease or mortgage property transferred to the entity, as a relevant TAFE entity, under a transfer regulation; or\nenter into an arrangement for any of its operations that commits to spending more than the amount prescribed under a regulation.\nBefore taking any action mentioned in subsection (1) (the proposed significant action ), and as soon as practicable after proposing to take the action, the dual sector entity must give the Minister notice of the action.\nA dual sector entity is not required to comply with subsection (2) before taking the proposed significant action if details of the action, and a clear intention to take the action, are included in the entity’s operational plan for its current operational plan year.\ns 57O ins 2014 No. 24 s 6\n(sec.57O-ssec.1) This section applies if a dual sector entity proposes to— do anything that may have a significant adverse effect on the entity’s ability to meet its obligations under its operational plan; or sell, lease or mortgage property transferred to the entity, as a relevant TAFE entity, under a transfer regulation; or enter into an arrangement for any of its operations that commits to spending more than the amount prescribed under a regulation.\n(sec.57O-ssec.2) Before taking any action mentioned in subsection (1) (the proposed significant action ), and as soon as practicable after proposing to take the action, the dual sector entity must give the Minister notice of the action.\n(sec.57O-ssec.3) A dual sector entity is not required to comply with subsection (2) before taking the proposed significant action if details of the action, and a clear intention to take the action, are included in the entity’s operational plan for its current operational plan year.\n- (a) do anything that may have a significant adverse effect on the entity’s ability to meet its obligations under its operational plan; or\n- (b) sell, lease or mortgage property transferred to the entity, as a relevant TAFE entity, under a transfer regulation; or\n- (c) enter into an arrangement for any of its operations that commits to spending more than the amount prescribed under a regulation.","sortOrder":88},{"sectionNumber":"sec.57P","sectionType":"section","heading":"Minister may require information","content":"### sec.57P Minister may require information\n\nThe Minister may, by notice given to a dual sector entity, require the entity to give the Minister information about the performance of any of its operations.\nThe notice must state the day by which the information must be given.\nThe entity must give the Minister the information by the stated day.\nWithout limiting subsection (1) , a requirement to give information may include a requirement to produce a document for inspection by the Minister.\ns 57P ins 2014 No. 24 s 6\n(sec.57P-ssec.1) The Minister may, by notice given to a dual sector entity, require the entity to give the Minister information about the performance of any of its operations.\n(sec.57P-ssec.2) The notice must state the day by which the information must be given.\n(sec.57P-ssec.3) The entity must give the Minister the information by the stated day.\n(sec.57P-ssec.4) Without limiting subsection (1) , a requirement to give information may include a requirement to produce a document for inspection by the Minister.","sortOrder":89},{"sectionNumber":"pt.4A-div.5","sectionType":"division","heading":"Minister’s reserve powers","content":"## Minister’s reserve powers","sortOrder":90},{"sectionNumber":"sec.57Q","sectionType":"section","heading":"Application of division","content":"### sec.57Q Application of division\n\nThis division applies to a dual sector entity in the performance of all of its operations.\nHowever, if a regulation under this section prescribes a day for the entity, this division applies to the entity on and from the prescribed day only to the extent of the performance of its VET operations.\ns 57Q ins 2014 No. 24 s 6\n(sec.57Q-ssec.1) This division applies to a dual sector entity in the performance of all of its operations.\n(sec.57Q-ssec.2) However, if a regulation under this section prescribes a day for the entity, this division applies to the entity on and from the prescribed day only to the extent of the performance of its VET operations.","sortOrder":91},{"sectionNumber":"sec.57R","sectionType":"section","heading":"Minister may give direction in public interest","content":"### sec.57R Minister may give direction in public interest\n\nThe Minister may give a dual sector entity a written direction if the Minister is satisfied it is necessary to give the direction in the public interest.\nBefore giving the direction, the Minister must—\nconsult with the dual sector entity; and\nask the entity to advise whether, in its opinion, complying with the direction would not be in its financial interest.\nThe dual sector entity must comply with the direction.\ns 57R ins 2014 No. 24 s 6\n(sec.57R-ssec.1) The Minister may give a dual sector entity a written direction if the Minister is satisfied it is necessary to give the direction in the public interest.\n(sec.57R-ssec.2) Before giving the direction, the Minister must— consult with the dual sector entity; and ask the entity to advise whether, in its opinion, complying with the direction would not be in its financial interest.\n(sec.57R-ssec.3) The dual sector entity must comply with the direction.\n- (a) consult with the dual sector entity; and\n- (b) ask the entity to advise whether, in its opinion, complying with the direction would not be in its financial interest.","sortOrder":92},{"sectionNumber":"sec.57S","sectionType":"section","heading":"Notice of concern about financial viability because of direction","content":"### sec.57S Notice of concern about financial viability because of direction\n\nThis section applies if—\na dual sector entity is given a direction under section 57R ; and\nthe entity is concerned that its financial viability could be seriously compromised if it is required to comply with the direction.\nThe entity must immediately give the Minister notice of the concern.\nThe notice must state—\nthe entity’s reasons for the concern; and\nthat the notice is given under this section.\nThe giving of the notice operates to suspend the direction until—\nthe Minister gives the entity written advice that the Minister is not satisfied that the entity’s concern is well-founded; or\nthe direction is revoked.\nThe Minister must immediately revoke the direction if the Minister is satisfied that the entity’s concern is well-founded.\nWhether or not the Minister revokes the direction, the Minister may give any further directions the Minister considers necessary or desirable for the entity’s financial viability, including, for example, a further direction requiring the entity to stop or limit particular activities.\nA further direction given under subsection (6) is not a direction under section 57R .\nThe entity must comply with a further direction given under subsection (6) .\ns 57S ins 2014 No. 24 s 6\n(sec.57S-ssec.1) This section applies if— a dual sector entity is given a direction under section 57R ; and the entity is concerned that its financial viability could be seriously compromised if it is required to comply with the direction.\n(sec.57S-ssec.2) The entity must immediately give the Minister notice of the concern.\n(sec.57S-ssec.3) The notice must state— the entity’s reasons for the concern; and that the notice is given under this section.\n(sec.57S-ssec.4) The giving of the notice operates to suspend the direction until— the Minister gives the entity written advice that the Minister is not satisfied that the entity’s concern is well-founded; or the direction is revoked.