This Act continues TasTAFE as a separate body corporate and sets out its functions, governance, financial controls and compliance rules. It gives TasTAFE power to provide vocational training, charge fees, run commercial activities and, with Minister/Treasurer approval, enter trusts, form companies or deal with real property.
Who decides: the Minister appoints a 5–7 member Board, the Board appoints the CEO, and the Minister/Treasurer can issue expectations, directions and financial directions. The law matters because it changes governance, financial autonomy, reporting duties and how staff and assets transition.
This Act continues TasTAFE as a statutory corporate entity, sets out its core functions and powers, creates a board-based governance model, establishes an executive role (TasTAFE CEO) and provides a framework for staff, student records, fees, financial management, reporting and enforcement. Mechanically, the Act:
continues TasTAFE as a body corporate with perpetual succession and as an instrumentality of the Crown (s4(1)-(2)); permits TasTAFE to use trading names approved by the Minister (s4(3));
prescribes TasTAFE’s functions and the scope of its operational powers, including delivering vocational education and training (VET), foundation skills training, collaboration with industry and incidental commercial activities, with specific limits on acquisition or disposal of real property and participation in companies or trusts requiring Minister and Treasurer approval (s5(2)-(3)(a)-(f));
requires establishment of a board of directors appointed by the Minister (no fewer than 5 and no more than 7 members) with aggregate skills required by the Minister and power to appoint a chair (s6(1)-(3)); confers on the Board functions and delegations (s7);
provides for appointment of a TasTAFE CEO by the Board, but with mandatory consultation with the Minister (s10(1)-(2)), and for TasTAFE employees appointed by TasTAFE (s11);
removes the application of the State Service Act 2000 to the CEO and TasTAFE employees in their TasTAFE capacity (s12(1)), while preserving certain entitlements such as long service leave and superannuation application (s12(4)-(5));
creates statutory obligations for student records and enables TasTAFE to set fees, levies and charges subject to a specific exemption for post-Year 10 secondary education for eligible young persons (s13-14);
Current sections
Direct links to the current provisions in TasTAFE (Skills and Training Business) Act 2021.
The provisions of this Act commence on a day or days to be proclaimed.
3
Interpretation
3 Interpretation
In this Act –
accounting standards means the accounting standards, and other requirements, issued by the Australian Accounting Standards Board continued in existence under the Australian Securities and Investments Commission Act 2001 of the Commonwealth;
annual report, in relation to a financial year, means the annual report of TasTAFE prepared under section 30 in respect of the financial year;
by-laws means the by-laws made under section 32 and in force;
child safe code of conduct means the code of conduct prepared under section 20 and in force;
corporate plan means the corporate plan of TasTAFE approved under section 19(4)(a) and in force;
Ministerial direction means a direction of the Minister in force under section 18 ;
regulations means the regulations made under this Act;
statement of expectations means a statement of expectations provided by the Minister under section 17 and in force;
TasTAFE means TasTAFE as continued under section 4(1) ;
TasTAFE Board means the board of directors appointed by the Minister under section 6(1) ;
TasTAFE CEO means the person appointed as chief executive officer of TasTAFE under section 10 ;
TasTAFE director includes –
(a) a person appointed as a director on the TasTAFE Board under section 6 ; and
(b) a person appointed under section 8(1) to act as a TasTAFE director;
TasTAFE employee means a person appointed under section 11 ;
TasTAFE student means a person who is undertaking vocational education and training, or another course of education and training, with TasTAFE;
vocational education and training means the vocational education and training, and attainment of associated qualifications or statements of attainment, under levels 1, 2, 3, 4, 5 and 6 of the Australian Qualifications Framework.
(a) is a body corporate with perpetual succession; and
(b) may have a seal; and
(c) may sue and be sued in its corporate name; and
(d) is an instrumentality of the Crown.
(3) All or any part of TasTAFE may use, and operate under, a trading name that is approved by the Minister.
5
Functions and powers of TasTAFE
5 Functions and powers of TasTAFE
(1) In this section –
educational provider means a person, organisation or institution providing vocational education and training or other education and training.
(2) TasTAFE has the following functions:
(a) to provide vocational education and training, to a high standard, that is responsive to the needs of employers, students of TasTAFE and the community;
(b) to provide foundation skills training to persons that, when successfully completed or completed in conjunction with other training, may lead to those persons obtaining a qualification that enables the person to participate in the workforce or in further education and training;
(c) to provide vocational education and training in Tasmania, in accordance with the statement of expectations, for members of communities including but not limited to –
(i) rural and isolated communities; and
(ii) other communities where other providers of vocational education and training cannot, or are not, meeting demand effectively;
(d) to collaborate with industry, employers and other educational providers on the provision of, and the development of models or pathways for, vocational education and training;
(e) to advise the Minister on significant developments relating to the provision of vocational education and training by TasTAFE;
(f) such other functions as are imposed on TasTAFE by this or any other Act.
(3) TasTAFE has the following powers, subject to this Act:
(a) the power to do all things necessary or convenient –
(i) to provide vocational education and training, or other education or training, to enable persons to acquire qualifications and participate in the workforce or in further education and training; or
(ii) to undertake commercial activities incidental to the provision of vocational education and training or other education or training; or
(iii) to undertake research incidental to the provision of vocational education and training or other education or training; or
(iv) to offer other services that assist employers to better utilise the existing skills of the employees of the employer; or
(v) to perform its functions;
(b) to hire out property and assets owned, or operated, by TasTAFE;
(c) to lease, sell, otherwise dispose of, or buy or otherwise acquire, property other than real property;
(d) to enter into contracts and to provide services, including consultancy services, to other persons in accordance with such contracts;
(e) with the written approval of the Minister, to lease, sell, otherwise dispose of, or buy or otherwise acquire, real property;
(f) with the written approval of the Minister and the Treasurer –
(i) to participate in a trust; or
(ii) to form, or participate in the formation of, a company; or
(iii) to participate in one or more of the following arrangements for the purpose of sharing the profits:
(A) a joint venture;
(B) a partnership;
(C) another formal arrangement;
(g) to borrow money in accordance with section 25 .
Division 2
TasTAFE Board
Division 2 TasTAFE Board
6
TasTAFE Board
6 TasTAFE Board
(1) The Minister is to appoint a board of directors for TasTAFE that consists of no less than 5 members but no more than 7 members.
(2) Before appointing a person as a director on the TasTAFE Board, the Minister is to ensure that the directors, in aggregate, have the relevant knowledge and skills to ensure that the functions and powers of TasTAFE are performed and exercised appropriately.
(3) The Minister may appoint a TasTAFE director to be the chair of the TasTAFE Board.
(1) The TasTAFE Board has the following functions:
(a) to ensure that the functions and powers of TasTAFE are performed and exercised in an appropriate manner;
(b) to ensure that the business and affairs of TasTAFE are managed and conducted –
(i) in accordance with sound business practice; and
(ii) in accordance with the statement of expectations; and
(iii) in a manner that achieves the objectives specified in the corporate plan; and
(iv) in a manner that is consistent with each applicable Ministerial direction;
(c) to establish the annual performance objectives for the TasTAFE CEO.
(2) The TasTAFE Board has the power to do all things necessary or convenient to perform its functions under this Act.
(3) The TasTAFE Board may delegate, by written notice, any or all of its functions or powers under this Act, other than this power of delegation, as specified in the notice.
8
Appointment of acting TasTAFE directors
8 Appointment of acting TasTAFE directors
(1) The Minister may appoint a person to act as a TasTAFE director if a TasTAFE director is absent (the absent TasTAFE director).
(2) For the purposes of subsection (1) , a TasTAFE director is absent if the director –
(a) is absent from his or her duty as a TasTAFE director; or
(b) is otherwise unable to perform the functions of the office of TasTAFE director.
(3) A person appointed to act as a TasTAFE director under this section –
(a) is taken, for the purposes of this Act, to be a TasTAFE director; and
(b) if the relevant absent TasTAFE director is the chair of the TasTAFE Board, is not taken to be the chair of the TasTAFE Board solely by virtue of his or her appointment under this section.
(4) The appointment of a person under this section to act as a TasTAFE director terminates when whichever of the following first occurs:
(a) the absent TasTAFE director, for whom the person has been appointed to act, recommences performing the functions of a TasTAFE director;
(b) the absent TasTAFE director resigns;
(c) the Minister revokes the appointment to the TasTAFE Board of the absent TasTAFE director;
(d) the Minister revokes the appointment of the person to act as a TasTAFE director.
9
TasTAFE Board to notify Minister in certain circumstances
9 TasTAFE Board to notify Minister in certain circumstances
The TasTAFE Board is to notify the Minister, as soon as practicable, of any matter or circumstance that, in the opinion of the TasTAFE Board, may –
(a) significantly affect the ability of TasTAFE to comply with –
(i) any Ministerial directions that are in force; or
(ii) the statement of expectations; or
(b) prevent or significantly affect the ability of TasTAFE to act in accordance with the corporate plan; or
(c) significantly affect the financial viability or operating ability of TasTAFE; or
(d) significantly affect any other objective, policy or program specified in the corporate plan.
Division 3
TasTAFE staff
Division 3 TasTAFE staff
10
TasTAFE CEO
10 TasTAFE CEO
(1) The TasTAFE Board may appoint a person as the chief executive officer of TasTAFE.
(2) Before appointing someone as the TasTAFE CEO, the TasTAFE Board is to consult with the Minister in respect of that appointment.
(3) The TasTAFE CEO –
(a) must perform any functions, and may exercise any powers, granted to the TasTAFE CEO under this Act or any other Act; and
(b) must perform any functions, and may exercise any powers, delegated to the TasTAFE CEO by the TasTAFE Board; and
(c) is responsible to the TasTAFE Board for the general administration and management of TasTAFE.
(4) The TasTAFE CEO may delegate, by written notice, any or all of his or her functions or powers under this Act, other than this power of delegation, as specified in the notice.
11
TasTAFE employees
11 TasTAFE employees
(1) TasTAFE may appoint a person for one or more of the following purposes:
(a) the purposes of this Act;
(b) the purposes of providing vocational education and training, or other education and training, by or on behalf of TasTAFE.
(2) A person may be appointed under subsection (1) on such terms and conditions that TasTAFE considers appropriate.
(a) the TasTAFE CEO in his or her capacity as the TasTAFE CEO; or
(b) a TasTAFE employee in his or her capacity as a TasTAFE employee.
(2) Despite subsection (1) , nothing in this section prevents a person from holding the position of TasTAFE CEO, or TasTAFE employee, in conjunction with State Service employment in respect of another position.
(1) TasTAFE is to maintain accurate records relating to TasTAFE students.
(2) The records relating to TasTAFE students –
(a) are to contain the information and matters prescribed in the regulations; and
(b) may contain any other information and matters that TasTAFE considers appropriate, other than information and matters that the regulations prescribe are not to be contained in the records.
14
Fees, levies and charges for students
14 Fees, levies and charges for students
(1) In this section –
overseas student means a student who is in Australia on a temporary visa or provisional visa, other than –
(a) a New Zealand citizen or a dependant of a New Zealand citizen; or
(b) a permanent resident of Australia or a dependant of such a permanent resident; or
(2) TasTAFE may impose any fees, levies and charges it considers appropriate in respect of goods and services provided in relation to any of its functions and powers, including the provision of vocational education and training or other education or training.
(3) Despite subsection (2) , TasTAFE is not entitled to impose for a year, or part of a year, a fee or charge in respect of the provision of post-Year 10 secondary education and training to a person, by TasTAFE, if the person –
(b) has not attained the age of 19 years before 1 January in that year; and
(c) is not an overseas student.
(4) TasTAFE may exempt a person or class of persons from the obligation to pay all or part of any fee, levy or charge otherwise payable under subsection (2) if satisfied that it is equitable or appropriate to do so in the circumstances.
(5) Any fees, levies and charges received by TasTAFE under this section are to be paid into the funds of TasTAFE.
Division 5
TasTAFE committees
Division 5 TasTAFE committees
15
Audit and risk management committee
15 Audit and risk management committee
(1) The TasTAFE Board must establish an audit and risk management committee.
(2) The audit and risk management committee established under subsection (1) is to provide advice to the TasTAFE Board on each of the following matters:
(a) the establishment and review of an audit charter for TasTAFE;
(b) the establishment and review of systems of financial reporting and internal control for TasTAFE;
(c) the resources necessary to carry out an internal audit, or risk evaluation or management, of TasTAFE;
(d) any other matter referred to it by the TasTAFE Board.
(3) Schedule 2 has effect in respect of the membership and meetings of the audit and risk management committee.
16
Other committees
16 Other committees
(1) The TasTAFE Board may establish any committee it considers appropriate in relation to the functions and powers, or operation, of TasTAFE.
(2) A committee established under subsection (1) is to provide advice to the TasTAFE Board on each matter specified in the terms of reference that establish the committee.
(3) Schedule 2 has effect in respect of the membership and meetings of each committee established under subsection (1) .
Part 3
Administration of TasTAFE
Part 3 Administration of TasTAFE
17
Statement of expectations
17 Statement of expectations
(1) The Minister must provide the TasTAFE Board with a statement of expectations for TasTAFE that specifies the expectations relating to the strategic objectives, and policy expectations, of TasTAFE.
(2) Before providing a statement of expectations under subsection (1) , the Minister is to consult with the TasTAFE Board in respect of the statement of expectations.
(3) A statement of expectations provided under subsection (1) –
(a) is to be in writing and signed by the Minister; and
(b) takes effect on the day on which it is provided to the TasTAFE Board under subsection (1) or such later day as is specified in the statement.
(4) The Minister may, at any time, on the Minister’s own initiative or on the application of the TasTAFE Board –
(a) amend a statement of expectations provided under subsection (1) ; or
(b) revoke a statement of expectations, provided under subsection (1) , and provide a new statement of expectations under that subsection.
(5) The Minister must table a copy of a statement of expectations, provided under subsection (1) , before both Houses of Parliament within 10 sitting-days after the statement of expectations was signed by the Minister.
18
Ministerial directions
18 Ministerial directions
(1) The Minister may give the TasTAFE Board directions at any time regarding the performance and exercise of the functions and powers of TasTAFE, if the Minister is satisfied that it is in the public interest to do so.
(2) Before giving a direction under subsection (1) , the Minister is to consult with the TasTAFE Board.
(3) In giving a direction under subsection (1) , the Minister –
(a) is to have regard to the objectives, functions and powers of TasTAFE; and
(b) may not give a direction that conflicts with, or contradicts, the statement of expectations.
(4) A direction under subsection (1) is not to purport to exert control or influence over –
(a) the exercise by TasTAFE, or the TasTAFE Board, of its powers under this Act or any other Act; or
(b) the content of education, training or services provided by TasTAFE; or
(c) the content of events or activities conducted, promoted or supported by TasTAFE.
(b) specify the grounds on which the TasTAFE Board objects to the direction; and
(c) be provided to the Minister.
(8) If the Minister receives an objection under subsection (6) to a direction and the direction is not, or has not been, amended or revoked, the Minister is to cause a copy of the direction and the objection to be laid before each House of Parliament within 5-sitting days after the receipt of the objection.
19
Corporate plan
19 Corporate plan
(1) In each year, the TasTAFE Board is to prepare a draft corporate plan in respect of a period of at least 3 years commencing on 1 July in that year.
(2) The draft corporate plan is to include the following:
(a) a statement of TasTAFE's objectives, policies and programs and how they comply with the statement of expectations;
(b) a statement of TasTAFE’s financial plans for the period;
(c) the major strategies to be used to achieve the objectives and give effect to the policies, programs and financial plans;
(d) the targets to be met by TasTAFE in achieving its objectives, policies, programs and financial plans and the criteria for assessing the achievement of those targets.
(3) The TasTAFE Board is to provide the Minister with a copy of a draft corporate plan, prepared under subsection (1) , at least 2 months before the plan is to commence.
(4) The Minister, in consultation with the Treasurer, may –
(a) approve the draft corporate plan of TasTAFE; or
(b) require the TasTAFE Board to amend the draft corporate plan one or more times before approving it under paragraph (a) .
(5) On being approved by the Minister under subsection (4)(a) , the draft corporate plan becomes the corporate plan of TasTAFE for the period specified in the plan.
(6) The TasTAFE Board may draft an amendment of the corporate plan at any time.
(7) A draft of an amendment of the TasTAFE corporate plan under subsection (6) takes effect when the Minister, in consultation with the Treasurer, approves it.
(8) Unless otherwise authorised by the Minister, in consultation with the Treasurer, TasTAFE must act in accordance with the corporate plan.
20
Child safe code of conduct
20 Child safe code of conduct
(1) Within 3 months after the commencement of this section, the TasTAFE Board must prepare a code of conduct in respect of TasTAFE that specifies, in relation to all persons employed or engaged in relation to TasTAFE –
(a) the expected behaviours when interacting with TasTAFE students, children and young people; and
(b) behaviours that are unacceptable when interacting with TasTAFE students, children and young people.
(2) The TasTAFE Board is to ensure that the code of conduct prepared under subsection (1) is published on a website operated by, or on behalf of, TasTAFE, while that code of conduct remains in force.
(3) A person employed, or engaged, in relation to TasTAFE must comply with the child safe code of conduct prepared under this section.
21
Funds of TasTAFE
21 Funds of TasTAFE
(1) The funds of TasTAFE consist of any money –
(a) received by it by way of fees, levies and charges; and
(b) otherwise received by it in the course of performing its functions and exercising its powers; and
(c) received by it, or the TasTAFE Board, from any other source.
(2) The funds of TasTAFE are to be applied –
(a) in the payment of the remuneration of the TasTAFE directors, the TasTAFE CEO and the TasTAFE employees; and
(b) in the payment or discharge of the expenses, charges and obligations incurred or undertaken by TasTAFE in the performance and exercise of its functions and powers.
22
Authorised deposit-taking institution accounts
22 Authorised deposit-taking institution accounts
TasTAFE, with the written approval of the Treasurer, may open and maintain such accounts at an authorised deposit-taking institution as it considers necessary.
23
Transfer of Crown land
23 Transfer of Crown land
(1) The Minister, by notice published in the Gazette, may transfer Crown land specified in the notice to TasTAFE if –
(a) the Treasurer and the Minister administering the Crown Lands Act 1976 approve that transfer; and
(b) TasTAFE has agreed to the transfer of the land.
(2) On the day on which a notice under subsection (1) takes effect, the Crown land specified in the notice vests in TasTAFE –
(a) subject only to those estates in the land specified in the notice; or
(b) if the notice does not specify that the land vests subject to an estate, free from all encumbrances.
(3) On the recommendation of the Minister, the Treasurer, by notice in the Gazette, may exempt TasTAFE from any liability to pay any State charges, taxes or duties specified in the notice in respect of the vesting of land under this section.
Except with the written approval of the Treasurer, TasTAFE, or a subsidiary of TasTAFE, must not borrow from any person other than the Tasmanian Public Finance Corporation established by the Tasmanian Public Finance Corporation Act 1985 .
26
Accounting records
26 Accounting records
TasTAFE is to –
(a) keep accounting records that correctly record and explain the transactions made by (including any transactions as trustee), and the financial position of, TasTAFE; and
(b) keep those records in a manner that –
(i) allows true and fair accounts of TasTAFE to be prepared from time to time; and
(ii) allows the accounts of TasTAFE to be conveniently and properly audited or reviewed; and
(iii) subject to any contrary direction of the Treasurer, complies with the relevant accounting standards; and
(iv) complies with any written directions of the Treasurer; and
(c) retain those records for a period of not less than 7 years after the completion of the transaction to which they relate or for a longer period determined by the Treasurer, as specified in writing and provided to the TasTAFE Board.
27
TasTAFE financial statements
27 TasTAFE financial statements
(1) Within 45 days after the end of each financial year, the TasTAFE Board is to –
(a) prepare the financial statements for the financial year in accordance with –
(ii) each relevant direction of the Treasurer under subsection (2) ; and
(iii) the accounting standards; and
(b) as soon as practicable after preparing the financial statements under paragraph (a) for a financial year, provide a copy of the statements to the Auditor-General.
(2) The Treasurer may give written directions to the TasTAFE Board in respect of the form and content of the financial statements.
28
Report of Auditor-General
28 Report of Auditor-General
The Auditor-General must provide each of the following to the Treasurer, the Minister and the TasTAFE Board:
(a) each opinion of the Auditor-General, prepared under section 19 of theAudit Act 2008 , in respect of the financial statements prepared by the TasTAFE Board under section 27 ;
(b) each formal communication of audit findings of the Auditor-General, under section 19 of theAudit Act 2008 , in respect of the financial statements prepared by the TasTAFE Board under section 27 .
29
Effect of Financial Agreement Act 1994
29 Effect of Financial Agreement Act 1994
If the Treasurer, under section 5(1) of theFinancial Agreement Act 1994 , requires TasTAFE to do or to refrain from doing anything for the purpose of implementing the Agreement, within the meaning of that Act, TasTAFE must comply with that requirement.
30
Annual reports
30 Annual reports
(1) As soon as practicable after the end of a financial year, the TasTAFE Board is to prepare an annual report, in respect of TasTAFE, for the financial year.
(2) An annual report, prepared in respect of TasTAFE under subsection (1) , is to include the following information and documents in respect of the financial year to which the annual report relates:
(a) the TasTAFE financial statements prepared under section 27 ;
(b) a copy of the report of the Auditor-General received under section 19 of theAudit Act 2008 in respect of those TasTAFE financial statements;
(c) the details of –
(i) each Ministerial direction in force during the financial year; and
(ii) each action taken, or why no action has been taken, by the TasTAFE Board in respect of those directions;
(d) the details of –
(i) each statement of expectations that has been in force during the financial year; and
(ii) any action taken by the TasTAFE Board in respect of those statements of expectations;
(e) a summary of the corporate plan in force in respect of the financial year;
(f) a report on the performance of TasTAFE with reference to the following, as set out in the corporate plan:
(i) the targets to be met by TasTAFE in achieving its objectives, policies, programs and financial plans;
(ii) the criteria for assessing the achievement of those targets;
(g) a report on the operations of TasTAFE during the financial year;
(h) any information that the Minister has requested that relates to the TasTAFE directors, the TasTAFE CEO or the TasTAFE employees;
(i) any other information that the Minister has requested;
(j) any other information that the TasTAFE Board considers relevant, appropriate or necessary to properly inform the Minister and Parliament with regard to the performance and progress of TasTAFE in the financial year.
(3) As soon as practicable after preparing an annual report under this section, the TasTAFE Board is to provide the annual report to the Minister.
31
Tabling of annual report
31 Tabling of annual report
(1) The Minister is to lay a copy of the annual report of TasTAFE, that is provided to the Minister under section 30 , before each House of Parliament within 4 months after the end of the financial year to which the annual report relates.
(2) If the Minister is unable to comply with subsection (1) for a reason other than that a House of Parliament is not sitting at the expiration of the period specified in that subsection, the Minister, before the expiration of that period, is to lay before each House of Parliament a statement specifying –
(a) the reasons for the failure to comply with that subsection; and
(b) an estimate of the day by which a copy of the annual report of TasTAFE may be ready to be laid before each House of Parliament.
(3) If the Minister is unable to lay a copy of the annual report of TasTAFE before a House of Parliament within the period specified in subsection (1) , or by the day specified in a statement referred to in subsection (2)(b) in respect of the report, because either House of Parliament is not sitting at the expiration of that period or on that day, the Minister is to –
(a) provide a copy of the annual report to the Clerk of that House of Parliament as soon as possible after the expiration of that period or that day; and
(b) lay a copy of the annual report before that House within the next 7 sitting-days of that House.
32
TasTAFE by-laws
32 TasTAFE by-laws
(1) The TasTAFE Board may make by-laws in respect of –
(a) any matter relating to the functions and powers of TasTAFE; and
(b) the conduct and discipline of any persons in respect of –
(i) any facilities, assets and equipment owned, occupied, managed or used by TasTAFE; or
(ii) the provision of vocational education and training and other education or training by TasTAFE; and
(c) the operation of student organisations.
(2) The by-laws may be made so as to apply differently according to factors specified in the by-laws.
(3) The by-laws may authorise any matter to be from time to time approved, determined, applied or regulated by the TasTAFE Board, the TasTAFE CEO or another person specified in the by-laws.
(4) The by-laws may –
(a) provide that a contravention of any of the by-laws is an offence; and
(b) in respect of such an offence, provide for the imposition of a fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.
(5) By-laws made under this section are statutory rules for the purposes of the Rules Publication Act 1953 .
Part 4
Compliance and Enforcement
Part 4 Compliance and Enforcement
33
Offences relating to TasTAFE director
33 Offences relating to TasTAFE director
(1) A TasTAFE director must act honestly when taking an action, or refusing to take an action, in accordance with this Act.
Penalty: Fine not exceeding 100 penalty units.
(2) A TasTAFE director must act honestly, and exercise reasonable care and diligence, when performing a function or exercising a power, or refusing to perform a function or exercise a power, under this Act.
Penalty: Fine not exceeding 100 penalty units.
34
Offences relating to TasTAFE CEO
34 Offences relating to TasTAFE CEO
(1) The TasTAFE CEO must act honestly when taking an action, or refusing to take an action, in accordance with this Act.
Penalty: Fine not exceeding 100 penalty units.
(2) The TasTAFE CEO must act honestly, and exercise reasonable care and diligence, when performing a function or exercising a power, or refusing to perform a function or exercise a power, under this Act.
Penalty: Fine not exceeding 100 penalty units.
35
Misuse of information
35 Misuse of information
(1) A person who is, or was, the TasTAFE CEO or a TasTAFE director must not improperly use, whether in Tasmania or elsewhere, information acquired as the TasTAFE CEO, or as a TasTAFE director –
(a) to gain, whether directly or indirectly, a personal advantage or an advantage for another person; or
(b) to cause damage to TasTAFE.
Penalty: Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 5 years, or both.
(2) A person who is, or was, the TasTAFE CEO or a TasTAFE director must not improperly use, whether in Tasmania or elsewhere, his or her position as the TasTAFE CEO or a TasTAFE director, or a former TasTAFE CEO or TasTAFE director –
(a) to gain, whether directly or indirectly, a personal advantage or an advantage for another person; or
(b) to cause damage to TasTAFE.
Penalty: Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 5 years, or both.
36
Breaches of child safe code of conduct
36 Breaches of child safe code of conduct
(1) In this section –
allegation, in relation to a person, means an allegation that the person has breached the child safe code of conduct;
investigator, in relation to an allegation, means the person appointed under this section to investigate the allegation.
(2) Subject to subsection (3) , the TasTAFE CEO is to appoint a person to investigate an allegation if the TasTAFE CEO is satisfied that the person has the appropriate qualifications and skills to undertake such an investigation.
