Part I
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Commonwealth act
This Act has been repealed and is no longer in force. It is retained for historical reference.
The Act creates the Australian Research Council, an independent statutory body to advise the Commonwealth on allocating research funding and setting national research priorities. It affects universities, TAFEs, researchers, students, schools and the education department by shaping who gets support for fundamental and applied research, postgraduate training, and innovation.
It matters because it centralises expert-led funding decisions while preserving ministerial accountability, replacing several former agencies and formalising governance and reporting.
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Direct links to the current provisions in Employment, Education and Training Act 1988.
This Act may be cited as the Employment, Education and Training Act 1988.
This Act commences on a day to be fixed by Proclamation.
(1) In this Act, unless the contrary intention appears:
Council means the Australian Research Council established by section 23.
curricula means courses of study, and methods and procedures, for use in or in connection with teaching or learning in schools or tertiary institutions.
curriculum project means a project involving:
(a) research in relation to, or the development of, curricula or educational materials; or
(b) the publication of educational materials.
educational materials means materials or equipment (including books) for use in or in connection with teaching or learning in schools or tertiary institutions.
higher education institution means an institution specified in a Table in subsection 4(1) of the Higher Education Funding Act 1988.
innovative project means a project (not being a curriculum project) aimed at bringing diversity or innovation, or designed to test new approaches or techniques, in a field to which the project is relevant.
school means:
(a) a school or similar institution at which full‑time primary education or full‑time secondary education, or both, is or are provided; or
(b) a school or similar institution at which education is provided that includes full‑time primary education or full‑time secondary education, or both.
State includes the Northern Territory.
technical and further education means education provided by way of a course of instruction or training that is, or that is preparatory to, a course of a kind relevant to a trade, technical or other skilled occupation or that otherwise meets educational needs, other than:
(a) education provided at a higher education institution, not being education provided by way of a course declared by the Minister, in writing, to be a course of technical and further education; or
(b) primary or secondary education provided by way of a full‑time course in a school.
technical and further education institution means:
(a) any institution (other than a higher education institution or a school) that provides technical and further education, being:
(i) an institution in a State conducted by or on behalf of the government of the State; or
(ii) an institution in a Territory (other than an institution declared by the Minister, in writing, not to be an institution to which this subparagraph applies) conducted by or on behalf of the government of the Commonwealth; or
(b) an institution, proposed institution, body, authority or instrumentality that, by virtue of a declaration under section 5, is a technical and further education institution for the purposes of this Act.
Territory does not include:
(a) the Northern Territory; or
(b) any external Territory other than a prescribed external Territory.
tertiary institution means:
(a) a higher education institution; or
(b) a technical and further education institution.
(2) For the purposes of this Act, a residential college or a proposed residential college connected with a tertiary institution shall be deemed to be part of that institution.
The Minister may declare, in writing, that:
(a) a proposed institution in Australia (other than a higher education institution or a school) specified in the declaration, being an institution at which it is proposed that technical and further education will be provided;
(b) a body, authority or instrumentality (other than a body, authority or instrumentality conducted for the profit, direct or indirect, of an individual or individuals) specified in the declaration, being a body, authority or instrumentality that provides in Australia technical and further education; or
(c) an institution in Australia (other than a higher education institution, a school or an institution conducted for the profit, direct or indirect, of an individual or individuals) specified in the declaration, being an institution that provides technical and further education;
is, for the purposes of this Act, a technical and further education institution.
An Act relating to employment, education and training, and for other purposes
This Act may be cited as the Employment, Education and Training Act 1988.
This Act commences on a day to be fixed by Proclamation.
(1) In this Act, unless the contrary intention appears:
Council means the Australian Research Council established by section 23.
curricula means courses of study, and methods and procedures, for use in or in connection with teaching or learning in schools or tertiary institutions.
curriculum project means a project involving:
(a) research in relation to, or the development of, curricula or educational materials; or
(b) the publication of educational materials.
educational materials means materials or equipment (including books) for use in or in connection with teaching or learning in schools or tertiary institutions.
higher education institution means an institution specified in a Table in subsection 4(1) of the Higher Education Funding Act 1988.
innovative project means a project (not being a curriculum project) aimed at bringing diversity or innovation, or designed to test new approaches or techniques, in a field to which the project is relevant.
school means:
(a) a school or similar institution at which full‑time primary education or full‑time secondary education, or both, is or are provided; or
(b) a school or similar institution at which education is provided that includes full‑time primary education or full‑time secondary education, or both.
State includes the Northern Territory.
technical and further education means education provided by way of a course of instruction or training that is, or that is preparatory to, a course of a kind relevant to a trade, technical or other skilled occupation or that otherwise meets educational needs, other than:
(a) education provided at a higher education institution, not being education provided by way of a course declared by the Minister, in writing, to be a course of technical and further education; or
(b) primary or secondary education provided by way of a full‑time course in a school.
technical and further education institution means:
(a) any institution (other than a higher education institution or a school) that provides technical and further education, being:
(i) an institution in a State conducted by or on behalf of the government of the State; or
(ii) an institution in a Territory (other than an institution declared by the Minister, in writing, not to be an institution to which this subparagraph applies) conducted by or on behalf of the government of the Commonwealth; or
(b) an institution, proposed institution, body, authority or instrumentality that, by virtue of a declaration under section 5, is a technical and further education institution for the purposes of this Act.
Territory does not include:
(a) the Northern Territory; or
(b) any external Territory other than a prescribed external Territory.
tertiary institution means:
(a) a higher education institution; or
(b) a technical and further education institution.
(2) For the purposes of this Act, a residential college or a proposed residential college connected with a tertiary institution shall be deemed to be part of that institution.
The Minister may declare, in writing, that:
(a) a proposed institution in Australia (other than a higher education institution or a school) specified in the declaration, being an institution at which it is proposed that technical and further education will be provided;
(b) a body, authority or instrumentality (other than a body, authority or instrumentality conducted for the profit, direct or indirect, of an individual or individuals) specified in the declaration, being a body, authority or instrumentality that provides in Australia technical and further education; or
(c) an institution in Australia (other than a higher education institution, a school or an institution conducted for the profit, direct or indirect, of an individual or individuals) specified in the declaration, being an institution that provides technical and further education;
is, for the purposes of this Act, a technical and further education institution.
The Australian Research Council is established.
(1) The functions of the Australian Research Council are:
(a) to make recommendations, in writing, to the Minister with respect to:
(i) the distribution of resources allocated to any research scheme referred, in writing, to the Council by the Minister for the purposes of this section; and
(ii) the administrative and other costs directly associated with that scheme; and
(b) to inquire into, and to provide information and advice to the Minister with respect to, any matter referred to the Council by the Minister, being:
(i) a matter relating to national research priorities or the co‑ordination of research policy and, in particular, but without limiting the generality of the foregoing, a matter relating to:
(A) the support to be given to fundamental research and to research that will contribute directly to the economic or social development of Australia;
(B) the development and implementation of research programs, or the establishment and maintenance of special research centres or key centres of teaching and research, by institutions and the allocation of funds to achieve an appropriate concentration of research effort in institutions;
(C) measures (including the implementation of programs for post‑graduates and the grant of post‑graduate scholarships) aimed at enhancing the training of research personnel; or
(D) measures aimed at improving interaction among the higher education sector, the private research sector, the government research sector and the industrial sector; or
(ii) any other matter on which information or advice may reasonably be required by the Minister in conjunction with information or advice in respect of a matter referred to in subparagraph (i); and
(c) on its own motion, but subject to subsection (3), to inquire into, and provide information and advice to the Minister with respect to, any matter referred to in subparagraph (b)(i) or (ii); and
(d) to prepare and give reports to the Minister under section 30.
(3) The Council may perform a function under paragraph (1)(c) only if the performance of that function does not prejudice the performance of its functions under paragraphs (1)(a) or (b).
(1) The Minister may, by notice in writing to the Council, give directions or furnish guidelines to the Council with respect to the performance of the functions of the Council. (3) The Council shall comply with any direction or guideline given or furnished to it under subsection (1). (3A) The Minister must cause a copy of any direction or guideline given under subsection (1) to be laid as soon as practicable before each House of the Parliament. (4) In the performance of its functions under this Part, the Council shall have regard to any advice given by a Counsellor to the Council under section 57.
(1) As soon as practicable after the end of each financial year, the Council must prepare and give to the Minister a report on the operations of the Council during that year. (2) Without limiting the matters that may be included in a report under subsection (1), the report must include information about:
(a) the matters referred by the Minister to the Council, the reports prepared by the Council on those matters and the persons, bodies and authorities (if any) consulted by the Council in preparing those reports; and
(b) the matters in relation to which the Council gave information and advice to the Minister on its own motion.
(3) In addition to the report referred to in subsection (1), the Council must give to the Minister such reports relating to the performance of its functions as the Minister requires and may give such other reports as the Council thinks fit. (4) Without limiting subsection (3), the Council must, at such times and in respect of such periods as the Minister directs, give to the Minister reports on the matters referred to it by the Minister. (5) The Minister must cause a copy of each report given under this section to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister received the report. (6) If a report under subsection (1) relates to the financial year in which the Employment, Education and Training Amendment Act 2000 commenced, it need not deal with the part of the financial year preceding that commencement.
(1) The Council has power to do all things necessary or convenient to be done for or in connection with the performance of its functions. (2) Without limiting the generality of subsection (1), the Council:
(a) may invite members of the public to make comments or submissions in relation to any matter referred to the Council by the Minister; and
(b) may consult with such persons, bodies or authorities as the Council thinks necessary.
(1) The Council consists of the following members:
(a) a Chairperson; and
(b) not less than 8 and not more than 10 other persons appointed by the Minister on a part‑time basis.
(3) The Minister may appoint an officer or employee of the Australian Public Service to be a member of the Council if the Minister is of the opinion that it will be to the advantage of the Council to have as a member such an officer or employee. (4) The Governor‑General appoints the Chairperson of the Council. The appointment may be on a full‑time or part‑time basis. (4A) The Minister may appoint a member of the Council to be the Deputy Chairperson of the Council. The appointment may only be on a part‑time basis. (5) A member of the Council:
(a) shall be appointed for such period, not exceeding 3 years, as is specified in the instrument of appointment; and
(b) is eligible for re‑appointment.
(7) A person appointed as Counsellor under section 57 may be appointed to be a member of the Council.
(1) Subject to subsection (2), the Minister may appoint a person to act as a member (other than the Chairperson) of the Council:
(a) during a vacancy in the office of that member, whether or not an appointment has previously been made to that office; or
(b) during any period, or during all periods, when that member is absent from duty or from Australia or is, for any other reason (including the reason that the member is acting as the Chairperson), unable to perform the duties of the office of member;
but a person appointed to act during a vacancy is not to continue in that office for more than 12 months. (2) If the Minister has appointed a member to be the Deputy Chairperson of the Council, the Minister may appoint the Deputy Chairperson (or the member acting as Deputy Chairperson) to act as Chairperson of the Council:
(a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office of Chairperson.
Note: See section 33A of the Acts Interpretation Act 1901 regarding acting appointments.
(2A) If the Minister has appointed a member of the Council to be the Deputy Chairperson of the Council, the Minister may appoint a member of the Council to act as Deputy Chairperson of the Council during any period, or during all periods, when the Deputy Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office of Deputy Chairperson.
Note: See section 33A of the Acts Interpretation Act 1901 regarding acting appointments.
(3) Anything done by or in relation to a person purporting to act under subsection (1), (2) or (2A) is not invalid on the ground that:
(a) the occasion for the person’s appointment had not arisen;
(b) there was a defect or irregularity in connection with the person’s appointment;
(c) the person’s appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.
The appointment of a person as a member of the Council is not invalid because of a defect or irregularity in connection with the appointment.
