{"id":"tas:sr-2014-041","name":"TasTAFE By-laws 2014","slug":"tastafe-by-laws-2014","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"41 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":187540,"registerId":"tas-tas:sr-2014-041-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These by-laws may be cited as the [TasTAFE By-laws 2014](/view/html/inforce/2026-04-12/sr-2014-041) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These by-laws take effect on the day on which their making is notified in the *Gazette*.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these by-laws –\n> \n> > ***authorised person*** means –\n> > \n> > > > (a) a person appointed as an authorised person under [clause 4(1)](#GS4@Gs1@EN) ; and\n> > > \n> > > > (b) a person of a class determined under [clause 4(2)](#GS4@Gs2@EN) ;\n> \n> > ***Board*** means the Board of Directors of TasTAFE appointed under [section 60 of the](/view/html/inforce/2026-04-12/act-2013-009#GS60@EN) [Training and Workforce Development Act 2013](/view/html/inforce/2026-04-12/act-2013-009) ;\n> \n> > ***chief executive officer*** means the TasTAFE chief executive officer appointed under [section 66 of the](/view/html/inforce/2026-04-12/act-2013-009#GS66@EN) [Training and Workforce Development Act 2013](/view/html/inforce/2026-04-12/act-2013-009) ;\n> \n> > ***controlled substance*** has the same meaning as in [section 3 of the](/view/html/inforce/2026-04-12/act-2001-094#GS3@EN) [Misuse of Drugs Act 2001](/view/html/inforce/2026-04-12/act-2001-094) ;\n> \n> > ***dangerous article*** has the same meaning as in [section 3 of the](/view/html/inforce/2026-04-12/act-1935-044#GS3@EN) [Police Offences Act 1935](/view/html/inforce/2026-04-12/act-1935-044) ;\n> \n> > ***disciplinary sanction*** means any sanction imposed under [clause 23](#GS23@EN) or [24](#GS24@EN) ;\n> \n> > ***firearm*** has the same meaning as in [section 3 of the](/view/html/inforce/2026-04-12/act-1996-023#GS3@EN) [Firearms Act 1996](/view/html/inforce/2026-04-12/act-1996-023) ;\n> \n> > ***possession*** includes custody or control;\n> \n> > ***TasTAFE campus*** means any campus that is used by TasTAFE to provide education or training services, whether or not that campus is shared with the Department of Education;\n> \n> > ***TasTAFE property*** includes –\n> > \n> > > > (a) any real property under the control of TasTAFE; and\n> > > \n> > > > (b) any facility owned or managed by TasTAFE; and\n> > > \n> > > > (c) any plant or equipment under the control of, or owned, managed, used or maintained by, TasTAFE; and\n> > > \n> > > > (d) any information, network, system, database or technology used, managed or maintained by TasTAFE;\n> \n> > ***vehicle*** includes –\n> > \n> > > > (a) a vehicle as defined in section 3 of the [Traffic Act 1925](/view/html/inforce/2026-04-12/act-1925-038) ; and\n> > > \n> > > > (b) a skateboard; and\n> > > \n> > > > (c) inline skates; and\n> > > \n> > > > (d) roller skates.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Authorised persons","content":"### 4 Authorised persons\n\n> > (1)  The chief executive officer may appoint, by instrument of appointment, a person as an authorised person for the purposes of these by-laws.\n> \n> > (2)  The chief executive officer may determine, in writing, a class of persons to be authorised persons for the purposes of these by-laws.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Student Organisations","content":"# Part 2 Student Organisations","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Purposes of student organisations","content":"### 5 Purposes of student organisations\n\n> A student organisation may be formed for any one or more of the following purposes:\n> \n> > > (a) to further the common interests of students;\n> > \n> > > (b) to facilitate communication between students in relation to matters of common interest;\n> > \n> > > (c) to provide extracurricular activities for the general wellbeing of students;\n> > \n> > > (d) to provide representation for students in their dealings with TasTAFE;\n> > \n> > > (e) to facilitate communication between students and TasTAFE;\n> > \n> > > (f) to conduct or manage any activity of an educational, cultural, sporting, welfare or recreational nature for the benefit of students –\n> \n> and may, in addition, have as one of its purposes the purpose of cooperating with any other body or organisation formed for purposes that are similar to the purposes for which the student organisation is formed.