{"id":"nsw:act-1990-118","name":"Technical and Further Education Commission Act 1990","slug":"technical-and-further-education-commission-act-1990","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"118 of 1990","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106592,"registerId":"nsw-act-1990-118-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Technical and Further Education Commission Act 1990](/view/html/inforce/current/act-1990-118).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > Managing Director means the Managing Director of the TAFE Commission.\n> > \n> > member of staff or staff member means a member of staff of the TAFE Commission employed under section 15.\n> > \n> > TAFE Commission means the Technical and Further Education Commission constituted by this Act.\n> > \n> > TAFE Commission Board means the TAFE Commission Board established under this Act.\n> > \n> > TAFE establishment means an institution providing technical and further education, being an institution established and maintained by the TAFE Commission.\n> > \n> > technical and further education includes—\n> > \n> > > (a) basic and pre-vocational education, and\n> > \n> > > (b) vocational education and training.\n> \n> > (2) In this Act—\n> > \n> > > (a) a reference to a function includes a reference to a power, authority and duty, and\n> > \n> > > (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.\n> \n> > (3) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 1993 No 108, Sch 1; 2006 No 24, Sch 1.2 \\[1\\] \\[2\\]; 2011 No 53, Sch 1 \\[1\\] \\[2\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Constitution of the Technical and Further Education Commission","content":"# Part 2 Constitution of the Technical and Further Education Commission\n\nPart 2 Constitution of the Technical and Further Education Commission","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Constitution of the TAFE Commission","content":"#### 4 Constitution of the TAFE Commission\n\n4 Constitution of the TAFE Commission\n\n> > (1) There is constituted by this Act a body corporate with the corporate name of the Technical and Further Education Commission.\n> \n> > (2) The Technical and Further Education Commission may use, and act under, the name TAFE Commission.\n> \n> > (3) A reference to the TAFE Commission in any Act, in any instrument made under any Act or in any document of any kind is a reference to the Technical and Further Education Commission constituted by this Act.\n> \n> > (4) The TAFE Commission is, for the purposes of any Act, a statutory body representing the Crown.","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Functions and objectives of the TAFE Commission","content":"# Part 3 Functions and objectives of the TAFE Commission\n\nPart 3 Functions and objectives of the TAFE Commission","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Functions","content":"#### 5 Functions\n\n5 Functions\n\n> > (1) The principal function of the TAFE Commission is to provide technical and further education services.\n> \n> > (2) The TAFE Commission has such other functions as are conferred or imposed on it by or under this or any other Act.\n> \n> > (3) (Repealed)\n> \n> **s 5:** Am 2006 No 2, Sch 4.72 \\[1\\]; 2011 No 53, Sch 1 \\[3\\].","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Objectives","content":"#### 6 Objectives\n\n6 Objectives\n\n> > (1) In exercising its functions, the TAFE Commission must—\n> > \n> > > (a) ensure that it provides technical and further education services to meet the needs of individuals and the skill needs of the workforce and, in particular, ensure that it provides basic and pre-vocational education as well as vocational education and training, and\n> > \n> > > (b) provide adults and young persons with a range of technical and further education services that recognise the changing nature of the working environment and the need for new skills and re-training, and\n> > \n> > > (c) provide, through formal arrangements and after consultation, technical and further education services that are relevant to the needs of industry, business, students and other client groups, and\n> > \n> > > (d) provide students with the maximum opportunity for progression by the linking or other articulation of courses and programs provided by the TAFE Commission and between those courses and programs and those provided by other education and training providers, and\n> > \n> > > (e) provide educationally or vocationally disadvantaged groups (such as women, Aborigines, persons of non-English speaking background, persons with disabilities and persons in rural areas) with access to technical and further education services, including a range of appropriate specialised services, and\n> > \n> > > (f) consult with relevant agencies to promote the effective and efficient use of resources and co-operation between TAFE establishments and other educational institutions.\n> \n> > (2) Nothing in this section gives rise to, or can be taken into account in, any civil cause of action.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Miscellaneous functions","content":"#### 7 Miscellaneous functions\n\n7 Miscellaneous functions\n\n> > (1) Without limiting any other functions conferred or imposed on it, the TAFE Commission may—\n> > \n> > > (a) establish and maintain TAFE establishments, and\n> > \n> > > (b) provide courses of study at TAFE establishments and at other places, and\n> > \n> > > (c) confer educational awards on students who have completed technical or further education courses (and determine the eligibility of students to receive those awards), and\n> > \n> > > (d) provide student support services, including library, counselling, course information, student activities and child care services, and\n> > \n> > > (e) make loans and grants to students of TAFE establishments, and\n> > \n> > > (f) impose penalties (including pecuniary penalties) for breaches of discipline by students of TAFE establishments, and\n> > \n> > > (g) enter into credit transfer arrangements with other education and training providers (including government agencies, higher education institutions and private agencies), and\n> > \n> > > (h) impose fees and charges (and grant exemptions from payment of fees and charges), including fees and charges to be paid in respect of the following—\n> > > \n> > > > • entrance to a TAFE establishment,\n> > > \n> > > > • tuition,\n> > > \n> > > > • examinations,\n> > > \n> > > > • the conferring of educational awards,\n> > > \n> > > > • residence,\n> > > \n> > > > • the provision of amenities and services, whether or not of an educational nature, and\n> > \n> > > (i) enter into commercial arrangements for the provision of technical and further education services and for the payment of appropriate fees and charges for those services (including arrangements with employers for the provision of services to their employees), and\n> > \n> > > (j) with the approval of the Minister, conduct any business which is related to technical and further education or which makes use of the facilities, staff or services of the TAFE Commission.