(3) Despite subsection (2) , if an allegation is made in respect of the TasTAFE CEO, the TasTAFE Board is to appoint a person to investigate the allegation if the Board is satisfied that the person has the appropriate qualifications and skills to undertake such an investigation.
(4) After completing an investigation of an allegation, the investigator in relation to the allegation is to report his or her findings in respect of the allegation to the person who appointed the investigator under this section (the relevant authority).
(5) After receiving the report of an investigator under subsection (4) in respect of an allegation, the relevant authority in respect of the investigation may determine whether or not the person, against whom the allegation was made, is found to have breached the child safe code of conduct.
(6) If, as a result of an investigation under this section, a person is found to have breached the child safe code of conduct, the relevant authority in respect of the investigation may take one or more of the following actions in respect of the person:
(a) direct that the person undergo counselling as specified by the relevant authority;
(c) if the person is a registered teacher within the meaning of the Teachers Registration Act 2000 , notify the Board, within the meaning of that Act, in respect of the breach;
(d) determine whether the breach amounts to serious misconduct within the meaning of the Fair Work Act 2009 of the Commonwealth;
(e) refer the matter to the Police Service.
(7) Except as specified in this section, the TasTAFE Board may determine how an investigation into an allegation is to be conducted.
(8) Nothing in this section affects the rules of procedural fairness that may apply to an investigation into an allegation under this section.
37
False and misleading information
37 False and misleading information
(1) A person must not, in answering a question or providing information under this Act –
(a) make a statement knowing it to be false or misleading; or
(b) omit any matter from a statement knowing that without that matter the statement is false or misleading.
Penalty: Fine not exceeding 100 penalty units.
(2) A person must not, in answering a question or providing information to another person under this Act, provide a document that the person knows to be false or misleading without specifying to the other person to whom the document is provided –
(a) that the person providing the document believes it to be false or misleading; and
(b) the basis for the belief; and
(c) the manner in which the person believes the document is false or misleading; and
(d) any information that the person has concerning who had access to the document that is false or misleading; and
(e) any information that the person has concerning where a document, that is not false or misleading, may be held.
Penalty: Fine not exceeding 100 penalty units.
38
Notification of charge or finding of guilt for certain offences
38 Notification of charge or finding of guilt for certain offences
(1) In this section –
specified offence means –
(a) an offence, committed in Tasmania, which is punishable by a term of imprisonment; or
(b) an offence, committed outside of Tasmania, which, if committed in Tasmania, is punishable by a term of imprisonment.
(2) If a TasTAFE employee is charged with a specified offence in Tasmania or elsewhere, the person must give written notice to the TasTAFE CEO of the charge, and the details of the alleged specified offence, within 14 days after the person is so charged.
Penalty: Fine not exceeding 10 penalty units.
(3) If a TasTAFE employee is charged with a specified offence in Tasmania or elsewhere and –
(a) a court has made a finding of guilty or not guilty, or another finding, in relation to the charge; or
(b) a court adjourns proceedings on the charge sine die; or
(c) the charge is dismissed or withdrawn –
the person must notify the TasTAFE CEO, in writing, of that fact within 14 days after the court has made the relevant finding, or adjournment, or the charge is dismissed or withdrawn.
Penalty: Fine not exceeding 10 penalty units.
39
Complaints
39 Complaints
(1) A person may complain about the professional conduct of a person who is or was –
(a) the TasTAFE CEO; or
(b) a TasTAFE employee.
(2) A complaint under subsection (1) may only be made within the 6-month period after the complainant becomes aware of the professional conduct that is the subject of the complaint.
(i) if the complaint relates to the TasTAFE CEO, the TasTAFE Board; and
(ii) if the complaint relates to a TasTAFE employee, the TasTAFE CEO; and
(b) contain the details of the professional conduct that is the subject of the complaint, as they are known to the complainant; and
(c) disclose the name of, and contact information for, the complainant; and
(d) be signed by the complainant.
(4) As soon as practicable after receiving a complaint under this section, the TasTAFE CEO or the TasTAFE Board is to ensure that an inquiry into the complaint is held, in accordance with section 41 , and concluded as expeditiously as possible.
40
TasTAFE employees may be suspended in certain circumstances
40 TasTAFE employees may be suspended in certain circumstances
(1) The TasTAFE CEO may immediately suspend a TasTAFE employee if the TasTAFE CEO believes, on reasonable grounds, that –
(a) the TasTAFE employee has harmed, or may pose a risk of harm, to a TasTAFE student or another TasTAFE employee; or
(b) the TasTAFE employee has committed serious misconduct within the meaning of the Fair Work Act 2009 of the Commonwealth.
(2) On suspending a TasTAFE employee under this section, the TasTAFE CEO is to –
(a) serve a written notice on the employee in respect of the suspension; and
(b) if the employee is a registered teacher under the Teachers Registration Act 2000 , give a copy of the written notice referred to in paragraph (a) to the Board within the meaning of that Act; and
(c) ensure that an inquiry into the matter giving rise to the suspension is held, in accordance with section 41 , and concluded as expeditiously as possible.
(3) The suspension of a TasTAFE employee under this section takes effect upon the TasTAFE employee being served with a written notice, in respect of the suspension, in accordance with subsection (2)(a) .
41
Inquiries
41 Inquiries
(1) The TasTAFE CEO must hold an inquiry in respect of a matter giving rise to the suspension of a TasTAFE employee under section 40 .
(2) If the TasTAFE CEO believes on reasonable grounds that it is in the public interest to do so, the TasTAFE CEO may hold an inquiry in respect of a complaint given to the TasTAFE CEO under section 39 .
(3) If the TasTAFE Board believes on reasonable grounds that it is in the public interest to do so, the TasTAFE Board may hold an inquiry in respect of a complaint given to the TasTAFE Board under section 39 .
(4) The TasTAFE CEO, or the TasTAFE Board, may –
(a) hold an inquiry under this section; or
(b) appoint a committee of inquiry to hold the inquiry on behalf of the TasTAFE CEO or the TasTAFE Board.
(5) An inquiry under this section –
(a) is to be held subject to this Act and in accordance with any directions of the TasTAFE Board or, in the case of a committee of inquiry appointed by the TasTAFE CEO, the TasTAFE CEO; and
(b) may otherwise be held in any manner that the person holding it thinks appropriate.
(6) If a decision is made as a result of an inquiry under this section, the person who held the inquiry is to give notice, in writing, of that decision to –
(a) the person who is the subject of the inquiry; and
(b) if the inquiry is the result of a complaint under section 39 , the person who made the complaint; and
(c) if the person who is the subject of the inquiry is registered under the Teachers Registration Act 2000 , the Board within the meaning of that Act.
(7) Nothing in this section affects the rules of procedural fairness that may apply to an inquiry held under this section.
42
Effect of offences committed by body corporate
42 Effect of offences committed by body corporate
(1) In this section –
officer has the same meaning as in the Corporations Act.
(2) If a body corporate commits an offence under this Act, each officer of the body corporate or another person concerned in the management of the body corporate is also taken to have committed the offence, except where it is proved that the officer or other person could not have prevented the commission of the offence by the exercise of reasonable diligence.
(3) An officer of a body corporate or another person may be found guilty in respect of an offence in accordance with subsection (2) whether or not the body corporate is charged with, or found guilty of, the offence.
43
Court orders on finding of guilt
43 Court orders on finding of guilt
(1) If a person is found guilty of an offence under section 33 , 34 or 35 , the court determining the proceedings for the offence may, in addition to any other order, make an order for compensation to be paid to TasTAFE in respect of –
(a) any profit made by the person, or another person, as a result of the commission of the offence; and
(b) an amount equal to the loss and damage suffered by TasTAFE as a result of the commission of the offence.
(2) Nothing in subsection (1) prevents TasTAFE from applying to a court of competent jurisdiction to recover an amount referred to in that subsection, as a debt due and owing by the person convicted of the offence, if an order for compensation is not made at the time at which the person is found guilty of the offence.
44
Evidentiary matters
44 Evidentiary matters
All courts and persons acting judicially are to take judicial notice of the seal of TasTAFE affixed to a document and, unless the contrary intention is proven, are to presume that the seal was duly affixed to the document.
Part 5
Miscellaneous
Part 5 Miscellaneous
45
Infringement notice offences
45 Infringement notice offences
(1) In this section –
infringement offence means an offence under this Act, the regulations or the by-laws –
(a) in relation to an offence under this Act or the regulations, that is prescribed as an infringement offence; and
(b) in relation to an offence under the by-laws, that is specified in the by-laws as an infringement offence.
(2) The TasTAFE CEO may issue and serve an infringement notice on a person if he or she reasonably believes that the person has committed an infringement offence.
(4) In relation to an infringement offence under this Act or the regulations, the regulations may prescribe –
(a) the penalty that is payable, for that offence, under an infringement notice; and
(b) different penalties for bodies corporate and individuals.
(5) In relation to an infringement offence under the by-laws, the by-laws may specify the penalty that is payable, for that offence, under an infringement notice.
46
Regulations
46 Regulations
(1) The Governor may make regulations for the purposes of this Act.
(2) Without limiting the generality of subsection (1) , the regulations may –
(a) prescribe the practices and procedures for complaints and inquiries under this Act; and
(b) provide for fees and charges payable in respect of any matter under the Act; and
(c) provide for the requirement for further information, or documentation, to be provided in respect of a matter under the Act.
(3) The regulations may –
(a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and
(b) in respect of such an offence, provide for the imposition of a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.
(4) Regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.
(5) The regulations may authorise any matter to be from time to time determined, applied or regulated by TasTAFE, the TasTAFE Board, the TasTAFE CEO or any other person specified in the regulations.
47
Reviews of Act
47 Reviews of Act
(1) In this section –
independent review means a review carried out by two or more persons who –
(a) in the Minister’s opinion, hold the appropriate qualifications and skills to perform the review; and
(b) include one or more persons who are not –
(i) State Service officers or State Service employees; or
(ii) TasTAFE directors or TasTAFE employees.
(2) As soon as practicable after the 6-month anniversary of the commencement of section 4 , the Minister is to cause a review into the implementation of this Act and its impact on the operation of TasTAFE.
(3) As soon as practicable after the 30-month anniversary, and after the 6-year anniversary, of the commencement of section 4 , the Minister is to commission an independent review into –
(a) the operation of this Act, and the scope and the potential scope of this Act, since its commencement; and
(b) the operation of TasTAFE, and its organisational and administrative structure, under this Act.
(4) The Minister is to ensure that a written report on a review, conducted under subsection (2) , is prepared as soon as practicable after the completion of the review.
(5) As soon as practicable after the completion of an independent review under subsection (3) , a written report on the review is to be provided to the Minister.
(6) The Minister is to cause a copy of each report, prepared under subsection (4) or provided to the Minister under subsection (5) , to be tabled in each House of Parliament within 10 sitting-days after the report is given to the Minister.
(2) The savings and transitional provisions specified in Schedule 3 have effect.
(3) In addition to section 46 , the Governor may also make regulations of a savings and transitional nature, consequent on the enactment of this Act, to effect, and facilitate, the transition from the former Act to this Act.
(4) Without limiting the generality of subsection (3) , regulations made under that subsection may –
(a) clarify, or amend, the status, entitlements or rights of the TasTAFE CEO and TasTAFE employees transitioned to this Act from the former Act; and
(b) provide for the transition of training and courses offered or provided under the former Act; and
(c) provide for the preservation, continuation, variation or revocation of decisions or actions taken under the former Act; and
(d) provide for the preservation, continuation, variation or revocation of notices, instruments or other documents given or issued under the former Act; and
(e) deal with any other incidental, transitional or ancillary matter in respect of the former Act.
(a) take effect on the day on which the first section of this Act commences or a later day as specified in the regulations, whether the day so specified is before, on or after the day on which the regulations are made; and
(b) be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations; and
(c) authorise any matter to be from time to time determined applied or regulated by –
(i) the Secretary of the Department; or
(ii) the TasTAFE Board.
(6) Subject to subsection (7) , nothing in this section authorises regulations made under this Act to reduce or limit the entitlements and rights, accrued by a TasTAFE employee as such an employee.
(7) Subsection (6) does not apply in respect of a regulation that amends the entitlements and rights if the amendment is required for the entitlements and rights to be consistent with an award or agreement that applies, and is in force, in respect of a TasTAFE employee as such an employee.
49
Effect of consequential amendment of regulations
49 Effect of consequential amendment of regulations
The amendment by this Act of a provision of any subordinate legislation does not prevent that provision, or any other provisions, of that subordinate legislation from being amended or rescinded by subordinate legislation.
former TasTAFE means TasTAFE, as continued under the former Act, as constituted immediately before the commencement day;
former TasTAFE employee means a person who, immediately before the commencement day, was –
(a) a TasTAFE employee within the meaning of the former Act; or
(b) a person who was purportedly a TasTAFE employee within the meaning of the former Act.
2. TasTAFE continues
(1) For the avoidance of doubt, on the commencement day, TasTAFE is the legal successor in title in relation to –
(a) all property and contracts of the former TasTAFE; and
(b) all authorised deposit-taking institution accounts that are maintained in the name of the former TasTAFE; and
(c) all rights and liabilities of the former TasTAFE.
(2) If the context requires, a reference to the former TasTAFE in any document or instrument is taken, on and after the commencement day, to be a reference to TasTAFE.