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Membership of student organisations","content":"### 6 Membership of student organisations\n\n> Any student, other than a student who is an employee, or officer, of TasTAFE, is eligible to be a member of a student organisation.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Operation of student organisations","content":"### 7 Operation of student organisations\n\n> > (1)  A student organisation is to operate in accordance with the constitution of that organisation.\n> \n> > (2)  Before a student organisation begins to operate, the organisation is to forward its proposed constitution to the Board for approval.\n> \n> > (3)  The Board may –\n> > \n> > > > (a) approve the constitution; or\n> > > \n> > > > (b) approve the constitution subject to any alteration the Board thinks fit.\n> \n> > (4)  A student organisation is to submit any proposed alteration to its constitution to the Board for approval.\n> \n> > (5)  The Board may –\n> > \n> > > > (a) approve the proposed alteration; or\n> > > \n> > > > (b) approve the proposed alteration subject to any further alteration the Board thinks fit.\n> \n> > (6)  Any provision of a constitution that has not been approved by the Board is of no effect.","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Control of Vehicles","content":"# Part 3 Control of Vehicles","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Conditions relating to vehicles","content":"### 8 Conditions relating to vehicles\n\n> The Board or chief executive officer may determine the conditions under which vehicles may be driven or parked on, or removed from, a TasTAFE campus.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Notice relating to vehicles","content":"### 9 Notice relating to vehicles\n\n> > (1)  The Board or chief executive officer may cause to be displayed on a TasTAFE campus a notice specifying conditions determined under [clause 8](#GS8@EN) relating to the driving, parking or removal of a vehicle on or from a TasTAFE campus.\n> \n> > (2)  A person must comply with a notice displayed under [subclause (1)](#GS9@Gs1@EN) .\n> \n> > (3)  A person who fails to comply with [subclause (2)](#GS9@Gs2@EN) commits a disciplinary offence.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Directions relating to vehicles","content":"### 10 Directions relating to vehicles\n\n> > (1)  An authorised person may give a direction to the person in charge of a vehicle relating to the driving, parking or removal of that vehicle on or from a TasTAFE campus.\n> \n> > (2)  A person must comply with a direction given to the person under [subclause (1)](#GS10@Gs1@EN) .\n> \n> > (3)  A person who fails to comply with [subclause (2)](#GS10@Gs2@EN) commits a disciplinary offence.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Maximum speed limits","content":"### 11 Maximum speed limits\n\n> > (1)  The Board or chief executive officer may –\n> > \n> > > > (a) determine the maximum speed at which vehicles may be driven on a TasTAFE campus; and\n> > > \n> > > > (b) cause to have erected on the campus a sign specifying that maximum speed.\n> \n> > (2)  A person must not drive a vehicle on a TasTAFE campus at a speed in excess of the maximum speed determined for that campus and specified on a sign erected under [subclause (1)](#GS11@Gs1@EN) .\n> \n> > (3)  A person who fails to comply with [subclause (2)](#GS11@Gs2@EN) commits a disciplinary offence.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Requirement to consult for shared campuses","content":"### 12 Requirement to consult for shared campuses\n\n> The Board or chief executive officer is not to make a determination under these by-laws, or take any other action under this Part, in respect of a campus that is shared by TasTAFE with the Department of Education, unless the Board or chief executive officer has first consulted with the Secretary of that Department.","sortOrder":14},{"sectionNumber":"Part 4","sectionType":"part","heading":"Conduct","content":"# Part 4 Conduct","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"General conduct","content":"### 13 General conduct\n\n> > (1)  In this clause –\n> > \n> > > ***assistance animal*** has the same meaning as in the *Disability Discrimination Act 1992* of the Commonwealth;\n> > \n> > > ***guide dog*** has the same meaning as in the [Guide Dogs and Hearing Dogs Act 1967](/view/html/inforce/2026-04-12/act-1967-042) .