\n> \n> > (2) The exercise of the functions of the TAFE Commission under this section is subject to—\n> > \n> > > (a) in the case of the provision of accredited courses of study and the conferring of educational awards or statements of attainment in connection with those courses—the provisions of the [National Vocational Education and Training Regulator Act 2011](http://www.legislation.gov.au/) of the Commonwealth, and\n> > \n> > > (b) in any case—any requirements of the regulations.\n> \n> > (3) The TAFE Commission may, with the approval of the Minister—\n> > \n> > > (a) form, or participate in the formation of, private corporations, and\n> > \n> > > (b) acquire, sell or otherwise dispose of interests in private corporations, and\n> > \n> > > (c) enter into partnerships, joint ventures or other profit-making arrangements,\n> > \n> > for the purpose of the exercise of the functions of the TAFE Commission referred to in subsection (1) (j) or such other of its functions of a commercial nature as the Minister may approve.\n> \n> > (4) A private corporation in which the TAFE Commission has a controlling or other interest is not, and does not represent, the Crown.\n> \n> > (5) The Minister may give an approval under this section that is limited to a particular case or that applies generally.\n> \n> > (6) The TAFE Commission may exercise its functions under this Act within or outside the State, including outside Australia. The TAFE Commission is taken always to have had the powers conferred by this subsection.\n> \n> **s 7:** Am 2001 No 56, Sch 1.20; 2005 No 100, Sch 3.15; 2010 No 131, Sch 2.8.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Delegation of functions","content":"#### 8 Delegation of functions\n\n8 Delegation of functions\n\n> > (1) The TAFE Commission may delegate to an authorised person any of the functions of the TAFE Commission, other than this power of delegation.\n> \n> > (2) A delegate may sub-delegate to an authorised person any function delegated by the TAFE Commission if the delegate is authorised in writing to do so by the TAFE Commission.\n> \n> > (3) Any of the following functions may not be delegated or sub-delegated to an authorised person unless that person is a member of staff or a person employed in the Department of Industry—\n> > \n> > > (a) a function under this Act, or any other law, of entering into agreements relating to an industrial matter,\n> > \n> > > (b) (Repealed)\n> > \n> > > (c) a function in proceedings concerning industrial awards.\n> \n> > (4) In this section, authorised person means—\n> > \n> > > (a) a member of staff, or\n> > \n> > > (a1) a person employed in the Department of Industry, or\n> > \n> > > (b) a person of a class prescribed by the regulations or approved by the Minister.\n> \n> **s 8:** Am 1998 No 54, Sch 1.20 \\[1\\] \\[2\\]; 2006 No 2, Sch 4.72 \\[2\\]; 2006 No 24, Sch 1.2 \\[3\\]; 2017 No 22, Sch 4.7 \\[1\\].","sortOrder":10},{"sectionNumber":"Part 4","sectionType":"part","heading":"The Minister and TAFE Commission Board","content":"# Part 4 The Minister and TAFE Commission Board\n\nPart 4 The Minister and TAFE Commission Board","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Ministerial control","content":"#### 9 Ministerial control\n\n9 Ministerial control\n\n> The TAFE Commission is, in the exercise of its functions, subject to the control and direction of the Minister.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Corporate plans","content":"#### 10 Corporate plans\n\n10 Corporate plans\n\n> > (1) The TAFE Commission is required to prepare and deliver to the Minister, at least 3 months before the beginning of each financial year of the TAFE Commission, a draft corporate plan for the financial year.\n> \n> > (2) The TAFE Commission must—\n> > \n> > > (a) consider any comments on the draft corporate plan that were made by the Minister within 2 months after the draft plan was delivered to the Minister, and\n> > \n> > > (b) deliver the completed corporate plan to the Minister before the beginning of the financial year concerned.\n> \n> > (3) The TAFE Commission is, as far as practicable, to exercise its functions in accordance with the relevant corporate plan.\n> \n> > (4) A corporate plan must specify—\n> > \n> > > (a) the separate activities of the TAFE Commission and, in particular, the separate commercial and non-commercial activities, and\n> > \n> > > (b) the objectives of each such separate activity for the financial year concerned and for future financial years, and\n> > \n> > > (c) the strategies, policies and budgets for achieving those objectives, and\n> > \n> > > (d) targets and criteria for assessing the TAFE Commission’s performance.\n> \n> > (5) This section is subject to the requirements of any direction of the Minister under section 9.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"TAFE Commission Board","content":"#### 11 TAFE Commission Board\n\n11 TAFE Commission Board\n\n> > (1) There shall be a TAFE Commission Board.\n> \n> > (2) The TAFE Commission Board is to consist of the following 13 members—\n> > \n> > > (a) the Managing Director of the TAFE Commission,\n> > \n> > > (b) a senior member of staff, or a Public Service senior executive employed in the Department of Industry, for the time being nominated by the Minister,\n> > \n> > > (c), (d) (Repealed)\n> > \n> > > (e) a person for the time being nominated by the Minister for Education,\n> > \n> > > (f) 10 members appointed by the Minister.\n> \n> > (3) The senior member of staff, or the Public Service senior executive employed in the Department of Industry, nominated by the Minister must have a background in education if the Managing Director does not have such a background.\n> \n> > (4) The members appointed by the Minister must have such qualifications and experience in the areas of management, industry, commerce, industrial relations, higher education, vocational education and training or community service as the Minister considers necessary to enable them to make a valuable contribution to technical and further education in the State.\n> \n> > (5) In making appointments of members, the Minister is to have regard to the need to appoint—\n> > \n> > > (a) both men and women, and\n> > \n> > > (b) persons who have knowledge or expertise in the education and training of women, Aborigines, persons from non-English speaking backgrounds, persons with disabilities and persons from rural areas, and\n> > \n> > > (c) persons with knowledge or expertise in basic or pre-vocational education as well as vocational education and training.\n> \n> > (6) Schedule 1 has effect with respect to the members and procedure of the TAFE Commission Board.\n> \n> **s 11:** Am 1998 No 54, Sch 1.20 \\[3\\]–\\[6\\]; 2006 No 24, Sch 1.2 \\[3\\]; 2008 No 11, Sch 1.2 \\[1\\] \\[2\\]; 2017 No 22, Sch 4.7 \\[2\\]–\\[4\\].","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Functions of the TAFE Commission Board","content":"#### 12 Functions of the TAFE Commission Board\n\n12 Functions of the TAFE Commission Board\n\n> > (1) The functions of the TAFE Commission Board are to review and make recommendations to the Minister on the following—\n> > \n> > > (a) policies related to the technical and further education services provided by the TAFE Commission,\n> > \n> > > (b) efficiency and effectiveness in relation to the operation and management of the technical and further education services provided by the TAFE Commission,\n> > \n> > > (c) the Commission’s commercial activities, the setting of priorities for its commercial operations and the utilisation of funds generated from commercial activities, consistent with the Government’s overall policies and objectives in the education and training area,\n> > \n> > > (d) the corporate plans prepared by the TAFE Commission under this Part,\n> > \n> > > (e) the relationship between the TAFE Commission and other education sectors, including schools, higher education and adult and community education,\n> > \n> > > (f) any matter referred to the Board by the Minister.