31 December 1999.
3. Assets and liabilities, including contracts generally
(1) On the commencement of this Act:
(a) all real and personal property and all rights and interests in
and management and control of that property that,
immediately before that commencement, was vested in or
belonged to Batchelor College, by virtue of this Act and
Schedule Savings and transitional provisions
Batchelor Institute of Indigenous Tertiary Education Act 1999 48
without further assurance, vest in and belong to the Institute;
(b) all licences held by Batchelor College immediately before that
commencement become, subject to any other Act (including
any Act of the Commonwealth), licences held by the Institute;
(c) all money and liquidated and unliquidated claims that were,
immediately before that commencement, payable to or
recoverable by Batchelor College are money and liquidated
and unliquidated claims payable to or recoverable by the
Institute;
(d) all proceedings pending immediately before that
commencement at the suit of Batchelor College are to be
taken to be proceedings pending at the suit of the Institute;
(e) all proceedings pending immediately before that
commencement against Batchelor College are to be taken to
be proceedings pending against the Institute;
(f) all contracts, agreements, arrangements and undertakings
(other than a contract of employment or a contract,
agreement, arrangement or undertaking entered into with a
student in respect of the provision of a program or course of
study or instruction) entered into with Batchelor College and in
force immediately before that commencement are to be taken
to be contracts, agreements, arrangements and undertakings
entered into with the Institute;
(g) all securities lawfully given to or by Batchelor College and in
force immediately before that commencement are to be taken
to be securities given to or by the Institute;
(h) the Institute may, without limiting the remedies or powers that
are available to it, pursue the same remedies for the recovery
of money and claims and the prosecution of offences as
Batchelor College would, but for this Act, have had available
to it;
(j) the Institute may enforce and realise any security or charge in
favour of Batchelor College that existed immediately before
that commencement and may exercise any powers conferred
on Batchelor College by the security or charge as if the
security or charge were a security or charge in favour of the
Institute;
(k) all debts, money and claims (whether liquidated or
unliquidated) that, immediately before that commencement,
were due or payable by Batchelor College or recoverable
against Batchelor College are due or payable by or
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Batchelor Institute of Indigenous Tertiary Education Act 1999 49
recoverable against the Institute; and
(m) all liquidated and unliquidated claims for which Batchelor
College would, but for this Act, have been liable are liquidated
and unliquidated claims for which the Institute is liable.
(2) No attornment to the Institute is required by a lessee of Batchelor
College.
(3) On the lodgement of this Act with the Registrar-General or any
other officer controlling a register or other record of rights and
interests in property, the Registrar-General or officer must, in
respect of the property which was vested in Batchelor College or in
which Batchelor College held an interest immediately before the
commencement of this Act, make the entries in the relevant
registers or records that are necessary to give effect to this clause.
(4) No duty, fee or other charge is payable by the Institute in relation to
the transfer or vesting of property in the Institute by virtue of this
Act.
4. Staff
(1) On the commencement of this Act, a person who immediately
before the commencement of this Act was an employee within the
meaning of the Public Sector Employment and Management
Act 1993 (other than a casual employee) at Batchelor College and
who:
(a) presents himself or herself for work at the Institute on the first
working day after that commencement;
(b) is on leave on the first working day after that commencement
but presents himself or herself for work at the Institute on the
first day after the expiry of that leave; or
(c) has in the opinion of the Director (whose decision in the matter
is final) a reasonable excuse for not presenting himself or
herself for work in accordance with paragraph (a) or (b) but
does so by a day determined by the Director,
is a member of the staff at the Institute unless and until (but not
later than 12 months after that commencement) he or she decides
to remain employed as an employee within the meaning of the
Public Sector Employment and Management Act 1993.
Schedule Savings and transitional provisions
Batchelor Institute of Indigenous Tertiary Education Act 1999 50
(2) A person who under subclause (1) is a member of the staff of the
Institute:
(a) is entitled to be paid salary or wages, allowances and other
benefits at rates equal to, and on the same terms and
conditions as, those that were payable to him or her
immediately before the commencement of this Act until his or
her salary, wages, allowances or other benefits is or are
varied or altered by an award of a competent tribunal or an
industrial agreement or by any other lawful means or, subject
to such an award or agreement or other lawful means, by a
decision of the Council;
(b) continues to be employed on the same conditions as the
conditions of his or her employment under the Public Sector
Employment and Management Act 1993 or the Child Care
Industry (Northern Territory) Award 1993 (as amended)
immediately before the commencement of this Act (including
any period of probation or any approval given under
section 61 of that Act to engage in paid employment outside
his or her employment at Batchelor College) until varied or
altered by an award of a competent tribunal or an industrial
agreement or by any other lawful means or, subject to such an
award or agreement or other lawful means, by a decision of
the Council;
(c) retains the position held by him or her at Batchelor College
immediately before that commencement; and
(d) retains all his or her existing and accruing rights arising from
his or her employment under the Public Sector Employment
and Management Act 1993 or the Child Care Industry
(Northern Territory) Award 1993 (as amended) as if he or she
continued to be employed under that Act, and for that purpose
the person's service under that Act is to be taken to be service
with the Institute.