\n(sec.57S-ssec.5) The Minister must immediately revoke the direction if the Minister is satisfied that the entity’s concern is well-founded.\n(sec.57S-ssec.6) Whether or not the Minister revokes the direction, the Minister may give any further directions the Minister considers necessary or desirable for the entity’s financial viability, including, for example, a further direction requiring the entity to stop or limit particular activities.\n(sec.57S-ssec.7) A further direction given under subsection (6) is not a direction under section 57R .\n(sec.57S-ssec.8) The entity must comply with a further direction given under subsection (6) .\n- (a) a dual sector entity is given a direction under section 57R ; and\n- (b) the entity is concerned that its financial viability could be seriously compromised if it is required to comply with the direction.\n- (a) the entity’s reasons for the concern; and\n- (b) that the notice is given under this section.\n- (a) the Minister gives the entity written advice that the Minister is not satisfied that the entity’s concern is well-founded; or\n- (b) the direction is revoked.","sortOrder":93},{"sectionNumber":"pt.4A-div.6","sectionType":"division","heading":"Payment of returns","content":"## Payment of returns","sortOrder":94},{"sectionNumber":"sec.57T","sectionType":"section","heading":"Application of division","content":"### sec.57T Application of division\n\nThis division applies to a dual sector entity only to the extent of the performance of its VET operations.\ns 57T ins 2014 No. 24 s 6","sortOrder":95},{"sectionNumber":"sec.57U","sectionType":"section","heading":"Requirement to pay annual return","content":"### sec.57U Requirement to pay annual return\n\nA dual sector entity must pay to the State, for each year, an annual return of the amount decided by the Minister.\nThe return must be paid within 6 months after the end of the year for which it is payable or a longer period allowed by the Minister.\ns 57U ins 2014 No. 24 s 6\n(sec.57U-ssec.1) A dual sector entity must pay to the State, for each year, an annual return of the amount decided by the Minister.\n(sec.57U-ssec.2) The return must be paid within 6 months after the end of the year for which it is payable or a longer period allowed by the Minister.","sortOrder":96},{"sectionNumber":"sec.57V","sectionType":"section","heading":"Amount of annual return","content":"### sec.57V Amount of annual return\n\nDuring the estimate advice period in each year, a dual sector entity must give the Minister—\nan estimate of its VET surplus for the year; and\na recommendation about the amount of the annual return to be paid for the year.\nThe dual sector entity is not stopped from recommending that no return is payable for a particular year.\nBefore the year ends, the Minister must either accept the recommendation or give the dual sector entity a direction to pay an annual return of a different stated amount.\nThe amount of the annual return must not be more than the VET surplus for the year.\nIn this section—\nestimate advice period , in a year, means the period from 1 November to 15 November in the year.\nVET surplus , for a dual sector entity for a year, means the surplus generated by the entity for the year in the performance of its VET operations after—\nproviding for income tax or its equivalent; and\nexcluding any unrealised capital gains from upwards revaluation of non-current assets.\ns 57V ins 2014 No. 24 s 6\n(sec.57V-ssec.1) During the estimate advice period in each year, a dual sector entity must give the Minister— an estimate of its VET surplus for the year; and a recommendation about the amount of the annual return to be paid for the year.\n(sec.57V-ssec.2) The dual sector entity is not stopped from recommending that no return is payable for a particular year.\n(sec.57V-ssec.3) Before the year ends, the Minister must either accept the recommendation or give the dual sector entity a direction to pay an annual return of a different stated amount.\n(sec.57V-ssec.4) The amount of the annual return must not be more than the VET surplus for the year.\n(sec.57V-ssec.5) In this section— estimate advice period , in a year, means the period from 1 November to 15 November in the year. VET surplus , for a dual sector entity for a year, means the surplus generated by the entity for the year in the performance of its VET operations after— providing for income tax or its equivalent; and excluding any unrealised capital gains from upwards revaluation of non-current assets.\n- (a) an estimate of its VET surplus for the year; and\n- (b) a recommendation about the amount of the annual return to be paid for the year.\n- (a) providing for income tax or its equivalent; and\n- (b) excluding any unrealised capital gains from upwards revaluation of non-current assets.","sortOrder":97},{"sectionNumber":"pt.4A-div.7","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":98},{"sectionNumber":"sec.57W","sectionType":"section","heading":"Annual report","content":"### sec.57W Annual report\n\nThis section applies to a dual sector entity that is a statutory body under the FA Act .\nIn the dual sector entity’s annual report under the FA Act , the entity must include copies of all directions given to the entity by the Minister under this Act during the year to which the report relates.\ns 57W ins 2014 No. 24 s 6\n(sec.57W-ssec.1) This section applies to a dual sector entity that is a statutory body under the FA Act .\n(sec.57W-ssec.2) In the dual sector entity’s annual report under the FA Act , the entity must include copies of all directions given to the entity by the Minister under this Act during the year to which the report relates.","sortOrder":99},{"sectionNumber":"sec.57X","sectionType":"section","heading":"Review of performance of VET operations","content":"### sec.57X Review of performance of VET operations\n\nThe Minister must review a dual sector entity’s performance of its VET operations every 5 years.\nThe first review must be completed within 12 months after the fifth anniversary of the entity becoming a dual sector entity.\nSubsequent reviews must be completed within 12 months after each subsequent fifth anniversary.\nThe purpose of a review is to ensure the dual sector entity is operating efficiently and effectively.\ns 57X ins 2014 No. 24 s 6\n(sec.57X-ssec.1) The Minister must review a dual sector entity’s performance of its VET operations every 5 years.\n(sec.57X-ssec.2) The first review must be completed within 12 months after the fifth anniversary of the entity becoming a dual sector entity.\n(sec.57X-ssec.3) Subsequent reviews must be completed within 12 months after each subsequent fifth anniversary.\n(sec.57X-ssec.4) The purpose of a review is to ensure the dual sector entity is operating efficiently and effectively.","sortOrder":100},{"sectionNumber":"pt.5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":101},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"TAFE brand","content":"## TAFE brand","sortOrder":102},{"sectionNumber":"sec.58","sectionType":"section","heading":"Use of protected terms","content":"### sec.58 Use of protected terms\n\nA person must not use a protected term in its name, or in a description of its activities, operations or services, in connection with its operations in and from Queensland if having regard to the circumstances in which it is used a reasonable person would think that—\nthe person is a TAFE entity; or\nthe activity, operation or service is being provided by a TAFE entity.