Training and Workforce Development (Transitional Provisions) Act 2013
In ForceTAS
Jurisdiction
Tasmania
Act Number
10 of 2013
Collection
act
Plain English Summary
6/10 complexity
This Act is a transitional law that moves assets, contracts, liabilities, staff, students and related regulatory functions from existing vocational bodies (the Polytechnic, Skills Institute, former Skills Tasmania and former TTAC) into the new institutional structure (notably TasTAFE, the Education Department and the new TTAC). It preserves ongoing courses, enrolments, disciplinary processes, contracts and legal proceedings while requiring final financial and activity reports. The Act gives ministers and heads limited powers (for example to exclude particular items under s4(3)), so administrative decisions determine some transfer outcomes.
Mechanically, the Training and Workforce Development (Transitional Provisions) Act 2013 implements transitional arrangements necessary to give effect to the creation of TasTAFE under the Training and Workforce Development Act 2013 and to manage the winding up or transfer of functions, assets, liabilities, contracts, personnel and regulatory instruments that belonged to a number of predecessor bodies. The Act commences on 1 July 2013 (s 2) and is organised in Parts that deal with: TasTAFE transitional matters (Part 2); transitional matters for former Skills Tasmania and the former Tasmanian Training Agreements Committee (Part 3); teacher-registration reassessments (Part 4); and miscellaneous powers including regulation-making and administration (Part 5).
Key mechanical changes in the text include:
A statutory declaration that TasTAFE is the legal successor in title to the Polytechnic and the Skills Institute for their property, liabilities and contracts, subject to ministerial carve-outs (s 4(1)-(3)). The Minister may publish a Gazette notice excluding specific properties, liabilities or contracts from the succession rule (s 4(3)); such notices are not treated as statutory rules (s 4(4)).
Continued operation and then staged abolition of pre-existing corporate governance bodies: the Skills Institute itself is abolished on commencement day (s 6(1)), while the Skills Institute Board and audit committee continue until abolished by Gazette notice after they have fulfilled transitional obligations (ss 5-6).
Validation and continuation of "interim" governance and executive appointments for the purposes of preparing and establishing TasTAFE: interim board members and the interim CEO are taken to have been appointed under the new TasTAFE Act for the terms and conditions originally specified (ss 7-8). Acts done by those interim office-holders for preparatory purposes are validated (ss 7(4), 8(3)).
Current sections
Direct links to the current provisions in Training and Workforce Development (Transitional Provisions) Act 2013.
Polytechnic contract means any contract in force immediately before the commencement day and entered into in the name of the Polytechnic or by the Crown in relation to the performance of the functions of the Polytechnic, other than a contract of employment or a contract determined under section 4(3) not to be a Polytechnic contract;
Polytechnic liability means any liability or obligation (whether actual, prospective or contingent) belonging, immediately before the commencement day, to the Polytechnic or the Crown in relation to the performance of the functions of the Polytechnic, other than a liability or obligation determined under section 4(3) not to be a Polytechnic liability;
Polytechnic property means any property or right held, immediately before the commencement day, in the name of the Polytechnic or by the Crown in relation to the performance of the functions of the Polytechnic, other than any property or right determined under section 4(3) not to be Polytechnic property;
Secretary means the Secretary of the Education Department;
Skills Institute means the Tasmanian Skills Institute established under section 5 of the Skills Institute Act;
Skills Institute audit committee means the audit committee established under section 18 of the Skills Institute Act, as constituted immediately before the commencement day;
Skills Institute Board means the Board of Directors of the Skills Institute established under section 8 of the Skills Institute Act, as constituted immediately before the commencement day;
Skills Institute contract means any contract in force immediately before the commencement day and entered into by the Skills Institute, other than a contract of employment, or a contract determined under section 4(3) not to be a Skills Institute contract;
Skills Institute liability means any liability or obligation (whether actual, prospective or contingent) belonging, immediately before the commencement day, to the Skills Institute, other than a liability or obligation determined under section 4(3) not to be a Skills Institute liability;
Skills Institute property means any property or right vested, immediately before the commencement day, in the Skills Institute, other than any property or right determined under section 4(3) not to be Skills Institute property;
TasTAFE successor in title to Polytechnic and Skills Institute
4 TasTAFE successor in title to Polytechnic and Skills Institute
(1) For the avoidance of doubt, it is declared that TasTAFE is the legal successor in title in relation to all Polytechnic property, Polytechnic liabilities, Polytechnic contracts, Skills Institute property, Skills Institute liabilities and Skills Institute contracts.
(2) Despite the merger and continuation as TasTAFE of the Polytechnic and the Skills Institute by section 56 of the Training and Workforce Development Act 2013 , TasTAFE is not the legal successor in title in relation to any property, liability or contract determined by the Minister under subsection (3) not to be Polytechnic property, a Polytechnic liability, a Polytechnic contract, Skills Institute property, a Skills Institute liability or a Skills Institute contract.
(3) The Minister, by notice published in the Gazette, may determine that –
(a) any property or right is not Polytechnic property or Skills Institute property; and
(b) a liability or obligation (whether actual, prospective or contingent) is not a Polytechnic liability or a Skills Institute liability; and
(c) a contract is not a Polytechnic contract or a Skills Institute contract.
Abolition of Skills Institute, Skills Institute Board and Skills Institute committees
6 Abolition of Skills Institute, Skills Institute Board and Skills Institute committees
(1) The Skills Institute is abolished on the commencement day.
(2) The Skills Institute Board is abolished on the day determined by the Minister by notice published in the Gazette.
(3) The Minister is not to determine a day for the abolition of the Skills Institute Board until satisfied that it has fulfilled its obligations under this Part.
(4) The appointment of each member of the Skills Institute Board is terminated on the day that Board is abolished.
(5) The Skills Institute audit committee is abolished on the day the Skills Institute Board is abolished and the appointment of each of its members is terminated on that day.
(6) All committees established under section 19 of the Skills Institute Act, as constituted immediately before the commencement day, are abolished on the commencement day and the appointment of each member of such a committee is terminated on the commencement day.
(7) A member of the Skills Institute Board, the audit committee referred to in subsection (5) or a committee referred to in subsection (6) is not entitled to receive any benefit in respect of the termination of his or her appointment as such a member.
interim board means the board established for the purposes of preparing for and overseeing the establishment of TasTAFE prior to the formal commencement of the Training and Workforce Development Act 2013 and consisting of persons appointed –
(a) to the interim board of TasTAFE; and
(b) by the Minister; and
(c) for the purposes of preparing for the establishment of, and establishing, TasTAFE;
interim chairperson means the member of the interim board that was appointed by the Minister as chairperson of the interim board on 22 November 2012.