3. TasTAFE Board continues
The TasTAFE Board, within the meaning of the former Act, as constituted immediately before the commencement day is taken, on the commencement day, to be the board of directors appointed by the Minister under section 6(1) on the same terms and conditions.
4. TasTAFE directors continue
(1) A person who, immediately before the commencement day, held the position of TasTAFE director, within the meaning of the former Act, is taken, on and after the commencement day, to hold the position of TasTAFE director under this Act on the same terms and conditions.
(2) For the avoidance of doubt, subclause (1) applies to a TasTAFE director under the former Act regardless of whether the TasTAFE director was appointed under section 60 or section 63 of the former Act.
(3) The TasTAFE director under the former Act who was the chairperson of the TasTAFE Board, immediately before the commencement day, is taken on the commencement day to be appointed as the chair of the TasTAFE Board under this Act.
5. TasTAFE CEO appointed
(1) A person whose appointment as the TasTAFE chief executive officer under the former Act is terminated under clause 7(1) is taken, on that termination, to be appointed to the position of TasTAFE CEO on the terms and conditions specified in the person’s notification of appointment under this Act.
(2) For the avoidance of doubt –
(a) this Act applies to a person taken to be appointed as the TasTAFE CEO under subclause (1) as if the person were appointed under section 10 as the chief executive officer of TasTAFE; and
(b) a person’s notification of appointment under subclause (1) is taken to be the person’s instrument of appointment as the TasTAFE CEO.
6. Former TasTAFE employees taken to be appointed as TasTAFE employees
(1) A person whose appointment or employment as a former TasTAFE employee is terminated under clause 7(2) is taken, on that termination, to be appointed as a TasTAFE employee on the terms and conditions specified in the person’s notification of appointment under this Act.
(2) For the avoidance of doubt –
(a) this Act applies to a person taken to be appointed as a TasTAFE employee under subclause (1) as if the person were appointed under section 11 as a TasTAFE employee; and
(b) a person’s notification of appointment under subclause (1) is taken to be the person’s instrument of appointment as a TasTAFE employee.
7. Termination of certain appointments, &c.
(1) On the commencement day –
(a) the appointment of a person under the former Act as the TasTAFE chief executive officer is terminated; and
(b) the State Service Act 2000 ceases to apply to the person referred to in paragraph (a) in respect of his or her appointment under the former Act as the TasTAFE chief executive officer; and
(c) the person who appointed the person as TasTAFE chief executive officer under the former Act is taken not to be a public sector employer for the purposes of the Industrial Relations (Commonwealth Powers) Act 2009 .
(2) On the commencement day –
(a) a person’s appointment or employment as a former TasTAFE employee is terminated, regardless of whether the appointment or employment was for a fixed term or otherwise; and
(b) the State Service Act 2000 ceases to apply to a person to whom paragraph (a) applies, in respect of his or her appointment or employment under the former Act as a former TasTAFE employee; and
(3) The termination of a person’s appointment or employment as the TasTAFE CEO, or as a TasTAFE employee, under this clause –
(a) does not entitle the person to compensation, or another form of consideration or payment, solely due to the termination of appointment or employment under this clause; and
8. Certain service taken to be continuous employment
(1) In this clause –
transitioned employee includes –
(a) a person who is taken to be the TasTAFE CEO by virtue of clause 5(1) ; and
(b) a person who is taken to be a TasTAFE employee by virtue of clause 6(1) .
(2) The period for which a person serves as a TasTAFE employee is taken to be continuous service as a State Service employee for the purpose of calculating leave, or other entitlements, if –
(a) the person is a transitioned employee; and
(b) within 5 years after the person became a transitioned employee, the person is appointed or employed in a position that, in accordance with another Act or instrument, entitles or provides for the leave, or other entitlements, of the person to be calculated as if the person was a State Service employee or a State Service officer; and
(c) the person was continuously appointed as a TasTAFE employee under this Act for the period –
(i) commencing on the person becoming a transitioned employee; and
(ii) ending on the person’s appointment to the position referred to in paragraph (b) .
9. Committees under former Act continue
(1) A committee that was established under section 70 of the former Act and is in force, immediately before the commencement day, is taken, on and after the commencement day, to be the audit and risk management committee established, under section 15 , on the same terms and conditions.
(2) A committee that was established under section 71 of the former Act and is in force, immediately before the commencement day, is taken, on and after the commencement day, to be a committee established, under section 16 , on the same terms and conditions.
(3) For the avoidance of doubt, this Act applies in relation to the membership, meetings, dissolving and winding-up of a committee established under section 70 or 71 of the former Act that is continued under this clause.
10. Students, and courses, of TasTAFE continue
For the avoidance of doubt –
(a) a student of the former TasTAFE immediately before the commencement day is taken, on and after the commencement day, to be a student of TasTAFE on the same terms and conditions; and
(b) an offer of enrolment, or placement, made by the former TasTAFE that was to occur after the commencement day is taken, on and after the commencement day, to have been an offer of enrolment, or placement, made by TasTAFE on the same terms and conditions; and
(c) a course being provided by the former TasTAFE immediately before the commencement day is, on and after the commencement day, to be continued to be provided by TasTAFE.
(a) are taken to have been made under section 32 ; and
(b) continue in force until the tenth anniversary of the day on which their making was notified in the Gazette, unless earlier rescinded.
(2) A reference in the TasTAFE By-laws 2014 to a section of the former Act is taken, on and after the commencement day, to be a reference to the equivalent provision of this Act.
(3) Unless a contrary intention applies, or the context requires –
(a) a term used in the TasTAFE By-laws 2014 has the same meaning as in this Act; or
(b) if a term used in the TasTAFE By-laws 2014 is not defined in this Act but is defined in the former Act, the term has the same meaning as in the former Act.
12. Legal matters
(1) For the avoidance of doubt, legal proceedings may be continued against TasTAFE on and after the commencement day if the proceedings –
(a) are instituted by or against –
(i) the former TasTAFE; or
(ii) the Crown in respect of the former TasTAFE; and
(b) are pending on the commencement day.
(2) For the avoidance of doubt, legal proceedings may be instigated by or against TasTAFE on and after the commencement day if the proceedings –
(a) relate to a right or liability that had accrued, and was in existence, immediately before the commencement day; and
(b) if this Act had not commenced, could have been instituted by or against –
(i) the former TasTAFE; or
(ii) the Crown in respect of the former TasTAFE.
(3) For the avoidance of doubt, a judgement or order of a court obtained by or against the former TasTAFE may, on and after the commencement day, be enforced by or against TasTAFE.
13. Ministerial directions and expectations
(1) A direction of the Minister given under section 72 of the former Act in respect of the former TasTAFE is taken, on and after the commencement day, to be a Ministerial direction given under this Act in respect of TasTAFE.
(2) The policy expectations provided by the Minister under section 73 of the former Act in respect of the former TasTAFE are taken, on and after the commencement day, to be the statement of expectations provided under this Act in respect of TasTAFE.
14. Records and other documents
(1) A record, statement or other document required to be kept by the former TasTAFE under the former Act is taken to be, on and after the commencement day –
(a) a record, statement or document in relation to TasTAFE; and
(b) a record, statement or document required to be kept under the equivalent provision of this Act in respect of TasTAFE.
(2) The TasTAFE corporate plan in force under the former Act, immediately before the commencement day, is taken, on and after the commencement day, to be the corporate plan in force under this Act.
(3) If this Act commences during a financial year, the annual report prepared under this Act in respect of the financial year is to be prepared as if –
(a) this Act was in force for the whole of that financial year; and
(b) the former TasTAFE was TasTAFE under this Act for such part of the financial year in respect of which the former Act was in force.
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
This Act may be cited as the TasTAFE (Skills and Training Business) Act 2021 .
2 Commencement
2 Commencement
The provisions of this Act commence on a day or days to be proclaimed.
3 Interpretation
3 Interpretation
In this Act –
accounting standards means the accounting standards, and other requirements, issued by the Australian Accounting Standards Board continued in existence under the Australian Securities and Investments Commission Act 2001 of the Commonwealth;
annual report, in relation to a financial year, means the annual report of TasTAFE prepared under section 30 in respect of the financial year;
Australian Qualifications Framework has the same meaning as in the Training and Workforce Development Act 2013 ;
by-laws means the by-laws made under section 32 and in force;
child safe code of conduct means the code of conduct prepared under section 20 and in force;
corporate plan means the corporate plan of TasTAFE approved under section 19(4)(a) and in force;
Ministerial direction means a direction of the Minister in force under section 18 ;
regulations means the regulations made under this Act;
statement of expectations means a statement of expectations provided by the Minister under section 17 and in force;
requires an audit and risk committee and allows the Board to appoint other committees (s15-16; Sched 2);
establishes a ministerial oversight architecture: a statement of expectations that the Minister must provide to the Board and table in Parliament (s17), Ministerial directions which may be issued where the Minister is satisfied it is in the public interest and must be consulted on before issue (s18(1)-(3)), and a requirement that the Board prepare a minister‑approved corporate plan (s19);
mandates a child safe code of conduct for all persons employed or engaged in relation to TasTAFE and makes compliance compulsory (s20);
sets out financial architecture: funds, banking with Treasurer approval, restrictions on borrowing (Tasmanian Public Finance Corporation unless Treasurer authorises) (s21-25), accounting, audit and reporting obligations including deadlines for financial statements and tabling of an annual report in Parliament (s26-31);
creates compliance, disciplinary and enforcement provisions for directors, the CEO and employees (offences of dishonest conduct, misuse of information, false or misleading statements, reporting requirements for specified charges), and establishes investigation, suspension and inquiry processes, including protections for procedural fairness (s33-44);
enables by-laws that carry their own infringement or fine regimes, and enables the CEO to issue infringement notices for prescribed offences (s32, s45);
provides for regulations and consequential and transitional provisions, including savings for existing TasTAFE arrangements and mandates reviews of the Act at 6 months, 30 months and 6 years (s46-48).
The Act frames ministerial oversight and corporate governance as the primary levers for accountability: the Minister supplies a written, tabled statement of expectations (s17), may issue directions (s18) but must consult and may not direct so as to conflict with the statement of expectations (s18(2)-(3)), and the Minister approves the Board’s corporate plan in consultation with the Treasurer (s19(3)-(5)). These are the mechanics for aligning TasTAFE’s strategic objectives and performance with government policy. The Act also establishes compliance and transparency controls: financial statements subject to accounting standards and Auditor-General review (s26-28), and parliamentary tabling of both statements of expectations and annual reports (s17(5); s31).
Costs, incentives and implementation trade-offs are embedded in the mechanics. The Board and CEO are given broad powers to run TasTAFE as a corporate body and to pursue commercial activities incidental to training (s5(3)(a)-(b)), but the Act also confines certain transactions (real property dealings, company formation, trusts, profit-sharing arrangements) to Minister and Treasurer approvals (s5(3)(e)-(f)). That structure concentrates decision rights on strategic buy/sell or profit-sharing activities away from operational management and into political executive oversight. The Act reduces some public-sector legal constraints on governance by excluding State Service Act application to directors, the CEO and TasTAFE employees in their TasTAFE capacities (s12(1); Sched 1 cl4), which affects industrial relations status and related obligations (s12(3); Sched 3 cl7). At the same time, certain statutory employee protections remain by specific cross-reference (long service leave and superannuation , s12(4)-(5)). The Act sets up both regulatory friction and potential flexibility: TasTAFE may commercialise and contract (s5(3)(d)), but financial and governance approvals and reporting requirements create points of control and compliance cost (s19, s26-31).
Who pays, who decides, and what behaviour changes are the Act’s operational levers. Ministers and the Treasurer decide on expectations, directions and approvals for major transactions (s17-19; s5(3)(e)-(f)). The TasTAFE Board and CEO decide on routine governance, implementation of strategy, staff appointments and day‑to‑day operations, subject to those Ministerial instruments and statutory duties (s6-11; s7(1)). Students may pay fees broadly set by TasTAFE except for the specified exemption for eligible post‑Year 10 students under s14(3). Directors and the CEO face criminal and disciplinary exposure for dishonest conduct and misuse of information (s33-35), and employees must comply with child safety rules and report specified charges (s20; s38). The remainder of this note unpacks the concepts, rights and duties and the practical compliance picture, with section references.
Main concepts
The Act organises TasTAFE as a corporate Crown instrumentality with business-style governance, statutory duties and constrained interaction with the public service. The central concepts are:
TasTAFE as a body corporate and Crown instrumentality: continued and restated (s4(1)-(2)). It may have a seal (s4(2)(b)), sue and be sued in its corporate name (s4(2)(c)) and may use Minister-approved trading names (s4(3)). The statutory continuity is emphasised in Schedule 3 (clause 2), which treats TasTAFE as successor in title to property, contracts and rights of the former TasTAFE on commencement.
Functions and business scope: TasTAFE’s statutory functions focus on delivering vocational education and training (VET) to a high standard, foundation skills, meeting needs in communities not effectively served by other providers, collaborating with industry and advising the Minister on significant developments (s5(2)(a)-(e)). Associated powers permit all acts necessary or convenient to discharge these functions, including commercial activities incidental to training and research, hiring out property, contracting and, with Minister/Treasurer approvals, dealing in real property or participating in trusts, companies and profit-sharing arrangements (s5(3)(a)-(f)). The Act thereby blends a public-service purpose with corporate operational autonomy.
Governance model: a Minister-appointed Board (5-7 members, s6(1)) carries primary governance duties: ensure functions and powers are exercised appropriately, manage in accordance with sound business practice and the statement of expectations, align with the corporate plan and applicable Ministerial directions, and set CEO performance objectives (s7). The Board may delegate most of its powers (s7(3)).