\n> \n> > (2)  Unless permission has been granted by an authorised person, a person on a TasTAFE campus must not –\n> > \n> > > > (a) hold a public meeting; or\n> > > \n> > > > (b) have possession of any alcoholic liquor or controlled substance; or\n> > > \n> > > > (c) have possession of any dangerous article, offensive weapon or firearm; or\n> > > \n> > > > (d) conduct or advertise any business for private gain; or\n> > > \n> > > > (e) have possession of any animal, other than an assistance animal or a guide dog.\n> \n> > (3)  [*\\[Clause 13 Subclause (3) amended by No. 17 of 1996, Applied:22 May 2014\\]*](/view/html/inforce/2014-05-22/act-1996-017#AT@EN) A person who fails to comply with [subclause (2)](#GS13@Gs2@EN) commits a disciplinary offence.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Conduct in relation to assessment","content":"### 14 Conduct in relation to assessment\n\n> > (1)  A person must not act dishonestly in relation to –\n> > \n> > > > (a) any examination, assessment or test conducted by TasTAFE; or\n> > > \n> > > > (b) any thesis, report or other work undertaken by a student.\n> \n> > (2)  A person who fails to comply with [subclause (1)](#GS14@Gs1@EN) commits a disciplinary offence.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Conduct in relation to property","content":"### 15 Conduct in relation to property\n\n> > (1)  A person must not unlawfully destroy or injure any TasTAFE property.\n> \n> > (2)  A person who fails to comply with [subclause (1)](#GS15@Gs1@EN) commits a disciplinary offence.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Notice relating to conduct","content":"### 16 Notice relating to conduct\n\n> > (1)  The Board may cause to be displayed a notice on a TasTAFE campus specifying appropriate, or inappropriate, conduct in relation to any TasTAFE property.\n> \n> > (2)  A person must comply with a notice displayed under [subclause (1)](#GS16@Gs1@EN) .\n> \n> > (3)  A person who fails to comply with [subclause (2)](#GS16@Gs2@EN) commits a disciplinary offence.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Obstructive conduct","content":"### 17 Obstructive conduct\n\n> > (1)  A person on a TasTAFE campus must not –\n> > \n> > > > (a) hinder or obstruct an employee, or officer, of TasTAFE who is carrying out his or her duties; or\n> > > \n> > > > (b) hinder or obstruct any other person who is carrying out any lawful activity.\n> \n> > (2)  A person must not –\n> > \n> > > > (a) hinder or obstruct an employee, or officer, of TasTAFE who is carrying out his or her duties on a TasTAFE campus; or\n> > > \n> > > > (b) hinder or obstruct any other person who is carrying out any lawful activity on a TasTAFE campus.\n> \n> > (3)  A person who fails to comply with [subclause (1)](#GS17@Gs1@EN) or [(2)](#GS17@Gs2@EN) commits a disciplinary offence.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Disorderly conduct","content":"### 18 Disorderly conduct\n\n> > (1)  A person on a TasTAFE campus must not –\n> > \n> > > > (a) behave in a disorderly manner; or\n> > > \n> > > > (b) behave in a manner that threatens his or her own safety or the safety of any other person.\n> \n> > (2)  A person who fails to comply with [subclause (1)](#GS18@Gs1@EN) commits a disciplinary offence.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Closure of TasTAFE campus","content":"### 19 Closure of TasTAFE campus\n\n> The chief executive officer or an authorised person may close all or part of a TasTAFE campus –\n> \n> > > (a) if the officer or authorised person is of the opinion that any person in or on that TasTAFE campus is behaving or is likely to behave –\n> > > \n> > > > > (i) in a disorderly manner; or\n> > > > \n> > > > > (ii) in a manner that threatens his or her own safety or the safety of any other person; or\n> > \n> > > (b) for any other purpose.","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Notice relating to closure","content":"### 20 Notice relating to closure\n\n> > (1)  If a TasTAFE campus or part of a TasTAFE campus has been closed in accordance with [clause 19](#GS19@EN) , the chief executive officer or an authorised person is to cause to be displayed, in a prominent position on the campus, a notice specifying –\n> > \n> > > > (a) that the TasTAFE campus, or part of the TasTAFE campus, has been closed; and\n> > > \n> > > > (b) the period of the closure; and\n> > > \n> > > > (c) the class of persons to whom the TasTAFE campus, or part of the TasTAFE campus, has been closed.\n> \n> > (2)  A person of the class of persons to whom a TasTAFE campus, or part of a TasTAFE campus, has been closed must not enter or remain on that TasTAFE campus or that part of that TasTAFE campus.\n> > \n> > Penalty:  Fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.\n> \n> > (3)  If directed to do so by the chief executive officer or an authorised person, a person of the class of persons to whom a TasTAFE campus or part of a TasTAFE campus has been closed must immediately leave that campus or that part of that campus.\n> > \n> > Penalty:  Fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Person may be directed to leave TasTAFE campus","content":"### 21 Person may be directed to leave TasTAFE campus\n\n> > (1)  The chief executive officer or an authorised person may direct any person to leave a TasTAFE campus, or part of a TasTAFE campus, if –\n> > \n> > > > (a) that person fails to comply with any of these by-laws, or the chief executive officer or authorised person has reasonable grounds for believing that the person is likely to contravene any of these by-laws; or\n> > > \n> > > > (b) the chief executive officer or authorised person has reasonable grounds for believing that the presence or behaviour of that person is likely to be detrimental to –\n> > > > \n> > > > > > (i) another person on the TasTAFE campus; or\n> > > > > \n> > > > > > (ii) any TasTAFE property; or\n> > > \n> > > > (c) the chief executive officer or authorised person has reasonable grounds for believing that the person has used, or is likely to use, any TasTAFE property in a way that the chief executive officer or authorised person believes is inappropriate; or\n> > > \n> > > > (d) the person fails to comply with an instruction or direction by the chief executive officer, an authorised person, or a teacher employed or engaged for the purposes of TasTAFE.\n> \n> > (2)  A person to whom a direction has been given under [subclause (1)](#GS21@Gs1@EN) must comply immediately with the direction.\n> > \n> > Penalty:  Fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.","sortOrder":24},{"sectionNumber":"Part 5","sectionType":"part","heading":"Discipline","content":"# Part 5 Discipline","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Disciplinary hearings","content":"### 22 Disciplinary hearings\n\n> > (1)  A person who has reasonable grounds for believing a student has committed, or is committing, a disciplinary offence under these by-laws may report the matter to the chief executive officer.\n> \n> > (2)  The chief executive officer or an authorised person, other than the person who reported the matter under [subclause (1)](#GS22@Gs1@EN) , may hear and determine any matter relating to a disciplinary offence under these by-laws.\n> \n> > (3)  An offence under [clause 20](#GS20@EN) or [21](#GS21@EN) is not a disciplinary offence under these by-laws.","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Disciplinary sanctions","content":"### 23 Disciplinary sanctions\n\n> > (1)  If, upon hearing a matter under [clause 22(2)](#GS22@Gs2@EN) , the chief executive officer determines that a student has committed a disciplinary offence under these by-laws, the chief executive officer may impose one or more of the following disciplinary sanctions on the student:\n> > \n> > > > (a) suspension of the student's privileges;\n> > > \n> > > > (b) withholding of the student's results;\n> > > \n> > > > (c) deferral of the issue of an award to the student;\n> > > \n> > > > (d) suspension of the student for a period for not more than one year;\n> > > \n> > > > (e) expulsion of the student;\n> > > \n> > > > (f) refusal to re-enrol the student.\n> \n> > (2)  As soon as practicable after imposing a disciplinary sanction, the chief executive officer is to give notice of the sanction, in writing, to the student to whom it applies.\n> \n> > (3)  If, upon hearing a matter under [clause 22(2)](#GS22@Gs2@EN) , an authorised person determines that a student has committed a disciplinary offence under these by-laws, the authorised person may recommend to the chief executive officer that the chief executive officer impose any one or more of the disciplinary sanctions specified in [subclause (1)](#GS23@Gs1@EN) .