(3) If the contract of employment of a person who under subclause (1)
is a member of the staff of the Institute is, as in force immediately
before the commencement of this Act, expressed to expire on a
specified or ascertainable date that occurs after that
commencement, the person is to be taken to be a member of the
staff of the Institute under a contract of employment that expires on
the same date.
(4) All:
(a) rights and proceedings under Parts 7, 8 or 9 of the Public
Sector Employment and Management Act 1993 or arising
Schedule Savings and transitional provisions
Batchelor Institute of Indigenous Tertiary Education Act 1999 51
because of the Child Care Industry (Northern Territory)
Award 1993 (as from time to time in force) of or in respect of a
person who under subclause (1) is a member of the staff of
the Institute that exist and are pending or have commenced
immediately before the commencement of this Act;
(b) obligations, duties, liabilities or remedies under the Public
Sector Employment or Management Act 1993 or arising
because of the award in respect of those rights and
proceedings; and
(c) orders, directions or decisions made in respect of those rights
or proceedings under the Public Sector Employment and
Management Act 1993 or because of the award,
continue unaffected and may be dealt with under the Public Sector
Employment and Management Act 1993 or the award as if this Act
had not commenced, and this Act and the By-laws apply to and in
relation to those orders, directions or decisions with the necessary
changes.
(5) Any suspension, instruction, direction or other action that:
(a) was taken or given under the Public Sector Employment and
Management Act 1993 or because of the Child Care Industry
(Northern Territory) Award 1993 (as from time to time in force)
to or in relation to a person who under subclause (1) is a
member of the staff of the Institute; and
(b) is in force immediately before the commencement of this Act,
continues to have effect as if this Act had not commenced, and this
Act and the By-laws apply to and in relation to the suspension,
instruction, direction or other action with the necessary changes.
(6) A person who under subclause (1) is a member of the staff of the
Institute is not entitled to claim benefits under both this Act and the
Public Sector Employment and Management Act 1993 in respect of
the same period of service.
5. Students
(1) Subject to the By-laws and rules, each person who is, immediately
before the commencement of this Act, enrolled in a program or
course as a student of Batchelor College is on that commencement
a student of the Institute who is enrolled in the program or course
offered by the Institute that is substantially the same in content as
the course offered by Batchelor College.
Schedule Savings and transitional provisions
Batchelor Institute of Indigenous Tertiary Education Act 1999 52
(2) The Institute must, on the commencement of this Act, provide the
educational programs or courses that are necessary to replace
those offered by Batchelor College referred to in subclause (1).
(3) Subject to the By-laws and rules, if a student is enrolled by virtue of
subclause (1) in a program or course offered by the Institute, the
Institute must give the student credit for any subjects or work
completed by the student when enrolled in the program or course
offered by Batchelor College.
(4) If a person completes a program or course offered by Batchelor
College before the commencement of this Act but on that
commencement an award in respect of the program or course has
not been conferred on him or her, the Institute may, after holding
any examination or making any assessment that the Council
considers necessary, confer the award on him or her.
(5) An award conferred under subclause (4) is to be under the seal of
the Institute and signed by the person or persons the Council
appoints for that purpose.
6. Holdings or interests in corporations
If, before the commencement of this Act, Batchelor College
established or participated in the establishment of a body corporate
(however described and whether in Australia or elsewhere) any of
the shares or other beneficial interests in which are held by or on
behalf of Batchelor College, those shares or other beneficial
interests are, on that commencement, held by or on behalf of the
Institute.
7. By-laws, rules etc.
On the commencement of this Act, the by-laws, rules and
resolutions made by the council of Batchelor College that:
(a) are in force immediately before the commencement of this
Act; and
(b) are by-laws, rules or resolutions that the Council could make
after that commencement,
are to be taken to be made and have effect for all purposes as
having been made by the Council under this Act and the Council
may vary, amend, repeal or otherwise deal with those by-laws,
rules or resolutions as if they were By-laws, rules or resolutions
made by the Council under this Act.
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Batchelor Institute of Indigenous Tertiary Education Act 1999 53
8. General
Subject to this Act, any act, matter or thing done or omitted to be
done before the commencement of this Act by, to or in respect of
Batchelor College is, to the extent that it would but for this Act have
had force or effect or been in operation after that commencement,
to be taken to have been done or omitted to be done by, to or in
respect of the Institute.
ENDNOTES
Batchelor Institute of Indigenous Tertiary Education Act 1999 54
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced