Div 2South Australian Skills Commission

Division 2—South Australian Skills Commission 15—South Australian Skills Commission (1) The South Australian Skills Commission is established. (2) The South Australian Skills Commission is responsible to the Commissioner for the performance of its functions (and, to avoid doubt, the Commissioner is not bound by the recommendations of the Commission). (3) The Commission is subject to direction by the Minister but— (a) the Commission cannot be directed to make a particular finding or recommendation; and (b) the Minister must, within 3 sitting days after giving a direction, cause a copy of the direction to be laid before both Houses of Parliament; and (c) a direction must be published in the annual report of the Commission relating to the period in which the direction was given. (4) The Commission consists of— (a) the Commissioner (ex officio); and (b) up to 10 persons appointed by the Minister who, in the Minister's opinion, together have the abilities and experience required for the effective performance of the Commission's functions. (5) The Minister appoint a suitable person to be the deputy of a member and a person so appointed may act as a member of the Commission in the member's absence. 16—Terms and conditions of membership (1) Subject to this section, a member of the Commission will hold office on conditions, and for a term (not exceeding 2 years), determined by the Minister and specified in the instrument of appointment and is, at the expiration of a term of office, eligible for reappointment. (2) The office of a member becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister; or (d) is convicted of— (i) an indictable offence against the law of this State; or (ii) an offence against the law of this State that is punishable by imprisonment for a term of at least 12 months; or (iii) an offence against the law of another jurisdiction that, if committed in this State, would be an offence of a kind referred to in a preceding paragraph; or (e) is sentenced to imprisonment for an offence (whether against a law of this State or another jurisdiction); or (f) is removed from office by the Minister under subsection (3). (3) The Minister may remove a member from office— (a) for misconduct or conduct that may bring the Commission into disrepute; or (b) for breach of, or non‑compliance with, a condition of appointment; or (c) if the member has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or (d) if the member has been disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or (e) if the member has, because of mental or physical incapacity, failed to carry out duties of the position satisfactorily; or (f) for incompetence or neglecting the duties of the position; or (g) any other reason the Minister thinks fit. 17—Remuneration A member of the Commission is entitled to remuneration, allowances and expenses determined by the Minister. 18—Procedures of Commission (1) The Commissioner will preside at each meeting of the Commission at which the Commissioner is present. (2) The Minister may appoint a member to preside at meetings of the Commission in the absence of the Commissioner. (3) If the Commissioner is absent from a meeting of the Commission, the following provisions apply: (a) if another member has been appointed to chair meetings in the absence of the Commissioner and is present at the meeting—that member will preside at the meeting; (b) in any other case—a member chosen by the members present at the meeting will preside at the meeting. (4) A quorum of the Commission consists of half of the total number of its members (ignoring any fraction resulting from the division) plus 1. (5) A decision carried by a majority of the votes cast by members at a meeting is a decision of the Commission. (6) Each member present at a meeting of the Commission has 1 vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote. (7) A telephone or video conference between members will, for the purposes of this section, be taken to be a meeting of the Commission at which the participating members are present. (8) A proposed resolution of the Commission becomes a valid decision of the Commission despite the fact that it is not voted on at a meeting of the Commission if— (a) notice of the proposed resolution is given to all members in accordance with procedures determined by the Commission; and (b) a majority of the members express their concurrence in the proposed resolution by letter, fax or other written communication setting out the terms of the resolution. (9) The Commission must cause accurate minutes to be kept of its proceedings. (10) Subject to this Act and to any direction of the Commissioner, the Commission may determine its own procedures. (11) Subject to the directions of the Commission, this section applies to a committee of the Commission in the same way as to the Commission. 19—Functions of Commission (1) The Commission's functions are— (a) to advise the Minister on— (i) matters relating to the development, funding, quality and performance of vocational education and training and adult community education; and (ii) strategies and priorities for workforce development in the State with the aim of supporting employment growth and investment in the State (including the recognition of skills and qualifications gained outside of Australia); and (iii) the State's role as part of an integrated national system of education and training; and (b) to regulate the State’s apprenticeship and traineeship system; and (c) to prepare the South Australian Skills Standards and other information for the purposes of this Act; and (d) to undertake complaint handling and provide, where appropriate, mediation and advocacy services in disputes relating to apprenticeships and traineeships, vocational education and training, higher education or international education, and to otherwise assist in the resolution of such disputes (including by providing advocacy services for parties in proceedings before the SAET); and (e) to monitor, and report to the Minister on, the state of vocational education and training and adult community education in the State, including the expenditure of public money in those areas; and (f) to promote the development of investment, equity and participation in, and access to, vocational education and training and adult community education; and (g) to promote pathways between the secondary school, vocational education and training, adult community education, and higher education sectors; and (h) to enter into reciprocal arrangements with appropriate bodies with respect to the recognition of education and training; and (i) to monitor, and make recommendations to the Minister on, the administration and operation of this Act; and (j) such other functions as may be assigned to the Commission by the Minister or by or under this or any other Act. (2) The Commission must, in advising or making recommendations to the Minister, to such extent as may be reasonably practicable, consult with— (a) industry and commerce, including industry, skills and other advisory bodies and associations and organisations established by or representing industry and commerce; and (b) associations and organisations representing employees; and (c) relevant bodies, associations or organisations representing higher education, vocational education and training and adult community education; and (d) relevant government and community bodies. (3) The Commission may, in accordance with any requirements in the regulations, establish such industry engagement or advisory bodies as the Commission thinks appropriate (which may but need not consist of members of the Commission). 20—Delegation (1) The Commission may, with the approval of the Minister, delegate any of its functions or powers under this Act to a specified person or body. (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be conditional or unconditional; and (c) is revocable at will; and (d) does not derogate from the power of the delegator to act in any matter. (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. 21—Committees (1) The Commission may establish committees— (a) to advise the Commission; or (b) to carry out functions on behalf of the Commission. (2) The membership of a committee will be determined by the Commission and may, but need not, consist of, or include, members of the Commission. (3) The Commission will determine who will be the presiding member of a committee. (4) The procedures to be observed in relation to the conduct of the business of a committee will be— (a) as determined by the Commission; and (b) insofar as a procedure is not determined under paragraph (a)—as determined by the committee. 22—Validity of acts An act or proceeding of the Commission is not invalid by reason only of a vacancy in its membership. 23—Staff (1) The Commission's staff consists of— (a) Public Service employees assigned to work in the office of the Commission under this Act; and (b) officers or employees under the TAFE SA Act 2025 assigned to work in the office of the Commission under this Act. (2) The Minister may, by notice in the Gazette— (a) exclude— (i) Public Service employees who are members of the Commission's staff from specified provisions of the Public Sector Act 2009; and (ii) officers or employees under the TAFE SA Act 2025 who are members of the Commission's staff from specified provisions of that Act; and (b) if the Minister thinks that certain provisions should apply to such employees instead of those excluded under paragraph (a)(i) or (ii)—determine that those provisions will apply, and such a notice will have effect according to its terms. 24—Use of staff etc of Public Service The Commissioner may, by agreement with the Minister responsible for an administrative unit of the Public Service, make use of the services of the staff, equipment or facilities of that administrative unit. 25—Conflict of interest under Public Sector (Honesty and Accountability) Act A member of the Commission will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with employers generally or employees generally, or a substantial section of employers or employees.