\n> \n> > (4)  If the chief executive officer accepts the recommendation of the authorised person made under [subclause (3)](#GS23@Gs3@EN) , the chief executive officer is to impose the recommended disciplinary sanction and give notice of the sanction, in writing, to the student to whom it applies.","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Disciplinary sanctions due to criminal or civil action","content":"### 24 Disciplinary sanctions due to criminal or civil action\n\n> > (1)  In this clause –\n> > \n> > > ***criminal or civil action***, in respect of a student, means criminal or civil action that the chief executive officer has reason to believe directly or indirectly involves –\n> > > \n> > > > > (a) TasTAFE; or\n> > > > \n> > > > > (b) TasTAFE property; or\n> > > > \n> > > > > (c) another student at TasTAFE; or\n> > > > \n> > > > > (d) a person employed or engaged for the purposes of TasTAFE; or\n> > > > \n> > > > > (e) the spouse, or the partner within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) , of a person referred to in [paragraph (c)](#GS24@Gs1@Nd3092013395315@Hpc@EN) or [(d)](#GS24@Gs1@Nd3092013395315@Hpd@EN) ; or\n> > > > \n> > > > > (f) a child within the meaning of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) , of a person referred to in [paragraph (c)](#GS24@Gs1@Nd3092013395315@Hpc@EN) , [(d)](#GS24@Gs1@Nd3092013395315@Hpd@EN) or [(e)](#GS24@Gs1@Nd3092013395315@Hpe@EN) .\n> \n> > (2)  The chief executive officer may impose one or more of the following disciplinary sanctions in respect of a student, if an incident is reported to the chief executive officer that has resulted in, or may result in, a criminal or civil action being instituted against the student:\n> > \n> > > > (a) suspension of the student's privileges;\n> > > \n> > > > (b) deferral of the issue of an award to the student;\n> > > \n> > > > (c) suspension of the student for a period not exceeding one year;\n> > > \n> > > > (d) refusal to re-enrol the student.\n> \n> > (3)  A disciplinary sanction may only be imposed under [subclause (2)](#GS24@Gs2@EN) within the relevant period.\n> \n> > (4)  For the purposes of [subclause (3)](#GS24@Gs3@EN) , the relevant period is –\n> > \n> > > > (a) if no criminal or civil action is commenced within 12 months after the day on which the incident is reported to the chief executive officer, 24 months after the day of that report; or\n> > > \n> > > > (b) if a criminal or civil action is commenced within 12 months after the day on which the incident is reported to the chief executive officer, the day on which that action is resolved.\n> \n> > (5)  The chief executive officer may remove a disciplinary sanction imposed under [subclause (2)](#GS24@Gs2@EN) if at any time the chief executive officer considers that the criminal or civil action that has resulted, or may result, from the incident no longer involves, directly or indirectly, any of the organisations, property or persons listed in [subclause (1)](#GS24@Gs1@EN) .\n> \n> > (6)  The chief executive officer, as soon as practicable after any disciplinary sanction is imposed under [subclause (2)](#GS24@Gs2@EN) or removed under [subclause (5)](#GS24@Gs5@EN) , is to give to the student to whom the imposition or removal applies notice in writing of the imposition or removal of the disciplinary sanction.\n> \n> > (7)  The imposition of a disciplinary sanction under this clause in relation to an incident does not prevent any further disciplinary sanction from being imposed under [clause 23](#GS23@EN) in respect of that incident.","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Appeal against disciplinary sanction","content":"### 25 Appeal against disciplinary sanction\n\n> > (1)  A student may appeal to the Board against the imposition of a disciplinary sanction in relation to the student within 21 days of receiving notification of the imposition of that sanction.\n> \n> > (2)  On hearing an appeal, the Board may –\n> > \n> > > > (a) uphold the appeal and revoke the imposition of any disciplinary sanction; or\n> > > \n> > > > (b) dismiss the appeal and confirm the imposition of the sanction; or\n> > > \n> > > > (c) uphold the appeal and substitute any other disciplinary sanction.","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Procedure for appeals","content":"### 26 Procedure for appeals\n\n> The Board is to establish procedures for the hearing and determination of appeals.","sortOrder":30},{"sectionNumber":"27","sectionType":"section","heading":"Issue of award may be deferred","content":"### 27 Issue of award may be deferred\n\n> > (1)  If proceedings for an offence under [clause 20](#GS20@EN) or [21](#GS21@EN) have commenced in relation to a student who has qualified for an award from TasTAFE, the issue of the award may be deferred until after the proceedings are completed.\n> \n> > (2)  The Board may determine any other circumstances in which the issue of an award to a student may be deferred.\n> \n> > (3)  The Board is to cause to be displayed a notice specifying any determination made under [subclause (2)](#GS27@Gs2@EN) .