\n> \n> > (2) The Minister is to have regard to the recommendations of the TAFE Commission Board when giving directions to the Managing Director under this Act with respect to the exercise of the functions of the TAFE Commission.\n> \n> > (3) (Repealed)\n> \n> **s 12:** Am 2008 No 11, Sch 1.2 \\[3\\].","sortOrder":15},{"sectionNumber":"Part 5","sectionType":"part","heading":"The Managing Director of the TAFE Commission","content":"# Part 5 The Managing Director of the TAFE Commission\n\nPart 5 The Managing Director of the TAFE Commission","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Managing Director","content":"#### 13 Managing Director\n\n13 Managing Director\n\n> > (1) The Governor may appoint a Managing Director of the TAFE Commission.\n> \n> > (2) Schedule 1A contains provisions relating to the Managing Director.\n> \n> > (3) The Minister may, from time to time, appoint a person to act in the office of the Managing Director during the illness or absence of the Managing Director (or during a vacancy in the office of Managing Director) and the person, while so acting, has all the functions of the Managing Director and is taken to be the Managing Director.\n> \n> > (4) The Minister may, at any time, remove a person from office as acting Managing Director.\n> \n> > (5) An acting Managing Director is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.\n> \n> **s 13:** Am 2005 No 99, Sch 1 \\[1\\]; 2014 No 33, Sch 3.31 \\[1\\].","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Managing Director to manage and control affairs of the TAFE Commission","content":"#### 14 Managing Director to manage and control affairs of the TAFE Commission\n\n14 Managing Director to manage and control affairs of the TAFE Commission\n\n> > (1) The affairs of the TAFE Commission are to be managed and controlled by the Managing Director, subject to any direction of the Minister under this Act.\n> \n> > (2) Any act, matter or thing done in the name of, or on behalf of, the TAFE Commission by the Managing Director is taken to have been done by the TAFE Commission.","sortOrder":18},{"sectionNumber":"Part 6","sectionType":"part","heading":"Provisions relating to members of staff","content":"# Part 6 Provisions relating to members of staff\n\nPart 6 Provisions relating to members of staff\n\n**pt 6, hdg:** Am 2006 No 2, Sch 4.72 \\[3\\]; 2006 No 24, Sch 1.2 \\[4\\].","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Employment of staff","content":"#### 15 Employment of staff\n\n15 Employment of staff\n\n> The TAFE Commission may employ such staff as it requires to exercise its functions.\n> \n> **s 15:** Subst 2006 No 2, Sch 4.72 \\[4\\]. Rep 2006 No 24, Sch 1.2 \\[5\\]. Ins 2011 No 53, Sch 1 \\[4\\].","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Salary, conditions etc of staff","content":"#### 16 Salary, conditions etc of staff\n\n16 Salary, conditions etc of staff\n\n> The TAFE Commission may fix the salary, wages and conditions of employment of its staff in so far as they are not otherwise fixed by or under any Act or law.\n> \n> **s 16:** Am 1996 No 121, Sch 4.59. Rep 2006 No 2, Sch 4.72 \\[5\\]. Ins 2011 No 53, Sch 1 \\[4\\].","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Regulations relating to staff","content":"#### 17 Regulations relating to staff\n\n17 Regulations relating to staff\n\n> > (1) The regulations may make provision for or with respect to the employment of the staff of the TAFE Commission, including the conditions of employment and the discipline of any such staff.\n> \n> > (2) Any such regulations relating to the conditions of employment or the discipline of staff—\n> > \n> > > (a) have effect subject to any relevant award made by a competent industrial tribunal and to any industrial agreement to which the Commission is a party, and\n> > \n> > > (b) have effect despite any determination of the Commission under section 16.\n> \n> **s 17:** Am 2005 No 99, Sch 1 \\[2\\]. Subst 2006 No 2, Sch 4.72 \\[6\\]. Am 2006 No 24, Sch 1.2 \\[6\\] \\[7\\]. Subst 2011 No 53, Sch 1 \\[4\\].","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Appointments and promotion on merit","content":"#### 18 Appointments and promotion on merit\n\n18 Appointments and promotion on merit\n\n> > (1) The appointment of members of staff and any promotions for such staff are to be made on the basis of the merit of the applicants for appointment or promotion.\n> \n> > (2) The merit of persons eligible for appointment or promotion to a vacant position are to be determined having regard to—\n> > \n> > > (a) the nature of the duties of the position, and\n> > \n> > > (b) abilities, qualifications, experience, standard of work performance and personal qualities of those persons that are relevant to the performance of those duties.\n> \n> **s 18:** Am 2006 No 2, Sch 4.72 \\[7\\]; 2006 No 24, Sch 1.2 \\[8\\].","sortOrder":23},{"sectionNumber":"18A","sectionType":"section","heading":null,"content":"#### 18A\n\n18A (Repealed)","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Legal proceedings not to be brought","content":"#### 19 Legal proceedings not to be brought\n\n19 Legal proceedings not to be brought\n\n> > (1), (2) (Repealed)\n> \n> > (3) No proceedings, whether for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, lie in respect of the appointment or failure to appoint a person to a position on the staff of the TAFE Commission, the entitlement or non-entitlement of a person to be so appointed or the validity or invalidity of any such appointment.\n> \n> > (4) (Repealed)\n> \n> **s 19:** Am 1996 No 121, Sch 4.59; 2006 No 2, Sch 4.72 \\[9\\]; 2006 No 24, Sch 1.2 \\[9\\]; 2010 No 54, Sch 3.19 \\[1\\] \\[2\\]; 2011 No 53, Sch 1 \\[5\\] \\[6\\].","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Incapable member of staff may be retired","content":"#### 20 Incapable member of staff may be retired\n\n20 Incapable member of staff may be retired\n\n> If—\n> \n> > (a) a member of staff is found to be unfit to discharge or incapable of discharging the member’s duties, and\n> \n> > (b) the member’s unfitness or incapacity appears to be of a permanent nature and has not arisen from actual misconduct on the part of the member (or from causes within the member’s control),\n> \n> the TAFE Commission may cause the member to be retired.\n> \n> **s 20:** Subst 2006 No 2, Sch 4.72 \\[10\\]. Am 2006 No 24, Sch 1.2 \\[10\\] \\[11\\]; 2011 No 53, Sch 1 \\[7\\].","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Members of staff to report bankruptcy etc","content":"#### 21 Members of staff to report bankruptcy etc\n\n21 Members of staff to report bankruptcy etc\n\n> If a member of staff becomes bankrupt or makes a composition, arrangement or assignment for the benefit of the member’s creditors, the member must—\n> \n> > (a) immediately give to the TAFE Commission notice of the bankruptcy, composition, arrangement or assignment, and\n> \n> > (b) within such period as the TAFE Commission specifies, provide the TAFE Commission with such further information with respect to the cause of the bankruptcy or of the making of the composition, arrangement or assignment as the TAFE Commission requires.