(1) The Minister or the Chairperson of the Council may convene meetings of the Council as the Minister or Chairperson considers necessary for the efficient performance of the Council’s functions. (2) A meeting is to be held at a place determined by the Chairperson. (3) The Chairperson presides at all meetings at which he or she is present. (4) If the Chairperson is not present at a meeting:
(a) if a Deputy Chairperson has been appointed and he or she is present at the meeting—the Deputy Chairperson presides at the meeting; or
(b) if paragraph (a) does not apply—the members present appoint one of their number to preside at the meeting.
(5) Subject to this Act, the person presiding at a meeting may give directions regarding the procedure to be followed in connection with that meeting. (6) At a meeting of the Council:
(a) a majority of the members of the Council constitutes a quorum; and
(b) all questions are decided by a majority of votes of the members present and voting; and
(c) the person presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
(7) If a member is not present when the Council is deliberating about a matter (because the member is excluded under subsection 60(2) from being so present), then, for the purposes of ascertaining whether the members present during the deliberation constitute a quorum, the excluded member is taken to be present during the deliberation. (8) If a majority of the members of the Council sign a document containing a statement that they are in favour of a resolution in terms set out in the document, a resolution in those terms is taken to have been passed at a duly constituted meeting of the Council held on the day on which the document was signed, or, if the members sign the document on different days, on the last of those days. (9) For the purposes of subsection (8), 2 or more separate documents containing statements in identical terms each of which is signed by one or more members are together taken to be one document containing a statement of those terms signed by those members on the respective days on which they signed the separate documents. (10) A person other than a member may, with the approval of the Council, take part in any discussions at a meeting of the Council but the person cannot vote on any question arising for decision at the meeting. (11) The Council must keep records of its meetings.
In respect of matters not provided for by this Act:
(a) the Chairperson of the Council holds office on the terms and conditions (if any) determined in writing by the Governor‑General; and
(b) a member, other than the Chairperson, holds office on the terms and conditions (if any) determined in writing by the Minister.
(1) If the Chairperson of the Council is appointed on a full‑time basis, he or she may not, except with the approval of the Minister, engage in paid employment outside the duties of his or her office. (2) A member of the Council appointed on a part‑time basis may not engage in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of the functions of the member.
(1) The Chairperson, the Deputy Chairperson (if one is appointed) and the other members of the Council are to be paid the remuneration determined by the Remuneration Tribunal, but, if no determination by the Tribunal of a member’s remuneration is in effect, the member is to be paid such remuneration as is prescribed. (2) A member is to be paid such allowances as are prescribed. (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.
(1) The Chairperson of the Council appointed on a full‑time basis has the recreation leave entitlements determined by the Remuneration Tribunal. (2) The Minister may:
(a) if the Chairperson of the Council is appointed on a full‑time basis—grant the Chairperson leave of absence (other than recreation leave) on terms and conditions as to remuneration or otherwise determined by the Minister; and
(b) grant a part‑time member leave to be absent from a meeting or meetings of the Council.
(1) The Chairperson of the Council may resign from office by writing signed by him or her and delivered to the Governor‑General. (2) The Deputy Chairperson of the Council (if one was appointed) may resign from office by writing signed by him or her and delivered to the Minister. (3) A member of the Council (other than the Chairperson) may resign from office by writing signed by the member and delivered to the Minister.
(1) The Governor‑General may, with the consent of the Chairperson, retire the Chairperson of the Council from office on the ground of invalidity. (2) The Minister may, with the consent of the Deputy Chairperson, retire the Deputy Chairperson of the Council (if one was appointed) from office on the ground of invalidity. (3) The Minister may, with the consent of the member, retire a member of the Council (other than the Chairperson) from office on the ground of invalidity.
(1) The Governor‑General may end the appointment of the Chairperson of the Council for misbehaviour or physical or mental incapacity. (2) The Governor‑General must end the appointment of the Chairperson of the Council if the Chairperson:
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for the benefit of those creditors; or
(b) fails, without reasonable excuse, to comply with an obligation imposed by section 60; or
(c) in the case of the Chairperson appointed on a full‑time basis:
(i) engages, without the approval of the Minister, in any paid employment outside the duties of his or her office; or
(ii) is absent from duty, except on leave of absence, for a reason other than the Chairperson’s illness, for 14 consecutive days or for 28 days in any period of 12 months; or
(d) in the case of the Chairperson appointed on a part‑time basis:
(i) engages in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of his or her functions; or
(ii) is absent, except on leave of absence granted under section 35C, from 3 consecutive meetings of the Council.
(1) The Minister may end the appointment of a member of the Council (other than the Chairperson) for misbehaviour or physical or mental incapacity. (2) The Minister must end the appointment of a member of the Council (other than the Chairperson) if the member:
(a) becomes bankrupt, applies to take the benefit of law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for the benefit of those creditors; or
(b) fails, without reasonable excuse, to comply with an obligation imposed by section 60; or
(c) engages in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of his or her functions; or
(d) is absent, except on leave of absence granted under section 35C, from 3 consecutive meetings of the Council.
(3) The Minister may, at any time and for any reason, end the appointment of a member of the Council appointed under subsection 32(3).
(1) The Minister may establish a committee to assist the Council in carrying out its functions in relation to such matters as are approved by the Minister. (2) The Minister may at any time dissolve a committee.
(1) Subject to the approval of the Minister, a committee is to consist of such members as are appointed by the Council. (2) A committee may:
(a) consist wholly of persons who are members of the Council; or
(b) comprise at least one person referred to in paragraph (a) and persons other than persons referred to in that paragraph.
(3) A member of a committee:
(a) holds office for such period as is specified in the instrument of appointment; and
(b) is eligible for re‑appointment.
(4) A member of a committee may resign office by writing signed by the member and delivered to the Council. (5) The Council may, at any time, with the approval of the Minister, terminate the appointment of a member of a committee.
(1) The functions of a committee established to assist the Council in connection with any matter are to make such enquiries and give such reports, with respect to that matter, as the Council directs. (2) The Minister may specify the other functions of a committee after consulting with the Chairperson of the Council.
A member of a committee holds office on such terms and conditions (if any), in respect of matters not provided for by this Act (including remuneration and allowances), as are determined in writing by the Minister.
The Minister may approve, for the purposes of this Part, innovative or curriculum projects.
(1) The Minister may grant financial assistance to a person, body or institution or to a State for the purpose of enabling the grantee to carry out an innovative or curriculum project approved by the Minister under section 51. (2) Where the Minister makes a grant of financial assistance under this section, the Minister shall:
(a) determine the amount of the grant or the manner in which that amount may be ascertained;
(b) determine:
(i) whether the amount of the grant shall be paid in a lump sum or by instalments; and
(ii) the time at which the lump sum or each instalment, as the case may be, is to be paid; and
(c) specify the terms and conditions (if any) subject to which the grant is made.
The Minister may, at such time, and subject to such terms and conditions, as the Minister determines, make an advance on account of an amount of financial assistance payable to a person under this Part.
Payments (including advances) under this Part shall be made out of moneys appropriated by the Parliament for the purposes of this Part.
(1) There shall be a Director responsible for the provision of the administrative services necessary to assist the Council in the performance of its functions. (2) The Director shall be engaged under the Public Service Act 1999 and shall be appointed by the Secretary of the Department after consultation with the Chairperson of the Council. (3) In the discharge of his or her duties, the Director shall act in accordance with any policies determined, and any directions given, by the Council. (4) The Minister may resolve any conflict between any of the policies determined, and the directions given to the Director, by the Council under subsection (3).
The staff required to provide the services referred to in subsection 55(1) shall consist of persons engaged under the Public Service Act 1999.
(1) The Minister may, after consultation with the Chairperson of the Council, appoint such Counsellors as the Minister thinks necessary for the purpose of giving advice to the Council on matters relating to the functions of the Council. (2) A Counsellor appointed under subsection (1) shall give advice on such matters as are referred to him or her, in writing, by the Council. (3) A Counsellor:
(a) shall be appointed for such period, not exceeding 3 years, as is specified in the instrument of appointment; and
(b) is eligible for re‑appointment.
(4) The Minister may, at any time, terminate the appointment of a Counsellor.
(1) A Counsellor shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, a Counsellor shall be paid such remuneration as is prescribed. (2) A Counsellor shall be paid such allowances as are prescribed. (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.
A Counsellor holds office on such terms and conditions (if any), in respect of matters not provided for by this Act, as are determined in writing by the Minister.
(1) A member of a the Council or a committee established under section 36 (the body) who has a direct or indirect pecuniary interest in a matter being considered by the body shall, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the body. (2) The disclosure is to be recorded in the minutes of the meeting of the body and, subject to subsection (2A), the member must not:
(a) be present during any deliberation of the body with respect to the matter; or
(b) take any part in any decision of the body with respect to the matter.
(2A) A determination that paragraphs (2)(a) and (b) do not apply in relation to the member may be made by:
(a) the body; or
(b) if the body is the Council—the Minister; or
(c) if the body is a committee—the Council.
(3) For the purposes of the making of a determination by the body under subsection (2A) in relation to a member who has made a disclosure under subsection (1), a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates shall not:
(a) be present during any deliberation of the body for the purposes of making the determination; or
(b) take part in the making by the body of the determination.
(1) The Council may request the Department, in writing, to furnish to it information specified in the request, being information that the Council reasonably requires for the proper performance of its functions and believes to be in the possession, or under the control, of the Department. (2) Where:
(a) the Department refuses or fails to furnish to the Council, within a reasonable time, information that it has been requested to furnish under subsection (1); and
(b) the Council is of the opinion that the refusal or failure is unreasonable;
the Council may report the refusal or failure to the Minister. (3) The Minister shall cause a copy of a report received by him or her under subsection (2) to be laid before each House of the Parliament within 15 sitting days of the House after the day on which the Minister received the report.
(1) The Minister may delegate to the Chairperson of the Council all or any of his or her powers to grant leave of absence (other than leave of absence to the Chairperson of the Council) under this Act. (2) The Minister may delegate to:
(a) the Chairperson of the Council; or
(b) the Secretary, or an officer, of the Department;
all or any of his or her powers relating to the making of grants of financial assistance under Part VII. (3) The Minister may delegate his or her power under subsection 55(4) to the Secretary of the Department.
(1) The Minister shall, before 30 June 2000, cause a review to be conducted of the operations of the Council. (2) Any report on the findings of the review shall be laid by the Minister before each House of the Parliament within 15 sitting days of that House after the receipt of a report by the Minister.
The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(1) In this Part:
commencement day means the day on which this Act commences.
defunct body means:
(a) the Commonwealth Schools Commission established by section 4 of the Commonwealth Schools Commission Act 1973;
(b) the Curriculum Development Council established by section 14B of the Commonwealth Schools Commission Act 1973; or
(c) the Commonwealth Tertiary Education Commission established by section 6 of the Commonwealth Tertiary Education Commission Act 1977.
(2) Any reference in this Part to one of the Acts repealed by section 68 is a reference to that Act as amended and in force immediately before the commencement day.
The Acts specified in Schedule 2 are amended as set out in that Schedule.
(1) The Regulations specified in Schedule 3 are amended as set out in that Schedule. (2) The amendment, by this section, of the Regulations specified in Schedule 3 does not prevent the amendment or repeal, by regulation, of those Regulations as amended by this section.
The following Acts are repealed:
(a) the Commonwealth Employment Service Act 1978;
(b) the Commonwealth Schools Commission Act 1973;
(c) the Commonwealth Tertiary Education Commission Act 1977.
(1) The Minister shall, as soon as practicable after the commencement day, cause to be prepared:
(a) a report of the kind referred to in subsection 17A(1) of the Commonwealth Schools Commission Act 1973 in respect of the period commencing at the expiration of the last period in respect of which a report was furnished to the Minister under that subsection and ending immediately before the commencement day; and
(b) a report relating to the performance of the functions of the Commonwealth Tertiary Education Commission during the period commencing at the expiration of the last period in respect of which such a report was furnished to the Minister under subsection 43A(1) of the Commonwealth Tertiary Education Commission Act 1977 and ending immediately before the commencement day.
(2) The Secretary of the Department shall cause to be prepared, and submit to the Minister together with the report on the operations of the Department that the Secretary first submits, after the commencement day, under section 63 of the Public Service Act 1999:
(a) a report on the operations of the Commonwealth Employment Service during the period commencing on the expiration of the last period in respect of which such a report was furnished to the Minister under section 22 of the Commonwealth Employment Service Act 1978 and ending immediately before the commencement day; and
(b) a report on the performance by the Committees established under Part IV of the Commonwealth Employment Service Act 1978 during the period referred to in paragraph (a).
(3) The Minister shall cause copies of each report prepared under subsection (1) or (2) to be laid before each House of the Parliament within 15 sitting days of that House after receipt by the Minister of the report.
(1) On the commencement day:
(a) any rights, property or assets (including records and documents) that, immediately before that day, were vested in a defunct body vest, by force of this subsection, in the Commonwealth; and
(b) the Commonwealth becomes, by force of this subsection, liable to pay or discharge any debts, liabilities or obligations of the defunct body that existed immediately before that day.
(2) Any contract to which a defunct body was a party immediately before the commencement day has effect on and after that day as if:
(a) the Commonwealth were substituted for the defunct body as a party to the contract; and
(b) a reference in the contract to the defunct body were (except in relation to matters that occurred before that day) a reference to the Commonwealth.
(3) If, immediately before the commencement day, proceedings to which a defunct body was a party were pending in a court or tribunal, the Commonwealth is, on that day, by force of this subsection, substituted for the defunct body as a party to the proceedings and has the same rights in the proceedings as the party for which it is substituted.
Amounts not exceeding in the aggregate the sum of:
(a) any moneys of a defunct body that vest in the Commonwealth by force of paragraph 70(1)(a); and
(b) any moneys appropriated by an Act before the commencement day for purposes related to the defunct body, being moneys that have not been paid to the defunct body before the commencement day and the appropriation of which has not lapsed;
are payable out of the Consolidated Revenue Fund for the purpose of expenditure by the Department:
(c) in the payment of discharge of debts, liabilities and obligations of the defunct body in respect of which the Commonwealth becomes liable by virtue of paragraph 70(1)(b); and
(d) in the making of payments required to be made under contracts to which the defunct body was a party immediately before the commencement day;
and the Consolidated Revenue Fund is appropriated accordingly.
An instrument or document that the Secretary of the Department, or an officer of the Department authorised by the Secretary for the purpose, certifies to have been made, executed or given by reason of, or for a purpose connected with or arising out of, the operation of this Part is not liable to stamp duty or other tax under a law of the Commonwealth or of a State or Territory.
An Act relating to employment, education and training, and for other purposes
This Act may be cited as the Employment, Education and Training Act 1988.
This Act commences on a day to be fixed by Proclamation.
(1) In this Act, unless the contrary intention appears:
Council means the Australian Research Council established by section 23.
curricula means courses of study, and methods and procedures, for use in or in connection with teaching or learning in schools or tertiary institutions.
curriculum project means a project involving:
(a) research in relation to, or the development of, curricula or educational materials; or
(b) the publication of educational materials.
educational materials means materials or equipment (including books) for use in or in connection with teaching or learning in schools or tertiary institutions.
higher education institution means an institution specified in a Table in subsection 4(1) of the Higher Education Funding Act 1988.
innovative project means a project (not being a curriculum project) aimed at bringing diversity or innovation, or designed to test new approaches or techniques, in a field to which the project is relevant.
school means:
(a) a school or similar institution at which full‑time primary education or full‑time secondary education, or both, is or are provided; or
(b) a school or similar institution at which education is provided that includes full‑time primary education or full‑time secondary education, or both.
State includes the Northern Territory.
technical and further education means education provided by way of a course of instruction or training that is, or that is preparatory to, a course of a kind relevant to a trade, technical or other skilled occupation or that otherwise meets educational needs, other than:
(a) education provided at a higher education institution, not being education provided by way of a course declared by the Minister, in writing, to be a course of technical and further education; or
(b) primary or secondary education provided by way of a full‑time course in a school.
technical and further education institution means:
(a) any institution (other than a higher education institution or a school) that provides technical and further education, being:
(i) an institution in a State conducted by or on behalf of the government of the State; or
(ii) an institution in a Territory (other than an institution declared by the Minister, in writing, not to be an institution to which this subparagraph applies) conducted by or on behalf of the government of the Commonwealth; or
(b) an institution, proposed institution, body, authority or instrumentality that, by virtue of a declaration under section 5, is a technical and further education institution for the purposes of this Act.
Territory does not include:
(a) the Northern Territory; or
(b) any external Territory other than a prescribed external Territory.
tertiary institution means:
(a) a higher education institution; or
(b) a technical and further education institution.
(2) For the purposes of this Act, a residential college or a proposed residential college connected with a tertiary institution shall be deemed to be part of that institution.
The Minister may declare, in writing, that:
(a) a proposed institution in Australia (other than a higher education institution or a school) specified in the declaration, being an institution at which it is proposed that technical and further education will be provided;
(b) a body, authority or instrumentality (other than a body, authority or instrumentality conducted for the profit, direct or indirect, of an individual or individuals) specified in the declaration, being a body, authority or instrumentality that provides in Australia technical and further education; or
(c) an institution in Australia (other than a higher education institution, a school or an institution conducted for the profit, direct or indirect, of an individual or individuals) specified in the declaration, being an institution that provides technical and further education;
is, for the purposes of this Act, a technical and further education institution.
The Australian Research Council is established.
(1) The functions of the Australian Research Council are:
(a) to make recommendations, in writing, to the Minister with respect to:
(i) the distribution of resources allocated to any research scheme referred, in writing, to the Council by the Minister for the purposes of this section; and
(ii) the administrative and other costs directly associated with that scheme; and
(b) to inquire into, and to provide information and advice to the Minister with respect to, any matter referred to the Council by the Minister, being:
(i) a matter relating to national research priorities or the co‑ordination of research policy and, in particular, but without limiting the generality of the foregoing, a matter relating to:
(A) the support to be given to fundamental research and to research that will contribute directly to the economic or social development of Australia;
(B) the development and implementation of research programs, or the establishment and maintenance of special research centres or key centres of teaching and research, by institutions and the allocation of funds to achieve an appropriate concentration of research effort in institutions;
(C) measures (including the implementation of programs for post‑graduates and the grant of post‑graduate scholarships) aimed at enhancing the training of research personnel; or
(D) measures aimed at improving interaction among the higher education sector, the private research sector, the government research sector and the industrial sector; or
(ii) any other matter on which information or advice may reasonably be required by the Minister in conjunction with information or advice in respect of a matter referred to in subparagraph (i); and
(c) on its own motion, but subject to subsection (3), to inquire into, and provide information and advice to the Minister with respect to, any matter referred to in subparagraph (b)(i) or (ii); and
(d) to prepare and give reports to the Minister under section 30.
(3) The Council may perform a function under paragraph (1)(c) only if the performance of that function does not prejudice the performance of its functions under paragraphs (1)(a) or (b).
(1) The Minister may, by notice in writing to the Council, give directions or furnish guidelines to the Council with respect to the performance of the functions of the Council. (3) The Council shall comply with any direction or guideline given or furnished to it under subsection (1). (3A) The Minister must cause a copy of any direction or guideline given under subsection (1) to be laid as soon as practicable before each House of the Parliament. (4) In the performance of its functions under this Part, the Council shall have regard to any advice given by a Counsellor to the Council under section 57.
(1) As soon as practicable after the end of each financial year, the Council must prepare and give to the Minister a report on the operations of the Council during that year. (2) Without limiting the matters that may be included in a report under subsection (1), the report must include information about:
(a) the matters referred by the Minister to the Council, the reports prepared by the Council on those matters and the persons, bodies and authorities (if any) consulted by the Council in preparing those reports; and
(b) the matters in relation to which the Council gave information and advice to the Minister on its own motion.
(3) In addition to the report referred to in subsection (1), the Council must give to the Minister such reports relating to the performance of its functions as the Minister requires and may give such other reports as the Council thinks fit. (4) Without limiting subsection (3), the Council must, at such times and in respect of such periods as the Minister directs, give to the Minister reports on the matters referred to it by the Minister. (5) The Minister must cause a copy of each report given under this section to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister received the report. (6) If a report under subsection (1) relates to the financial year in which the Employment, Education and Training Amendment Act 2000 commenced, it need not deal with the part of the financial year preceding that commencement.
(1) The Council has power to do all things necessary or convenient to be done for or in connection with the performance of its functions. (2) Without limiting the generality of subsection (1), the Council:
(a) may invite members of the public to make comments or submissions in relation to any matter referred to the Council by the Minister; and
(b) may consult with such persons, bodies or authorities as the Council thinks necessary.
(1) The Council consists of the following members:
(a) a Chairperson; and
(b) not less than 8 and not more than 10 other persons appointed by the Minister on a part‑time basis.
(3) The Minister may appoint an officer or employee of the Australian Public Service to be a member of the Council if the Minister is of the opinion that it will be to the advantage of the Council to have as a member such an officer or employee. (4) The Governor‑General appoints the Chairperson of the Council. The appointment may be on a full‑time or part‑time basis. (4A) The Minister may appoint a member of the Council to be the Deputy Chairperson of the Council. The appointment may only be on a part‑time basis. (5) A member of the Council:
(a) shall be appointed for such period, not exceeding 3 years, as is specified in the instrument of appointment; and
(b) is eligible for re‑appointment.
(7) A person appointed as Counsellor under section 57 may be appointed to be a member of the Council.
(1) Subject to subsection (2), the Minister may appoint a person to act as a member (other than the Chairperson) of the Council:
(a) during a vacancy in the office of that member, whether or not an appointment has previously been made to that office; or
(b) during any period, or during all periods, when that member is absent from duty or from Australia or is, for any other reason (including the reason that the member is acting as the Chairperson), unable to perform the duties of the office of member;
but a person appointed to act during a vacancy is not to continue in that office for more than 12 months. (2) If the Minister has appointed a member to be the Deputy Chairperson of the Council, the Minister may appoint the Deputy Chairperson (or the member acting as Deputy Chairperson) to act as Chairperson of the Council:
(a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office of Chairperson.
Note: See section 33A of the Acts Interpretation Act 1901 regarding acting appointments.
(2A) If the Minister has appointed a member of the Council to be the Deputy Chairperson of the Council, the Minister may appoint a member of the Council to act as Deputy Chairperson of the Council during any period, or during all periods, when the Deputy Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office of Deputy Chairperson.
Note: See section 33A of the Acts Interpretation Act 1901 regarding acting appointments.
(3) Anything done by or in relation to a person purporting to act under subsection (1), (2) or (2A) is not invalid on the ground that:
(a) the occasion for the person’s appointment had not arisen;
(b) there was a defect or irregularity in connection with the person’s appointment;
(c) the person’s appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.
The appointment of a person as a member of the Council is not invalid because of a defect or irregularity in connection with the appointment.
(1) The Minister or the Chairperson of the Council may convene meetings of the Council as the Minister or Chairperson considers necessary for the efficient performance of the Council’s functions. (2) A meeting is to be held at a place determined by the Chairperson. (3) The Chairperson presides at all meetings at which he or she is present. (4) If the Chairperson is not present at a meeting:
(a) if a Deputy Chairperson has been appointed and he or she is present at the meeting—the Deputy Chairperson presides at the meeting; or
(b) if paragraph (a) does not apply—the members present appoint one of their number to preside at the meeting.
(5) Subject to this Act, the person presiding at a meeting may give directions regarding the procedure to be followed in connection with that meeting. (6) At a meeting of the Council:
(a) a majority of the members of the Council constitutes a quorum; and
(b) all questions are decided by a majority of votes of the members present and voting; and
(c) the person presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
(7) If a member is not present when the Council is deliberating about a matter (because the member is excluded under subsection 60(2) from being so present), then, for the purposes of ascertaining whether the members present during the deliberation constitute a quorum, the excluded member is taken to be present during the deliberation. (8) If a majority of the members of the Council sign a document containing a statement that they are in favour of a resolution in terms set out in the document, a resolution in those terms is taken to have been passed at a duly constituted meeting of the Council held on the day on which the document was signed, or, if the members sign the document on different days, on the last of those days. (9) For the purposes of subsection (8), 2 or more separate documents containing statements in identical terms each of which is signed by one or more members are together taken to be one document containing a statement of those terms signed by those members on the respective days on which they signed the separate documents. (10) A person other than a member may, with the approval of the Council, take part in any discussions at a meeting of the Council but the person cannot vote on any question arising for decision at the meeting. (11) The Council must keep records of its meetings.
In respect of matters not provided for by this Act:
(a) the Chairperson of the Council holds office on the terms and conditions (if any) determined in writing by the Governor‑General; and
(b) a member, other than the Chairperson, holds office on the terms and conditions (if any) determined in writing by the Minister.
(1) If the Chairperson of the Council is appointed on a full‑time basis, he or she may not, except with the approval of the Minister, engage in paid employment outside the duties of his or her office. (2) A member of the Council appointed on a part‑time basis may not engage in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of the functions of the member.
(1) The Chairperson, the Deputy Chairperson (if one is appointed) and the other members of the Council are to be paid the remuneration determined by the Remuneration Tribunal, but, if no determination by the Tribunal of a member’s remuneration is in effect, the member is to be paid such remuneration as is prescribed. (2) A member is to be paid such allowances as are prescribed. (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.
(1) The Chairperson of the Council appointed on a full‑time basis has the recreation leave entitlements determined by the Remuneration Tribunal. (2) The Minister may:
(a) if the Chairperson of the Council is appointed on a full‑time basis—grant the Chairperson leave of absence (other than recreation leave) on terms and conditions as to remuneration or otherwise determined by the Minister; and
(b) grant a part‑time member leave to be absent from a meeting or meetings of the Council.
(1) The Chairperson of the Council may resign from office by writing signed by him or her and delivered to the Governor‑General. (2) The Deputy Chairperson of the Council (if one was appointed) may resign from office by writing signed by him or her and delivered to the Minister. (3) A member of the Council (other than the Chairperson) may resign from office by writing signed by the member and delivered to the Minister.
(1) The Governor‑General may, with the consent of the Chairperson, retire the Chairperson of the Council from office on the ground of invalidity. (2) The Minister may, with the consent of the Deputy Chairperson, retire the Deputy Chairperson of the Council (if one was appointed) from office on the ground of invalidity. (3) The Minister may, with the consent of the member, retire a member of the Council (other than the Chairperson) from office on the ground of invalidity.
(1) The Governor‑General may end the appointment of the Chairperson of the Council for misbehaviour or physical or mental incapacity. (2) The Governor‑General must end the appointment of the Chairperson of the Council if the Chairperson:
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for the benefit of those creditors; or
(b) fails, without reasonable excuse, to comply with an obligation imposed by section 60; or
(c) in the case of the Chairperson appointed on a full‑time basis:
(i) engages, without the approval of the Minister, in any paid employment outside the duties of his or her office; or
(ii) is absent from duty, except on leave of absence, for a reason other than the Chairperson’s illness, for 14 consecutive days or for 28 days in any period of 12 months; or
(d) in the case of the Chairperson appointed on a part‑time basis:
(i) engages in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of his or her functions; or
(ii) is absent, except on leave of absence granted under section 35C, from 3 consecutive meetings of the Council.
(1) The Minister may end the appointment of a member of the Council (other than the Chairperson) for misbehaviour or physical or mental incapacity. (2) The Minister must end the appointment of a member of the Council (other than the Chairperson) if the member:
(a) becomes bankrupt, applies to take the benefit of law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for the benefit of those creditors; or
(b) fails, without reasonable excuse, to comply with an obligation imposed by section 60; or
(c) engages in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of his or her functions; or
(d) is absent, except on leave of absence granted under section 35C, from 3 consecutive meetings of the Council.
(3) The Minister may, at any time and for any reason, end the appointment of a member of the Council appointed under subsection 32(3).
(1) The Minister may establish a committee to assist the Council in carrying out its functions in relation to such matters as are approved by the Minister. (2) The Minister may at any time dissolve a committee.
(1) Subject to the approval of the Minister, a committee is to consist of such members as are appointed by the Council. (2) A committee may:
(a) consist wholly of persons who are members of the Council; or
(b) comprise at least one person referred to in paragraph (a) and persons other than persons referred to in that paragraph.
(3) A member of a committee:
(a) holds office for such period as is specified in the instrument of appointment; and
(b) is eligible for re‑appointment.
(4) A member of a committee may resign office by writing signed by the member and delivered to the Council. (5) The Council may, at any time, with the approval of the Minister, terminate the appointment of a member of a committee.
(1) The functions of a committee established to assist the Council in connection with any matter are to make such enquiries and give such reports, with respect to that matter, as the Council directs. (2) The Minister may specify the other functions of a committee after consulting with the Chairperson of the Council.
A member of a committee holds office on such terms and conditions (if any), in respect of matters not provided for by this Act (including remuneration and allowances), as are determined in writing by the Minister.
The Minister may approve, for the purposes of this Part, innovative or curriculum projects.
(1) The Minister may grant financial assistance to a person, body or institution or to a State for the purpose of enabling the grantee to carry out an innovative or curriculum project approved by the Minister under section 51. (2) Where the Minister makes a grant of financial assistance under this section, the Minister shall:
(a) determine the amount of the grant or the manner in which that amount may be ascertained;
(b) determine:
(i) whether the amount of the grant shall be paid in a lump sum or by instalments; and
(ii) the time at which the lump sum or each instalment, as the case may be, is to be paid; and
(c) specify the terms and conditions (if any) subject to which the grant is made.
The Minister may, at such time, and subject to such terms and conditions, as the Minister determines, make an advance on account of an amount of financial assistance payable to a person under this Part.
Payments (including advances) under this Part shall be made out of moneys appropriated by the Parliament for the purposes of this Part.
(1) There shall be a Director responsible for the provision of the administrative services necessary to assist the Council in the performance of its functions. (2) The Director shall be engaged under the Public Service Act 1999 and shall be appointed by the Secretary of the Department after consultation with the Chairperson of the Council. (3) In the discharge of his or her duties, the Director shall act in accordance with any policies determined, and any directions given, by the Council. (4) The Minister may resolve any conflict between any of the policies determined, and the directions given to the Director, by the Council under subsection (3).
The staff required to provide the services referred to in subsection 55(1) shall consist of persons engaged under the Public Service Act 1999.
(1) The Minister may, after consultation with the Chairperson of the Council, appoint such Counsellors as the Minister thinks necessary for the purpose of giving advice to the Council on matters relating to the functions of the Council. (2) A Counsellor appointed under subsection (1) shall give advice on such matters as are referred to him or her, in writing, by the Council. (3) A Counsellor:
(a) shall be appointed for such period, not exceeding 3 years, as is specified in the instrument of appointment; and
(b) is eligible for re‑appointment.
(4) The Minister may, at any time, terminate the appointment of a Counsellor.
(1) A Counsellor shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, a Counsellor shall be paid such remuneration as is prescribed. (2) A Counsellor shall be paid such allowances as are prescribed. (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.
A Counsellor holds office on such terms and conditions (if any), in respect of matters not provided for by this Act, as are determined in writing by the Minister.
(1) A member of a the Council or a committee established under section 36 (the body) who has a direct or indirect pecuniary interest in a matter being considered by the body shall, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the body. (2) The disclosure is to be recorded in the minutes of the meeting of the body and, subject to subsection (2A), the member must not:
(a) be present during any deliberation of the body with respect to the matter; or
(b) take any part in any decision of the body with respect to the matter.
(2A) A determination that paragraphs (2)(a) and (b) do not apply in relation to the member may be made by:
(a) the body; or
(b) if the body is the Council—the Minister; or
(c) if the body is a committee—the Council.
(3) For the purposes of the making of a determination by the body under subsection (2A) in relation to a member who has made a disclosure under subsection (1), a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates shall not:
(a) be present during any deliberation of the body for the purposes of making the determination; or
(b) take part in the making by the body of the determination.
(1) The Council may request the Department, in writing, to furnish to it information specified in the request, being information that the Council reasonably requires for the proper performance of its functions and believes to be in the possession, or under the control, of the Department. (2) Where:
(a) the Department refuses or fails to furnish to the Council, within a reasonable time, information that it has been requested to furnish under subsection (1); and
(b) the Council is of the opinion that the refusal or failure is unreasonable;
the Council may report the refusal or failure to the Minister. (3) The Minister shall cause a copy of a report received by him or her under subsection (2) to be laid before each House of the Parliament within 15 sitting days of the House after the day on which the Minister received the report.
(1) The Minister may delegate to the Chairperson of the Council all or any of his or her powers to grant leave of absence (other than leave of absence to the Chairperson of the Council) under this Act. (2) The Minister may delegate to:
(a) the Chairperson of the Council; or
(b) the Secretary, or an officer, of the Department;
all or any of his or her powers relating to the making of grants of financial assistance under Part VII. (3) The Minister may delegate his or her power under subsection 55(4) to the Secretary of the Department.
(1) The Minister shall, before 30 June 2000, cause a review to be conducted of the operations of the Council. (2) Any report on the findings of the review shall be laid by the Minister before each House of the Parliament within 15 sitting days of that House after the receipt of a report by the Minister.
The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(1) In this Part:
commencement day means the day on which this Act commences.
defunct body means:
(a) the Commonwealth Schools Commission established by section 4 of the Commonwealth Schools Commission Act 1973;
(b) the Curriculum Development Council established by section 14B of the Commonwealth Schools Commission Act 1973; or
(c) the Commonwealth Tertiary Education Commission established by section 6 of the Commonwealth Tertiary Education Commission Act 1977.
(2) Any reference in this Part to one of the Acts repealed by section 68 is a reference to that Act as amended and in force immediately before the commencement day.
The Acts specified in Schedule 2 are amended as set out in that Schedule.
(1) The Regulations specified in Schedule 3 are amended as set out in that Schedule. (2) The amendment, by this section, of the Regulations specified in Schedule 3 does not prevent the amendment or repeal, by regulation, of those Regulations as amended by this section.
The following Acts are repealed:
(a) the Commonwealth Employment Service Act 1978;
(b) the Commonwealth Schools Commission Act 1973;
(c) the Commonwealth Tertiary Education Commission Act 1977.
(1) The Minister shall, as soon as practicable after the commencement day, cause to be prepared:
(a) a report of the kind referred to in subsection 17A(1) of the Commonwealth Schools Commission Act 1973 in respect of the period commencing at the expiration of the last period in respect of which a report was furnished to the Minister under that subsection and ending immediately before the commencement day; and
(b) a report relating to the performance of the functions of the Commonwealth Tertiary Education Commission during the period commencing at the expiration of the last period in respect of which such a report was furnished to the Minister under subsection 43A(1) of the Commonwealth Tertiary Education Commission Act 1977 and ending immediately before the commencement day.