\n> \n> > (4)  The issue of an award to a student may be deferred in the circumstances specified in a notice displayed under [subclause (3)](#GS27@Gs3@EN) .","sortOrder":31},{"sectionNumber":"28","sectionType":"section","heading":"Power to refuse enrolment","content":"### 28 Power to refuse enrolment\n\n> The chief executive officer may refuse to re-enrol a student if the student has a debt owing to TasTAFE.","sortOrder":32},{"sectionNumber":"29","sectionType":"section","heading":"Transitional matters","content":"### 29 Transitional matters\n\n> > (1)  In this by-law –\n> > \n> > > ***commencement day*** means the day on which these by-laws take effect;\n> > \n> > > ***former by-laws*** means the [Education and Training (Tasmanian Skills Institute) By-laws 2010](/view/html/inforce/2026-04-12/sr-2010-022) continued in force under [section 11 of the](/view/html/inforce/2026-04-12/act-2013-010#GS11@EN) [Training and Workforce Development (Transitional Provisions) Act 2013](/view/html/inforce/2026-04-12/act-2013-010) ;\n> > \n> > > ***repeal day*** means the day on which the former by-laws ceased to be in effect.\n> \n> > (2)  An appointment, of a person to be an authorised person, that was in effect under the former by-laws immediately before the repeal day, is taken to be, on or after the commencement day, an appointment of an authorised person under these by-laws.\n> \n> > (3)  An approval of the constitution of a student organisation, or of an alteration of such a constitution, that is an approval that is in effect immediately before the repeal day is to be taken to be, on or after the commencement day, an approval of such a constitution, or of an alteration of such a constitution, respectively, given under these by-laws.\n> \n> > (4)  A determination or decision, of the Board or the chief executive officer, that is in effect under the former by-laws immediately before the repeal day, is taken to be, on or after the commencement day, a determination or decision of the Board or the chief executive officer, respectively, under these by-laws.\n> \n> > (5)  If –\n> > \n> > > > (a) a permission is granted, a direction is given, or another decision is made, under the former by-laws by a person who was an authorised officer under the former by-laws; and\n> > > \n> > > > (b) the permission, direction or other decision is in effect immediately before the repeal day –\n> > \n> > the permission, direction or other decision is taken to be, on or after the commencement day, made under these by-laws by the person as an authorised officer.\n> \n> > (6)  A notice that is, immediately before the repeal day, being displayed under the former by-laws and that, after the commencement day, to be displayed is to be taken to be a notice being displayed under these by-laws.\n> \n> > (7)  A disciplinary sanction that is imposed on a student under the former by-laws and that is in effect immediately before the repeal day is taken to be, on or after the commencement day, imposed under these by-laws.\n> \n> > (8)  The deferral of an award, under the former by-laws, that is a deferral that was in effect immediately before the repeal day is taken to be, on or after the commencement day, a deferral of the award under these by-laws.\n> \n> > (9)  If a disciplinary offence is committed by a student against a provision (the ***former provision***) of the former by-laws before the repeal day and before the repeal day – \n> > \n> > > > (a) proceedings to impose a disciplinary sanction in relation to the offence had commenced, but had not been determined or withdrawn, the proceedings continue under these by-laws as if the former provision were a provision of these by-laws; or\n> > > \n> > > > (b) proceedings to impose a disciplinary sanction in relation to the offence had not commenced, proceedings may be taken under these by-laws in relation to the offence as if the former provision were a provision of these by-laws.\n> \n> > (10)  Nothing in this by-law is to be taken to limit the operation of [section 16 of the](/view/html/inforce/2026-04-12/act-1931-059#GS16@EN) [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) except in relation to a matter specifically provided for in this by-law.\n\nThese by-laws were made by Board of Directors of TasTAFE at a meeting held on 11 February 2014.\n\nThe common seal of Board of Directors of TasTAFE was affixed on 11 February 2014, in the presence of –\n\nKathryn Thoms\n\nChairperson\n\nMichelle Swallow\n\nDirector\n\nNeville Smith\n\nDirector\n\nRobert Gozzi\n\nDirector\n\nMichael Brough\n\nDirector\n\nNick Burrows\n\nDirector\n\nChristine Mucha\n\nDirector\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 26 February 2014\n\nThese by-laws are administered by TasTAFE.","sortOrder":33}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The by-laws largely continue and consolidate existing campus governance rules. Clause 29 explicitly preserves appointments, constitution approvals, determinations, displayed notices and ongoing disciplinary sanctions from the former by‑laws, so there is no evident expansion of the classes of persons regulated. The instrument maintains powers over conduct, vehicles, student organisations and discipline vested in the Board and chief executive officer, rather than broadening scope to new categories."},"complexity_factors":["Delegated discretionary powers to the Board, chief executive officer and ‘authorised persons’ (clauses 4, 8–11, 19, 21, 23–24) increasing decision‑making latitude.","Cross‑references to multiple external Acts for definitions (Misuse of Drugs Act, Firearms Act, Police Offences Act, Disability Discrimination Act, Guide Dogs Act) requiring cross‑statutory interpretation (clause 3).","Procedural layers for discipline and appeals: reporting, hearings, sanctions, written notices and 21‑day appeal window to the Board (clauses 22–26).","Transitional provisions preserving previous appointments, approvals, notices and proceedings (clause 29) which require checking legacy instruments.","Multiple enforcement routes: notices, directions, campus closure, fines (penalty units), deferred awards and refusal to re‑enrol (clauses 9–11, 20–21, 23–24, 28).","Requirement to consult the Department of Education where campuses are shared (clause 12) adds an interagency step."],"plain_english_summary":"These by-laws set rules for behaviour, vehicle use, student organisations and discipline on TasTAFE campuses. They give the Board, the chief executive officer and authorised persons power to approve student organisation constitutions, post and enforce notices, close campuses, direct people to leave, and impose sanctions (including suspension, expulsion, deferred awards and fines). Students, staff and visitors must follow posted conditions and directions; non‑compliance can trigger disciplinary proceedings, monetary penalties or limits on enrolment and awards."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The by-laws appear consistent with their original purpose as institutional governance rules for a vocational education provider. The scope covers student organisations, campus management, conduct, and discipline — standard areas for educational institution by-laws. The 2014 version replaced the 2010 Tasmanian Skills Institute by-laws following the creation of TasTAFE under the Training and Workforce Development Act 2013, but the substantive scope remains appropriate for a TAFE institution's regulatory needs."},"complexity_factors":["11 defined terms in the interpretation section, several incorporating definitions from other Tasmanian Acts (Misuse of Drugs Act 2001, Police Offences Act 1935, Firearms Act 1996, Traffic Act 1925)","Cross-referencing between clauses (e.g., disciplinary sanctions in clauses 23-24 reference each other)","Nested conditional logic in clause 24 regarding time limits for sanctions related to criminal/civil actions (24(3)-(4))","Dual pathways for imposing sanctions: CEO directly (clause 23) vs. authorised person recommending to CEO (clause 23(3))","Transitional provisions (clause 29) with 10 subclauses preserving various statuses from repealed by-laws","Distinction between disciplinary offences (internal) and offences with monetary penalties (clauses 20-21), with clause 22(3) explicitly excluding the latter from the disciplinary process","Multiple overlapping conduct prohibitions with slight variations (e.g., clause 17 has two subclauses covering similar obstructive conduct with different territorial scopes)"],"plain_english_summary":"**What this is:** These are the internal rules (by-laws) that govern how TasTAFE — Tasmania's public vocational education and training provider — operates its campuses and manages student behaviour.