\n> \n> **s 21:** Am 2004 No 114, Sch 2.22. Rep 2006 No 2, Sch 4.72 \\[11\\]. Ins 2006 No 24, Sch 1.2 \\[12\\]. Am 2011 No 53, Sch 1 \\[7\\] \\[8\\].","sortOrder":28},{"sectionNumber":"21A","sectionType":"section","heading":"Members of staff not to undertake other paid work without permission","content":"#### 21A Members of staff not to undertake other paid work without permission\n\n21A Members of staff not to undertake other paid work without permission\n\n> > (1) A member of staff is not to undertake any other paid work without the permission of the TAFE Commission.\n> \n> > (2) The TAFE Commission may prepare guidelines with respect to the type of work that constitutes paid work for the purposes of this section.\n> \n> > (3) Any such guidelines must be made available to members of staff in such manner as the TAFE Commission thinks appropriate.\n> \n> > (4) This section does not apply to a member of staff employed on a casual basis.\n> \n> **s 21A:** Ins 2006 No 24, Sch 1.2 \\[12\\]. Am 2011 No 53, Sch 1 \\[7\\].","sortOrder":29},{"sectionNumber":"21B","sectionType":"section","heading":"Notification of serious offences committed by members of staff","content":"#### 21B Notification of serious offences committed by members of staff\n\n21B Notification of serious offences committed by members of staff\n\n> > (1) A member of staff who—\n> > \n> > > (a) is charged with, or who is found guilty of, an offence that is punishable by imprisonment for 12 months or more, or\n> > \n> > > (b) is charged with, or who is found guilty elsewhere than in New South Wales of an offence that, if it were committed in New South Wales, would be an offence so punishable,\n> > \n> > must immediately report that fact to the TAFE Commission.\n> \n> > (2) On becoming aware of the fact that a member of staff has been charged with, or has been found guilty of, an offence referred to in subsection (1), the person in charge of the TAFE establishment at which the member is employed must also immediately report that fact to the TAFE Commission.\n> \n> > (3) (Repealed)\n> \n> **s 21B:** Ins 2006 No 24, Sch 1.2 \\[12\\]. Am 2011 No 53, Sch 1 \\[7\\] \\[9\\].","sortOrder":30},{"sectionNumber":"21C","sectionType":"section","heading":"List of persons not to be employed as a member of staff","content":"#### 21C List of persons not to be employed as a member of staff\n\n21C List of persons not to be employed as a member of staff\n\n> The TAFE Commission may prepare and maintain a list of persons who the TAFE Commission determines are not to be employed as members of staff.\n> \n> **s 21C:** Ins 2006 No 24, Sch 1.2 \\[12\\]. Am 2011 No 53, Sch 1 \\[7\\].","sortOrder":31},{"sectionNumber":"22","sectionType":"section","heading":"Extended or long service leave","content":"#### 22 Extended or long service leave\n\n22 Extended or long service leave\n\n> > (1) This section applies to members of staff who are employed on a full-time basis.\n> \n> > (2) The staff to whom this section applies are entitled to extended leave at the same rate as Public Service employees under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n> \n> > (3), (4) (Repealed)\n> \n> **s 22:** Am 2005 No 99, Sch 1 \\[4\\]; 2006 No 2, Sch 4.72 \\[12\\] \\[13\\]; 2006 No 24, Schs 1.2 \\[13\\], 2.2 \\[1\\]; 2011 No 53, Sch 1 \\[10\\]; 2014 No 33, Sch 3.31 \\[2\\].","sortOrder":32},{"sectionNumber":"Part 6A","sectionType":"part","heading":null,"content":"# Part 6A\n\nParts 6A, 6B\n\n22A–22ZB (Repealed)\n\n**pt 6A:** Ins 2006 No 24, Sch 1.2 \\[14\\]. Rep 2011 No 53, Sch 1 \\[11\\].\n\n**pt 6A, div 1:** Ins 2006 No 24, Sch 1.2 \\[14\\]. Rep 2011 No 53, Sch 1 \\[11\\].\n\n**ss 22A–22D:** Ins 2006 No 24, Sch 1.2 \\[14\\]. Rep 2011 No 53, Sch 1 \\[11\\].\n\n**s 22E:** Ins 2006 No 24, Sch 1.2 \\[14\\]. Am 2010 No 84, Sch 2.16; 2011 No 37, Sch 2.9. Rep 2011 No 53, Sch 1 \\[11\\].\n\n**s 22F:** Ins 2006 No 24, Sch 1.2 \\[14\\]. Rep 2011 No 53, Sch 1 \\[11\\].\n\n**s 22G:** Ins 2006 No 24, Sch 1.2 \\[14\\]. Rep 2011 No 53, Sch 1 \\[11\\].\n\n**pt 6A, divs 2–4 (ss 22H–22Q):** Ins 2006 No 24, Sch 1.2 \\[14\\]. Rep 2011 No 53, Sch 1 \\[11\\].\n\n**pt 6B (ss 22R–22ZB):** Ins 2006 No 24, Sch 2.2 \\[2\\]. Rep 2011 No 53, Sch 1 \\[12\\].","sortOrder":33},{"sectionNumber":"Part 7","sectionType":"part","heading":"Provisions relating to property","content":"# Part 7 Provisions relating to property\n\nPart 7 Provisions relating to property","sortOrder":34},{"sectionNumber":"23","sectionType":"section","heading":"Powers of the TAFE Commission relating to property","content":"#### 23 Powers of the TAFE Commission relating to property\n\n23 Powers of the TAFE Commission relating to property\n\n> > (1) The TAFE Commission may acquire by gift, bequest or devise any property for the purposes of this Act and may agree to carry out the conditions of any such gift, bequest or devise.\n> \n> > (2) The TAFE Commission must not, except with the approval of the Minister, alienate, mortgage, charge or demise any of its land.\n> \n> > (3) Despite subsection (2), the TAFE Commission may, without the approval of the Minister, lease any of its land if—\n> > \n> > > (a) the term of the lease does not exceed 21 years, and\n> > \n> > > (b) there is reserved for the whole of the term the highest rent that can reasonably be obtained.\n> \n> > (4) The rule of law against remoteness of vesting does not apply to or in respect of any condition of a gift, bequest or devise to which the TAFE Commission has agreed.","sortOrder":35},{"sectionNumber":"24","sectionType":"section","heading":"Powers of the TAFE Commission over certain property vested in Crown","content":"#### 24 Powers of the TAFE Commission over certain property vested in Crown\n\n24 Powers of the TAFE Commission over certain property vested in Crown\n\n> > (1) If any property used wholly or mainly for the conduct of a TAFE establishment or other TAFE Commission facility is not vested in the TAFE Commission but is vested in the Crown or a Minister of the Crown (whether as Constructing Authority or otherwise), the TAFE Commission has the control and management of that property and is responsible for its maintenance.\n> \n> > (2) Nothing in subsection (1) enables the TAFE Commission to alienate, mortgage, charge or demise any land vested in the Crown or a Minister of the Crown (whether as Constructing Authority or otherwise).\n> \n> > (3) Despite subsection (2), the TAFE Commission may (on behalf of the Crown or a Minister of the Crown) lease land of which it has, pursuant to this section, the control and management.\n> \n> > (4) Such a lease—\n> > \n> > > (a) is to be for a purpose approved by the Minister, and\n> > \n> > > (b) is to be for a term not exceeding 10 years, and\n> > \n> > > (c) is to contain a condition that the lease is not to be assigned and such other conditions as the TAFE Commission thinks fit.","sortOrder":36},{"sectionNumber":"25","sectionType":"section","heading":null,"content":"#### 25\n\n25 (Repealed)","sortOrder":37},{"sectionNumber":"26","sectionType":"section","heading":"Grant or transfer of certain land to the TAFE Commission","content":"#### 26 Grant or transfer of certain land to the TAFE Commission\n\n26 Grant or transfer of certain land to the TAFE Commission\n\n> > (1) If land on which a TAFE establishment or other TAFE Commission facility is conducted is vested in the Crown or a Minister of the Crown (whether as Constructing Authority or otherwise), the land may—\n> > \n> > > (a) if it is vested in the Crown—be transferred to the TAFE Commission subject to such trusts, conditions, covenants, provisions, exceptions and reservations as the Minister administering the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) thinks fit, or\n> > \n> > > (b) if it is vested in a Minister of the Crown—be conveyed or transferred to the TAFE Commission for such estate, and subject to such trusts and rights of way or other easements, as the Minister in whom the land is vested thinks fit.\n> \n> > (2) A conveyance, transfer or other instrument executed for the purposes of this section—\n> > \n> > > (a) is not liable to stamp duty under the [Stamp Duties Act 1920](/view/html/repealed/current/act-1920-047), and\n> > \n> > > (b) may be registered under any Act without fee.\n> \n> **s 26:** Am 2017 No 17, Sch 4.95.","sortOrder":39},{"sectionNumber":"27","sectionType":"section","heading":"Acquisition and disposal of land by Minister","content":"#### 27 Acquisition and disposal of land by Minister\n\n27 Acquisition and disposal of land by Minister\n\n> > (1) The Minister may, for the purposes of this Act or jointly for those purposes and purposes of or associated with technical and further education or recreation, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022).\n> \n> > (1A) For the purposes of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045), any such acquisition of land is taken to be for an authorised work and the Minister is, in relation to that authorised work, taken to be the Constructing Authority.\n> \n> > (1B) Sections 34, 35, 36 and 37 of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045) do not apply in respect of works constructed under this Act.\n> \n> > (2) The Minister may acquire, by gift made during a person’s lifetime or by devise or bequest in the will or other testamentary disposition of any person, any property for use for purposes for which land may be acquired under subsection (1).\n> \n> > (3) The Minister may agree to a condition of any such gift, devise or bequest, and the rule of law against remoteness of vesting does not apply to any such condition.\n> \n> > (4) The Minister may expend money on the improvement of any land acquired under this Act, or, for the purposes of this Act, on any other land, even though the improvement or the land may not be used solely for technical and further education.\n> \n> > (5) The Minister may—\n> > \n> > > (a) for any of the purposes for which land may be acquired under this section, grant a lease or licence of any land so acquired, and\n> > \n> > > (b) in the case of land that is no longer required for the purpose for which it was acquired, grant a lease or licence of the land or sell or exchange the land, and\n> > \n> > > (c) grant easements and rights of way in respect of land acquired under this section.\n> \n> > (6) The Minister may make commercial use of land acquired under this section if that use is associated with a purpose for which land may be so acquired.\n> \n> > (7) Land—\n> > \n> > > (a) acquired under or for the purposes of the [Technical and Further Education Act 1974](/view/pdf/asmade/act-1974-72), or\n> > \n> > > (b) acquired under any other Act for those purposes,\n> > \n> > is to be taken to have been acquired under this section.\n> \n> **s 27:** Am 1992 No 57, Sch 2.","sortOrder":40},{"sectionNumber":"28","sectionType":"section","heading":null,"content":"#### 28\n\n28 (Repealed)","sortOrder":41},{"sectionNumber":"29","sectionType":"section","heading":"Delegation","content":"#### 29 Delegation\n\n29 Delegation\n\n> The Minister may delegate to any person any of the Minister’s functions under this Part, other than the power to give an approval under section 23 (2) or this power of delegation.","sortOrder":43},{"sectionNumber":"Part 8","sectionType":"part","heading":"Miscellaneous","content":"# Part 8 Miscellaneous\n\nPart 8 Miscellaneous","sortOrder":44},{"sectionNumber":"30","sectionType":"section","heading":"Investment","content":"#### 30 Investment\n\n30 Investment\n\n> The TAFE Commission may invest money held by it—\n> \n> > (a) if the TAFE Commission is a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in any way that the TAFE Commission is permitted to invest money under that Part, or\n> \n> > (b) if the TAFE Commission is not a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—\n> > \n> > > (i) in any way authorised for the time being for the investment of trust funds, and\n> > \n> > > (ii) in any other way approved by the Minister with the concurrence of the Treasurer.\n> \n> **s 30:** Subst 2018 No 70, Sch 3.59.","sortOrder":45},{"sectionNumber":"31","sectionType":"section","heading":"Financial year","content":"#### 31 Financial year\n\n31 Financial year\n\n> > (1) The financial year of the TAFE Commission is the year commencing on 1 July.\n> \n> > (2) However, the financial year of the TAFE Commission is to be the annual reporting period (if any) for the TAFE Commission if the Treasurer has made a determination under section 2.10 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055) for that period to be different from the period referred to in subsection (1).\n> \n> **s 31:** Am 2018 No 70, Sch 4.103.","sortOrder":46},{"sectionNumber":"32","sectionType":"section","heading":"Personal liability of members etc","content":"#### 32 Personal liability of members etc\n\n32 Personal liability of members etc\n\n> A matter or thing done or omitted to be done by the TAFE Commission, the TAFE Commission Board, a member of the TAFE Commission Board, the Managing Director or any person acting under the direction of the TAFE Commission, that Board or the Managing Director does not, if the matter or thing was done or omitted in good faith for the purpose of executing this or any other Act, subject the Managing Director, member or a person so acting personally to any action, liability, claim or demand.","sortOrder":47},{"sectionNumber":"33","sectionType":"section","heading":"Seal of the TAFE Commission","content":"#### 33 Seal of the TAFE Commission\n\n33 Seal of the TAFE Commission\n\n> The seal of the TAFE Commission is to be kept by the Managing Director and may be affixed to a document only—\n> \n> > (a) in the presence of the Managing Director or a member of staff authorised in that behalf by the Managing Director, and\n> \n> > (b) with an attestation by the signature of the Managing Director or that member of the fact of the affixing of the seal.\n> \n> **s 33:** Am 2006 No 24, Sch 1.2 \\[3\\].","sortOrder":48},{"sectionNumber":"34","sectionType":"section","heading":"Service of documents on the TAFE Commission","content":"#### 34 Service of documents on the TAFE Commission\n\n34 Service of documents on the TAFE Commission\n\n> > (1) A document may be served on the TAFE Commission by leaving it at, or by sending it by post to—\n> > \n> > > (a) the office of the TAFE Commission, or\n> > \n> > > (b) if it has more than one office—any one of its offices.\n> \n> > (2) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on the TAFE Commission in any other manner.","sortOrder":49},{"sectionNumber":"35","sectionType":"section","heading":"Recovery of charges etc by the TAFE Commission","content":"#### 35 Recovery of charges etc by the TAFE Commission\n\n35 Recovery of charges etc by the TAFE Commission\n\n> Any charge, fee or money due to the TAFE Commission may be recovered by the TAFE Commission as a debt in a court of competent jurisdiction.","sortOrder":50},{"sectionNumber":"36","sectionType":"section","heading":"Regulations","content":"#### 36 Regulations\n\n36 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":51},{"sectionNumber":"37","sectionType":"section","heading":"Repeals","content":"#### 37 Repeals\n\n37 Repeals\n\n> The Acts and statutory instruments specified in Schedule 2 are repealed.","sortOrder":52},{"sectionNumber":"38","sectionType":"section","heading":null,"content":"#### 38\n\n38 (Repealed)","sortOrder":53},{"sectionNumber":"39","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 39 Savings, transitional and other provisions\n\n39 Savings, transitional and other provisions\n\n> Schedule 4 has effect.","sortOrder":55},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Provisions relating to members and procedure of the TAFE Commission Board","content":"# Schedule 1 Provisions relating to members and procedure of the TAFE Commission Board\n\nSchedule 1 Provisions relating to members and procedure of the TAFE Commission Board\n\n(Section 11)\n\n**sch 1:** Am 1995 No 16, Sch 2, 1999 No 94, sec 7 (2) and Sch 5, Part 2; 2005 No 99, Sch 1 \\[5\\] \\[6\\]; 2006 No 24, Sch 1.2 \\[3\\]; 2014 No 33, Sch 3.31 \\[3\\] \\[4\\].","sortOrder":56},{"sectionNumber":"Schedule 1A","sectionType":"schedule","heading":"Provisions relating to Managing Director","content":"# Schedule 1A Provisions relating to Managing Director\n\nSchedule 1A Provisions relating to Managing Director\n\n(Section 13 (2))\n\n**sch 1A:** Ins 2014 No 33, Sch 3.31 \\[5\\].","sortOrder":73},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Repeals","content":"# Schedule 2 Repeals\n\nSchedule 2 Repeals\n\n(Section 37)","sortOrder":79},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":null,"content":"# Schedule 3\n\nSchedule 3 (Repealed)\n\n**sch 3:** Rep 1999 No 85, Sch 4.","sortOrder":82},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 4 Savings, transitional and other provisions\n\nSchedule 4 Savings, transitional and other provisions\n\n(Section 39)\n\n**sch 4:** Am 1991 No 17, Sch 2, 1994 No 95, Sch 2, 1996 No 121, Sch 4.59; 2005 No 99, Sch 1 \\[7\\] \\[8\\]; 2006 No 24, Sch 1.2 \\[15\\] \\[16\\]; 2011 No 53, Sch 1 \\[13\\] \\[14\\].","sortOrder":83}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 1990 Act focused on constituting the TAFE Commission, defining its core education functions, and transferring assets from the former TAFE Authority. Over time its scope has broadened significantly to encompass detailed commercial trading powers (s 7(1)(i)–(j) and corporate vehicles under s 7(3)), extensive staff employment and disciplinary regimes (Part 6, inserted via 2006 and 2011 amendments), interaction with national VET regulation, and expanded property acquisition and leasing powers. These changes have shifted the Commission from a pure public education provider toward a hybrid entity that conducts profit-making activities while retaining Crown status."},"complexity_factors":["Frequent amendments across 20+ years (e.g. 1993 No 108, 2006 No 24, 2011 No 53) with many repealed sections (Parts 6A and 6B, ss 18A, 25, 28)","Heavy cross-referencing to other statutes including the Government Sector Employment Act 2013, Government Sector Finance Act 2018, Land Acquisition (Just Terms Compensation) Act 1991, National Vocational Education and Training Regulator Act 2011 (Cth), and Fair Work Act 2009 (Cth)","Detailed schedules (Sch 1 on Board procedure with 16 clauses, Sch 1A on Managing Director, Sch 4 with 5 Parts of savings and transitional rules)","Nested definitions, functions, and limitations (e.g. s 7(2) subjects commercial functions to external accreditation rules and regulations)","Conditional logic in staff provisions (ss 19–21C on appointments, incapacity, bankruptcy, outside work, offence reporting) and property powers (ss 23–27 with Ministerial approvals and exceptions)"],"plain_english_summary":"**This law creates and runs the official TAFE system in New South Wales.**\n\nTAFE (Technical and Further Education) is the state's main provider of practical job training, skill courses, and adult education. The Act sets up a government-owned organisation called the **Technical and Further Education Commission** (the TAFE Commission) as a legal body that can own property, employ staff, and make decisions. \n\nIt lists what the Commission must do: give people the skills employers need, help disadvantaged groups (such as women, Aboriginal people, migrants, people with disabilities, and those in country areas), link courses so students can move easily between TAFE and other schools or universities, and work with industry. The Commission can run campuses, award certificates, charge fees, lend money to students, run support services like libraries and childcare, and even do business deals to offer training to companies.\n\nA Board advises the Minister on policy and commercial work. A Managing Director runs day-to-day operations. Staff are employed under special rules that emphasise merit, discipline, and reporting serious criminal charges. The law also explains how land and buildings are managed, how money is invested, and protects board members and staff from personal lawsuits if they act in good faith.\n\nIt matters because it shapes how hundreds of thousands of students each year get the training that leads to jobs, helps businesses find skilled workers, and ensures public education stays responsive to economic needs while protecting access for everyone."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act has evolved from its original 1990 form through repeated amendments. The most notable structural change was the 1993 amendment replacing 'TAFE college' with 'TAFE establishment' throughout most of the Act, reflecting a reorganisation of how TAFE campuses and facilities are classified. The volume of amendments (approximately 18 versions since 2000 alone) suggests the Act's scope and operational details have been progressively expanded or refined well beyond its original intent, likely responding to changes in vocational education policy, funding arrangements, and governance structures at both state and national levels."},"complexity_factors":["Long legislative history spanning over 30 years with approximately 18 distinct amendment points, making it difficult to track what has changed over time","Involves governance of a large, multi-campus public institution with complex employment, property, and administrative arrangements","Interacts with other NSW legislation including administrative arrangements orders and the Interpretation Act 1987","Institutional terminology has shifted over time (TAFE college → TAFE establishment), which can cause confusion when reading older documents or contracts","Limited substantive content was available for analysis — full Act text was not provided, preventing deeper assessment of technical provisions","Ministerial responsibility governed by a separate administrative arrangements order, adding an external dependency for understanding who oversees the Act"],"plain_english_summary":"## Technical and Further Education Commission Act 1990 (NSW)\n\nThis is the NSW law that established and governs **TAFE NSW** — the government body responsible for running TAFE (Technical and Further Education) establishments across New South Wales.\n\n### What does it do?\n- It creates the **TAFE Commission** as a legal body (meaning it can own property, enter contracts, and sue or be sued in its own name)\n- It sets out how TAFE is structured, governed, and operated across NSW\n- It defines the powers and responsibilities of the Commission\n\n### Who does it affect?\n- **TAFE students** — anyone studying at a TAFE NSW campus\n- **TAFE staff** — teachers, administrators, and other employees\n- **Employers and industry** — who rely on TAFE-trained workers\n- **Taxpayers** — who fund TAFE through government\n\n### Why does it matter?\nTAFE NSW is one of Australia's largest vocational training providers. This law is the legal foundation that keeps it running. Without it, TAFE would have no legal authority to operate, own campuses, employ staff, or issue qualifications.\n\n### Key things to know\n- The law has been updated **many times** since 1990 (around 18 amendments), most recently in July 2021\n- The responsible Minister is the **Minister for Skills, TAFE and Tertiary Education**\n- Early amendments changed references from 'TAFE college' to 'TAFE establishment' — a terminology shift that reflects how TAFE is now organised\n\n**Note:** Only the metadata and status information was available for analysis — the full text of the Act's substantive provisions was not included in the provided content."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act as presented contains provisions that extend the Commission’s operational and commercial scope beyond a narrow educational service provider. Notable scope changes include explicit authority to enter commercial arrangements and form or invest in private corporations with Ministerial approval (s 7(1)(i)–(j), s 7(3)–(5)), an express power to operate outside the State including overseas (s 7(6)), and broadened property and land usage and leasing powers subject to Ministerial approvals or limits (s 23–27). The statutory framework for staff employment and industrial jurisdiction has also been modified by transitional and amendment provisions (sch 4 Parts 3–5, sch 4 Part 5 cl 16), changing how staff move between public service regimes and the Commission (sch 4 Part 3–5, s 15). These provisions indicate an expansion from purely delivering public education services toward a mixed public/commercial operational model, with corresponding changes to governance, investment and employment arrangements."},"complexity_factors":["Multiple institutional layers: Minister, Commission Board, Managing Director, Commission staff (s 9, s 11, s 13–14).","Significant Ministerial discretion and approval points for appointments, commercial activities and land dealings (s 9, s 11, s 7(1)(j), s 23(2)).","Cross-references to other statutes and regimes affecting scope and operation (Commonwealth National VET Regulator Act, Government Sector Finance Act, Government Sector Employment Act, Fair Work Act, land acquisition and public works Acts) (s 7(2)(a), s 30, sch 1A cl 3, sch 4 Part 5 cl 16, s 27).","Detailed staff-employment and transitional arrangements including transfers, preserved entitlements and limits on industrial jurisdiction (s 15–16, sch 4 Parts 3–5).","Property and land powers with mixed Crown/Commission arrangements and varying approval thresholds and lease terms (s 23–27).","Delegation rules with categorical non-delegable functions and prescribed classes of authorised persons (s 8).","Governance procedural detail (board quorums, pecuniary interest disclosure, committees) in Schedule 1 (sch 1 cl 7–15).","Amendments and repeals visible in the text and repealed Parts add complexity to interpreting current operative provisions (various amendment notes, repealed Pt 6A)."],"plain_english_summary":"# What this Act does, who it affects, and how it works\n\n- What the Act creates and who runs it\n  - The Act establishes a corporate body called the Technical and Further Education Commission (TAFE Commission). The Commission is a statutory body that represents the Crown (s 4).\n  - The Commission is governed by a Managing Director (appointed by the Governor) who manages and controls the Commission’s affairs (s 13, sch 1A cl 1–4, s 14). A TAFE Commission Board of 13 members, mostly appointed by the Minister, provides review and advice (s 11–12, sch 1).\n\n- Core purpose and duties\n  - The Commission’s principal function is to provide technical and further education (TAFE), which includes basic and pre-vocational education and vocational education and training (s 5, s 3(1)).\n  - In exercising its functions the Commission must (among other things) meet individual and workforce skill needs, provide a range of services for adults and young people, consult with industry and other education providers, facilitate course articulation, provide access to disadvantaged groups, and promote efficient use of resources (s 6).\n\n- Powers and activities the Commission can carry out\n  - The Commission may establish and run TAFE institutions, provide courses at its sites or elsewhere, confer awards, provide student support services (libraries, counselling, childcare), make loans and grants, impose penalties for student discipline, and set fees and exemptions for a wide range of services (s 7(1)(a)–(h)).\n  - It may enter commercial arrangements for delivering services, including arrangements with employers, and (with the Minister’s approval) conduct related businesses and form or invest in private corporations, partnerships or joint ventures (s 7(1)(i)–(j), s 7(3)–(5)). Private corporations in which the Commission has an interest do not represent the Crown (s 7(4)).\n  - The Commission may operate within or outside the State, including overseas (s 7(6)).\n\n- Ministerial control and planning\n  - The Commission is subject to the control and direction of the Minister when exercising its functions (s 9).\n  - The Commission must prepare a draft corporate plan annually and consider Ministerial comments; it should, as far as practicable, act in accordance with the corporate plan (s 10).\n\n- Board role and governance procedures\n  - The Board’s functions are to review and recommend policies, efficiency and management practices, commercial priorities and use of commercial funds, corporate plans, and relationships with other education sectors (s 12).\n  - The Minister appoints most Board members and must have regard to a mix of expertise and representation (s 11(2), (4)–(5)). Schedule 1 sets meeting, quorum (7 members), voting, pecuniary interest disclosure and committee rules (sch 1 cl 7, cl 11–15).\n\n- Staff: employment, conditions and restrictions\n  - The Commission may employ the staff it needs and may fix salaries and conditions so far as not otherwise fixed by law (s 15–16). Appointments and promotions must be on merit (s 18).\n  - Staff must report certain events (bankruptcy, serious criminal charges) to the Commission (s 21, s 21B). Members of staff may not undertake other paid work without the Commission’s permission (s 21A). The Commission can keep a list of persons not to be employed (s 21C).\n  - Certain staff rights and leave entitlements are preserved or linked to other statutes (s 22, sch 4 Part 3–5 for transitional arrangements).\n  - Some disputes and employment matters are modified by later provisions (for example, transfer and transitional employment rules in sch 4 Part 5 and cl 16 about industrial jurisdiction).\n\n- Property, land and investment powers\n  - The Commission may accept gifts, bequests and devise property and agree to conditions attached to them (s 23(1), (4)). It generally cannot alienate, mortgage or charge its land without Ministerial approval (s 23(2)). Limited leases up to 21 years may be made without Ministerial approval if the best rent is reserved (s 23(3)).\n  - Where Crown land is used mainly for a TAFE establishment, the Commission has control and management and is responsible for maintenance, but cannot alienate such land; it may, on behalf of the Crown, lease it for terms up to 10 years with Minister approval (s 24(1)–(4)).\n  - The Minister may acquire land for TAFE purposes and dispose of or commercially use such land within prescribed limits (s 27).\n  - The Commission may invest money according to rules tied to the Government Sector Finance Act or, if not a GSF agency, under trust-fund rules and Minister/Treasurer approval (s 30).\n\n- Legal, regulatory and interaction points\n  - The Commission’s accredited courses and awards are subject to Commonwealth regulation under the National Vocational Education and Training Regulator Act 2011 (s 7(2)(a)).\n  - The Act allows the Governor to make regulations for matters necessary to give effect to the Act (s 36). Schedule 4 contains savings, transitional and other consequential provisions (s 39, sch 4).\n  - Certain administrative acts by members, the Managing Director or staff done in good faith do not create personal liability (s 32).\n\n- Who pays, who decides, and what behaviour this regime changes\n  - Who pays: students and other clients can be charged fees for entry, tuition, exams, awards, residence and services (s 7(1)(h)). The Commission can also earn revenue from commercial contracts and make commercial use of land (s 7(1)(i), s 27(6)). Investment returns are available to the Commission under s 30.\n  - Who decides: the Minister has central decision-making power (controls and directs the Commission (s 9); appoints Board members (s 11); approves commercial business and private corporation participation (s 7(1)(j), s 7(3)); must approve certain land dealings (s 23(2))). The Managing Director runs day-to-day affairs subject to Ministerial direction (s 14). The Board advises and recommends (s 12) and has procedural controls (sch 1).\n  - Behaviour changes: the Commission can run commercial operations, set fees, enter employer contracts, invest funds, form private corporations with approval, and deploy staff under Commission employment terms (s 7, s 15–16). Staff face reporting and outside-work permissions (s 21, s 21A). Board members must disclose pecuniary interests and refrain from participation unless permitted (sch 1 cl 7).\n\n- Implementation, compliance and trade-offs to note (mechanisms, not judgments)\n  - Centralisation of approvals: Ministerial approval is required for many financial or business activities (s 7(1)(j), s 23(2)), which places formal control over commercial use and land transactions in the Minister’s hands.\n  - Administrative compliance: the Commission must prepare corporate plans and respond to Ministerial comments (s 10); Board members must record pecuniary interest disclosures (sch 1 cl 7(3)); staff have several mandatory reporting and permission requirements (s 21, s 21A, s 21B).\n  - Interactions with other laws: delivery of accredited courses is subject to Commonwealth regulation (s 7(2)(a)); staff employment and industrial jurisdiction are affected by transitional provisions and references to other employment law (sch 4 Parts 3–5; sch 4 Part 5 cl 16).\n  - Costs and incentives: the Act creates revenue-earning opportunities (fees, commercial contracts, land use, investments) under Commission control but also requires Ministerial oversight of certain revenue-generating activities (s 7, s 23, s 30). That creates mechanisms where decisions about commercial activity and use of funds are both operational (Commission) and politically accountable (Minister).\n  - Implementation risks and discretion: the Act vests broad discretion in the Minister (appointments, approvals, directions) and allows delegations and sub-delegations subject to limits (s 8). This concentrates decision points where approvals or directions determine whether commercial or property transactions proceed.\n\n- Practical effect and who is affected\n  - Affected parties include students (who may pay fees or be eligible for loans/grants) (s 7(1)(e),(h)), staff (employment terms, reporting duties and restrictions on outside work) (s 15–16, s 21, s 21A), employers contracting with the Commission (s 7(1)(i)), and entities entering arrangements with Commission-controlled land (s 23–27). The Minister and the Board are the main decision-makers for governance and strategy (s 9–12). For accredited qualifications, Commonwealth requirements also shape what the Commission can deliver (s 7(2)(a)).\n\n- Source-grounded trade-offs and opportunity costs to watch\n  - The Act enables revenue-raising and commercial activity by the Commission (s 7, s 30) but subjects some of those activities to Ministerial approval (s 7(1)(j), s 23(2)), creating a trade-off between operational flexibility and centralized oversight.\n  - Employment arrangements give the Commission discretion to set staff conditions (s 16) while transitional and industrial provisions preserve or move certain rights and jurisdictions (sch 4 Part 3–5, sch 4 Part 5 cl 16). This changes the institutional relationship between staff, the Commission and State/Commonwealth industrial regimes.\n\nReferences: key provisions cited above are s 3 (definitions), s 4 (constitution), s 5–7 (functions and powers), s 8 (delegation), s 9–12 (Minister and Board), s 13–14 and sch 1A (Managing Director), s 15–22 (staff), s 23–27 (property), s 30–36 (investment, financial year, liability, regulations), sch 1 (Board procedure), sch 4 (savings/transitional provisions)."}},"importantCases":[],"_links":{"self":"/api/acts/technical-and-further-education-commission-act-1990","history":"/api/acts/technical-and-further-education-commission-act-1990/history","analysis":"/api/acts/technical-and-further-education-commission-act-1990/analysis","conflicts":"/api/acts/technical-and-further-education-commission-act-1990/conflicts","importantCases":"/api/acts/technical-and-further-education-commission-act-1990/important-cases","documents":"/api/acts/technical-and-further-education-commission-act-1990/documents"}}