(2) A member of the interim board is taken to have been appointed as a member of the Board of Directors of TasTAFE under section 60(1) of the Training and Workforce Development Act 2013 for the term and on the conditions, including remuneration, specified in his or her instrument of appointment to the interim board.
(3) The person appointed by the Minister as interim chairperson is taken to have been appointed as chairperson of the Board of Directors of TasTAFE under section 60(5) of the Training and Workforce Development Act 2013 for the term and on the conditions, including remuneration, specified in his or her instrument of appointment to the office of chairperson of the interim board.
(4) Any act done by the interim board, its interim chairperson or a member of the interim board for the purposes of –
(a) preparing for the establishment of, or establishing, TasTAFE; or
(b) bringing into operation, or giving full effect to, this Act or the TasTAFE Act –
is not invalid by reason only of the fact that this Act or the TasTAFE Act had not commenced or been enacted and, if appropriate, is taken to have been done by the Board of Directors of TasTAFE, its chairperson or a member of that Board of Directors under this Act or the TasTAFE Act.
8
Interim chief executive officer
8 Interim chief executive officer
(1) In this section –
interim chief executive officer means the person appointed –
(2) The interim chief executive officer is taken to have been appointed as the chief executive officer of TasTAFE under section 66 of the Training and Workforce Development Act 2013 for the term and on the conditions, including remuneration, specified in his or her instrument of appointment to the office of chief executive officer of TasTAFE.
(3) Any act done by the interim chief executive officer for the purposes of –
(a) preparing for the establishment of, or establishing, TasTAFE; or
(b) bringing into operation, or giving full effect to, this Act or the TasTAFE Act –
is not invalid by reason only of the fact that this Act or the TasTAFE Act had not commenced or been enacted and, if appropriate, is taken to have been done by the chief executive officer of TasTAFE under this Act or the TasTAFE Act.
9
Employees of TasTAFE
9 Employees of TasTAFE
(1) In this section –
transferring employee means –
(a) a person who, on the commencement day, would have been holding an appointment, or would have been taken to have been holding an appointment, made under the State Service Act 2000 for the purposes of the Education Department in relation to the Polytechnic or for the purposes of the Polytechnic Act had the Training and Workforce Development Act 2013 and this Act not been enacted; or
(b) a person who, on the commencement day, would have been holding an appointment, or would have been taken to have been holding an appointment, made under the State Service Act 2000 for the purposes of the Skills Institute or the Skills Institute Act.
(3) The continuation of the appointment of a transferring employee, as done by or referred to in this section, is not a State Service action for the purposes of section 50 of theState Service Act 2000 .
10
Students and courses
10 Students and courses
(1) For the avoidance of doubt, it is declared that, if a person, immediately before the commencement day, was enrolled as a student at or with the Polytechnic or the Skills Institute, that enrolment continues at or with TasTAFE.
(2) For the avoidance of doubt, it is declared that, if immediately before the commencement day a course of education and training was being provided to students enrolled at or with the Polytechnic or the Skills Institute and, but for the commencement of the Training and Workforce Development (Repeals and Consequential Amendments) Act 2013 , that course would continue on or after the commencement day, that course continues as a course provided by TasTAFE.
(3) For the avoidance of doubt, it is declared that, if before the commencement day a course of education and training has been offered to be provided to students enrolled at or with the Polytechnic or the Skills Institute but has not commenced, that offer continues as an offer by TasTAFE to its students and TasTAFE may provide that course on and after the commencement day.
(3) In the application of the Skills Institute by-laws on and after the commencement day –
(a) a reference to the Act is a reference to the TasTAFE Act and a reference to a section of the Act is a reference to the corresponding section of the TasTAFE Act; and
(b) a reference to the Skills Institute is a reference to TasTAFE; and
(c) a reference to the Board is a reference to the Board of Directors of TasTAFE; and
(d) a reference to the chief executive officer is a reference to the chief executive officer of TasTAFE; and
(e) a reference to a student is taken to be a reference to a TasTAFE student; and
(f) a reference to the Polytechnic is taken to have been omitted from the by-laws; and
(g) a person who, immediately before the commencement day, was an authorised person for the purposes of the Skills Institute by-laws continues to be such an authorised officer.
(4) For the avoidance of doubt, it is declared that –
(a) any disciplinary hearing under the Skills Institute by-laws commenced but not completed before the commencement day may be continued by the chief executive officer of TasTAFE; and
(b) any disciplinary sanction imposed by the chief executive officer under the Skills Institute by-laws on any of its students before the commencement day is taken, if appropriate, to have been imposed by the chief executive officer of TasTAFE; and
(c) any appeal under the Skills Institute by-laws against the imposition of a disciplinary sanction commenced but not completed before the commencement day may be continued by the Board of Directors of TasTAFE; and
(d) any disciplinary sanction confirmed or substituted by the Skills Institute Board on an appeal under the Skills Institute by-laws against the imposition of a disciplinary sanction before the commencement day is taken, if appropriate, to have been confirmed or substituted by the Board of Directors of TasTAFE; and
(e) if the issue of an award from the Skills Institute was deferred under the Skills Institute by-laws and so not issued before the commencement day, that award is taken to be an award of TasTAFE and may be issued by TasTAFE in accordance with the by-laws.
(2) A disciplinary hearing under the Polytechnic Regulations commenced but not completed before the commencement day may be continued by the chief executive officer of TasTAFE.
(3) A disciplinary sanction imposed by the Secretary of the Education Department or an authorised person under the Polytechnic Regulations on a student of the Polytechnic before the commencement day is taken, if appropriate, to have been imposed by the chief executive officer of TasTAFE.
(4) An appeal under the Polytechnic Regulations against the imposition of a disciplinary sanction commenced but not completed before the commencement day may be continued by the Board of Directors of TasTAFE.
(5) A disciplinary sanction confirmed or substituted by the Secretary of the Education Department on an appeal under the Polytechnic Regulations against the imposition of a disciplinary sanction before the commencement day is taken, if appropriate, to have been confirmed or substituted by the Board of Directors of TasTAFE.
(6) If the issue of an award from the Polytechnic was deferred under the Polytechnic Regulations and so not issued before the commencement day, that award is taken to be an award of TasTAFE and may be issued by TasTAFE in accordance with the by-laws.
13
Authorised deposit-taking institution accounts
13 Authorised deposit-taking institution accounts
Despite TasTAFE being the legal successor in title to the Skills Institute, on or as soon as practicable after the commencement day, the Skills Institute Board is to close all authorised deposit-taking institution accounts that are maintained in the name of the Skills Institute and is to deal with the money from those accounts as specified by the Minister by notice provided to the Skills Institute Board.
14
Legal matters
14 Legal matters
(1) In this section –
relevant Polytechnic contract means a Polytechnic contract that has not been performed or discharged before the commencement day;
relevant Skills Institute contract means a Skills Institute contract that has not been performed or discharged before the commencement day;
transferred matter means Polytechnic property, a Polytechnic liability, a relevant Polytechnic contract, Skills Institute property, a Skills Institute liability, a relevant Skills Institute contract, a transferring student or a transferring employee;
transferring employee has the same meaning as in section 9 ;
(2) For the avoidance of doubt, it is declared that a legal proceeding in relation to a transferred matter that is instituted by or against the Crown or the Skills Institute and is pending immediately before the commencement day may be continued by or against TasTAFE.
(3) For the avoidance of doubt, it is declared that a legal proceeding in relation to a transferred matter that could have been instituted by or against the Crown or the Skills Institute to enforce a right that had accrued, and was in existence, immediately before the commencement day may be instituted by or against TasTAFE.
(4) For the avoidance of doubt, it is declared that a judgment or order of a court obtained by or against the Crown or the Skills Institute in relation to a transferred matter before the commencement day may be enforced by or against TasTAFE.
15
Financial statements of Skills Institute
15 Financial statements of Skills Institute
(1) As soon as practicable after the commencement day, the Skills Institute Board is to –
(a) prepare financial statements for the Skills Institute for the financial year ending on 30 June 2013; and
(b) provide the Auditor-General with those financial statements.
(2) The financial statements are to contain the information and documents that are referred to in section 27(2) of the Skills Institute Act.
(3) The financial statements –
(a) are to comply with any directions given under subsection (4) ; and
(b) subject to any directions so given, are to comply with the Australian Accounting Standards.
(4) The Treasurer may give written directions to the Skills Institute Board with respect to the form of the financial statements.
(5) The Skills Institute audit committee is to provide the Skills Institute Board with such advice as that Board requires for the purposes of fulfilling its obligations under this section.
(6) The Auditor-General must –
(a) audit the financial statements as if the Skills Institute were still in existence and a State authority, within the meaning of the Audit Act 2008 ; and
(b) provide the Skills Institute Board and the Minister with a copy of his or her report made under section 19 of theAudit Act 2008 .
16
Annual report
16 Annual report
(1) As soon as practicable after the commencement day, the Skills Institute Board is to prepare and provide to the Minister an annual report for the financial year ending on 30 June 2013.
(2) The annual report is to contain the information and documents referred to in section 29(2) of the Skills Institute Act.
(3) The Minister is to lay a copy of the annual report before each House of Parliament within 10 sitting-days after receiving the annual report under subsection (1) .
(4) If the Minister is unable to comply with subsection (3) before the expiration of the period specified in that subsection, the Minister 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 may be ready to be laid before each House of Parliament.
17
References to Skills Institute Act and Polytechnic Act
17 References to Skills Institute Act and Polytechnic Act
former Skills Tasmania means Skills Tasmania established under section 6 of the former VET Act;
former Skills Tasmania audit committee means the audit committee established under section 14(1)(a) of the former VET Act, as constituted immediately before the commencement day;
former Skills Tasmania Board means the Board of Directors of Skills Tasmania established under section 10C of the former VET Act, as constituted immediately before the commencement day;
former Skills Tasmania Equity Committee means the committee of that name established under section 14(1)(c) of the former VET Act, as constituted immediately before the commencement day;
former TTAC means the Tasmanian Training Agreements Committee established under section 14(1)(b) of the former VET Act;
Abolition of former Skills Tasmania, former Skills Tasmania Board and former Skills Tasmania committees
20 Abolition of former Skills Tasmania, former Skills Tasmania Board and former Skills Tasmania committees
(1) In this section –
prescribed committee means a committee established under section 14(1)(c) of the former VET Act, as constituted immediately before the commencement day, but does not include the former Skills Tasmania Equity Committee.
(2) The former Skills Tasmania is abolished on the commencement day.
(3) The former Skills Tasmania Board is abolished on the day determined by the Minister by notice published in the Gazette.
(4) The Minister is not to determine a day for the abolition of the former Skills Tasmania Board until satisfied that it has fulfilled its obligations under this Part.
(5) The appointment of each member of the former Skills Tasmania Board is terminated on the day that Board is abolished.
(6) The former Skills Tasmania audit committee is abolished on the day the former Skills Tasmania Board is abolished and the appointment of each of its members is terminated on that day.
(7) The former TTAC and all prescribed committees are abolished on the commencement day and the appointment of each member of such a committee is terminated on that day.
(8) A member of the former Skills Tasmania Board, the former Skills Tasmania audit committee or a committee referred to in subsection (7) is not entitled to receive any benefit in respect of the termination of his or her appointment as such a member.
21 Continuation of Skills Tasmania Equity Committee
(1) The former Skills Tasmania Equity Committee continues and is taken to be a committee, with the name of "Skills Tasmania Equity Committee" (continuing committee), established by the Secretary under section 7 of the Training and Workforce Development Act 2013 .
(2) For the avoidance of doubt, it is declared –
(a) that the initial members, and the chairperson, of the continuing committee are the persons who held office as member, and chairperson, of the former Skills Tasmania Equity Committee immediately before the commencement day; and
(b) that those persons hold those offices in the continuing committee for the term and on the conditions specified in their instruments of appointment.
22
General manager of former Skills Tasmania
22 General manager of former Skills Tasmania
(1) In this section –
general manager means the person appointed as general manager of the former Skills Tasmania under section 10I of the former VET Act and holding that office immediately before the commencement day.
(2) For the avoidance of doubt, it is declared that the appointment of the general manager under the State Service Act 2000 continues for the purposes of the Education Department.
(3) The transfer, by reason of this section, of the employment of the general manager from employment for the purposes of the former Skills Tasmania to employment for the purposes of the Education Department is not a State Service action for the purposes of section 50 of theState Service Act 2000 .
23
Initial members of new TTAC
23 Initial members of new TTAC
The initial members of the new TTAC are those persons who, immediately before the commencement day, were members of the former TTAC and for that purpose each of those persons –
(b) holds office as a member of the new TTAC for the term specified in, and on and in accordance with the terms of, his or her appointment as a member of the former TTAC.
24
Tasmanian Operational Requirements for Group Training Organisations and registered group training organisations
24 Tasmanian Operational Requirements for Group Training Organisations and registered group training organisations
(1) In this section –
former Operational Requirements means the Tasmanian Operational Requirements for Group Training Organisations –
(a) issued by the former TTAC and published on the website of the former Skills Tasmania; and
(b) as in force immediately before the commencement day;
operational requirement guidelines means guidelines made by the new TTAC under section 21 of the Training and Workforce Development Act 2013 in relation to operational requirements for group training organisations in Tasmania.
(2) The former Operational Requirements are taken to be operational requirement guidelines and continue to have effect, in so far as they are not inconsistent with the Training and Workforce Development Act 2013 , until such time as they are repealed by the new TTAC under section 21 of that Act.
(3) A group training organisation that, immediately before the commencement day, was registered under the former Operational Requirements is taken to have been registered as a listed group training organisation under section 13 of the Training and Workforce Development Act 2013 until –
(a) the end of the term for which it was registered under the former Operational Requirements; or
(b) its registration as a listed group training organisation is cancelled under section 15 of that Act –
whichever first occurs.
25
Training agreements
25 Training agreements
(1) In this section –
existing training agreement means a training agreement that –
(a) was entered into under section 34 , and approved by the former TTAC under section 36 , of the former VET Act; and
(b) had effect immediately before the commencement day –
and includes any amendment to such a training agreement;
(a) a determination or approval was made or given by the former TTAC under a provision of the former VET Act in relation to training agreements generally, a class of training agreements or a particular existing training agreement; and
(b) that determination or approval is in effect immediately before the commencement day –
that determination or approval is taken to have been made or given by the Secretary or the new TTAC, as appropriate, under the corresponding provision of the Training and Workforce Development Act 2013 in relation to training contracts generally, a class of training contracts or the relevant particular training contract.
(5) For the purposes of, and without limiting the generality of, subsection (4) , a determination or approval by the former TTAC referred to in that subsection includes –
(a) a determination as to whether an employer is a fit and proper person for the purposes of entering into training agreements; and
(b) an approval of a temporary release from the obligations of an existing training agreement.
(6) A direction validly given to a party to an existing training agreement by the former TTAC, under a provision of the former VET Act, that has effect immediately before the commencement day –
(a) continues to have effect in accordance with its terms; and
(3) A determination as to whether an employer is a fit and proper person for the purposes of entering into vocational placement agreements made by the former TTAC under section 54 of the former VET Act and in effect immediately before the commencement day is taken to have been made by the new TTAC under section 48 of the Training and Workforce Development Act 2013 .
(4) A notice provided by the former TTAC under section 54 of the former VET Act and not revoked before the commencement day –
(5) A direction validly given to a party to an existing vocational training agreement by the former TTAC, under a provision of the former VET Act, that has effect immediately before the commencement day –
(a) continues to have effect in accordance with its terms; and
(1) If, under section 67 of the former VET Act, a person applied to the former Skills Tasmania to carry out an inquiry, or the former Skills Tasmania determined to carry out an inquiry, and that inquiry had not commenced or was not completed before the commencement day –
For the avoidance of doubt, it is declared that if under section 68 of the former VET Act a person applied to the former TTAC to hear and determine a dispute, or the former Skills Tasmania determined to hear and determine a dispute, and the hearing had not commenced or was not completed before the commencement day –
(1) A certificate of authority issued by the former Skills Tasmania to a person under section 69 of the former VET Act is taken to be a certificate of authority issued by the Secretary to that person under section 54 of the Training and Workforce Development Act 2013 .
If appropriate, a contract made by the former Skills Tasmania but not performed or discharged before the commencement day is taken to have been made by the Secretary on behalf of the Crown.
31
Documents
31 Documents
(1) In this section –
document does not include a contract.
(2) If appropriate –
(a) a document issued or made by the former Skills Tasmania is taken to have been issued or made by the Secretary or the new TTAC; and
(b) a document served on or by, or provided to or by, the former Skills Tasmania is taken to have been served on or by, or provided to or by, the Secretary or the new TTAC; and
(c) a reference in a document to the former Skills Tasmania is taken to be, or include, a reference to the Crown in relation to the Education Department or the new TTAC.
(3) If appropriate –
(a) a document issued or made by the former TTAC is taken to have been issued or made by the Secretary or the new TTAC; and
(b) a document served on or by, or provided to or by, the former TTAC is taken to have been served on or by, or provided to or by, the Secretary or the new TTAC; and
(c) a reference in a document to the former TTAC is taken to be, or include, a reference to the Secretary or the new TTAC.
32
Legal matters
32 Legal matters
(1) A legal proceeding that was instituted by or against the former Skills Tasmania and is pending immediately before the commencement day may be continued by or against the Crown.
(2) A legal proceeding that could have been instituted by or against the former Skills Tasmania to enforce a right that had accrued, and was in existence, immediately before the commencement day may be instituted by or against the Crown.
(3) A judgment or order of a court obtained by or against the former Skills Tasmania before the commencement day may be enforced by or against the Crown.
33
Semi-annual report
33 Semi-annual report
As soon as practicable after the commencement day, the former Skills Tasmania Board is to prepare and provide to the Minister a report on the activities of the former Skills Tasmania for the period commencing on 1 January 2013 and ending on 30 June 2013.
specialist vocational education and training registration has the same meaning as in the Teachers Registration Act 2000 .
(2) On the written application of a person or on its own motion, the Board may grant, under section 13 of theTeachers Registration Act 2000 , specialist vocational education and training registration to the person if satisfied that the person –
(a) is, and immediately before the commencement day was, fully registered or provisionally registered; and
(b) satisfies the criteria for specialist vocational education and training registration as set out in that section.
(3) On granting specialist vocational education and training registration to a person in pursuance of subsection (2) , the Board, if it considers it appropriate, may cancel the full registration or provisional registration of the person.
(4) If the person granted specialist vocational education and training registration in pursuance of subsection (2) has paid the annual registration fee payable under the Teachers Registration Act 2000 for the year in which the specialist vocational education and training registration is so granted, or the annual registration fees for that year and a later year, in relation to his or her full registration or provisional registration –
(a) no further annual registration fee is payable only because the person has been so granted specialist vocational education and training registration; and
(b) no refund is owing if the person's full registration or provisional registration is cancelled.
(2) The Governor may make regulations for the purposes of this Act.
(3) The 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.
(4) The regulations may authorise any matter to be from time to time determined, applied, approved or regulated by the Minister, the Secretary of the Education Department, the chief executive officer of TasTAFE or the new TTAC.
(5) The regulations may –
(a) provide for savings or transitional matters necessary or expedient for bringing this Act into operation; and
(b) provide for any of those savings or transitional matters to take effect when this Act commences or on a later day specified in the regulations, whether the day so specified is before, on or after the day on which the regulations are made.
(a) the administration of this Act is assigned to the Minister for Education and Skills; and
(b) the department responsible to that Minister in relation to the administration of this Act, other than Part 2 and except in so far as it relates to TasTAFE, is the Department of Education; and
(c) the department responsible to that Minister in relation to the administration of Part 2 and this Act in so far as it relates to TasTAFE, is TasTAFE.
Source text: opening excerpt
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 Training and Workforce Development (Transitional Provisions) Act 2013 .
2 Commencement
2 Commencement
This Act commences on 1 July 2013.
Part 2 Transitional Matters for TasTAFE
Part 2 Transitional Matters for TasTAFE
3 Interpretation of Part
3 Interpretation of Part
In this Part –
commencement day means 1 July 2013;
Education Department means the department responsible to the Minister to whom the administration of the Training and Workforce Development Act 2013 , other than Part 5 , is assigned;
Polytechnic means the Tasmanian Polytechnic continued as a State educational institution by section 5 of the Polytechnic Act;
Polytechnic Act means the Education and Training (Tasmanian Polytechnic) Act 2008 as in force immediately before the commencement day;
Polytechnic contract means any contract in force immediately before the commencement day and entered into in the name of the Polytechnic or by the Crown in relation to the performance of the functions of the Polytechnic, other than a contract of employment or a contract determined under section 4(3) not to be a Polytechnic contract;
Polytechnic liability means any liability or obligation (whether actual, prospective or contingent) belonging, immediately before the commencement day, to the Polytechnic or the Crown in relation to the performance of the functions of the Polytechnic, other than a liability or obligation determined under section 4(3) not to be a Polytechnic liability;
Polytechnic property means any property or right held, immediately before the commencement day, in the name of the Polytechnic or by the Crown in relation to the performance of the functions of the Polytechnic, other than any property or right determined under not to be Polytechnic property;
Continuing status for employees, students and courses: appointments of “transferring employees” continue and are taken to have been made for the purposes of TasTAFE (s 9); student enrolments and course offerings that existed immediately before commencement continue under TasTAFE (s 10).
Transfer or continuation of subordinate instruments and pending proceedings: Skills Institute by‑laws continue for up to six months and are taken to be TasTAFE by‑laws (s 11); Polytechnic regulations’ ongoing disciplinary matters continue under TasTAFE (s 12); legal proceedings, judgments and orders relating to transferred matters may be continued by or against TasTAFE or the Crown, as appropriate (ss 14, 32).
Financial and reporting obligations preserved or imposed on pre-existing boards: the Skills Institute Board must prepare financial statements and an annual report for the 2012-13 year and provide these to the Auditor‑General and the Minister, with specified compliance with Australian Accounting Standards unless directions are given by the Treasurer (ss 15-16).
Continuity for training and vocational placement agreements, group training registrations, inspections, inquiries and dispute processes, transferred to new institutional decision‑makers such as the Secretary or the new TTAC under the 2013 Act (Parts 3: ss 23-29, 24-26, 27-29).
The Act does not create new substantive regulatory offences or new classes of civil liability; its function is transitional. Its legal mechanisms are transfers of title, validation of pre-commencement acts, preservation of subordinate instruments for a limited period, statutory continuations of appointments and responsibilities, and express directions to preserve enforceability and administrative continuity across the statutory transition.
Main concepts
The Act defines and operationalises a set of transitional legal concepts. Several defined terms frame who and what move from the pre‑existing institutional arrangements to the new ones; these definitions are central to how rights and duties transfer.
Successor in title and transferred matter
TasTAFE is declared to be the legal successor in title for Polytechnic and Skills Institute property, contracts and liabilities, unless the Minister determines otherwise by Gazette notice (s 4(1)-(3)). The Act uses the phrase “transferred matter” in Part 2 and Part 3 to include property, liabilities, contracts, transferring students and transferring employees (s 14(1) and s 18 in Part 3).
The Minister’s power to exclude items from succession is an administrative determination published in the Gazette and explicitly not a statutory rule (s 4(3)-(4)). Equivalent Gazette notices are used elsewhere to abolish Boards (s 6(2), s 20(3)), and those abolition notices are likewise declared not to be statutory rules (s 6(8), s 20(9)).
Continuity and validation
The Act validates the pre‑commencement acts of transition bodies. Interim board members and the person appointed interim CEO on specified dates are taken to have been appointed under the new TasTAFE Act on the same terms (ss 7(2)-(3), 8(2)). Acts done by those interim appointees in preparing or establishing TasTAFE are not invalid because the new Acts had not commenced and are taken to have been done by the TasTAFE Board or CEO (ss 7(4), 8(3)).
The terms “transferring employee”, “transferring student” and “transferred matter” are deployed to import continuity of employment, enrolment, course provision and to permit continuation or institution of legal proceedings (ss 9, 10, 14).
Carry‑over of subordinate instruments and processes
Skills Institute by‑laws and the Polytechnic Regulations are explicitly preserved for a defined period and are mapped onto corresponding TasTAFE instruments and decision‑makers (ss 11-12). The Skills Institute by‑laws remain in force until rescinded or until six months after commencement, whichever occurs first, and are taken to be made under the TasTAFE Act (s 11(2)-(3)). Disciplinary hearings, sanctions and appeals that began before commencement may be continued by TasTAFE authorities (ss 11(4), 12(2)-(6)).
Certificates of authority issued by former Skills Tasmania are taken to be certificates issued by the Secretary under the new Act (s 29(1)), and inspections begun under the former Act may be continued (s 29(2)).
Administrative continuity and governance wind‑down
The Skills Institute is abolished on the commencement day while its Board and audit committee continue until the Minister is satisfied they have fulfilled obligations; upon abolition, appointments are terminated and no benefit is payable on termination to board or committee members (ss 5-6).
Former Skills Tasmania and former TTAC are similarly abolished or continued in specific forms: certain committees continue (eg, the Skills Tasmania Equity Committee) as committees under the new Act with the same members and terms (ss 19-21).
Regulatory and financial oversight
The Treasurer can direct the form of the Skills Institute’s financial statements for the year ending 30 June 2013, which must otherwise comply with Australian Accounting Standards (s 15). The Auditor‑General is required to audit those statements as if the Skills Institute remained a State authority under the Audit Act 2008 and to report to the Board and Minister (s 15(6)).
Delegation and regulation
The Governor may make regulations for any purpose of the Act and may authorise matters to be determined by Minister, Secretary, TasTAFE CEO or the new TTAC; regulations may make differential application and provide for savings or transitional matters and can be combined with regulations under associated Acts (s 36).
These concepts are practical legal devices for preserving continuity across institutional reform: succession in title, validation of preparatory acts, carry‑over of subordinate law for limited periods, and express allocation of responsibilities for concluding financial, legal and administrative matters.
Who it affects
The Act touches a compact set of institutional actors and identifiable categories of private parties. The principal public actors are TasTAFE (created under the Training and Workforce Development Act 2013), the Minister, the Secretary of the Education Department, the Treasurer, the Auditor‑General and the Governor (for regulations).
Public bodies and office‑holders
TasTAFE and its Board of Directors and chief executive officer: the Act makes TasTAFE the successor in title for most Polytechnic and Skills Institute matters (s 4(1)). Interim members and the interim CEO are taken to have been appointed as TasTAFE Board members and CEO on their existing terms (ss 7-8). TasTAFE is responsible for disciplinary continuations and the operation of by‑laws carried over (ss 11-12).
Skills Institute Board and audit committee: these bodies continue beyond repeal of the Skills Institute Act until abolished by the Minister by Gazette notice; they have obligations to prepare financial statements and an annual report for the 2012-13 year (ss 5-6, 15-16).
Former Skills Tasmania and former TTAC: Part 3 preserves limited continuations; the former Skills Tasmania Board and audit committee continue until abolished (s 19) while certain former committees are abolished immediately (s 20(7)); the Skills Tasmania Equity Committee continues as a Secretary‑established committee with the same members and terms (s 21).
The Secretary of the Education Department: the Secretary absorbs many decision‑making roles previously exercised by former bodies (eg, taking over determinations and approvals in relation to training agreements and vocational placement agreements, s 25(4), 26(3)) and is the recipient of financial statements and reports (ss 15, 16).
Private parties and intermediaries
Transferring employees: persons whose appointments immediately before commencement would have been made under the State Service Act 2000 for the purposes of the Education Department, the Polytechnic or Skills Institute are treated as continuing appointees for the purposes of TasTAFE; these continuations are not State Service actions for the purposes of s 50 of the State Service Act (s 9).
Students and course participants: enrolments and courses that existed immediately before commencement continue under TasTAFE (s 10).
Employers and apprentices/trainees: existing training agreements approved under the former VET Act continue and are taken to be training contracts under the new Act; vocational placement agreements are also preserved (ss 25-26). Determinations or approvals of fitness or temporary release previously made by the former TTAC are taken to have been made by the Secretary or the new TTAC as appropriate (s 25(4)-(5), 26(3)-(4)).
Group training organisations: organisations registered under former Tasmanian Operational Requirements are taken to be listed group training organisations under the new Act until the earlier of the end of their existing registration term or cancellation under the new Act (s 24(3)).
Persons authorised to inspect or hold certificates of authority under former Skills Tasmania: existing certificates of authority are taken to be issued by the Secretary and inspections may continue under the new Act (s 29).
Auditors and the Auditor‑General: the Auditor‑General must audit the Skills Institute financial statements as if the Institute were still a State authority (s 15(6)).
Other affected actors
Members of abolished boards and committees: appointments terminate on abolition and members are explicitly not entitled to any benefit in respect of termination (ss 6(4)-(7), 20(5)-(8)).
Treasurer: has a statutory role to direct the form of the Skills Institute financial statements (s 15(4)).
Governor: may make regulations and combine regulations under this and associated Acts (s 36).
In short, the Act affects the legal relationship of a narrow set of public institutions and the private individuals and entities (employees, students, employers, trainees) who had contracts, enrolments or regulatory relationships with those institutions prior to 1 July 2013. It assigns decision‑making powers and reporting duties to successor public officers to preserve legal continuity and administrative closure.
Key duties and rights
The Act creates continuing duties on former boards and imposes duties on successor entities and office‑holders. It also establishes rights by statutory declaration of continuity for particular groups.
Duties imposed on transitional or former bodies
Skills Institute Board: must prepare financial statements for the financial year ending 30 June 2013 as soon as practicable after commencement and provide those statements to the Auditor‑General (s 15(1)). The financial statements must include the information referred to in s 27(2) of the former Skills Institute Act, comply with directions by the Treasurer as to form and otherwise comply with Australian Accounting Standards (s 15(2)-(4)). The audit committee must provide advice to the Board to help it fulfil these obligations (s 15(5)). The Board must also prepare and provide an annual report for the year ending 30 June 2013 to the Minister, who must lay it before Parliament within 10 sitting days or explain the delay (s 16).
Skills Institute Board (bank accounts): despite succession rules, the Skills Institute Board must close authorised deposit‑taking institution accounts maintained in the Skills Institute name and deal with monies in those accounts as the Minister specifies by notice (s 13).
Former Skills Tasmania Board: must prepare and provide a semi‑annual report on activities for 1 Jan-30 Jun 2013 to the Minister as soon as practicable (s 33).
Duties and authorities of successor entities and office‑holders
TasTAFE as successor: TasTAFE acquires title to most property, liabilities and contracts of the Polytechnic and Skills Institute (s 4(1)), and is therefore the person who must, where necessary, perform, discharge, defend or enforce such matters (s 14(2)-(4)).
Secretary and new TTAC: determinations, approvals, inquiries, inspections and dispute hearings that were pending or to be made by former entities are to be treated as matters for the Secretary or the new TTAC under the corresponding provisions of the new Act (eg, ss 25(4), 26(3)-(4), 27(1), 28). A certificate of authority issued by former Skills Tasmania is taken to be a certificate issued by the Secretary (s 29(1)).