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply to—\na TAFE entity; or\na person to whom the Minister has given approval under subsection (3) to use the protected term in its name or in connection with its activities, operations or services.\nThe Minister may give a person an approval to use a protected term in its name or in connection with its activities, operations or services if the Minister is satisfied—\nthe person is established by or operates in association with TAFE Queensland; or\nit is unlikely that a reasonable person would think that, because of the use of the protected term in its name or in connection with its activities, operations or services, the person is a TAFE entity.\nThe Minister must publish details of approvals in force under subsection (3) on the department’s website on the internet.\nIn this section—\nprotected term means the following terms—\nTAFE;\ntechnical and further education.\nTAFE entity means—\nTAFE Queensland; or\na TAFE institute established under the VETE Act , chapter 6 ; or\na dual sector entity; or\nan entity prescribed under a regulation.\ns 58 amd 2014 No. 24 s 7\n(sec.58-ssec.1) A person must not use a protected term in its name, or in a description of its activities, operations or services, in connection with its operations in and from Queensland if having regard to the circumstances in which it is used a reasonable person would think that— the person is a TAFE entity; or the activity, operation or service is being provided by a TAFE entity. Maximum penalty—100 penalty units.\n(sec.58-ssec.2) Subsection (1) does not apply to— a TAFE entity; or a person to whom the Minister has given approval under subsection (3) to use the protected term in its name or in connection with its activities, operations or services.\n(sec.58-ssec.3) The Minister may give a person an approval to use a protected term in its name or in connection with its activities, operations or services if the Minister is satisfied— the person is established by or operates in association with TAFE Queensland; or it is unlikely that a reasonable person would think that, because of the use of the protected term in its name or in connection with its activities, operations or services, the person is a TAFE entity.\n(sec.58-ssec.4) The Minister must publish details of approvals in force under subsection (3) on the department’s website on the internet.\n(sec.58-ssec.5) In this section— protected term means the following terms— TAFE; technical and further education. TAFE entity means— TAFE Queensland; or a TAFE institute established under the VETE Act , chapter 6 ; or a dual sector entity; or an entity prescribed under a regulation.\n- (a) the person is a TAFE entity; or\n- (b) the activity, operation or service is being provided by a TAFE entity.\n- (a) a TAFE entity; or\n- (b) a person to whom the Minister has given approval under subsection (3) to use the protected term in its name or in connection with its activities, operations or services.\n- (a) the person is established by or operates in association with TAFE Queensland; or\n- (b) it is unlikely that a reasonable person would think that, because of the use of the protected term in its name or in connection with its activities, operations or services, the person is a TAFE entity.\n- (a) TAFE;\n- (b) technical and further education.\n- (a) TAFE Queensland; or\n- (b) a TAFE institute established under the VETE Act , chapter 6 ; or\n- (c) a dual sector entity; or\n- (d) an entity prescribed under a regulation.","sortOrder":103},{"sectionNumber":"sec.59","sectionType":"section","heading":"Injunction to prevent or restrain a contravention","content":"### sec.59 Injunction to prevent or restrain a contravention\n\nThis section applies if the Minister reasonably believes a person (an offending party ) has engaged, is engaging or is proposing to engage in conduct that contravened, is contravening or would contravene section 58 .\nThe Minister may apply to the Supreme Court of Queensland (the court ) for an injunction restraining the offending party from engaging, or continuing to engage, in the conduct.\nThe court may grant an interim injunction restraining the offending party from engaging, or continuing to engage, in the conduct pending a decision about the application.\nAfter considering the application the court may—\nif it is satisfied on the balance of probabilities that the offending party has engaged, or is likely to engage or continue to engage, in the conduct—grant the injunction; or\nrefuse to grant the injunction.\nThe court may grant the injunction—\nif it is satisfied the offending party has engaged in the conduct—whether or not it considers the offending party intended to engage again, or continue to engage, in the conduct; or\nif it is satisfied the offending party will likely engage again, or continue to engage, in the conduct if the injunction is not granted—\nwhether or not the offending party has previously engaged in the conduct; and\nwhether or not there is an imminent danger of substantial damage to a person if the offending party engaged in the conduct.\nIf the court is satisfied there is an adequate reason for doing so, it may grant an injunction under subsection (3) or (4) without notice to the offending party.\n(sec.59-ssec.1) This section applies if the Minister reasonably believes a person (an offending party ) has engaged, is engaging or is proposing to engage in conduct that contravened, is contravening or would contravene section 58 .\n(sec.59-ssec.2) The Minister may apply to the Supreme Court of Queensland (the court ) for an injunction restraining the offending party from engaging, or continuing to engage, in the conduct.\n(sec.59-ssec.3) The court may grant an interim injunction restraining the offending party from engaging, or continuing to engage, in the conduct pending a decision about the application.\n(sec.59-ssec.4) After considering the application the court may— if it is satisfied on the balance of probabilities that the offending party has engaged, or is likely to engage or continue to engage, in the conduct—grant the injunction; or refuse to grant the injunction.\n(sec.59-ssec.5) The court may grant the injunction— if it is satisfied the offending party has engaged in the conduct—whether or not it considers the offending party intended to engage again, or continue to engage, in the conduct; or if it is satisfied the offending party will likely engage again, or continue to engage, in the conduct if the injunction is not granted— whether or not the offending party has previously engaged in the conduct; and whether or not there is an imminent danger of substantial damage to a person if the offending party engaged in the conduct.\n(sec.59-ssec.6) If the court is satisfied there is an adequate reason for doing so, it may grant an injunction under subsection (3) or (4) without notice to the offending party.\n- (a) if it is satisfied on the balance of probabilities that the offending party has engaged, or is likely to engage or continue to engage, in the conduct—grant the injunction; or\n- (b) refuse to grant the injunction.\n- (a) if it is satisfied the offending party has engaged in the conduct—whether or not it considers the offending party intended to engage again, or continue to engage, in the conduct; or\n- (b) if it is satisfied the offending party will likely engage again, or continue to engage, in the conduct if the injunction is not granted— (i) whether or not the offending party has previously engaged in the conduct; and (ii) whether or not there is an imminent danger of substantial damage to a person if the offending party engaged in the conduct.