Executive and staffing arrangements: the TasTAFE CEO is appointed by the Board with prior consultation with the Minister (s10(1)-(2)) and is responsible for day-to-day management and administration (s10(3)(c)); TasTAFE may appoint employees on terms it considers appropriate (s11(1)-(2)). Critically, the State Service Act 2000 does not apply to the CEO or TasTAFE employees in their TasTAFE capacities, removing their classification as State Service officers for many purposes (s12(1); Sched 1 cl4), but specific statutory entitlements remain (s12(4)-(5)).
Ministerial oversight and planning instruments: the Minister must issue, after consultation, a written statement of expectations that is tabled in Parliament (s17); the Board must prepare and submit a corporate plan for Minister and Treasurer approval (s19); the Minister may issue directions in the public interest but may not direct so as to conflict with the statement of expectations and must consult with the Board before issuing directions (s18(1)-(3)). Directions must be in writing and can be objected to by the Board with parliamentary tabling requirements (s18(5)-(8)).
Compliance and transparency: financial records and standards, auditor review, and annual reporting with Parliamentary tabling are mandatory (s26-31). The Audit and Risk Management Committee is required (s15). By‑laws and regulations may create offences and infringement regimes (s32, s45, s46).
Student and operational controls: TasTAFE must keep student records as prescribed (s13); it can set fees and charges, subject to a specific exemption for eligible post-Year 10 secondary students (s14(2)-(3)); and by-laws may regulate conduct and discipline and impose penalties (s32).
Conduct and enforcement: directors and the CEO have statutory duties to act honestly and with reasonable care and diligence (s33-34), misuse of information is criminalised with higher penalties including imprisonment (s35), false and misleading statements are penalised (s37), and procedures for investigation, suspension and inquiry, including child safe investigations, are prescribed (s36, s40-41).
The Act’s architecture emphasises a hybrid: corporate-style governance and commercial powers constrained by ministerial oversight and explicit statutory duties and reporting obligations. The legislative text chooses specific levers , corporate plan approval, statement of expectations, ministerial directions, Treasurer approvals for certain transactions , to control strategic decisions while leaving operational execution to the Board and CEO. The Act repeatedly preserves parliamentary accountability by mandating tabling of key instruments (s17(5); s31(1); s47).
Key built-in tensions in the main concepts are visible from the text. TasTAFE’s power to undertake commercial activities and to enter contracts (s5(3)(a), (d)) is balanced against upstream executive approvals for real property and structural arrangements (s5(3)(e)-(f)). Directors and the CEO operate outside the State Service Act (s12(1)) which increases operational flexibility but can affect employment classification and industrial relations status (s12(3); Sched 3 cl7). Compliance obligations , audit, recordkeeping, reporting, by‑laws/regs offence regimes , create ongoing administrative burden and potential exposure to infringement notices (s26-31; s32; s45-46).
Who it affects
The Act affects a defined set of persons and organisations. Principal affected parties, and the source provisions that name them, are:
TasTAFE itself, as a statutory body corporate and instrumentality of the Crown (s4(1)-(2)), which inherits property, accounts, rights and liabilities of the former TasTAFE on commencement (Sched 3 cl2). TasTAFE’s funds derive from fees, other receipts, and other sources and must be applied to remuneration and expenses (s21).
The Minister for Skills, Training and Workforce Growth and the Treasurer, who exercise decisive functions: appointment of the Board (s6(1)); provision and tabling of the statement of expectations (s17(1), (5)); issuing directions where in the public interest (s18); approval of the corporate plan in consultation with the Treasurer (s19(3)-(5)); and approvals on real‑property or structural/financial matters (s5(3)(e)-(f); s22). The Act explicitly assigns administration to the Minister and Department of State Growth until administrative arrangements are otherwise made (s50).
The TasTAFE Board and TasTAFE directors: the Board is a central governance body with functions to ensure TasTAFE acts in accordance with sound business practice, the statement of expectations and corporate plan (s7). Directors are subject to duties to act honestly and exercise care and diligence (s33), must disclose pecuniary interests (Sched 1 cl17) and are appointed by the Minister (s6(1)).
The TasTAFE CEO: appointed by the Board after consultation with the Minister, responsible for general administration and management, with duties to act honestly and exercise reasonable care and diligence (s10; s34).
TasTAFE employees: TasTAFE may appoint employees on terms it considers appropriate (s11). The State Service Act does not apply to the CEO or TasTAFE employees in their TasTAFE capacities (s12(1)); yet certain leave and superannuation laws continue to apply (s12(4)-(5)). Employees are subject to disciplinary, reporting and suspension provisions and must notify certain criminal charges to the CEO (s36; s38; s40).
TasTAFE students: the Act requires maintenance of student records in prescribed form (s13) and gives TasTAFE a broad power to charge fees and levies (s14(2)), subject to the specific exemption for eligible post‑Year 10 students under s14(3).
Other educational providers and industry collaborators: while not directly regulated by the Act, the functions and powers of TasTAFE frame collaboration and competition (s5(2)(d)), and TasTAFE is given the power to provide services, consultancy and to engage in arrangements with employers (s5(3)(d)-(f)).
Financial institutions: borrowing by TasTAFE is limited to the Tasmanian Public Finance Corporation unless the Treasurer approves otherwise (s25). TasTAFE may open accounts at authorised deposit‑taking institutions with Treasurer approval (s22).
Regulatory and oversight bodies: the Auditor‑General receives TasTAFE financial statements and audit communications (s27-28); Parliamentary oversight is required for tabling of statements and reports (s17(5); s31; s47). The Monetary Penalties Enforcement Act is referenced for the form of infringement notices (s45(3)).
Teachers and other regulated professionals: the Act requires notification to relevant Registrars/Boards where child-safe code breaches occur or where teachers are involved (s36(6)(b)-(c)). Where employees are registered teachers, notifications to the Teachers Registration Board may be required (s36(6)(c)).
Courts and persons acting judicially: are required to take judicial notice of TasTAFE’s seal and its due affixation (s44).
Who pays: students (subject to exemptions, s14), TasTAFE as the public corporate entity (funds from fees and other receipts, s21) and ultimately the State (where Minister/Treasurer approvals and public funds are involved, and by virtue of TasTAFE being an instrumentality of the Crown, s4(2)(d)). Who decides: Minister and Treasurer for major strategic approvals and oversight (s17-19, s5(3)(e)-(f)); the Minister appoints the Board and may issue directions (s6; s18); the Board decides corporate management, appoints the CEO after consulting the Minister, and sets CEO objectives (s7; s10). What behaviour changes: directors and CEO are subject to statutory duties and criminal sanctions for misuse (s33-35), employees must comply with child safe code and notification obligations (s20; s36; s38), and TasTAFE must adopt corporate planning, accounting, auditing and reporting practices (s19; s26-31).
The Act also affects transitional cohorts: persons who were TasTAFE directors, the CEO, employees, students, and committees immediately before commencement are preserved and continued under transitional provisions (Sched 3 cl3-6, cl9-11). The State Service and industrial relations implications for those transitioning are specifically addressed in Schedule 3 (e.g., Sched 3 cl8 on continuity of service and cl7 on termination consequences).
Key duties and rights
The Act allocates duties and rights to the Minister, the TasTAFE Board, the TasTAFE CEO, directors, employees and students. Principal duties and rights, with statutory sources, follow.
Duties and rights of the Minister:
Must provide a written statement of expectations for TasTAFE specifying strategic objectives and policy expectations, after consulting the Board (s17(1)-(2)). The Minister must table the statement in both Houses within 10 sitting days (s17(5)).
May give directions to the Board regarding performance and exercise of TasTAFE’s functions if satisfied it is in the public interest and must consult with the Board prior to giving a direction (s18(1)-(2)). Directions cannot conflict with the statement of expectations (s18(3)) and are not to purport to exert control over the content of education, training or events conducted by TasTAFE (s18(4)(b)-(c)). Directions must be written and signed and specify commencement dates (s18(5)).
In conjunction with the Treasurer, may approve a draft corporate plan or require amendments (s19(4)); the Minister’s approval makes the draft plan the corporate plan (s19(5)).
The Minister has appointment and removal powers for the Board and may set the aggregate skills expectation for Board composition (s6(1)-(2); Sched 1 cl2). The Minister may remove a director for specified reasons in Schedule 1 (cl6).
Duties and rights of the TasTAFE Board and directors:
Board functions include ensuring TasTAFE’s functions and powers are performed appropriately; managing business and affairs in accordance with sound business practice, the statement of expectations and the corporate plan; and ensuring compliance with Ministerial directions (s7(1)(a)-(b)). The Board sets annual performance objectives for the CEO (s7(1)(c)).
The Board may delegate functions other than the power of delegation (s7(3)).
Directors must act honestly (s33(1)) and exercise reasonable care and diligence (s33(2)); failure attracts a penalty not exceeding 100 penalty units.
Directors must disclose pecuniary interests as soon as practicable and, unless the Board determines otherwise, must not be present or vote on matters where they have an interest (Sched 1 cl17(1)-(3)); non-disclosure carries a penalty up to 100 penalty units (Sched 1 cl17(1)).
The Board must establish an audit and risk management committee (s15(1)) and may establish other committees (s16(1)); Sched 2 sets membership and meeting rules.
Duties and rights of the TasTAFE CEO:
Appointed by the Board following consultation with the Minister (s10(1)-(2)). The CEO must perform functions and may exercise powers granted under the Act or delegated by the Board (s10(3)(a)-(b)). The CEO is responsible to the Board for general administration and management (s10(3)(c)).
The CEO must act honestly and exercise reasonable care and diligence (s34(1)-(2)), with penalties mirroring those applicable to directors (up to 100 penalty units).
The CEO may delegate functions (s10(4)); the CEO also has enforcement roles: may issue infringement notices for infringement offences (s45(2)) and may suspend employees in prescribed circumstances (s40).
Duties and rights of TasTAFE employees:
TasTAFE may appoint employees on terms it considers appropriate (s11). The State Service Act does not apply to employees in their TasTAFE capacity (s12(1)), and those appointing are not public sector employers for industrial relations purposes (s12(3)).
Employees must comply with the child safe code of conduct (s20(3)). They must notify the CEO in writing of specified charges within 14 days (s38(2)) and report any court findings, adjournments or dismissals within 14 days (s38(3)); failure carries a fine up to 10 penalty units.
Employees may be suspended immediately by the CEO where the CEO reasonably believes the employee has harmed or may pose a risk to a student or colleague or has committed serious misconduct within the Fair Work Act meaning (s40(1)). On suspension the CEO must give written notice and ensure an inquiry is held (s40(2)).
Financial, accounting and reporting duties:
TasTAFE must keep accounting records that correctly record transactions, allow true and fair accounts to be prepared, comply with relevant accounting standards and comply with written directions of the Treasurer (s26(a)-(b)(i)-(iv)). Records must be kept for at least 7 years or longer if the Treasurer directs (s26(c)).
The Board must prepare financial statements within 45 days after the financial year end in accordance with the Audit Act, Treasurer directions and accounting standards, and provide them to the Auditor‑General (s27(1)(a)-(b)). The Auditor‑General must provide opinions and formal communications to the Treasurer, Minister and Board (s28).
The Board must prepare an annual report including financial statements, auditor reports, details of Ministerial directions and statements of expectations during the year, a summary of the corporate plan, performance against corporate plan targets, and other information as requested by the Minister (s30(2)(a)-(j)). The Minister must table this annual report in Parliament within 4 months of the financial year end (s31(1)).
Student-related duties and rights:
TasTAFE must maintain accurate student records with content and matters as prescribed (s13(1)-(2)). Students may be charged fees, levies and charges as TasTAFE considers appropriate (s14(2)), but TasTAFE is not entitled to impose fees in a year for post-Year 10 secondary education on eligible students (s14(3)). TasTAFE may grant exemptions on equitable grounds (s14(4)).
Compliance and enforcement rights and penalties:
The Act creates offences for dishonest conduct by directors and the CEO (s33-34), misuse of information and misuse of position (s35) with criminal penalties up to 5 years’ imprisonment and fines up to 100 penalty units for misuse (s35).
False and misleading information offences carry penalties up to 100 penalty units (s37).
By-laws may create offences and impose fines up to 20 penalty units and daily additional fines for continuing offences (s32(4)). Regulations may create offences up to 50 penalty units (s46(3)).
The CEO can issue infringement notices per the Monetary Penalties Enforcement Act form where an infringement offence is believed to be committed (s45(2)-(3)) and regulations/by‑laws may set infringement penalties (s45(4)-(5)).
Other rights:
Directors, CEO and employees are entitled to remuneration and terms as specified , directors’ remuneration is set by the Minister (Sched 1 cl5(1)); members of committees may be remunerated as the Minister determines (Sched 2 cl5).
Judicial notice must be taken of the TasTAFE seal affixed to documents (s44).
The Act preserves procedural fairness in inquiries (s41(7)) and investigation processes (s36(8)). It also preserves the Treasurer’s capacity to direct accounting treatment and requires compliance with the Financial Agreement Act when the Treasurer so requires (s27(2); s29). The interplay between corporate autonomy and ministerial/Treasurer oversight shapes both rights and duties.
Penalties and enforcement
The Act creates a range of criminal and civil‑penalty provisions, administrative enforcement mechanisms and consequences for corporate bodies and their officers. The enforcement architecture combines monetary fines, imprisonment in specified circumstances, suspension, inquiries, infringement notices and court-ordered compensation.