Interim Board and interim CEO: acts done by the interim board or interim chief executive for the purpose of preparing for or establishing TasTAFE are taken to have been validly done by the TasTAFE Board or CEO (ss 7(4), 8(3)).
Rights preserved for private parties
Transferring employees: they retain their State Service Act appointments and those appointments are taken to have been made for the purposes of TasTAFE; importantly, the continuation is not a State Service action under s 50 of the State Service Act (s 9(2)-(3)), which affects the mechanism for internal review or challenge under the State Service Act.
Students and courses: enrolments and course offers remain in force and become TasTAFE enrolments or offers (s 10).
Existing training agreements and vocational placement agreements: existing agreements remain in effect and are taken to be training contracts or vocational placement agreements under the new Act (ss 25(2), 26(2)). Approvals, suspensions and determinations made by the former TTAC are taken to have been made by the Secretary or the new TTAC and continue in effect where applicable (ss 25(3)-(5), 26(3)-(4)).
Legal process continuity: legal proceedings, judgments or orders relating to transferred matters that were instituted by or against the Crown, Skills Institute or former Skills Tasmania may be continued or enforced by the appropriate successor (ss 14(2)-(4), 32(1)-(3)).
Ministerial and Treasurer authorities
The Minister has power to determine exclusions from succession and to publish abolition notices for boards subject to satisfaction that obligations are fulfilled (ss 4(3), 6(2)-(3), 20(3)-(4)).
The Treasurer may direct the form of the financial statements to be prepared by the Skills Institute Board (s 15(4)).
Regulatory instruments and limits
Skills Institute by‑laws and Polytechnic Regulations are continued and mapped onto TasTAFE instruments, but only for limited periods and subject to rescission or confirmation under the TasTAFE Act (ss 11-12).
The Act therefore sets out a clear matrix of continuing duties to conclude financial, legal and administrative affairs, assigns successor duties and rights to TasTAFE, the Secretary and the new TTAC, and provides continuity of private‑party rights in enrolments, employment appointments, training agreements and pending proceedings.
Penalties and enforcement
The Act is primarily transitional and does not introduce new criminal offences or express civil penalty regimes. Enforcement during the transition is effected by continuity of pre‑existing legal and administrative mechanisms and by express statutory authorisations allowing successor bodies to continue or commence proceedings and enforcement actions.
Continuation and institution of proceedings
Legal proceedings relating to transferred matters that were pending against or by the Crown, the Skills Institute or former Skills Tasmania may be continued by or against TasTAFE or the Crown (ss 14(2), 32(1)). Matters that could have been brought to enforce pre‑existing rights may be instituted by or against TasTAFE or the Crown as if the prior rights still existed (ss 14(3), 32(2)).
Judgments and orders obtained against or by the prior bodies may be enforced by or against TasTAFE or the Crown (ss 14(4), 32(3)). This preserves judicial enforcement as the principal mechanism where rights have already been the subject of litigation or final orders.
Administrative sanctions and disciplinary measures
Disciplinary processes and sanctions commenced under the Skills Institute by‑laws or the Polytechnic Regulations prior to commencement may be continued by TasTAFE officers and the Board, and sanctions already imposed are taken to have been imposed by corresponding TasTAFE office‑holders (ss 11(4), 12(2)-(5)). Appeals under those instruments may also be continued by TasTAFE (ss 11(4)(c), 12(4)). Enforcement of disciplinary sanctions therefore proceeds under the preserved subordinate instruments, as mapped to TasTAFE decision‑makers.
Inspection and authorisation enforcement
Certificates of authority issued by former Skills Tasmania remain valid as certificates issued by the Secretary under the new Act, and inspections started under the previous Act may be continued (s 29). Inspecting officers retain their statutory authorisation for the purposes of continuing enforcement activity.
Regulatory discretion and delegated decisions
The Governor may make regulations that authorise the Minister, Secretary, TasTAFE CEO or the new TTAC to determine matters from time to time (s 36(4)). Such delegations can create administrative enforcement levers (for example, decisions to cancel registrations or to direct compliance), but any specific penalty regimes would remain those already provided under the relevant principal Act, not created by this transitional Act.
Absence of new penalty provisions
The Act contains no new express criminal penalties or quantified civil fines. Instead, it preserves and realigns enforcement avenues already present in predecessor statutes by allowing successor entities to perform, continue, or enforce rights and obligations (ss 14, 25-29, 32).
Procedural limits on review
The continuance of appointments of transferring employees is expressly not a State Service action within the meaning of s 50 of the State Service Act 2000 (s 9(3), s 22(3) for the general manager). That status affects the availability of certain administrative review processes under the State Service Act for those personnel matters during the transition.
In operational terms, enforcement during and following transition proceeds through existing judicial and administrative channels, mapped onto TasTAFE, the Secretary and the new TTAC by statutory declaration. The Act preserves the legal capacity to enforce prior rights rather than creating new enforcement models.
How it interacts with other laws
This transitional Act is designed to operate in close coordination with a number of principal statutes and subordinate instruments. It explicitly links to and maps provisions, decision‑makers and instruments from the repealed legislation onto provisions in the Training and Workforce Development Act 2013 and other statutes.
Primary statutory interactions
Training and Workforce Development Act 2013: the transitional provisions operate to effect the transfer of functions and assets to TasTAFE, to implement Part 5 (the TasTAFE Act) of that 2013 Act, and to treat references to prior Acts as references to the relevant provisions of the 2013 Act where appropriate (s 3 definitions, s 17, s 34). Numerous transitional mappings instruct that determinations and powers under the former Acts are to be treated as having been made under corresponding provisions of the 2013 Act (eg, ss 25(4), 26(3), 27(1), 28).
Vocational Education and Training Act 1994 (former VET Act): Part 3 contains a range of transfer and continuation rules for former Skills Tasmania and the former TTAC that map prior powers and pending matters onto the Secretary or the new TTAC under the 2013 Act (s 18 definitions and subsequent provisions).
State Service Act 2000: the Act references appointments made under the State Service Act and confirms continuance of transferring employees’ appointments as appointments for the purposes of TasTAFE; it also declares that the continuation is not a “State Service action” for the purposes of s 50 of the State Service Act (s 9(1)-(3), s 22).
Audit Act 2008: the Auditor‑General is required to audit the Skills Institute financial statements as if the Institute were still a State authority under the Audit Act 2008 and to report accordingly (s 15(6)).