\n- (i) whether or not the offending party has previously engaged in the conduct; and\n- (ii) whether or not there is an imminent danger of substantial damage to a person if the offending party engaged in the conduct.\n- (i) whether or not the offending party has previously engaged in the conduct; and\n- (ii) whether or not there is an imminent danger of substantial damage to a person if the offending party engaged in the conduct.","sortOrder":104},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Delegations","content":"## Delegations","sortOrder":105},{"sectionNumber":"sec.60","sectionType":"section","heading":"Delegation by TAFE Queensland","content":"### sec.60 Delegation by TAFE Queensland\n\nTAFE Queensland may delegate a function to—\na member; or\nthe chief executive officer; or\nan appropriately qualified employee of TAFE Queensland; or\nan appropriately qualified person performing work under a mobility arrangement.\ns 60 amd 2022 No. 34 s 360\n- (a) a member; or\n- (b) the chief executive officer; or\n- (c) an appropriately qualified employee of TAFE Queensland; or\n- (d) an appropriately qualified person performing work under a mobility arrangement.","sortOrder":106},{"sectionNumber":"sec.61","sectionType":"section","heading":"Delegation by chief executive officer","content":"### sec.61 Delegation by chief executive officer\n\nThe chief executive officer may delegate a function of the officer to—\nan appropriately qualified employee of TAFE Queensland; or\nan appropriately qualified person performing work under a mobility arrangement.\ns 61 amd 2022 No. 34 s 361\n- (a) an appropriately qualified employee of TAFE Queensland; or\n- (b) an appropriately qualified person performing work under a mobility arrangement.","sortOrder":107},{"sectionNumber":"sec.62","sectionType":"section","heading":"Delegation by Minister","content":"### sec.62 Delegation by Minister\n\nThe Minister may delegate a function to an appropriately qualified public service employee.","sortOrder":108},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":109},{"sectionNumber":"sec.63","sectionType":"section","heading":"Crime and Misconduct Act 2001","content":"### sec.63 Crime and Misconduct Act 2001\n\nTAFE Queensland is a unit of public administration under the Crime and Misconduct Act 2001.","sortOrder":110},{"sectionNumber":"sec.64","sectionType":"section","heading":"Annual report","content":"### sec.64 Annual report\n\nTAFE Queensland’s annual report for a financial year under the FA Act must include copies of—\ndirections and notices given to TAFE Queensland by the Minister under this Act in the financial year to which the report relates; and\nall authorisations under section 66 (3) (d) given in the financial year.\ns 64 amd 2014 No. 24 s 8\n- (a) directions and notices given to TAFE Queensland by the Minister under this Act in the financial year to which the report relates; and\n- (b) all authorisations under section 66 (3) (d) given in the financial year.","sortOrder":111},{"sectionNumber":"sec.65","sectionType":"section","heading":"Protection from liability","content":"### sec.65 Protection from liability\n\nThis section applies to the following persons—\nthe Minister;\nthe chief executive;\na member;\nthe chief executive officer;\nan employee of TAFE Queensland;\na person performing work for TAFE Queensland under a mobility arrangement.\nThe person is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (2) prevents a liability attaching to the person, the liability attaches instead to the State.\ns 65 amd 2022 No. 34 s 362\n(sec.65-ssec.1) This section applies to the following persons— the Minister; the chief executive; a member; the chief executive officer; an employee of TAFE Queensland; a person performing work for TAFE Queensland under a mobility arrangement.\n(sec.65-ssec.2) The person is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.65-ssec.3) If subsection (2) prevents a liability attaching to the person, the liability attaches instead to the State.\n- (a) the Minister;\n- (b) the chief executive;\n- (c) a member;\n- (d) the chief executive officer;\n- (e) an employee of TAFE Queensland;\n- (f) a person performing work for TAFE Queensland under a mobility arrangement.","sortOrder":112},{"sectionNumber":"sec.66","sectionType":"section","heading":"Protection of confidentiality","content":"### sec.66 Protection of confidentiality\n\nThis section applies to a person who acquires information about another person (the other person )—\nin performing a function under this Act; or\nbecause of an opportunity provided by the performance of the person’s function under this Act.\nThe person must not do any of the following (each a disclosure )—\nmake a record of the information;\nwhether directly or indirectly, divulge or communicate the information;\nuse the information to benefit any person.\nMaximum penalty—50 penalty units.\nHowever, subsection (2) does not apply if—\nthe disclosure is—\nnecessary to perform the person’s functions under this Act; or\nauthorised under an Act; or\nnecessary to perform functions under the Public Records Act 2023 ; or\notherwise required or permitted by law; or\nordered by a court, commission or tribunal constituted by law in proceedings before it; or\nin a form that does not disclose the identity of the other person; or\nthe other person is an adult and consents to the disclosure; or\nthe other person is a child and the child’s parent or guardian consents to the disclosure; or\nthe Minister considers the disclosure is in the public interest and gives the person written authorisation for the disclosure.\ns 66 amd 2023 No. 33 s 107 sch 5\n(sec.66-ssec.1) This section applies to a person who acquires information about another person (the other person )— in performing a function under this Act; or because of an opportunity provided by the performance of the person’s function under this Act.\n(sec.66-ssec.2) The person must not do any of the following (each a disclosure )— make a record of the information; whether directly or indirectly, divulge or communicate the information; use the information to benefit any person. Maximum penalty—50 penalty units.\n(sec.66-ssec.3) However, subsection (2) does not apply if— the disclosure is— necessary to perform the person’s functions under this Act; or authorised under an Act; or necessary to perform functions under the Public Records Act 2023 ; or otherwise required or permitted by law; or ordered by a court, commission or tribunal constituted by law in proceedings before it; or in a form that does not disclose the identity of the other person; or the other person is an adult and consents to the disclosure; or the other person is a child and the child’s parent or guardian consents to the disclosure; or the Minister considers the disclosure is in the public interest and gives the person written authorisation for the disclosure.\n- (a) in performing a function under this Act; or\n- (b) because of an opportunity provided by the performance of the person’s function under this Act.\n- (a) make a record of the information;\n- (b) whether directly or indirectly, divulge or communicate the information;\n- (c) use the information to benefit any person.\n- (a) the disclosure is— (i) necessary to perform the person’s functions under this Act; or (ii) authorised under an Act; or (iii) necessary to perform functions under the Public Records Act 2023 ; or (iv) otherwise required or permitted by law; or (v) ordered by a court, commission or tribunal constituted by law in proceedings before it; or (vi) in a form that does not disclose the identity of the other person; or\n- (i) necessary to perform the person’s functions under this Act; or\n- (ii) authorised under an Act; or\n- (iii) necessary to perform functions under the Public Records Act 2023 ; or\n- (iv) otherwise required or permitted by law; or\n- (v) ordered by a court, commission or tribunal constituted by law in proceedings before it; or\n- (vi) in a form that does not disclose the identity of the other person; or\n- (b) the other person is an adult and consents to the disclosure; or\n- (c) the other person is a child and the child’s parent or guardian consents to the disclosure; or\n- (d) the Minister considers the disclosure is in the public interest and gives the person written authorisation for the disclosure.\n- (i) necessary to perform the person’s functions under this Act; or\n- (ii) authorised under an Act; or\n- (iii) necessary to perform functions under the Public Records Act 2023 ; or\n- (iv) otherwise required or permitted by law; or\n- (v) ordered by a court, commission or tribunal constituted by law in proceedings before it; or\n- (vi) in a form that does not disclose the identity of the other person; or","sortOrder":113},{"sectionNumber":"sec.67","sectionType":"section","heading":"Regulation-making power","content":"### sec.67 Regulation-making power\n\nThe Governor in Council may make regulations under this Act or relating to any or all of the functions of TAFE Queensland under this Act.","sortOrder":114},{"sectionNumber":"pt.6","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":115},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Transitional provisions for Act No. 27 of 2013","content":"## Transitional provisions for Act No. 27 of 2013","sortOrder":116},{"sectionNumber":"sec.68","sectionType":"section","heading":"Appointment of TAFE Queensland’s first chief executive officer","content":"### sec.68 Appointment of TAFE Queensland’s first chief executive officer\n\nDespite section 24(2), the Minister may appoint the first chief executive officer of TAFE Queensland.\nDespite section 25, for matters not provided for under this Act or stated in the contract of employment, the first chief executive officer holds office on the terms of appointment decided by the Minister.\nThis Act applies to the first chief executive officer as if he or she had been appointed under section 24.\n(sec.68-ssec.1) Despite section 24(2), the Minister may appoint the first chief executive officer of TAFE Queensland.\n(sec.68-ssec.2) Despite section 25, for matters not provided for under this Act or stated in the contract of employment, the first chief executive officer holds office on the terms of appointment decided by the Minister.\n(sec.68-ssec.3) This Act applies to the first chief executive officer as if he or she had been appointed under section 24.","sortOrder":117},{"sectionNumber":"sec.69","sectionType":"section","heading":"TAFE Queensland’s first operational plan","content":"### sec.69 TAFE Queensland’s first operational plan\n\nDespite sections 39 to 42—\nTAFE Queensland’s first draft operational plan must be—\nfor the period starting on the commencement of this section and ending on 30 June 2014; and\ngiven to the Minister within 4 months after this section commences; and\nit is Parliament’s expectation that the Minister and TAFE Queensland should reach agreement, for the first draft operational plan, as soon as possible; and\nif the Minister and TAFE Queensland have not reached agreement within 5 months after the commencement, the first draft operational plan submitted, or last submitted, by TAFE Queensland to the Minister is taken to be its first operational plan.\n- (a) TAFE Queensland’s first draft operational plan must be— (i) for the period starting on the commencement of this section and ending on 30 June 2014; and (ii) given to the Minister within 4 months after this section commences; and\n- (i) for the period starting on the commencement of this section and ending on 30 June 2014; and\n- (ii) given to the Minister within 4 months after this section commences; and\n- (b) it is Parliament’s expectation that the Minister and TAFE Queensland should reach agreement, for the first draft operational plan, as soon as possible; and\n- (c) if the Minister and TAFE Queensland have not reached agreement within 5 months after the commencement, the first draft operational plan submitted, or last submitted, by TAFE Queensland to the Minister is taken to be its first operational plan.\n- (i) for the period starting on the commencement of this section and ending on 30 June 2014; and\n- (ii) given to the Minister within 4 months after this section commences; and","sortOrder":118},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Transitional provision for Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2019","content":"## Transitional provision for Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2019","sortOrder":119},{"sectionNumber":"sec.70","sectionType":"section","heading":"Membership of the board on commencement","content":"### sec.70 Membership of the board on commencement\n\nDespite section 12(3), if on the commencement the board does not consist of a member who is an Aboriginal person or a Torres Strait Islander the board is taken to be validly constituted.\nSubsection (1) continues to apply until the first day on which, after the commencement, a member is appointed to the board.\ns 70 ins 2019 No. 33 s 32\n(sec.70-ssec.1) Despite section 12(3), if on the commencement the board does not consist of a member who is an Aboriginal person or a Torres Strait Islander the board is taken to be validly constituted.\n(sec.70-ssec.2) Subsection (1) continues to apply until the first day on which, after the commencement, a member is appointed to the board.","sortOrder":120},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Transitional provisions for Public Sector Act 2022","content":"## Transitional provisions for Public Sector Act 2022","sortOrder":121},{"sectionNumber":"sec.71","sectionType":"section","heading":"Definition for division","content":"### sec.71 Definition for division\n\nIn this division—\nformer , for a provision of this Act, means the provision as in force immediately before the commencement.\ns 71 ins 2022 No. 34 s 363","sortOrder":122},{"sectionNumber":"sec.72","sectionType":"section","heading":"Existing work performance arrangements","content":"### sec.72 Existing work performance arrangements\n\nThis section applies to a person who, immediately before the commencement, was subject to a work performance arrangement made under former section 30.\nFrom the commencement, the work performance arrangement is taken to be a mobility arrangement.\ns 72 ins 2022 No. 34 s 363\n(sec.72-ssec.1) This section applies to a person who, immediately before the commencement, was subject to a work performance arrangement made under former section 30.\n(sec.72-ssec.2) From the commencement, the work performance arrangement is taken to be a mobility arrangement.","sortOrder":123},{"sectionNumber":"sec.73","sectionType":"section","heading":"Existing interchange arrangements","content":"### sec.73 Existing interchange arrangements\n\nThis section applies to a person who, immediately before the commencement, was subject to an interchange arrangement made under former section 31.\nFrom the commencement, the interchange arrangement is taken to be a mobility arrangement.\ns 73 ins 2022 No. 34 s 363\n(sec.73-ssec.1) This section applies to a person who, immediately before the commencement, was subject to an interchange arrangement made under former section 31.\n(sec.73-ssec.2) From the commencement, the interchange arrangement is taken to be a mobility arrangement.","sortOrder":124}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act began as a straightforward piece of legislation to establish TAFE Queensland as a single corporate body replacing a fragmented system of TAFE institutes. Over time, its scope expanded materially: the 2014 amendments introduced Part 4A creating an entirely new category of 'dual sector entities' (universities that also deliver VET), bringing additional institutions under the Act's planning and accountability framework. Amendments also refined employment provisions, updated references to the Public Sector Act 2022, and expanded criminal history requirements. The restructuring provisions in Part 4 are notably broad, essentially giving the government regulation-making power to reorganise the entire TAFE sector — a power that goes beyond merely establishing a single institution."},"complexity_factors":["Multiple interlocking parts covering corporate governance, planning, restructuring, employment, and criminal history — each with their own detailed rules","Extensive cross-references to other Queensland laws (Financial Accountability Act, Statutory Bodies Financial Arrangements Act, Public Sector Act 2022, Industrial Relations Act, Corporations Act, Land Act, VETE Act, etc.)","Detailed restructuring provisions (Part 4) with broad regulation-making powers that override other laws and instruments — creating significant delegated legislative complexity","Dual sector entity provisions (Part 4A) add a layered regime for entities (like universities) that also deliver VET, with their own operational planning rules","Provisions dealing with transfer of employees between entities during restructures, with careful preservation of entitlements referencing legacy legislation (former sections of the VETE Act)","Ministerial direction and financial viability suspension mechanisms (sections 47–48) involve multi-step conditional logic","Criminal history disqualification rules include exceptions, ministerial restoration powers, and distinctions between findings of guilt and recorded convictions","The Act has been amended multiple times (2013, 2014, 2016, 2019, 2022, 2023), creating version-tracking complexity"],"plain_english_summary":"## TAFE Queensland Act 2013 — What Does It Do?\n\nThis Queensland law creates **TAFE Queensland** as a formal government organisation (called a \"body corporate\" — meaning it can own property, sign contracts, and be taken to court, just like a company). It sets out the rules for how TAFE Queensland is structured, governed, and held accountable.\n\n### Who does it affect?\n- **Students** at TAFE Queensland campuses across the state\n- **TAFE staff** — both those transferred from the public service and those newly hired\n- **Board members** who govern TAFE Queensland\n- **Industry partners** TAFE engages with\n- **Taxpayers**, who fund TAFE's community obligations\n\n### Key things the law does:\n\n**1. Creates TAFE Queensland as a legal entity**\nTAFE Queensland officially represents the State of Queensland and enjoys government-level legal protections (called \"immunities\").\n\n**2. Sets out what TAFE Queensland must do**\nIts main job is to deliver vocational education and training (VET — think certificates and diplomas in trades, hospitality, health, etc.). It can also do research, sell products, engage with industry, and even operate commercially — but must do so on a **not-for-profit basis**.\n\n**3. Establishes a governing Board**\nA Board of 7–9 members oversees TAFE Queensland. Members are appointed by the Governor-in-Council (meaning the Premier and Cabinet). At least one member must be an Aboriginal person or Torres Strait Islander. MPs, local councillors, and the CEO are barred from serving on the Board.\n\n**4. Appoints a CEO**\nThe Board (with Ministerial approval) appoints a Chief Executive Officer to handle day-to-day management.\n\n**5. Requires annual operational plans**\nEach year, TAFE Queensland must agree a detailed plan with the Minister covering its goals, budgets, performance targets, and community service obligations (services the government pays TAFE to deliver even when not commercially viable).\n\n**6. Gives the Minister oversight powers**\nThe Minister can demand information, give directions in the \"public interest,\" and step in if TAFE Queensland's finances are at risk.\n\n**7. Manages restructuring of the TAFE sector**\nThe law provides detailed rules for transferring assets, staff, leases, student enrolments, and legal obligations between TAFE entities during restructures — protecting staff entitlements (pay, leave, superannuation) in the process.\n\n**8. Enables \"dual sector entities\"**\nUniversities or other bodies that also deliver VET (vocational training) can be formally recognised and brought under similar planning and accountability obligations.\n\n**9. Criminal history checks**\nBoth board members and staff can be subject to police criminal history checks. Existing convictions for serious crimes (called \"indictable offences\" — crimes serious enough to go before a judge and jury) can disqualify someone from serving, unless the Minister grants an exemption.\n\n### Why does it matter?\nThis law is the legal foundation for Queensland's public TAFE system — one of the largest providers of vocational training in the state. It determines how the organisation is run, who oversees it, how it plans for the future, and how it can be restructured by government."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.8(1)(g) and sec.8(2)(b)","severity":"high","reasoning":"Section 8(1)(g) mandates commercial exploitation of resources including research and knowledge. Section 8(2)(b) mandates all functions be performed on a not-for-profit basis. Commercial exploitation typically implies generating surplus revenue beyond costs — the very definition of profit-seeking activity. The tension is irresolvable on the face of the provision: you cannot simultaneously be directed to exploit resources commercially and be prohibited from making a profit from doing so.","confidence":0.85,"description":"TAFE Queensland is required to 'exploit commercially' its resources as a function, but must simultaneously perform all its functions 'on a not-for-profit basis'. Commercial exploitation is inherently profit-oriented, yet the not-for-profit constraint makes meaningful commercial exploitation logically impossible."},{"type":"self_contradicting","section":"sec.9(2) and sec.8(2)(b)","severity":"medium","reasoning":"The legislature is attempting to reconcile two fundamentally incompatible goals. A not-for-profit entity can be financially sustainable but describing that as 'commercial success' stretches the phrase beyond ordinary meaning. The drafting creates a circular interpretive difficulty: how is commercial success measured without profit as a metric?","confidence":0.78,"description":"Section 9(2) sets 'commercial success' as an objective of TAFE Queensland, subject to the not-for-profit constraint in s.8(2)(b). 'Commercial success' in standard usage connotes profitable operations. Qualifying it with a not-for-profit requirement renders the objective largely meaningless — you cannot be commercially successful in the ordinary sense if you are prohibited from making a profit."},{"type":"self_contradicting","section":"sec.22(4) and sec.22(5)","severity":"medium","reasoning":"Section 22(4) gives the board discretion to allow an interested member to remain. Section 22(5) uses mandatory language ('must not be present') with no equivalent discretion. It is unclear whether these provisions operate cumulatively (both apply at different stages) or whether s.22(5) contradicts and overrides the discretion in s.22(4). The drafting is internally inconsistent about whether the prohibition is absolute or waivable.","confidence":0.72,"description":"Section 22(4) states that unless the board otherwise decides, an interested member must not be present when the board considers the matter. Section 22(5) then separately states the member must not be present when the board is considering the decision — with no qualification allowing the board to waive this. This creates an ambiguity as to whether the board can waive the exclusion under s.22(4) but not s.22(5), or whether s.22(5) is redundant, or whether s.22(5) imposes an absolute prohibition that overrides the board's discretion in s.22(4)."},{"type":"other","section":"sec.19(2)(a)","severity":"low","reasoning":"The consent requirement is framed as a precondition to membership, not as a trigger for an investigation. A person who refuses consent is automatically disqualified, but a person who consents can still be appointed without any check ever occurring. The precondition is thus not truly about facilitating a check — it is effectively a coercive waiver requirement with no corresponding obligation.","confidence":0.65,"description":"A person cannot become a member if they do not consent to the Minister requesting a criminal history report. However, there is no express obligation on the Minister to actually request such a report, nor a timeframe. A prospective member who consents may never have their history checked, while refusal to consent is automatically disqualifying. This creates an asymmetric and potentially arbitrary gatekeeping mechanism."},{"type":"other","section":"sec.42(3)","severity":"low","reasoning":"The Act consistently uses 'TAFE Queensland' as the subject entity. Section 42(3) suddenly refers to 'the institute's operational plan' becoming operative under s.41, which refers to TAFE Queensland's plan. This is likely a copy-paste error from predecessor legislation, creating a minor but genuine ambiguity about whether the provision applies to TAFE Queensland or some other entity.","confidence":0.8,"description":"Section 42(3) refers to 'the institute's operational plan' when the entire Act refers to TAFE Queensland, not 'the institute'. This appears to be a drafting error — a remnant reference to predecessor 'institute' entities — creating an ambiguity about which entity's plan becomes operative under the interim arrangement."},{"type":"other","section":"sec.48(4)(a)","severity":"medium","reasoning":"The suspension ends when the Minister issues written advice of non-satisfaction on either limb. But the provision does not impose a timeframe on the Minister to make such a determination. In theory, a direction could remain indefinitely suspended if the Minister simply never responds. There is no default reinstatement mechanism.","confidence":0.68,"description":"Under s.48(4), TAFE Queensland's response to a direction suspends that direction until the Minister gives written advice that the Minister is 'not satisfied' that the concern is well-founded OR is 'not satisfied' that TAFE Queensland's opinion is justified. This means the direction remains suspended if the Minister is satisfied about either element — even if the Minister is fully satisfied the concern is well-founded but not satisfied the direction caused it. The logic of the suspension trigger is structured in a way that could perpetually suspend a direction without ever requiring the Minister to affirmatively lift it."},{"type":"impossible_compliance","section":"sec.34(8)","severity":"low","reasoning":"For current members and employees, criminal history information is continuously relevant to their ongoing fitness. The destruction obligation in s.34(8) conflicts with the implicit ongoing need to retain baseline information against which changes under s.36 can be assessed. The provision may create a situation where legal compliance with s.34(8) undermines compliance with the spirit of s.36.","confidence":0.6,"description":"The requesting authority must destroy a criminal history report 'as soon as practicable after it is no longer needed for the purpose for which it was requested'. However, there is no mechanism for determining when the report is 'no longer needed', and the ongoing obligations under s.36 to monitor changes in criminal history suggest the report may perpetually be 'needed', effectively making the destruction obligation unenforceable in practice."},{"type":"impossible_compliance","section":"sec.39(2) and sec.39(3)","severity":"low","reasoning":"The obligation is entirely on TAFE Queensland to submit on time, but the agreement process depends on the Minister's cooperation. Parliament's 'expectation' in s.39(3) is not legally enforceable. The asymmetric obligation structure means TAFE Queensland bears legal duty but cannot guarantee the outcome.","confidence":0.62,"description":"Section 39(2) mandates TAFE Queensland give the Minister a draft plan at least 2 months before the financial year. Section 39(3) states Parliament's 'expectation' that agreement is reached 1 month before. If the Minister delays or refuses to agree, s.42 provides a fallback. However, there is no mechanism to compel the Minister to engage with or respond to the draft within any timeframe, meaning TAFE Queensland could comply perfectly with s.39(2) yet have no agreed plan through no fault of its own, triggering the s.42 fallback indefinitely."}],"contradictions":[{"severity":"high","section_a":"sec.8(1)(g)","section_b":"sec.8(2)(b)","confidence":0.87,"description":"Section 8(1)(g) requires TAFE Queensland to 'exploit commercially' its resources including research and knowledge. Section 8(2)(b) requires all functions to be performed 'on a not-for-profit basis'. Commercial exploitation implies profit-seeking activity; not-for-profit operation prohibits distributing or generating profit. These two requirements are in direct conflict."},{"severity":"high","section_a":"sec.9(2)","section_b":"sec.8(2)(b)","confidence":0.83,"description":"Section 9(2) establishes 'commercial success' as an objective of TAFE Queensland. Section 8(2)(b) mandates not-for-profit operation. Commercial success — as ordinarily understood — is incompatible with not-for-profit constraints, creating a direct contradiction between an express objective and an express operational constraint."},{"severity":"medium","section_a":"sec.22(4)","section_b":"sec.22(5)","confidence":0.7,"description":"Section 22(4) gives the board discretion to allow an interested member to remain present during deliberation. Section 22(5) imposes an absolute prohibition on the same member being present 'when the board is considering the decision', with no equivalent board discretion. These provisions appear to conflict as to whether the board's decision can permit the member's presence."},{"severity":"medium","section_a":"sec.24(2)","section_b":"sec.27(1)","confidence":0.65,"description":"Section 24(2) requires the CEO to be appointed by the board 'with the prior written approval of the Minister'. Section 27(1) allows the board to appoint an acting CEO 'without the Minister's approval'. While s.27 is intended to create an exception, it creates an anomaly where the acting CEO — who may exercise full CEO powers — requires less scrutiny than the substantive appointee, potentially allowing a de facto permanent CEO appointment to be made through repeated acting appointments without Ministerial oversight."},{"severity":"medium","section_a":"sec.43","section_b":"sec.47(3)","confidence":0.72,"description":"Section 43 requires TAFE Queensland to comply with its operational plan. Section 47(3) requires TAFE Queensland to comply with any Ministerial direction given in the public interest. Where a Ministerial direction under s.47 conflicts with the operational plan, TAFE Queensland faces an impossible compliance situation — it cannot simultaneously comply with both. Section 48 provides a partial resolution but only addresses financial viability concerns, not all possible plan/direction conflicts."},{"severity":"low","section_a":"sec.45(2)","section_b":"sec.7(1)(a)","confidence":0.58,"description":"Section 45(2) states that requirements under Division 1 (operational plans) prevail over the FA Act to the extent of any inconsistency. However, s.7(1)(a) establishes TAFE Queensland as a statutory body under the FA Act, importing all FA Act obligations. The prevalence provision in s.45(2) may inadvertently allow operational plan provisions to override substantive financial accountability obligations, creating uncertainty about which regime governs in cases of conflict."},{"severity":"low","section_a":"sec.19(1)","section_b":"sec.19(2)(b)","confidence":0.63,"description":"Section 19(1) lists the grounds for disqualification from membership. Section 19(2)(b) provides a separate basis — absence from 3 consecutive meetings — under which a person 'cannot continue as a member'. The two subsections use different framing ('disqualified' vs 'cannot continue') with different legal consequences: s.19(1) disqualification triggers automatic termination under s.16(3), while s.19(2)(b) does not expressly link to s.16(3). This creates ambiguity about whether the s.16(3) term-ending provision applies to absences under s.19(2)(b)."}]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2592},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original purpose of establishing TAFE Queensland as a statutory body. Major additions include: (1) Part 4's comprehensive sector-wide restructuring powers allowing asset/staff transfers by regulation; (2) Part 4A (inserted 2014) creating an entire parallel regulatory regime for dual sector universities; and (3) Part 5's brand protection mechanisms and enforcement powers. The Act has effectively become a sector-wide governance framework rather than a simple establishment Act."},"complexity_factors":["Extensive cross-referencing to at least 5 other Queensland Acts (Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, Vocational Education, Training and Employment Act 1996, Public Sector Act 2022, and Corporations Act 2001)","17 defined terms in Schedule 1 (Dictionary), including technical terms like 'community service obligation' and 'VET surplus'","Nested conditional logic for board disqualifications (Section 19) with layered exceptions allowing Ministerial override for criminal convictions and insolvency","Complex restructuring provisions (Part 4, Section 50) with 17 distinct regulatory powers including land transfers, trust modifications, and succession-in-law declarations that override other legislation","Parallel governance framework for dual sector entities (Part 4A) with phased application provisions (Sections 57C, 57M, 57Q) allowing regulations to prescribe when VET-specific rules apply","Detailed procedural safeguards for financial viability directions (Sections 48 and 57S) involving multi-step suspension and revocation mechanisms","Transitional provisions spanning three separate amending Acts (2013, 2019, 2022) with conversion formulas for employment arrangements"],"plain_english_summary":"This Act creates **TAFE Queensland** as a government-owned corporation to deliver vocational education and training (VET) across the State.\n\n**Who it affects:**\n*   **Students and apprentices** enrolling in technical courses.\n*   **Industry and employers** who rely on TAFE for skilled workers and training partnerships.\n*   **Staff and board members** of TAFE Queensland, who are subject to criminal history checks and strict conflict-of-interest rules.\n*   **Universities** that also offer vocational courses (\"dual sector entities\"), which must comply with special planning and reporting rules under this Act.\n\n**What it does:**\n\n**1. Establishes the Organisation**\nTAFE Queensland is a separate legal entity (a \"statutory body corporate\") with its own common seal. It can buy property, enter contracts, and be sued. It represents the State and enjoys the same legal protections as the State government.\n\n**2. Sets the Mission**\nTAFE Queensland must provide vocational education and training, but can also conduct research, sell training products, and operate commercially—**provided it remains not-for-profit**. Its key objective is to be efficient, effective, and responsive to industry needs.\n\n**3. Creates Governance Structures**\n*   **The Board:** A governing body of 7–9 members (including at least one Aboriginal or Torres Strait Islander person) appointed by the Governor in Council. Members must have industry, education, or commercial expertise. Politicians and local councillors are banned from serving.\n*   **The CEO:** Appointed by the Board (with Ministerial approval) to handle day-to-day management.\n*   **Staff:** Employed directly by TAFE Queensland, not under the general public service rules, though staff moving between TAFE and the public service keep their employment benefits.\n\n**4. Demands Accountability**\nTAFE Queensland must submit an annual **operational plan** to the Minister setting out financial targets, performance indicators, and community service obligations (non-commercial activities the State pays for). The Minister can demand information and issue binding directions in the **public interest**, though TAFE Queensland can trigger a suspension of those directions if they threaten its financial survival.\n\n**5. Allows Restructuring**\nThe Act contains powerful \"restructuring\" mechanisms (Part 4) that let the government transfer assets, staff, liabilities, and student enrolments between TAFE Queensland and other TAFE institutes by regulation—effectively allowing mergers or splits without needing new Acts of Parliament each time. Employee rights are protected during these transfers.\n\n**6. Regulates \"Dual Sector\" Universities**\nUniversities that also deliver VET (e.g., CQUniversity) can be declared \"dual sector entities.\" They must submit separate operational plans and quarterly reports for their VET operations and pay an annual return (surplus) to the State.\n\n**7. Protects the Brand**\nIt is illegal for unauthorised organisations to use the terms **\"TAFE\"** or **\"technical and further education\"** in a way that suggests they are an official provider. The Minister can approve exceptions and seek court injunctions to stop misuse."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/tafe-queensland-act-2013","history":"/api/acts/tafe-queensland-act-2013/history","analysis":"/api/acts/tafe-queensland-act-2013/analysis","conflicts":"/api/acts/tafe-queensland-act-2013/conflicts","importantCases":"/api/acts/tafe-queensland-act-2013/important-cases","documents":"/api/acts/tafe-queensland-act-2013/documents"}}