(2) The Secretary of the Department shall cause to be prepared, and submit to the Minister together with the report on the operations of the Department that the Secretary first submits, after the commencement day, under section 63 of the Public Service Act 1999:
(a) a report on the operations of the Commonwealth Employment Service during the period commencing on the expiration of the last period in respect of which such a report was furnished to the Minister under section 22 of the Commonwealth Employment Service Act 1978 and ending immediately before the commencement day; and
(b) a report on the performance by the Committees established under Part IV of the Commonwealth Employment Service Act 1978 during the period referred to in paragraph (a).
(3) The Minister shall cause copies of each report prepared under subsection (1) or (2) to be laid before each House of the Parliament within 15 sitting days of that House after receipt by the Minister of the report.
(1) On the commencement day:
(a) any rights, property or assets (including records and documents) that, immediately before that day, were vested in a defunct body vest, by force of this subsection, in the Commonwealth; and
(b) the Commonwealth becomes, by force of this subsection, liable to pay or discharge any debts, liabilities or obligations of the defunct body that existed immediately before that day.
(2) Any contract to which a defunct body was a party immediately before the commencement day has effect on and after that day as if:
(a) the Commonwealth were substituted for the defunct body as a party to the contract; and
(b) a reference in the contract to the defunct body were (except in relation to matters that occurred before that day) a reference to the Commonwealth.
(3) If, immediately before the commencement day, proceedings to which a defunct body was a party were pending in a court or tribunal, the Commonwealth is, on that day, by force of this subsection, substituted for the defunct body as a party to the proceedings and has the same rights in the proceedings as the party for which it is substituted.
Amounts not exceeding in the aggregate the sum of:
(a) any moneys of a defunct body that vest in the Commonwealth by force of paragraph 70(1)(a); and
(b) any moneys appropriated by an Act before the commencement day for purposes related to the defunct body, being moneys that have not been paid to the defunct body before the commencement day and the appropriation of which has not lapsed;
are payable out of the Consolidated Revenue Fund for the purpose of expenditure by the Department:
(c) in the payment of discharge of debts, liabilities and obligations of the defunct body in respect of which the Commonwealth becomes liable by virtue of paragraph 70(1)(b); and
(d) in the making of payments required to be made under contracts to which the defunct body was a party immediately before the commencement day;
and the Consolidated Revenue Fund is appropriated accordingly.
An instrument or document that the Secretary of the Department, or an officer of the Department authorised by the Secretary for the purpose, certifies to have been made, executed or given by reason of, or for a purpose connected with or arising out of, the operation of this Part is not liable to stamp duty or other tax under a law of the Commonwealth or of a State or Territory.
The Australian Research Council is established.
(1) The functions of the Australian Research Council are:
(a) to make recommendations, in writing, to the Minister with respect to:
(i) the distribution of resources allocated to any research scheme referred, in writing, to the Council by the Minister for the purposes of this section; and
(ii) the administrative and other costs directly associated with that scheme; and
(b) to inquire into, and to provide information and advice to the Minister with respect to, any matter referred to the Council by the Minister, being:
(i) a matter relating to national research priorities or the co‑ordination of research policy and, in particular, but without limiting the generality of the foregoing, a matter relating to:
(A) the support to be given to fundamental research and to research that will contribute directly to the economic or social development of Australia;
(B) the development and implementation of research programs, or the establishment and maintenance of special research centres or key centres of teaching and research, by institutions and the allocation of funds to achieve an appropriate concentration of research effort in institutions;
(C) measures (including the implementation of programs for post‑graduates and the grant of post‑graduate scholarships) aimed at enhancing the training of research personnel; or
(D) measures aimed at improving interaction among the higher education sector, the private research sector, the government research sector and the industrial sector; or
(ii) any other matter on which information or advice may reasonably be required by the Minister in conjunction with information or advice in respect of a matter referred to in subparagraph (i); and
(c) on its own motion, but subject to subsection (3), to inquire into, and provide information and advice to the Minister with respect to, any matter referred to in subparagraph (b)(i) or (ii); and
(d) to prepare and give reports to the Minister under section 30.
(3) The Council may perform a function under paragraph (1)(c) only if the performance of that function does not prejudice the performance of its functions under paragraphs (1)(a) or (b).
(1) The Minister may, by notice in writing to the Council, give directions or furnish guidelines to the Council with respect to the performance of the functions of the Council. (3) The Council shall comply with any direction or guideline given or furnished to it under subsection (1). (3A) The Minister must cause a copy of any direction or guideline given under subsection (1) to be laid as soon as practicable before each House of the Parliament. (4) In the performance of its functions under this Part, the Council shall have regard to any advice given by a Counsellor to the Council under section 57.
(1) As soon as practicable after the end of each financial year, the Council must prepare and give to the Minister a report on the operations of the Council during that year. (2) Without limiting the matters that may be included in a report under subsection (1), the report must include information about:
(a) the matters referred by the Minister to the Council, the reports prepared by the Council on those matters and the persons, bodies and authorities (if any) consulted by the Council in preparing those reports; and
(b) the matters in relation to which the Council gave information and advice to the Minister on its own motion.
(3) In addition to the report referred to in subsection (1), the Council must give to the Minister such reports relating to the performance of its functions as the Minister requires and may give such other reports as the Council thinks fit. (4) Without limiting subsection (3), the Council must, at such times and in respect of such periods as the Minister directs, give to the Minister reports on the matters referred to it by the Minister. (5) The Minister must cause a copy of each report given under this section to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister received the report. (6) If a report under subsection (1) relates to the financial year in which the Employment, Education and Training Amendment Act 2000 commenced, it need not deal with the part of the financial year preceding that commencement.
(1) The Council has power to do all things necessary or convenient to be done for or in connection with the performance of its functions. (2) Without limiting the generality of subsection (1), the Council:
(a) may invite members of the public to make comments or submissions in relation to any matter referred to the Council by the Minister; and
(b) may consult with such persons, bodies or authorities as the Council thinks necessary.
An Act relating to employment, education and training, and for other purposes
This Act may be cited as the Employment, Education and Training Act 1988.
This Act commences on a day to be fixed by Proclamation.
(1) In this Act, unless the contrary intention appears:
Council means the Australian Research Council established by section 23.
curricula means courses of study, and methods and procedures, for use in or in connection with teaching or learning in schools or tertiary institutions.
curriculum project means a project involving:
(a) research in relation to, or the development of, curricula or educational materials; or
(b) the publication of educational materials.
educational materials means materials or equipment (including books) for use in or in connection with teaching or learning in schools or tertiary institutions.
higher education institution means an institution specified in a Table in subsection 4(1) of the Higher Education Funding Act 1988.
innovative project means a project (not being a curriculum project) aimed at bringing diversity or innovation, or designed to test new approaches or techniques, in a field to which the project is relevant.
school means:
(a) a school or similar institution at which full‑time primary education or full‑time secondary education, or both, is or are provided; or
(b) a school or similar institution at which education is provided that includes full‑time primary education or full‑time secondary education, or both.
State includes the Northern Territory.
technical and further education means education provided by way of a course of instruction or training that is, or that is preparatory to, a course of a kind relevant to a trade, technical or other skilled occupation or that otherwise meets educational needs, other than:
(a) education provided at a higher education institution, not being education provided by way of a course declared by the Minister, in writing, to be a course of technical and further education; or
(b) primary or secondary education provided by way of a full‑time course in a school.
technical and further education institution means:
(a) any institution (other than a higher education institution or a school) that provides technical and further education, being:
(i) an institution in a State conducted by or on behalf of the government of the State; or
(ii) an institution in a Territory (other than an institution declared by the Minister, in writing, not to be an institution to which this subparagraph applies) conducted by or on behalf of the government of the Commonwealth; or
(b) an institution, proposed institution, body, authority or instrumentality that, by virtue of a declaration under section 5, is a technical and further education institution for the purposes of this Act.
Territory does not include:
(a) the Northern Territory; or
(b) any external Territory other than a prescribed external Territory.
tertiary institution means:
(a) a higher education institution; or
(b) a technical and further education institution.
(2) For the purposes of this Act, a residential college or a proposed residential college connected with a tertiary institution shall be deemed to be part of that institution.
The Minister may declare, in writing, that:
(a) a proposed institution in Australia (other than a higher education institution or a school) specified in the declaration, being an institution at which it is proposed that technical and further education will be provided;
(b) a body, authority or instrumentality (other than a body, authority or instrumentality conducted for the profit, direct or indirect, of an individual or individuals) specified in the declaration, being a body, authority or instrumentality that provides in Australia technical and further education; or
(c) an institution in Australia (other than a higher education institution, a school or an institution conducted for the profit, direct or indirect, of an individual or individuals) specified in the declaration, being an institution that provides technical and further education;
is, for the purposes of this Act, a technical and further education institution.
The Australian Research Council is established.
(1) The functions of the Australian Research Council are:
(a) to make recommendations, in writing, to the Minister with respect to:
(i) the distribution of resources allocated to any research scheme referred, in writing, to the Council by the Minister for the purposes of this section; and
(ii) the administrative and other costs directly associated with that scheme; and
(b) to inquire into, and to provide information and advice to the Minister with respect to, any matter referred to the Council by the Minister, being:
(i) a matter relating to national research priorities or the co‑ordination of research policy and, in particular, but without limiting the generality of the foregoing, a matter relating to:
(A) the support to be given to fundamental research and to research that will contribute directly to the economic or social development of Australia;
(B) the development and implementation of research programs, or the establishment and maintenance of special research centres or key centres of teaching and research, by institutions and the allocation of funds to achieve an appropriate concentration of research effort in institutions;
(C) measures (including the implementation of programs for post‑graduates and the grant of post‑graduate scholarships) aimed at enhancing the training of research personnel; or
(D) measures aimed at improving interaction among the higher education sector, the private research sector, the government research sector and the industrial sector; or
(ii) any other matter on which information or advice may reasonably be required by the Minister in conjunction with information or advice in respect of a matter referred to in subparagraph (i); and
(c) on its own motion, but subject to subsection (3), to inquire into, and provide information and advice to the Minister with respect to, any matter referred to in subparagraph (b)(i) or (ii); and
(d) to prepare and give reports to the Minister under section 30.
(3) The Council may perform a function under paragraph (1)(c) only if the performance of that function does not prejudice the performance of its functions under paragraphs (1)(a) or (b).
(1) The Minister may, by notice in writing to the Council, give directions or furnish guidelines to the Council with respect to the performance of the functions of the Council. (3) The Council shall comply with any direction or guideline given or furnished to it under subsection (1). (3A) The Minister must cause a copy of any direction or guideline given under subsection (1) to be laid as soon as practicable before each House of the Parliament. (4) In the performance of its functions under this Part, the Council shall have regard to any advice given by a Counsellor to the Council under section 57.
(1) As soon as practicable after the end of each financial year, the Council must prepare and give to the Minister a report on the operations of the Council during that year. (2) Without limiting the matters that may be included in a report under subsection (1), the report must include information about:
(a) the matters referred by the Minister to the Council, the reports prepared by the Council on those matters and the persons, bodies and authorities (if any) consulted by the Council in preparing those reports; and
(b) the matters in relation to which the Council gave information and advice to the Minister on its own motion.
(3) In addition to the report referred to in subsection (1), the Council must give to the Minister such reports relating to the performance of its functions as the Minister requires and may give such other reports as the Council thinks fit. (4) Without limiting subsection (3), the Council must, at such times and in respect of such periods as the Minister directs, give to the Minister reports on the matters referred to it by the Minister. (5) The Minister must cause a copy of each report given under this section to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister received the report. (6) If a report under subsection (1) relates to the financial year in which the Employment, Education and Training Amendment Act 2000 commenced, it need not deal with the part of the financial year preceding that commencement.
(1) The Council has power to do all things necessary or convenient to be done for or in connection with the performance of its functions. (2) Without limiting the generality of subsection (1), the Council:
(a) may invite members of the public to make comments or submissions in relation to any matter referred to the Council by the Minister; and
(b) may consult with such persons, bodies or authorities as the Council thinks necessary.
(1) The Council consists of the following members:
(a) a Chairperson; and
(b) not less than 8 and not more than 10 other persons appointed by the Minister on a part‑time basis.
(3) The Minister may appoint an officer or employee of the Australian Public Service to be a member of the Council if the Minister is of the opinion that it will be to the advantage of the Council to have as a member such an officer or employee. (4) The Governor‑General appoints the Chairperson of the Council. The appointment may be on a full‑time or part‑time basis. (4A) The Minister may appoint a member of the Council to be the Deputy Chairperson of the Council. The appointment may only be on a part‑time basis. (5) A member of the Council:
(a) shall be appointed for such period, not exceeding 3 years, as is specified in the instrument of appointment; and
(b) is eligible for re‑appointment.
(7) A person appointed as Counsellor under section 57 may be appointed to be a member of the Council.
(1) Subject to subsection (2), the Minister may appoint a person to act as a member (other than the Chairperson) of the Council:
(a) during a vacancy in the office of that member, whether or not an appointment has previously been made to that office; or
(b) during any period, or during all periods, when that member is absent from duty or from Australia or is, for any other reason (including the reason that the member is acting as the Chairperson), unable to perform the duties of the office of member;
but a person appointed to act during a vacancy is not to continue in that office for more than 12 months. (2) If the Minister has appointed a member to be the Deputy Chairperson of the Council, the Minister may appoint the Deputy Chairperson (or the member acting as Deputy Chairperson) to act as Chairperson of the Council:
(a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office of Chairperson.
Note: See section 33A of the Acts Interpretation Act 1901 regarding acting appointments.
(2A) If the Minister has appointed a member of the Council to be the Deputy Chairperson of the Council, the Minister may appoint a member of the Council to act as Deputy Chairperson of the Council during any period, or during all periods, when the Deputy Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office of Deputy Chairperson.
Note: See section 33A of the Acts Interpretation Act 1901 regarding acting appointments.
(3) Anything done by or in relation to a person purporting to act under subsection (1), (2) or (2A) is not invalid on the ground that:
(a) the occasion for the person’s appointment had not arisen;
(b) there was a defect or irregularity in connection with the person’s appointment;
(c) the person’s appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.
The appointment of a person as a member of the Council is not invalid because of a defect or irregularity in connection with the appointment.
(1) The Minister or the Chairperson of the Council may convene meetings of the Council as the Minister or Chairperson considers necessary for the efficient performance of the Council’s functions. (2) A meeting is to be held at a place determined by the Chairperson. (3) The Chairperson presides at all meetings at which he or she is present. (4) If the Chairperson is not present at a meeting:
(a) if a Deputy Chairperson has been appointed and he or she is present at the meeting—the Deputy Chairperson presides at the meeting; or
(b) if paragraph (a) does not apply—the members present appoint one of their number to preside at the meeting.
(5) Subject to this Act, the person presiding at a meeting may give directions regarding the procedure to be followed in connection with that meeting. (6) At a meeting of the Council:
(a) a majority of the members of the Council constitutes a quorum; and
(b) all questions are decided by a majority of votes of the members present and voting; and
(c) the person presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
(7) If a member is not present when the Council is deliberating about a matter (because the member is excluded under subsection 60(2) from being so present), then, for the purposes of ascertaining whether the members present during the deliberation constitute a quorum, the excluded member is taken to be present during the deliberation. (8) If a majority of the members of the Council sign a document containing a statement that they are in favour of a resolution in terms set out in the document, a resolution in those terms is taken to have been passed at a duly constituted meeting of the Council held on the day on which the document was signed, or, if the members sign the document on different days, on the last of those days. (9) For the purposes of subsection (8), 2 or more separate documents containing statements in identical terms each of which is signed by one or more members are together taken to be one document containing a statement of those terms signed by those members on the respective days on which they signed the separate documents. (10) A person other than a member may, with the approval of the Council, take part in any discussions at a meeting of the Council but the person cannot vote on any question arising for decision at the meeting. (11) The Council must keep records of its meetings.
In respect of matters not provided for by this Act:
(a) the Chairperson of the Council holds office on the terms and conditions (if any) determined in writing by the Governor‑General; and
(b) a member, other than the Chairperson, holds office on the terms and conditions (if any) determined in writing by the Minister.
(1) If the Chairperson of the Council is appointed on a full‑time basis, he or she may not, except with the approval of the Minister, engage in paid employment outside the duties of his or her office. (2) A member of the Council appointed on a part‑time basis may not engage in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of the functions of the member.
(1) The Chairperson, the Deputy Chairperson (if one is appointed) and the other members of the Council are to be paid the remuneration determined by the Remuneration Tribunal, but, if no determination by the Tribunal of a member’s remuneration is in effect, the member is to be paid such remuneration as is prescribed. (2) A member is to be paid such allowances as are prescribed. (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.
(1) The Chairperson of the Council appointed on a full‑time basis has the recreation leave entitlements determined by the Remuneration Tribunal. (2) The Minister may:
(a) if the Chairperson of the Council is appointed on a full‑time basis—grant the Chairperson leave of absence (other than recreation leave) on terms and conditions as to remuneration or otherwise determined by the Minister; and
(b) grant a part‑time member leave to be absent from a meeting or meetings of the Council.
(1) The Chairperson of the Council may resign from office by writing signed by him or her and delivered to the Governor‑General. (2) The Deputy Chairperson of the Council (if one was appointed) may resign from office by writing signed by him or her and delivered to the Minister. (3) A member of the Council (other than the Chairperson) may resign from office by writing signed by the member and delivered to the Minister.
(1) The Governor‑General may, with the consent of the Chairperson, retire the Chairperson of the Council from office on the ground of invalidity. (2) The Minister may, with the consent of the Deputy Chairperson, retire the Deputy Chairperson of the Council (if one was appointed) from office on the ground of invalidity. (3) The Minister may, with the consent of the member, retire a member of the Council (other than the Chairperson) from office on the ground of invalidity.
(1) The Governor‑General may end the appointment of the Chairperson of the Council for misbehaviour or physical or mental incapacity. (2) The Governor‑General must end the appointment of the Chairperson of the Council if the Chairperson:
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for the benefit of those creditors; or
(b) fails, without reasonable excuse, to comply with an obligation imposed by section 60; or
(c) in the case of the Chairperson appointed on a full‑time basis:
(i) engages, without the approval of the Minister, in any paid employment outside the duties of his or her office; or
(ii) is absent from duty, except on leave of absence, for a reason other than the Chairperson’s illness, for 14 consecutive days or for 28 days in any period of 12 months; or
(d) in the case of the Chairperson appointed on a part‑time basis:
(i) engages in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of his or her functions; or
(ii) is absent, except on leave of absence granted under section 35C, from 3 consecutive meetings of the Council.
(1) The Minister may end the appointment of a member of the Council (other than the Chairperson) for misbehaviour or physical or mental incapacity. (2) The Minister must end the appointment of a member of the Council (other than the Chairperson) if the member:
(a) becomes bankrupt, applies to take the benefit of law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for the benefit of those creditors; or
(b) fails, without reasonable excuse, to comply with an obligation imposed by section 60; or
(c) engages in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of his or her functions; or
(d) is absent, except on leave of absence granted under section 35C, from 3 consecutive meetings of the Council.
(3) The Minister may, at any time and for any reason, end the appointment of a member of the Council appointed under subsection 32(3).
(1) The Minister may establish a committee to assist the Council in carrying out its functions in relation to such matters as are approved by the Minister. (2) The Minister may at any time dissolve a committee.
(1) Subject to the approval of the Minister, a committee is to consist of such members as are appointed by the Council. (2) A committee may:
(a) consist wholly of persons who are members of the Council; or
(b) comprise at least one person referred to in paragraph (a) and persons other than persons referred to in that paragraph.
(3) A member of a committee:
(a) holds office for such period as is specified in the instrument of appointment; and
(b) is eligible for re‑appointment.
(4) A member of a committee may resign office by writing signed by the member and delivered to the Council. (5) The Council may, at any time, with the approval of the Minister, terminate the appointment of a member of a committee.
(1) The functions of a committee established to assist the Council in connection with any matter are to make such enquiries and give such reports, with respect to that matter, as the Council directs. (2) The Minister may specify the other functions of a committee after consulting with the Chairperson of the Council.
A member of a committee holds office on such terms and conditions (if any), in respect of matters not provided for by this Act (including remuneration and allowances), as are determined in writing by the Minister.
The Minister may approve, for the purposes of this Part, innovative or curriculum projects.
(1) The Minister may grant financial assistance to a person, body or institution or to a State for the purpose of enabling the grantee to carry out an innovative or curriculum project approved by the Minister under section 51. (2) Where the Minister makes a grant of financial assistance under this section, the Minister shall:
(a) determine the amount of the grant or the manner in which that amount may be ascertained;
(b) determine:
(i) whether the amount of the grant shall be paid in a lump sum or by instalments; and
(ii) the time at which the lump sum or each instalment, as the case may be, is to be paid; and
(c) specify the terms and conditions (if any) subject to which the grant is made.
The Minister may, at such time, and subject to such terms and conditions, as the Minister determines, make an advance on account of an amount of financial assistance payable to a person under this Part.
Payments (including advances) under this Part shall be made out of moneys appropriated by the Parliament for the purposes of this Part.
(1) There shall be a Director responsible for the provision of the administrative services necessary to assist the Council in the performance of its functions. (2) The Director shall be engaged under the Public Service Act 1999 and shall be appointed by the Secretary of the Department after consultation with the Chairperson of the Council. (3) In the discharge of his or her duties, the Director shall act in accordance with any policies determined, and any directions given, by the Council. (4) The Minister may resolve any conflict between any of the policies determined, and the directions given to the Director, by the Council under subsection (3).
The staff required to provide the services referred to in subsection 55(1) shall consist of persons engaged under the Public Service Act 1999.
(1) The Minister may, after consultation with the Chairperson of the Council, appoint such Counsellors as the Minister thinks necessary for the purpose of giving advice to the Council on matters relating to the functions of the Council. (2) A Counsellor appointed under subsection (1) shall give advice on such matters as are referred to him or her, in writing, by the Council. (3) A Counsellor:
(a) shall be appointed for such period, not exceeding 3 years, as is specified in the instrument of appointment; and
(b) is eligible for re‑appointment.
(4) The Minister may, at any time, terminate the appointment of a Counsellor.
(1) A Counsellor shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, a Counsellor shall be paid such remuneration as is prescribed. (2) A Counsellor shall be paid such allowances as are prescribed. (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.
A Counsellor holds office on such terms and conditions (if any), in respect of matters not provided for by this Act, as are determined in writing by the Minister.
(1) A member of a the Council or a committee established under section 36 (the body) who has a direct or indirect pecuniary interest in a matter being considered by the body shall, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the body. (2) The disclosure is to be recorded in the minutes of the meeting of the body and, subject to subsection (2A), the member must not:
(a) be present during any deliberation of the body with respect to the matter; or
(b) take any part in any decision of the body with respect to the matter.
(2A) A determination that paragraphs (2)(a) and (b) do not apply in relation to the member may be made by:
(a) the body; or
(b) if the body is the Council—the Minister; or
(c) if the body is a committee—the Council.
(3) For the purposes of the making of a determination by the body under subsection (2A) in relation to a member who has made a disclosure under subsection (1), a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates shall not:
(a) be present during any deliberation of the body for the purposes of making the determination; or
(b) take part in the making by the body of the determination.
(1) The Council may request the Department, in writing, to furnish to it information specified in the request, being information that the Council reasonably requires for the proper performance of its functions and believes to be in the possession, or under the control, of the Department. (2) Where:
(a) the Department refuses or fails to furnish to the Council, within a reasonable time, information that it has been requested to furnish under subsection (1); and
(b) the Council is of the opinion that the refusal or failure is unreasonable;
the Council may report the refusal or failure to the Minister. (3) The Minister shall cause a copy of a report received by him or her under subsection (2) to be laid before each House of the Parliament within 15 sitting days of the House after the day on which the Minister received the report.
(1) The Minister may delegate to the Chairperson of the Council all or any of his or her powers to grant leave of absence (other than leave of absence to the Chairperson of the Council) under this Act. (2) The Minister may delegate to:
(a) the Chairperson of the Council; or
(b) the Secretary, or an officer, of the Department;
all or any of his or her powers relating to the making of grants of financial assistance under Part VII. (3) The Minister may delegate his or her power under subsection 55(4) to the Secretary of the Department.
(1) The Minister shall, before 30 June 2000, cause a review to be conducted of the operations of the Council. (2) Any report on the findings of the review shall be laid by the Minister before each House of the Parliament within 15 sitting days of that House after the receipt of a report by the Minister.
The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(1) In this Part:
commencement day means the day on which this Act commences.
defunct body means:
(a) the Commonwealth Schools Commission established by section 4 of the Commonwealth Schools Commission Act 1973;
(b) the Curriculum Development Council established by section 14B of the Commonwealth Schools Commission Act 1973; or
(c) the Commonwealth Tertiary Education Commission established by section 6 of the Commonwealth Tertiary Education Commission Act 1977.
(2) Any reference in this Part to one of the Acts repealed by section 68 is a reference to that Act as amended and in force immediately before the commencement day.
The Acts specified in Schedule 2 are amended as set out in that Schedule.
(1) The Regulations specified in Schedule 3 are amended as set out in that Schedule. (2) The amendment, by this section, of the Regulations specified in Schedule 3 does not prevent the amendment or repeal, by regulation, of those Regulations as amended by this section.
The following Acts are repealed:
(a) the Commonwealth Employment Service Act 1978;
(b) the Commonwealth Schools Commission Act 1973;
(c) the Commonwealth Tertiary Education Commission Act 1977.
(1) The Minister shall, as soon as practicable after the commencement day, cause to be prepared:
(a) a report of the kind referred to in subsection 17A(1) of the Commonwealth Schools Commission Act 1973 in respect of the period commencing at the expiration of the last period in respect of which a report was furnished to the Minister under that subsection and ending immediately before the commencement day; and
(b) a report relating to the performance of the functions of the Commonwealth Tertiary Education Commission during the period commencing at the expiration of the last period in respect of which such a report was furnished to the Minister under subsection 43A(1) of the Commonwealth Tertiary Education Commission Act 1977 and ending immediately before the commencement day.
(2) The Secretary of the Department shall cause to be prepared, and submit to the Minister together with the report on the operations of the Department that the Secretary first submits, after the commencement day, under section 63 of the Public Service Act 1999:
(a) a report on the operations of the Commonwealth Employment Service during the period commencing on the expiration of the last period in respect of which such a report was furnished to the Minister under section 22 of the Commonwealth Employment Service Act 1978 and ending immediately before the commencement day; and
(b) a report on the performance by the Committees established under Part IV of the Commonwealth Employment Service Act 1978 during the period referred to in paragraph (a).
(3) The Minister shall cause copies of each report prepared under subsection (1) or (2) to be laid before each House of the Parliament within 15 sitting days of that House after receipt by the Minister of the report.
(1) On the commencement day:
(a) any rights, property or assets (including records and documents) that, immediately before that day, were vested in a defunct body vest, by force of this subsection, in the Commonwealth; and
(b) the Commonwealth becomes, by force of this subsection, liable to pay or discharge any debts, liabilities or obligations of the defunct body that existed immediately before that day.
(2) Any contract to which a defunct body was a party immediately before the commencement day has effect on and after that day as if:
(a) the Commonwealth were substituted for the defunct body as a party to the contract; and
(b) a reference in the contract to the defunct body were (except in relation to matters that occurred before that day) a reference to the Commonwealth.
(3) If, immediately before the commencement day, proceedings to which a defunct body was a party were pending in a court or tribunal, the Commonwealth is, on that day, by force of this subsection, substituted for the defunct body as a party to the proceedings and has the same rights in the proceedings as the party for which it is substituted.
Amounts not exceeding in the aggregate the sum of:
(a) any moneys of a defunct body that vest in the Commonwealth by force of paragraph 70(1)(a); and
(b) any moneys appropriated by an Act before the commencement day for purposes related to the defunct body, being moneys that have not been paid to the defunct body before the commencement day and the appropriation of which has not lapsed;
are payable out of the Consolidated Revenue Fund for the purpose of expenditure by the Department:
(c) in the payment of discharge of debts, liabilities and obligations of the defunct body in respect of which the Commonwealth becomes liable by virtue of paragraph 70(1)(b); and
(d) in the making of payments required to be made under contracts to which the defunct body was a party immediately before the commencement day;
and the Consolidated Revenue Fund is appropriated accordingly.
An instrument or document that the Secretary of the Department, or an officer of the Department authorised by the Secretary for the purpose, certifies to have been made, executed or given by reason of, or for a purpose connected with or arising out of, the operation of this Part is not liable to stamp duty or other tax under a law of the Commonwealth or of a State or Territory.
(1) The Council consists of the following members:
(a) a Chairperson; and
(b) not less than 8 and not more than 10 other persons appointed by the Minister on a part‑time basis.
(3) The Minister may appoint an officer or employee of the Australian Public Service to be a member of the Council if the Minister is of the opinion that it will be to the advantage of the Council to have as a member such an officer or employee. (4) The Governor‑General appoints the Chairperson of the Council. The appointment may be on a full‑time or part‑time basis. (4A) The Minister may appoint a member of the Council to be the Deputy Chairperson of the Council. The appointment may only be on a part‑time basis. (5) A member of the Council:
(a) shall be appointed for such period, not exceeding 3 years, as is specified in the instrument of appointment; and
(b) is eligible for re‑appointment.
(7) A person appointed as Counsellor under section 57 may be appointed to be a member of the Council.
(1) Subject to subsection (2), the Minister may appoint a person to act as a member (other than the Chairperson) of the Council:
(a) during a vacancy in the office of that member, whether or not an appointment has previously been made to that office; or
(b) during any period, or during all periods, when that member is absent from duty or from Australia or is, for any other reason (including the reason that the member is acting as the Chairperson), unable to perform the duties of the office of member;
but a person appointed to act during a vacancy is not to continue in that office for more than 12 months. (2) If the Minister has appointed a member to be the Deputy Chairperson of the Council, the Minister may appoint the Deputy Chairperson (or the member acting as Deputy Chairperson) to act as Chairperson of the Council:
(a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office of Chairperson.
Note: See section 33A of the Acts Interpretation Act 1901 regarding acting appointments.
(2A) If the Minister has appointed a member of the Council to be the Deputy Chairperson of the Council, the Minister may appoint a member of the Council to act as Deputy Chairperson of the Council during any period, or during all periods, when the Deputy Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office of Deputy Chairperson.
Note: See section 33A of the Acts Interpretation Act 1901 regarding acting appointments.
(3) Anything done by or in relation to a person purporting to act under subsection (1), (2) or (2A) is not invalid on the ground that:
(a) the occasion for the person’s appointment had not arisen;
(b) there was a defect or irregularity in connection with the person’s appointment;
(c) the person’s appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.
The appointment of a person as a member of the Council is not invalid because of a defect or irregularity in connection with the appointment.
(1) The Minister or the Chairperson of the Council may convene meetings of the Council as the Minister or Chairperson considers necessary for the efficient performance of the Council’s functions. (2) A meeting is to be held at a place determined by the Chairperson. (3) The Chairperson presides at all meetings at which he or she is present. (4) If the Chairperson is not present at a meeting:
(a) if a Deputy Chairperson has been appointed and he or she is present at the meeting—the Deputy Chairperson presides at the meeting; or
(b) if paragraph (a) does not apply—the members present appoint one of their number to preside at the meeting.
(5) Subject to this Act, the person presiding at a meeting may give directions regarding the procedure to be followed in connection with that meeting. (6) At a meeting of the Council:
(a) a majority of the members of the Council constitutes a quorum; and
(b) all questions are decided by a majority of votes of the members present and voting; and
(c) the person presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
(7) If a member is not present when the Council is deliberating about a matter (because the member is excluded under subsection 60(2) from being so present), then, for the purposes of ascertaining whether the members present during the deliberation constitute a quorum, the excluded member is taken to be present during the deliberation. (8) If a majority of the members of the Council sign a document containing a statement that they are in favour of a resolution in terms set out in the document, a resolution in those terms is taken to have been passed at a duly constituted meeting of the Council held on the day on which the document was signed, or, if the members sign the document on different days, on the last of those days. (9) For the purposes of subsection (8), 2 or more separate documents containing statements in identical terms each of which is signed by one or more members are together taken to be one document containing a statement of those terms signed by those members on the respective days on which they signed the separate documents. (10) A person other than a member may, with the approval of the Council, take part in any discussions at a meeting of the Council but the person cannot vote on any question arising for decision at the meeting. (11) The Council must keep records of its meetings.
In respect of matters not provided for by this Act:
(a) the Chairperson of the Council holds office on the terms and conditions (if any) determined in writing by the Governor‑General; and
(b) a member, other than the Chairperson, holds office on the terms and conditions (if any) determined in writing by the Minister.
(1) If the Chairperson of the Council is appointed on a full‑time basis, he or she may not, except with the approval of the Minister, engage in paid employment outside the duties of his or her office. (2) A member of the Council appointed on a part‑time basis may not engage in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of the functions of the member.
(1) The Chairperson, the Deputy Chairperson (if one is appointed) and the other members of the Council are to be paid the remuneration determined by the Remuneration Tribunal, but, if no determination by the Tribunal of a member’s remuneration is in effect, the member is to be paid such remuneration as is prescribed. (2) A member is to be paid such allowances as are prescribed. (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.
(1) The Chairperson of the Council appointed on a full‑time basis has the recreation leave entitlements determined by the Remuneration Tribunal. (2) The Minister may:
(a) if the Chairperson of the Council is appointed on a full‑time basis—grant the Chairperson leave of absence (other than recreation leave) on terms and conditions as to remuneration or otherwise determined by the Minister; and
(b) grant a part‑time member leave to be absent from a meeting or meetings of the Council.
(1) The Chairperson of the Council may resign from office by writing signed by him or her and delivered to the Governor‑General. (2) The Deputy Chairperson of the Council (if one was appointed) may resign from office by writing signed by him or her and delivered to the Minister. (3) A member of the Council (other than the Chairperson) may resign from office by writing signed by the member and delivered to the Minister.
(1) The Governor‑General may, with the consent of the Chairperson, retire the Chairperson of the Council from office on the ground of invalidity. (2) The Minister may, with the consent of the Deputy Chairperson, retire the Deputy Chairperson of the Council (if one was appointed) from office on the ground of invalidity. (3) The Minister may, with the consent of the member, retire a member of the Council (other than the Chairperson) from office on the ground of invalidity.
(1) The Governor‑General may end the appointment of the Chairperson of the Council for misbehaviour or physical or mental incapacity. (2) The Governor‑General must end the appointment of the Chairperson of the Council if the Chairperson:
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for the benefit of those creditors; or
(b) fails, without reasonable excuse, to comply with an obligation imposed by section 60; or
(c) in the case of the Chairperson appointed on a full‑time basis:
(i) engages, without the approval of the Minister, in any paid employment outside the duties of his or her office; or
(ii) is absent from duty, except on leave of absence, for a reason other than the Chairperson’s illness, for 14 consecutive days or for 28 days in any period of 12 months; or
(d) in the case of the Chairperson appointed on a part‑time basis:
(i) engages in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of his or her functions; or
(ii) is absent, except on leave of absence granted under section 35C, from 3 consecutive meetings of the Council.
(1) The Minister may end the appointment of a member of the Council (other than the Chairperson) for misbehaviour or physical or mental incapacity. (2) The Minister must end the appointment of a member of the Council (other than the Chairperson) if the member:
(a) becomes bankrupt, applies to take the benefit of law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for the benefit of those creditors; or
(b) fails, without reasonable excuse, to comply with an obligation imposed by section 60; or
(c) engages in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of his or her functions; or
(d) is absent, except on leave of absence granted under section 35C, from 3 consecutive meetings of the Council.
(3) The Minister may, at any time and for any reason, end the appointment of a member of the Council appointed under subsection 32(3).
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Employment, Education and Training Act 1988.
This Act commences on a day to be fixed by Proclamation.
(1) In this Act, unless the contrary intention appears:
Council means the Australian Research Council established by section 23.
curricula means courses of study, and methods and procedures, for use in or in connection with teaching or learning in schools or tertiary institutions.
curriculum project means a project involving:
(a) research in relation to, or the development of, curricula or educational materials; or
(b) the publication of educational materials.
educational materials means materials or equipment (including books) for use in or in connection with teaching or learning in schools or tertiary institutions.
higher education institution means an institution specified in a Table in subsection 4(1) of the Higher Education Funding Act 1988.
innovative project means a project (not being a curriculum project) aimed at bringing diversity or innovation, or designed to test new approaches or techniques, in a field to which the project is relevant.
school means:
(a) a school or similar institution at which full‑time primary education or full‑time secondary education, or both, is or are provided; or
(b) a school or similar institution at which education is provided that includes full‑time primary education or full‑time secondary education, or both.
State includes the Northern Territory.
technical and further education means education provided by way of a course of instruction or training that is, or that is preparatory to, a course of a kind relevant to a trade, technical or other skilled occupation or that otherwise meets educational needs, other than:
(a) education provided at a higher education institution, not being education provided by way of a course declared by the Minister, in writing, to be a course of technical and further education; or
(b) primary or secondary education provided by way of a full‑time course in a school.
technical and further education institution means:
(a) any institution (other than a higher education institution or a school) that provides technical and further education, being:
(i) an institution in a State conducted by or on behalf of the government of the State; or
(ii) an institution in a Territory (other than an institution declared by the Minister, in writing, not to be an institution to which this subparagraph applies) conducted by or on behalf of the government of the Commonwealth; or
(b) an institution, proposed institution, body, authority or instrumentality that, by virtue of a declaration under section 5, is a technical and further education institution for the purposes of this Act.
Territory does not include:
(a) the Northern Territory; or
(b) any external Territory other than a prescribed external Territory.
tertiary institution means:
(a) a higher education institution; or
(b) a technical and further education institution.
(2) For the purposes of this Act, a residential college or a proposed residential college connected with a tertiary institution shall be deemed to be part of that institution.
The Minister may declare, in writing, that:
(a) a proposed institution in Australia (other than a higher education institution or a school) specified in the declaration, being an institution at which it is proposed that technical and further education will be provided;
(b) a body, authority or instrumentality (other than a body, authority or instrumentality conducted for the profit, direct or indirect, of an individual or individuals) specified in the declaration, being a body, authority or instrumentality that provides in Australia technical and further education; or
(c) an institution in Australia (other than a higher education institution, a school or an institution conducted for the profit, direct or indirect, of an individual or individuals) specified in the declaration, being an institution that provides technical and further education;
is, for the purposes of this Act, a technical and further education institution.
An Act relating to employment, education and training, and for other purposes
This Act may be cited as the Employment, Education and Training Act 1988.
This Act commences on a day to be fixed by Proclamation.
(1) In this Act, unless the contrary intention appears:
Council means the Australian Research Council established by section 23.
curricula means courses of study, and methods and procedures, for use in or in connection with teaching or learning in schools or tertiary institutions.
curriculum project means a project involving:
(a) research in relation to, or the development of, curricula or educational materials; or
(b) the publication of educational materials.
educational materials means materials or equipment (including books) for use in or in connection with teaching or learning in schools or tertiary institutions.
higher education institution means an institution specified in a Table in subsection 4(1) of the Higher Education Funding Act 1988.
innovative project means a project (not being a curriculum project) aimed at bringing diversity or innovation, or designed to test new approaches or techniques, in a field to which the project is relevant.
school means:
(a) a school or similar institution at which full‑time primary education or full‑time secondary education, or both, is or are provided; or
(b) a school or similar institution at which education is provided that includes full‑time primary education or full‑time secondary education, or both.
State includes the Northern Territory.
technical and further education means education provided by way of a course of instruction or training that is, or that is preparatory to, a course of a kind relevant to a trade, technical or other skilled occupation or that otherwise meets educational needs, other than:
(a) education provided at a higher education institution, not being education provided by way of a course declared by the Minister, in writing, to be a course of technical and further education; or
(b) primary or secondary education provided by way of a full‑time course in a school.
technical and further education institution means:
(a) any institution (other than a higher education institution or a school) that provides technical and further education, being:
(i) an institution in a State conducted by or on behalf of the government of the State; or
(ii) an institution in a Territory (other than an institution declared by the Minister, in writing, not to be an institution to which this subparagraph applies) conducted by or on behalf of the government of the Commonwealth; or
(b) an institution, proposed institution, body, authority or instrumentality that, by virtue of a declaration under section 5, is a technical and further education institution for the purposes of this Act.
Territory does not include:
(a) the Northern Territory; or
(b) any external Territory other than a prescribed external Territory.
tertiary institution means:
(a) a higher education institution; or
(b) a technical and further education institution.
(2) For the purposes of this Act, a residential college or a proposed residential college connected with a tertiary institution shall be deemed to be part of that institution.
The Minister may declare, in writing, that:
(a) a proposed institution in Australia (other than a higher education institution or a school) specified in the declaration, being an institution at which it is proposed that technical and further education will be provided;
(b) a body, authority or instrumentality (other than a body, authority or instrumentality conducted for the profit, direct or indirect, of an individual or individuals) specified in the declaration, being a body, authority or instrumentality that provides in Australia technical and further education; or
(c) an institution in Australia (other than a higher education institution, a school or an institution conducted for the profit, direct or indirect, of an individual or individuals) specified in the declaration, being an institution that provides technical and further education;
is, for the purposes of this Act, a technical and further education institution.
The Australian Research Council is established.
(1) The functions of the Australian Research Council are:
(a) to make recommendations, in writing, to the Minister with respect to:
(i) the distribution of resources allocated to any research scheme referred, in writing, to the Council by the Minister for the purposes of this section; and
(ii) the administrative and other costs directly associated with that scheme; and
(b) to inquire into, and to provide information and advice to the Minister with respect to, any matter referred to the Council by the Minister, being:
(i) a matter relating to national research priorities or the co‑ordination of research policy and, in particular, but without limiting the generality of the foregoing, a matter relating to:
(A) the support to be given to fundamental research and to research that will contribute directly to the economic or social development of Australia;
(B) the development and implementation of research programs, or the establishment and maintenance of special research centres or key centres of teaching and research, by institutions and the allocation of funds to achieve an appropriate concentration of research effort in institutions;
(C) measures (including the implementation of programs for post‑graduates and the grant of post‑graduate scholarships) aimed at enhancing the training of research personnel; or
(D) measures aimed at improving interaction among the higher education sector, the private research sector, the government research sector and the industrial sector; or
(ii) any other matter on which information or advice may reasonably be required by the Minister in conjunction with information or advice in respect of a matter referred to in subparagraph (i); and
(c) on its own motion, but subject to subsection (3), to inquire into, and provide information and advice to the Minister with respect to, any matter referred to in subparagraph (b)(i) or (ii); and
(d) to prepare and give reports to the Minister under section 30.
(3) The Council may perform a function under paragraph (1)(c) only if the performance of that function does not prejudice the performance of its functions under paragraphs (1)(a) or (b).
(1) The Minister may, by notice in writing to the Council, give directions or furnish guidelines to the Council with respect to the performance of the functions of the Council. (3) The Council shall comply with any direction or guideline given or furnished to it under subsection (1). (3A) The Minister must cause a copy of any direction or guideline given under subsection (1) to be laid as soon as practicable before each House of the Parliament. (4) In the performance of its functions under this Part, the Council shall have regard to any advice given by a Counsellor to the Council under section 57.
(1) As soon as practicable after the end of each financial year, the Council must prepare and give to the Minister a report on the operations of the Council during that year. (2) Without limiting the matters that may be included in a report under subsection (1), the report must include information about:
(a) the matters referred by the Minister to the Council, the reports prepared by the Council on those matters and the persons, bodies and authorities (if any) consulted by the Council in preparing those reports; and
(b) the matters in relation to which the Council gave information and advice to the Minister on its own motion.
(3) In addition to the report referred to in subsection (1), the Council must give to the Minister such reports relating to the performance of its functions as the Minister requires and may give such other reports as the Council thinks fit. (4) Without limiting subsection (3), the Council must, at such times and in respect of such periods as the Minister directs, give to the Minister reports on the matters referred to it by the Minister. (5) The Minister must cause a copy of each report given under this section to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister received the report. (6) If a report under subsection (1) relates to the financial year in which the Employment, Education and Training Amendment Act 2000 commenced, it need not deal with the part of the financial year preceding that commencement.
(1) The Council has power to do all things necessary or convenient to be done for or in connection with the performance of its functions. (2) Without limiting the generality of subsection (1), the Council:
(a) may invite members of the public to make comments or submissions in relation to any matter referred to the Council by the Minister; and
(b) may consult with such persons, bodies or authorities as the Council thinks necessary.
(1) The Council consists of the following members:
(a) a Chairperson; and
(b) not less than 8 and not more than 10 other persons appointed by the Minister on a part‑time basis.
(3) The Minister may appoint an officer or employee of the Australian Public Service to be a member of the Council if the Minister is of the opinion that it will be to the advantage of the Council to have as a member such an officer or employee. (4) The Governor‑General appoints the Chairperson of the Council. The appointment may be on a full‑time or part‑time basis. (4A) The Minister may appoint a member of the Council to be the Deputy Chairperson of the Council. The appointment may only be on a part‑time basis. (5) A member of the Council:
(a) shall be appointed for such period, not exceeding 3 years, as is specified in the instrument of appointment; and
(b) is eligible for re‑appointment.
(7) A person appointed as Counsellor under section 57 may be appointed to be a member of the Council.
(1) Subject to subsection (2), the Minister may appoint a person to act as a member (other than the Chairperson) of the Council:
(a) during a vacancy in the office of that member, whether or not an appointment has previously been made to that office; or
(b) during any period, or during all periods, when that member is absent from duty or from Australia or is, for any other reason (including the reason that the member is acting as the Chairperson), unable to perform the duties of the office of member;
but a person appointed to act during a vacancy is not to continue in that office for more than 12 months. (2) If the Minister has appointed a member to be the Deputy Chairperson of the Council, the Minister may appoint the Deputy Chairperson (or the member acting as Deputy Chairperson) to act as Chairperson
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