\n\n**Who it affects:**\n- **Students** — anyone enrolled in courses at TasTAFE\n- **Staff** — employees and officers of TasTAFE\n- **Visitors** — anyone else who comes onto TasTAFE property\n\n**What it does:**\n\n**1. Sets up student organisations**\n- Students can form clubs or societies to represent their interests, run social activities, and communicate with TasTAFE management\n- These groups need a constitution (a formal set of rules) that must be approved by the TasTAFE Board\n- TasTAFE employees can't be members of these student organisations\n\n**2. Controls vehicles on campus**\n- The Board or CEO can set speed limits, parking rules, and driving conditions\n- Authorised staff can give directions about where to park or drive\n- Breaking these rules is a \"disciplinary offence\" (a breach that can get students in trouble)\n- On shared campuses with the Department of Education, TasTAFE must consult first\n\n**3. Regulates conduct and behaviour**\n- **Banned without permission:** public meetings, alcohol, drugs, weapons, firearms, running private businesses, and animals (except guide dogs and assistance animals for people with disabilities)\n- **Academic misconduct:** cheating in exams or assessments is prohibited\n- **Property damage:** destroying or damaging TasTAFE property is banned\n- **Disruption:** you can't obstruct staff or other people going about lawful activities\n- **Safety:** disorderly behaviour or actions that threaten safety are prohibited\n\n**4. Gives power to close campuses and remove people**\n- The CEO or authorised staff can close campuses or parts of them if they believe someone's behaving dangerously or disorderly\n- They can also direct specific people to leave campus if they're breaking rules, likely to break rules, or their presence is harmful to others or property\n- **Penalties apply:** fines up to 20 penalty units (roughly $3,000-$4,000 depending on current rates) plus daily fines for continuing offences\n\n**5. Establishes a discipline system**\n- **Disciplinary offences:** Most rule-breaking is handled internally as a \"disciplinary offence\" (not a criminal matter)\n- **Hearings:** The CEO or authorised person hears the case (but not the person who reported it)\n- **Sanctions:** If found responsible, students can face:\n  - Suspension of privileges (like library or computer access)\n  - Withholding results or deferring awards (certificates/diplomas)\n  - Suspension from study for up to a year\n  - Expulsion\n  - Refusal to re-enrol\n- **Criminal matters:** If a student faces criminal or civil court action involving TasTAFE, staff, or other students, the CEO can impose interim sanctions while the case proceeds\n- **Appeals:** Students can appeal to the Board within 21 days\n\n**6. Handles the transition from old rules**\n- These by-laws replaced earlier rules from 2010\n- Existing approvals, appointments, disciplinary actions, and notices continue under the new rules\n\n**Why it matters:** These rules create a safe, orderly learning environment while giving students rights to organise and appeal decisions. They balance educational needs with security concerns, and provide clear consequences for misconduct without immediately involving police or courts for most issues."},"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"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to assess whether the scope of the legislation changed from its original intent. The extract contains only administrative metadata (dates, responsible minister, amendment table reference) and no substantive provisions."},"complexity_factors":["Only metadata was provided — no substantive legislative content is present in this extract","By-laws (subordinate legislation made under a parent Act) can vary widely in complexity, but cannot be assessed here","The existence of amendments adds a layer of complexity but the nature of those amendments is unknown","Score reflects the simplicity of what was actually provided, not the underlying legislation"],"plain_english_summary":"This document is the metadata page for the TasTAFE By‑laws 2014 — the internal rules governing Tasmania’s public vocational education provider — showing the instrument has been in force since 22 May 2014, was amended (table of amendments present) and the file was last modified 24 July 2018. \n\nIt would typically affect TasTAFE students, staff and the organisation’s operations, but the substantive by‑laws (conduct, fees, enrolment, governance) are not included here, so no detailed analysis is possible."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/tastafe-by-laws-2014","history":"/api/acts/tastafe-by-laws-2014/history","analysis":"/api/acts/tastafe-by-laws-2014/analysis","conflicts":"/api/acts/tastafe-by-laws-2014/conflicts","importantCases":"/api/acts/tastafe-by-laws-2014/important-cases","documents":"/api/acts/tastafe-by-laws-2014/documents"}}