Monetary penalties and criminal sanctions:
Directors and the CEO who fail to act honestly are liable to fines not exceeding 100 penalty units under s33(1) and s34(1). Similarly, breaching duties of care and diligence attracts fines up to 100 penalty units (s33(2); s34(2)).
Misuse of information or misuse of position by current or former TasTAFE directors or the CEO is a serious offence carrying a penalty of a fine not exceeding 100 penalty units or imprisonment up to 5 years, or both (s35(1)-(2)). The Act therefore elevates misuse of information/position to an offence with potential custodial consequences.
False or misleading statements in answering questions or providing information under the Act attract fines not exceeding 100 penalty units (s37(1)). Provision of a knowingly false or misleading document without specified disclosure also carries a maximum fine up to 100 penalty units (s37(2)).
Disclosure obligations for TasTAFE employees charged with specified offences are enforced by fines not exceeding 10 penalty units for failure to notify of the charge or subsequent court outcomes (s38(2)-(3)).
Statutory offences in by‑laws and regulations:
The Board’s by‑laws may declare contraventions to be offences and provide for fines up to 20 penalty units and for continuing offences a further fine up to 5 penalty units per day (s32(4)(a)-(b)). By‑laws are statutory rules (s32(5)).
Regulations may provide that contravention of regulations is an offence and set fines up to 50 penalty units and for continuing offences further fines up to 10 penalty units per day (s46(3)(a)-(b)).
Administrative enforcement:
The TasTAFE CEO may issue infringement notices for infringement offences defined by regulation or by‑law if the CEO reasonably believes the person has committed the offence (s45(2)). Infringement notices must comply with the Monetary Penalties Enforcement Act form requirements (s45(3)).
The Act limits infringement notices to not relate to four or more offences (s45(3)(b)) and allows regulations and by‑laws to fix infringement penalties and differentiate between corporate and individual offenders (s45(4)-(5)).
Suspension, inquiries and administrative consequences:
The CEO may immediately suspend a TasTAFE employee if the CEO reasonably believes the employee has harmed or poses a risk of harm to a student or another employee or has committed serious misconduct as that term is defined under the Fair Work Act (s40(1)). Suspension requires written notice and triggers an inquiry under s41 (s40(2)).
The inquiry regime permits the CEO or Board to hold inquiries into suspensions and complaints (s41(1)-(5)). The Act preserves procedural fairness (s41(7)) and allows the person who held the inquiry to give written notice of decisions to relevant parties (s41(6)).
Where a child safe code breach allegation is investigated, the relevant authority (CEO or Board) decides whether there has been a breach and may impose administrative measures such as counselling, notification to the Registrar under the Registration to Work with Vulnerable People Act, notification to the Teachers Registration Board, determining whether it amounts to serious misconduct under the Fair Work Act, or referral to police (s36(4)-(6)).
Corporate officer liability and court orders:
If a corporate body commits an offence under the Act, each officer or person involved in management is taken to have committed the offence unless they can prove they could not have prevented it by reasonable diligence (s42(2)). Officers may be convicted whether or not the body corporate is charged or convicted (s42(3)).
On conviction for offences under s33, s34 or s35, the court may order compensation to be paid to TasTAFE in respect of any profit made by the person as a result of the offence and losses and damage suffered by TasTAFE (s43(1)). TasTAFE retains the separate civil remedy to recover the amount as a debt if compensation is not ordered at the time of conviction (s43(2)).
Evidentiary easing:
Courts and persons acting judicially must take judicial notice of the TasTAFE seal and presume it was duly affixed, unless contrary intention is proved (s44). This creates an evidentiary shortcut for authentication of documents.
Enforcement administration and oversight:
Auditor‑General involvement is mandated (s27-28). Auditor reports and formal audit communications must be provided to Treasurer, Minister and TasTAFE Board (s28). Annual reporting and parliamentary tabling provide transparency and political accountability (s30-31).
The Minister must cause independent reviews of the Act and its implementation at prescribed intervals (s47), which is an ex post governance enforcement loop designed to identify systemic problems and prompt legislative or administrative remedies.
Practical enforcement consequences and interactions:
By allowing infringement notices for by‑law and regulatory offences (s45) and civil fines for directors/CEO (s33-34), the Act provides lower-cost enforcement options for routine breaches and higher-cost criminal sanctions for serious misuse of information or position (s35).
The combination of immediate suspension powers (s40) and inquiry mechanisms (s41) allows TasTAFE to remove persons from operational roles quickly pending investigation, while procedural fairness is expressly preserved (s41(7)).
The corporate officer liability provision (s42) extends enforcement reach to those in management of bodies corporate, raising compliance risk for private contractors and management teams engaged with TasTAFE.
The Act gives both administrative and criminal tools to enforce governance, with high civil/criminal penalties for misuse by senior officers, and lower-scale infringement and by-law fines for operational breaches. Enforcement is anchored to internal inquiry capability, the Auditor‑General’s audit functions, and Parliamentary oversight. Entities and individuals engaging with TasTAFE should map exposure across these instruments and the respective penalty gradations.
How it interacts with other laws
The Act cross-references and intersects with a number of existing statutes and regulatory regimes. The operative interactions established by the text are as follows.
Training and Workforce Development Act 2013:
TasTAFE as continued under s56(2) of the Training and Workforce Development Act 2013 is continued as TasTAFE under this Act (s4(1)). The Act preserves continuity and, through Schedule 3, transitions TasTAFE, its directors, CEO, employees, committees, student enrolments, courses and by‑laws from the former Act into this Act (Sched 3 cl2-13). Schedule 3 also treats existing TasTAFE corporate plans and by‑laws (the TasTAFE By‑laws 2014) as continuing under this Act (Sched 3 cl11(1)-(3), cl14).
Audit Act 2008 and Auditor-General functions:
Preparation of TasTAFE financial statements must comply with the Audit Act 2008 and relevant Treasurer directions and accounting standards (s27(1)(a)(i)-(iii)). The Auditor‑General’s opinions and formal communications under the Audit Act are to be provided to the Treasurer, Minister and Board (s28).
State Service Act 2000 and industrial relations:
The State Service Act 2000 does not apply to the TasTAFE CEO or TasTAFE employees in their TasTAFE capacities (s12(1); Sched 1 cl4). The person appointing the CEO or employees is not a public sector employer for the purposes of the Industrial Relations (Commonwealth Powers) Act 2009 (s12(3), Sched 3 cl7). Despite that, select entitlements remain: the Long Service Leave (State Employees) Act 1994 and Public Sector Superannuation Reform Act 2016 apply to the CEO and employees (s12(4)-(5)). Schedule 3 provides transitional arrangements for continuing employment and the calculation of continuous service relevant to State Service entitlements where employees re-enter State Service within 5 years (Sched 3 cl8).
Teachers Registration Act 2000 and Registration to Work with Vulnerable People Act 2013:
The Act links child safe code enforcement to other regulatory regimes: where a person is found to have breached the child safe code the relevant authority may notify the Registrar under the Registration to Work with Vulnerable People Act 2013 and notify the Teachers Registration Board if the person is a registered teacher (s36(6)(b)-(c)). Suspension provisions require notification to the Teachers Registration Board if the employee is a registered teacher (s40(2)(b)).
Fair Work Act 2009:
The Act references the Fair Work Act 2009 when defining serious misconduct in the suspension context (s40(1)(b); s36(6)(d) , ability to determine whether an offence amounts to serious misconduct within the Fair Work Act meaning).
Financial Agreement Act 1994:
The Treasurer may require TasTAFE to comply with requirements necessary for implementing the Agreement within the meaning of the Financial Agreement Act 1994, and TasTAFE must comply with those Treasurer requirements (s29). This can impose Commonwealth/State financial obligations on TasTAFE if the Treasurer requires.
Monetary Penalties Enforcement Act 2005:
Infringement notices issued by the TasTAFE CEO must be in accordance with s14 of the Monetary Penalties Enforcement Act 2005 (s45(3)(a)). Regulations and by‑laws may prescribe the offences that are infringement offences and penalties (s45(1), (4)-(5)).
Corporations Act:
The Corporations Act meaning of “officer” is used to define who may be taken to have committed an offence where a body corporate commits an offence under this Act (s42(1)). That extends corporate officer liability rules into TasTAFE enforcement.
Administrative Arrangements Act 1990:
Until administrative arrangements are made under s4 of the Administrative Arrangements Act 1990, the administration of the Act is assigned to the Minister for Skills, Training and Workforce Growth and the Department of State Growth (s50). This cross-reference sets immediate departmental responsibility.
Rules Publication Act 1953:
By‑laws made under s32 are statutory rules for the purposes of the Rules Publication Act 1953 (s32(5)). Notices transferring Crown land or property to TasTAFE under ss23-24 are not statutory rules for the purpose of the Rules Publication Act (s23(4)(b); s24(3)(b)).
Other links:
The Act requires compliance, subject to any contrary direction of the Treasurer, with relevant Australian Accounting Standards (s26(b)(iii)), which are those issued by the Australian Accounting Standards Board continued under the Australian Securities and Investments Commission Act 2001 (definition in s3).
The Act permits TasTAFE to participate in trusts, form companies and enter profit-sharing arrangements only with Treasurer and Minister approvals (s5(3)(f)), which interacts with company and trust law oversight and potential financial governance regimes.
Effects and friction points in interaction:
The Act carves TasTAFE out of the State Service Act in many respects (s12(1)), but explicitly keeps certain entitlements and aligns financial and audit obligations with state/federal frameworks (s26-29). That creates hybrid legal status: some State Service protections and entitlements are preserved (long service leave and superannuation), but general State Service governance and industrial relations coverage is disapplied, with Schedule 3 clarifying transitional application for existing employees.
Ministerial directions and the statement of expectations create executive oversight over a corporate entity, but s18(4) circumscribes directions from purporting to control the content of education, training or services. Where these boundaries are contested, the Act sets up an objection and parliamentary tabling mechanism for directions (s18(6)-(8)), which is an internal political and administrative check rather than a judicially imposed limit.
The act’s use of the Corporations Act definition to extend officer liability (s42) imports corporate‑law concepts of liability into the TasTAFE enforcement regime.
Infringement and monetary penalty mechanisms are linked to the Monetary Penalties Enforcement Act (s45(3)), creating a cross‑statutory enforcement pathway that can relieve pressure on courts but requires procedural compliance with that monetary penalties legislation.
Overall, the Act weaves TasTAFE into a matrix of state and federal statutes: audit and financial law for reporting and auditability, industrial and employment statutes for certain entitlements and definitions, and regulatory statutes for child‑safety and teacher registration. The hybrid status of TasTAFE , a Crown instrumentality with corporate powers but not subject to the State Service Act in its TasTAFE role , is the key inter‑statutory design feature.
Amendment history
The text provided sets out the Act’s short title (TasTAFE (Skills and Training Business) Act 2021) and indicates commencement is by proclamation (s1-2). No historical amendments are recorded within the provided text. The Act itself, however, anticipates consequential amendment activity and forms part of a transition from the former statutory regime:
Schedule 4 is reserved for consequential amendments (see s51 and Sched 4). The Act therefore contemplates text changes to other subordinate or principal legislation consequential on enactment, but no specific amendments are included in the provided material beyond the structural placeholders.
Schedule 3 provides savings and transitional provisions which manage the changeover from the former Part 5 of the Training and Workforce Development Act 2013 to this Act (Sched 3). These transitional provisions preserve existing property, contracts, accounts, committees, by‑laws, appointments, employer‑employee relationships and student enrolments on commencement. They also deal with the termination and re‑appointment mechanics for the CEO and employees, and with the continuity of employment for entitlements calculation (Sched 3 cl2-13).
The Act mandates periodic review clauses designed to trigger external scrutiny and likely legislative or administrative amendment recommendations: the Minister must cause a review into implementation and impact as soon as practicable after the 6‑month anniversary of the commencement of s4 (s47(2)), and must commission independent reviews after 30 months and after 6 years addressing operation and organisational structure under the Act (s47(3)). Reports of these reviews must be tabled in Parliament within prescribed timelines (s47(4)-(6)). These mandated reviews create institutional pressure for legislative or administrative amendments where issues are identified.
The Act enables the Governor to make regulations, including savings and transitional regulations, to effect the transition from the former Act to this Act (s46(1); s48(3)-(5)). Those regulations may clarify or amend the status, entitlements or rights of transitioned employees and provide transitional treatment for courses and instruments under the former Act (s48(3)-(4)). Regulations may be made to take effect on the commencement day or other specified days, anticipating staged or immediate adjustments (s48(5)(a)).
Points to note for amendment history tracking and future change management:
Because the Act delegates substantial discretion to the Minister and the Treasurer for approvals and to make subordinate instruments (statutory by‑laws, regulations), practical change to TasTAFE’s operations may occur more by subordinate instruments and administrative direction than by primary legislation amendment. The presence of Sched 4 indicates that consequential statutory adjustments to subordinate legislation were expected but are not recorded here.
The mandated independent reviews (s47) create likely trigger points at which Parliament and government can consider amendments. The first mandated internal review at 6 months (s47(2)) is intended to be an early operational check, while the independent reviews at 30 months and 6 years are explicit opportunities to recommend statutory amendment.
Transitional provisions in Schedule 3 preserve continuity but also suspend some State Service legal relationships (Sched 3 cl7, cl8) and provide for continuity of committees and by‑laws. Any subsequent amendments amending employment classification or the State Service relationship should be examined against Schedule 3 protections for accrued entitlements (s48(6)-(7)).
Because the provided text does not include a history of amendments post‑enactment, parties relying on this Act should track statutory instruments (regulations and by‑laws) and the tabling of the Minister’s statements, corporate plans, and the independent review reports required by s47. Those instruments and reports will be the practical levers through which the Act’s operational details and any consequential changes manifest.
Litigation history
The Act text supplied does not record judicial decisions, case names or litigation history. No cases are named in the statutory text. The statute itself anticipates channels for resolving disputes internally, politically and administratively rather than through immediate court intervention, but it creates several potential loci for litigation or legal challenge based on statutory duties, procedural fairness and administrative decisions. Likely areas of litigation risk, grounded in the Act’s provisions, are described below; these are possibilities the text opens rather than reported litigation outcomes.
Potential causes of litigation grounded in the Act:
Procedural fairness challenges to inquiries and suspensions. The Act provides for inquiries into suspensions (s41(1)) and preserves rules of procedural fairness (s41(7)). Disputes can arise over whether procedural fairness requirements were met in the conduct of an inquiry, the adequacy of reasons, or the fairness of investigatory procedures. The statutory preservation of procedural fairness indicates the possibility of judicial review where fairness is contested.
Challenges to Ministerial directions and corporate plan approvals. Section 18 sets out consultation and the Board’s right to object to a Ministerial direction within 21 days (s18(6)). Where a direction is not amended, the Minister must cause the direction and the objection to be laid before Parliament (s18(8)). Potential litigation could arise if a Board alleges that a Ministerial direction is ultra vires, conflicts with the statement of expectations, or improperly interferes with TasTAFE’s statutory powers; the Act provides parliamentary remedies (tabling and objection) but court review might be sought to test the lawfulness of a direction.
Employment‑status disputes and industrial relations claims. The Act excludes application of the State Service Act to the CEO and TasTAFE employees in their TasTAFE capacity (s12(1)), and Schedule 3 addresses termination of certain appointments when transitioning from the former Act (Sched 3 cl7). Litigation could arise about whether particular entitlements are preserved, the lawfulness of termination or reappointment processes under Schedule 3, or whether certain roles were mischaracterised to avoid State Service protections.
Misuse of information and criminal prosecutions. The Act criminalises improper use of information or positional advantage by directors and the CEO with penalties up to 5 years’ imprisonment and fines (s35). This provision could generate criminal prosecutions and corresponding civil claims for compensation (s43).
Corporate officer liability where a body corporate commits offences. Section 42 takes officers and persons involved in management to have committed an offence unless they can prove they could not have prevented it by reasonable diligence. Litigation may therefore arise in prosecutions brought against officers of bodies corporate doing business with TasTAFE or in internal corporate disputes where liability is alleged.
Claims for compensation following convictions. The court has power, on conviction for certain offences (s33, s34, s35), to order compensation to TasTAFE for profit gained or loss suffered (s43(1)). Where compensation is not awarded at conviction, TasTAFE retains the right to bring civil debt proceedings (s43(2)), potentially leading to separate litigation.
Disputes over by-law or regulation validity. Because by‑laws are statutory rules (s32(5)) and regulations can create offences (s46(3)), affected persons may mount judicial review or statutory interpretation challenges to by‑laws or regulations alleged to exceed the Board’s power or contrary to the Act.
Procedural and administrative remedies in the Act:
The Act provides internal remedies and politically accountable steps that may be preferred over litigation in many cases, such as the Board’s ability to object to Ministerial directions and the requirement for tabling in Parliament (s18(6)-(8)), the requirement for review reports to be tabled (s47(4)-(6)), and the internal inquiry processes for complaints and suspensions (s39-41).
Nonetheless, where those administrative routes are exhausted or inadequate, parties may seek judicial review on traditional public‑law grounds (ultra vires, failure to observe procedural fairness, improper purpose), or criminal or civil proceedings where statutory offences or compensatory rights arise. The Act’s preservation of procedural fairness indicates an intention that legal standards will supervise internal inquiry processes (s41(7)).
Because the provided Act text gives no empirical litigation record, practitioners should monitor post‑enactment case law for challenges concerning ministerial directions, employment classification and transition, misuse of information prosecutions, and the enforceability and validity of by‑laws and regulations under the Act.
Gotchas
The Act contains several provisions and design choices that create discrete operational or compliance risks for TasTAFE and parties interacting with it. These are practical “gotchas” explicitly identifiable in the text.
State Service Act carve‑out and industrial relations consequences (s12(1); s12(3); Sched 1 cl4; Sched 3 cl7)
The CEO and employees in their TasTAFE capacities are not State Service officers for the purposes of the State Service Act 2000 (s12(1) and Sched 1 cl4). The person appointing those roles is not a public sector employer for the purposes of the Industrial Relations (Commonwealth Powers) Act 2009 (s12(3)). Consequence: traditional State Service protections and processes may not apply; employment terms are those TasTAFE sets (s11(2)). Schedule 3 contemplates termination and reappointment during transition and limits compensation claims tied solely to termination under the Schedule (Sched 3 cl7(3)(a)-(b)). Entities must therefore be careful in assuming State Service rights apply and must map entitlements under the specific transitional and cross‑referenced statutes (long service leave and superannuation remain applicable, s12(4)-(5)).
Ministerial and Treasurer approval gates for key transactions (s5(3)(e)-(f); s22; s25)
TasTAFE’s power to acquire, lease or dispose of real property requires written Minister approval (s5(3)(e)); participation in trusts, company formation or profit-sharing arrangements requires Minister and Treasurer approval (s5(3)(f)). Similarly, opening accounts requires Treasurer consent (s22), and borrowing is limited to the Tasmanian Public Finance Corporation unless the Treasurer provides written approval (s25). These gates can delay or block strategic transactions and require political clearances and Treasury processes.
Corporate plan compliance and Minister’s approval (s19)
The Board must prepare a draft corporate plan and provide it to the Minister at least two months before commencement; the Minister, in consultation with the Treasurer, may require amendments (s19(1)-(4)). TasTAFE must act in accordance with the corporate plan unless otherwise authorised by the Minister and Treasurer (s19(8)). That makes corporate plan approval a binding constraint on operations and budgeting.
Ministerial directions with parliamentary and political consequences (s18)
The Minister can issue directions in the public interest after consultation (s18(1)-(2)), but directions must be in writing and the Board can object within 21 days (s18(5)-(6)). If the Board objects and the direction is maintained, both the direction and objection must be tabled in Parliament within 5 sitting days (s18(8)). While the Act limits directions from purporting to control education content (s18(4)(b)-(c)), administrative disputes over the lawful scope of directions could arise.
By‑laws and delegated offences (s32)
By‑laws can criminalise conduct and impose fines up to 20 penalty units plus continuing fines (s32(4)). By‑laws are statutory rules (s32(5)), so the Board can create enforceable rules that bind students, staff and visitors. Parties should review by‑laws carefully to avoid inadvertently committing an offence.
Infringement notices and CEO enforcement (s45)
The CEO may issue infringement notices when the CEO reasonably believes an infringement offence is committed (s45(2)). This gives the CEO a direct enforcement tool that bypasses court proceedings for lower-level offences. The regime references the Monetary Penalties Enforcement Act form for notices (s45(3)) and limits notices to fewer than four offences per notice (s45(3)(b)).
Broad misuse/position offences with high penalties (s35)
Misuse of information and misuse of position by directors and the CEO carry penalties of up to 5 years’ imprisonment and fines up to 100 penalty units (s35). The threshold for criminal liability may catch a broad set of behaviour by current and former officers. Officers must monitor access to information and post‑employment conduct carefully.
Records and audit deadlines with short turnaround (s26; s27; s30-31)
The Board must prepare financial statements within 45 days after year‑end (s27(1)) and the Minister must table the annual report within 4 months (s31(1)). These deadlines impose tight accounting and audit cycles, and Treasurer directions can shape the form of financial statements (s27(2)). Non‑compliance may trigger parliamentary scrutiny or executive action.
Child safe code of conduct is mandatory, with investigation and external reporting triggers (s20; s36)
The Board must prepare and publish a child safe code of conduct within 3 months and all persons employed or engaged must comply (s20(1)-(3)). Investigations into breaches can lead to counselling, notification to the Registrar under Registration to Work with Vulnerable People Act, notification to Teachers Registration Board, or referral to police (s36(6)). The code’s requirements can therefore have licensing and criminal reporting implications.
Officer liability for corporate body offences (s42)
If a body corporate commits an offence under the Act, officers or those involved in management are taken to have committed the offence unless they can prove inability to prevent it by reasonable diligence (s42(2)). This reverses the evidentiary burden and increases compliance risk for private companies contracting with TasTAFE.
Transitional complications (Sched 3)
Schedule 3 reassigns appointments, terminates certain State Service relationships on commencement and provides that termination under the Schedule does not entitle compensation solely due to the termination (Sched 3 cl7(3)(a)-(b)). Persons transitioning to TasTAFE should carefully review the transitional notices and instruments under s48, which authorises regulations to further clarify entitlements (s48(3)-(5)).
Differing penalty scales in regulations/by‑laws (s45(4)-s46(3))
Regulations may prescribe different penalties for bodies corporate and individuals for infringement offences (s45(4)(b)). Practitioners should check subordinate instruments to understand the actual penalty exposure as primary legislation sets maxima but subordinate instruments set concrete monetary penalties.
To manage these gotchas, organisations should map approval gates, review by‑laws and regulations, implement information‑access controls and post‑employment restrictions for officers, ensure robust accounting and audit timelines, and design complaint and inquiry processes in line with procedural fairness.
How to comply
Compliance with the Act requires a programme addressing governance, financial management, reporting, personnel, student administration, regulatory instruments and interactions with Minister/Treasurer approvals. The following actionable checklist translates statutory obligations into practical steps, with section references for each item.
Governance and Board obligations
Ensure Board composition meets s6: maintain 5-7 directors with aggregate skills sufficient for TasTAFE’s functions; document skill matrices and recruitment procedures to demonstrate compliance with s6(2).
Adopt Board procedures consistent with Schedule 1: minutes, meeting frequency (no fewer than six meetings a year , Sched 1 cl10), quorum rules, disclosure of interests with written registers and policies (Sched 1 cl11-17). Implement written conflict-of-interest disclosure forms and a register to comply with Sched 1 cl17 and avoid fines up to 100 penalty units.
Institute delegation registers: record all delegations under s7(3) and ensure delegations are by written notice and exclude delegation of the power to delegate. Retain delegation instruments and an up-to-date delegations schedule.
Ministerial and planning compliance
Coordinate the statement of expectations process: consult with the Minister before receipt (s17(2)) and prepare to integrate the written, signed statement into corporate policy and planning when tabled (s17(3)-(5)).
Prepare a rolling 3‑year corporate plan annually: draft at least two months before commencement (s19(1), (3)); include objectives, financial plans, strategies and targets (s19(2)(a)-(d)). Establish internal processes to respond to Minister/Treasurer comments and amendments (s19(4)). Ensure Board actions are aligned with the approved corporate plan unless authorised otherwise (s19(8)).
Financial, accounting and audit programmes
Adopt accounting systems that meet the accounting standards and Treasurer directions (s26(b)(iii)-(iv)); ensure retention of records for not less than 7 years (s26(c)).
Build audit timelines into year‑end calendars: draft financial statements within 45 days of year end and schedule Auditor‑General submissions (s27(1)). Anticipate Treasurer directions on form and content (s27(2)).
Establish an audit and risk management committee per s15 with terms of reference, an audit charter, internal control reviews, and resources for internal audit (s15(2)). Adhere to Schedule 2 on committee membership and meetings.
Student and fee administration
Create student record templates aligned with regulations and retain records as required (s13(2)). Ensure data collection respects rules about prohibited inclusions if regulations so prescribe.
Set fees and levies policy that recognises the statutory exemption for eligible post‑Year 10 students (s14(2)-(4)). Implement an exemption process and documentation for fee waivers, and ensure fees collected are paid into TasTAFE funds (s21(2)).
Employment, child safety and disciplinary processes
Draft employment contracts for CEO and employees documenting TasTAFE-specific terms, acknowledging State Service Act non‑application in TasTAFE capacity (s12(1)) while ensuring long service leave and superannuation entitlements are respected (s12(4)-(5)). Use Schedule 3 transitional instruments to validate pre‑commencement appointments.
Implement and publish a child safe code of conduct within 3 months of the section’s commencement and require all staff, contractors and volunteers to sign and comply (s20(1)-(3)). Cross‑map compliance to obligations under the Registration to Work with Vulnerable People Act and Teachers Registration Act for notification triggers (s36(6)(b)-(c)).
Create robust complaint and inquiry procedures: accept complaints in writing within the 6‑month limit (s39(2)-(3)), ensure inquiries into suspensions/complaints are held promptly (s41(1)-(6)), and design processes consistent with procedural fairness (s41(7)). Ensure investigators for child safe allegations have documented qualifications and independence (s36(2)-(3)).
Information governance and misuse prevention
Implement strict information access controls, post‑employment restrictions and conflict-of-interest policies to prevent misuse of information or position (s35). Provide training for directors, CEO and senior staff on misuse rules and post‑employment conduct given the high penalties (s35).
Maintain a disclosure register and require timely disclosures of pecuniary interests by directors and committee members (Sched 1 cl17; Sched 2 cl10).
By‑laws, regulations and infringement notices
Draft by‑laws carefully: ensure any by‑law offence or infringement provision is within the Board’s powers and consistent with s32. Publish by‑laws as statutory rules (s32(5)). Be mindful of maximum penalties (s32(4)) and consult legal counsel on consistency with the Rules Publication Act.
Establish an infringement notice protocol consistent with the Monetary Penalties Enforcement Act (s45(3)) and implement administrative review and appeal mechanisms to handle notices issued by the CEO.
Property, borrowing and Treasurer approvals
For real property transactions, company formation, trusts or profit-sharing arrangements, prepare approval packages for the Minister and the Treasurer as required by s5(3)(e)-(f). For borrowing, plan to use the Tasmanian Public Finance Corporation by default and seek written Treasurer approval where alternative financing is needed (s25). For deposit accounts, secure written Treasurer approval as required (s22).
Reporting and parliamentary obligations
Prepare corporate governance material to meet tabling obligations: statement of expectations (s17(5)), details of Ministerial directions and Board actions in the annual report (s30(2)(c)), and provide annual reports to the Minister promptly after year end for tabling within four months (s31(1)). Keep copies of Ministerial directions and Board objections to satisfy tabling requirements (s18(6)-(8)).
Risk management and compliance monitoring
Maintain a register of Minister/Treasurer approvals, directions, corporate plan commitments, Auditor‑General findings, and action plans to address audit findings (s15; s28). Integrate internal audit functions and allocate resources recommended by the audit and risk committee (s15(2)(c)). Monitor the 6‑month and 30‑month/6‑year reviews mandated by s47 and plan for audits or assessments that will feed into those reviews.
Legal and contractual interface
Where TasTAFE enters contracts or profit‑sharing arrangements, include indemnities and compliance covenants to manage corporate officer liability exposure (s42). Ensure supplier contracts with entities supplying goods or services ordinarily provided by TasTAFE are constructed to avoid conflicts with the pecuniary interest exceptions in the disclosure provisions (Sched 1 cl17(4)(a)).
Training and culture
Conduct director, executive and staff training on statutory duties (s33-35), disclosure obligations (Sched 1 cl17), child safe code compliance (s20), and internal inquiry processes (s41). Embed compliance as part of the corporate plan’s performance targets and include appropriate KPIs.
Recordkeeping and document control
Maintain document control systems reflecting the Treasurer’s directions on accounting standards and document retention periods (s26(b)(iii)-(iv); s26(c)). Preserve historical records and instruments continued under Schedule 3 so that legal continuity is demonstrable (Sched 3 cl14).
Contingency planning
Anticipate the requirement to cooperate with the Auditor‑General (s27-28), prepare for potential objections to Ministerial directions (s18(6)), and have escalation protocols for matters reportable to police or professional Registrars (s36(6)(b)-(c)). Maintain insurance and legal reserves for potential civil claims or compensation orders following convictions (s43).
Finally, maintain active surveillance of subordinate legislation and by‑laws because the Act empowers both to create enforceable offences and infringement regimes (s32; s46; s45). Compliance is therefore a layered program: statutory compliance, corporate governance, operational procedures, records and audits, and training. Each obligation cited above has a statutory anchor in the Act and should be addressed in documented policies, implementation schedules and monitoring regimes.
TasTAFE means TasTAFE as continued under section 4(1) ;
TasTAFE Board means the board of directors appointed by the Minister under section 6(1) ;
TasTAFE CEO means the person appointed as chief executive officer of TasTAFE under section 10 ;
TasTAFE director includes –
(a) a person appointed as a director on the TasTAFE Board under section 6 ; and
(b) a person appointed under section 8(1) to act as a TasTAFE director;
TasTAFE employee means a person appointed under section 11 ;
TasTAFE student means a person who is undertaking vocational education and training, or another course of education and training, with TasTAFE;
vocational education and training means the vocational education and training, and attainment of associated qualifications or statements of attainment, under levels 1, 2, 3, 4, 5 and 6 of the Australian Qualifications Framework.
Part 2 TasTAFE
Part 2 TasTAFE
Division 1 TasTAFE
Division 1 TasTAFE
4 TasTAFE continued
4 TasTAFE continued
(1) The organisation continued as TasTAFE under section 56(2) of theTraining and Workforce Development Act 2013 is, on the commencement of this Act, continued as TasTAFE.
(2) TasTAFE, as continued under subsection (1) –
(a) is a body corporate with perpetual succession; and
(b) may have a seal; and
(c) may sue and be sued in its corporate name; and
(d) is an instrumentality of the Crown.
(3) All or any part of TasTAFE may use, and operate under, a trading name that is approved by the Minister.
5 Functions and powers of TasTAFE
5 Functions and powers of TasTAFE
(1) In this section –
educational provider means a person, organisation or institution providing vocational education and training or other education and training.
(2) TasTAFE has the following functions:
(a) to provide vocational education and training, to a high standard, that is responsive to the needs of employers, students of TasTAFE and the community;
(b) to provide foundation skills training to persons that, when successfully completed or completed in conjunction with other training, may lead to those persons obtaining a qualification that enables the person to participate in the workforce or in further education and training;
(c) to provide vocational education and training in Tasmania, in accordance with the statement of expectations, for members of communities including but not limited to –
(i) rural and isolated communities; and
(ii) other communities where other providers of vocational education and training cannot, or are not, meeting demand effectively;
(d) to collaborate with industry, employers and other educational providers on the provision of, and the development of models or pathways for, vocational education and training;
(e) to advise the Minister on significant developments relating to the provision of vocational education and training by TasTAFE;
(f) such other functions as are imposed on TasTAFE by this or any other Act.
(3) TasTAFE has the following powers, subject to this Act:
(a) the power to do all things necessary or convenient –
(i) to provide vocational education and training, or other education or training, to enable persons to acquire qualifications and participate in the workforce or in further education and training; or
(ii) to undertake commercial activities incidental to the provision of vocational education and training or other education or training; or
(iii) to undertake research incidental to the provision of vocational education and training or other education or training; or
(iv) to offer other services that assist employers to better utilise the existing skills of the employees of the employer; or
(v) to perform its functions;
(b) to hire out property and assets owned, or operated, by TasTAFE;
(c) to lease, sell, otherwise dispose of, or buy or otherwise acquire, property other than real property;
(d) to enter into contracts and to provide services, including consultancy services, to other persons in accordance with such contracts;
(e) with the written approval of the Minister, to lease, sell, otherwise dispose of, or buy or otherwise acquire, real property;
(f) with the written approval of the Minister and the Treasurer –
(i) to participate in a trust; or
(ii) to form, or participate in the formation of, a company; or
(iii) to participate in one or more of the following arrangements for the purpose of sharing the profits:
(A) a joint venture;
(B) a partnership;
(C) another formal arrangement;
(g) to borrow money in accordance with section 25 .
Division 2 TasTAFE Board
Division 2 TasTAFE Board
6 TasTAFE Board
6 TasTAFE Board
(1) The Minister is to appoint a board of directors for TasTAFE that consists of no less than 5 members but no more than 7 members.
(2) Before appointing a person as a director on the TasTAFE Board, the Minister is to ensure that the directors, in aggregate, have the relevant knowledge and skills to ensure that the functions and powers of TasTAFE are performed and exercised appropriately.
(3) The Minister may appoint a TasTAFE director to be the chair of the TasTAFE Board.
(4) Schedule 1 has effect in respect of –
(a) the TasTAFE directors; and
(b) the meetings of the TasTAFE Board.
7 Functions and powers of TasTAFE Board
7 Functions and powers of TasTAFE Board
(1) The TasTAFE Board has the following functions:
(a) to ensure that the functions and powers of TasTAFE are performed and exercised in an appropriate manner;
(b) to ensure that the business and affairs of TasTAFE are managed and conducted –
(i) in accordance with sound business practice; and
(ii) in accordance with the statement of expectations; and
(iii) in a manner that achieves the objectives specified in the corporate plan; and
(iv) in a manner that is consistent with each applicable Ministerial direction;
(c) to establish the annual performance objectives for the TasTAFE CEO.
(2) The TasTAFE Board has the power to do all things necessary or convenient to perform its functions under this Act.
(3) The TasTAFE Board may delegate, by written notice, any or all of its functions or powers under this Act, other than this power of delegation, as specified in the notice.
8 Appointment of acting TasTAFE directors
8 Appointment of acting TasTAFE directors
(1) The Minister may appoint a person to act as a TasTAFE director if a TasTAFE director is absent (the absent TasTAFE director).
(2) For the purposes of subsection (1) , a TasTAFE director is absent if the director –
(a) is absent from his or her duty as a TasTAFE director; or
(b) is otherwise unable to perform the functions of the office of TasTAFE director.
(3) A person appointed to act as a TasTAFE director under this section –
(a) is taken, for the purposes of this Act, to be a TasTAFE director; and
(b) if the relevant absent TasTAFE director is the chair of the TasTAFE Board, is not taken to be the chair of the TasTAFE Board solely by virtue of his or her appointment under this section.
(4) The appointment of a person under this section to act as a TasTAFE director terminates when whichever of the following first occurs:
(a) the absent TasTAFE director, for whom the person has been appointed to act, recommences performing the functions of a TasTAFE director;
(b) the absent TasTAFE director resigns;
(c) the Minister revokes the appointment to the TasTAFE Board of the absent TasTAFE director;
(d) the Minister revokes the appointment of the person to act as a TasTAFE director.
9 TasTAFE Board to notify Minister in certain circumstances
9 TasTAFE Board to notify Minister in certain circumstances
The TasTAFE Board is to notify the Minister, as soon as practicable, of any matter or circumstance that, in the opinion of the TasTAFE Board, may –
(a) significantly affect the ability of TasTAFE to comply with –
(i) any Ministerial directions that are in force; or
(ii) the statement of expectations; or
(b) prevent or significantly affect the ability of TasTAFE to act in accordance with the corporate plan; or
(c) significantly affect the financial viability or operating ability of TasTAFE; or
(d) significantly affect any other objective, policy or program specified in the corporate plan.
Division 3 TasTAFE staff
Division 3 TasTAFE staff
10 TasTAFE CEO
10 TasTAFE CEO
(1) The TasTAFE Board may appoint a person as the chief executive officer of TasTAFE.
(2) Before appointing someone as the TasTAFE CEO, the TasTAFE Board is to consult with the Minister in respect of that appointment.
(3) The TasTAFE CEO –
(a) must perform any functions, and may exercise any powers, granted to the TasTAFE CEO under this Act or any other Act; and
(b) must perform any functions, and may exercise any powers, delegated to the TasTAFE CEO by the TasTAFE Board; and
(c) is responsible to the TasTAFE Board for the general administration and management of TasTAFE.
(4) The TasTAFE CEO may delegate, by written notice, any or all of his or her functions or powers under this Act, other than this power of delegation, as specified in the notice.
11 TasTAFE employees
11 TasTAFE employees
(1) TasTAFE may appoint a person for one or more of the following purposes:
(a) the purposes of this Act;
(b) the purposes of providing vocational education and training, or other education and training, by or on behalf of TasTAFE.
(2) A person may be appointed under subsection (1) on such terms and conditions that TasTAFE considers appropriate.
12 Effect of appointment under this Division
12 Effect of appointment under this Division
(1) For the avoidance of doubt, the State Service Act 2000 does not apply to –
(a) the TasTAFE CEO in his or her capacity as the TasTAFE CEO; or
(b) a TasTAFE employee in his or her capacity as a TasTAFE employee.
(2) Despite subsection (1) , nothing in this section prevents a person from holding the position of TasTAFE CEO, or TasTAFE employee, in conjunction with State Service employment in respect of another position.
(3) A person appointing the TasTAFE CEO, or a TasTAFE employee, under this Division is not a public sector employer for the purposes of the Industrial Relations (Commonwealth Powers) Act 2009 .
(4) The Long Service Leave (State Employees) Act 1994 applies to the TasTAFE CEO, and each TasTAFE employee, as if TasTAFE were a State authority within the meaning of that Act.
(5) The TasTAFE CEO and each TasTAFE employee is an employee for the purposes of the Public Sector Superannuation Reform Act 2016 .
Division 4 TasTAFE students
Division 4 TasTAFE students
13 Student records
13 Student records
(1) TasTAFE is to maintain accurate records relating to TasTAFE students.
(2) The records relating to TasTAFE students –
(a) are to contain the information and matters prescribed in the regulations; and
(b) may contain any other information and matters that TasTAFE considers appropriate, other than information and matters that the regulations prescribe are not to be contained in the records.
14 Fees, levies and charges for students
14 Fees, levies and charges for students
(1) In this section –
overseas student means a student who is in Australia on a temporary visa or provisional visa, other than –
(a) a New Zealand citizen or a dependant of a New Zealand citizen; or
(b) a permanent resident of Australia or a dependant of such a permanent resident; or
(c) a refugee resident in Australia;
post-Year 10 secondary education and training has the same meaning as in section 96 of theEducation Act 2016 .
(2) TasTAFE may impose any fees, levies and charges it considers appropriate in respect of goods and services provided in relation to any of its functions and powers, including the provision of vocational education and training or other education or training.
(3) Despite subsection (2) , TasTAFE is not entitled to impose for a year, or part of a year, a fee or charge in respect of the provision of post-Year 10 secondary education and training to a person, by TasTAFE, if the person –
(a) is entitled under section 96 of theEducation Act 2016 to attend TasTAFE in that year or part of a year; and
(b) has not attained the age of 19 years before 1 J
This is an opening excerpt, not the complete document.