Rules Publication Act 1953: specific Ministerial notices used to determine excluded property or to abolish boards are declared not to be statutory rules for the purposes of that Act (s 4(4), s 6(8), s 20(9)), which limits the applicability of certain statutory rule publication and disallowance procedures to those instruments.
Administrative Arrangements Act 1990: the Act’s administration is assigned to the Minister for Education and Skills until changed by order under the Administrative Arrangements Act (s 37).
Subordinate instruments and mapping
Skills Institute by‑laws and Polytechnic Regulations are preserved and remapped as TasTAFE by‑laws or as TasTAFE regulatory matters for limited periods (ss 11-12). The Act requires substitution of references within those instruments (for example, replacing references to the Skills Institute with TasTAFE and to the Board with the Board of Directors of TasTAFE) so that subordinate law is operational under the new institution (s 11(3)).
Tasmanian Operational Requirements for Group Training Organisations issued by the former TTAC are taken to be operational requirement guidelines of the new TTAC until repealed by that committee under the 2013 Act (s 24(2)). Registered group training organisations are taken to be listed group training organisations under the new Act until the end of their registration term or cancellation (s 24(3)).
Regulatory overlap and delegation
The Governor’s regulation‑making power under s 36 may be used to provide savings, create differential application, and authorise determinations by Secretary, Minister, TasTAFE CEO or new TTAC. Regulations may also be combined with regulations under the Training and Workforce Development Act 2013 and its Repeals and Consequential Amendments Act 2013 (s 36(2), (4)-(6)). This creates a legal bridge and potentially overlapping rule‑making avenues that must be harmonised administratively.
Practical legal effects
The Act effectively transfers substantive rights, obligations, pending proceedings, appeals and subordinate instruments from several repealed or restructured Acts to new institutional actors, while preserving statutory auditing, reporting and treasury oversight requirements (ss 15, 16, 13, 36). Notices published in the Gazette play a continuing administrative role but are insulated from being treated as statutory rules (s 4(4), s 6(8), s 20(9)).
In sum, the transitional Act functions as a legal mapping instrument that reassigns statutory roles and subordinate instruments from repealed or restructured laws to the new architecture established by the Training and Workforce Development Act 2013, while preserving administrative continuity and statutory oversight through the Treasurer, Auditor‑General and Minister.
Amendment history
The text supplied is the Act as enacted to take effect on 1 July 2013 (s 2). The Act’s internal references document its immediate legislative context and the steps taken contemporaneously with its commencement. What the Act itself records about its enactment and related legislation is the following:
Commencement date: The Act commences on 1 July 2013 (s 2).
Relationship to repeals and consequential amendments: the Act repeatedly references the Training and Workforce Development (Repeals and Consequential Amendments) Act 2013 as the instrument that repealed predecessor statutes such as the Skills Institute Act and the former VET Act and thereby created the need for these transitional provisions (for example, ss 5, 6, and the definitions in Parts 2 and 3).
Integrated regulatory materials: the Act permits combining regulations made under this Act with regulations made under the Training and Workforce Development Act 2013 or the Repeals and Consequential Amendments Act 2013 (s 36(6)), which is a drafting device to allow consolidated regulation‑making where transitional matters interact with operative provisions.
Preservation of prior subordinate rules: the Act establishes temporal rules for preservation (for example, Skills Institute by‑laws remain for up to six months (s 11(2)), and former Operational Requirements for group training organisations continue until repealed by the new TTAC (s 24(2))).
Because the instrument provided is a transitional Act, it records its own single commencement and the immediate statutory environment rather than a longitudinal amendment history. The Act does not itself list later amendments or revisions; any subsequent amendments to this transitional Act, or changes to the statutory mappings it effects, would appear in later amending instruments or consolidated versions of legislation. From the text, one can conclude the Act was intended to operate concurrently with and to support the immediate implementation of the Training and Workforce Development Act 2013 and the Repeals and Consequential Amendments Act 2013, and it contains express mechanisms (regulation‑making, Gazette notices, Treasurer and Auditor‑General directions) designed for the administrative tasks of transition.
Users of this Act should therefore treat it as a time‑bound instrument whose principal purpose was to effect and manage the institutional transitions triggered by the 2013 reform package, rather than as a standing source of ongoing regulatory policy. Any record of subsequent amendments will be found in subsequent legislative instruments or the consolidated statute book.
Litigation history
The Act itself does not cite any judicial decisions, nor does it record litigation about its provisions. It is a transitional statute focused on continuity and validation, and the text contains express provisions preserving the capacity to litigate, continue proceedings and enforce judgments after the institutional transition.
Areas preserved for litigation and judicial enforcement
Continuation of pending litigation: legal proceedings in relation to transferred matters that were instituted by or against the Crown or the Skills Institute and pending immediately before commencement may be continued by or against TasTAFE (s 14(2)). Similarly, for former Skills Tasmania matters, pending proceedings may be continued by or against the Crown (s 32(1)).
Institution of new litigation to enforce accrued rights: litigation to enforce rights that had accrued and were in existence immediately before commencement can be instituted by or against TasTAFE (s 14(3)) or by or against the Crown (s 32(2)). This preserves private parties’ access to courts to vindicate previously accrued rights.
Enforcement of judgments and orders: judgments or orders obtained before commencement by or against predecessor bodies may be enforced by or against the successor entity (s 14(4), s 32(3)). That maintains the practical enforceability of court determinations.
Administrative hearings and disputes: hearings that were pending under former dispute provisions may be continued by the new TTAC under the new Act and decided under its corresponding provision (s 28). Inquiries applied for or determined under the former Act may be commenced or continued under the new Act (s 27).
Potential litigation focal points (based on the Act’s mechanics)
Disputes about whether a specific property, contract or liability was correctly determined by the Minister to be excluded from TasTAFE succession under the Gazette notice power in s 4(3). The Act provides the Minister a unilateral mechanism to exclude items from succession by notice in the Gazette, but does not make those notices statutory rules (s 4(4)), which could affect judicial review or parliamentary scrutiny pathways.
Challenges arising from the characterization of employment continuations as not being a “State Service action” under the State Service Act (s 9(3), s 22(3)). That status may narrow the administrative review avenues available to transferring employees and could give rise to disputes about available remedies.
Validation of acts done by interim bodies prior to commencement (ss 7(4), 8(3)). Where a pre‑commencement act has commercial consequences, there may be litigation over its validity if parties assert reliance on procedural technicalities.
Claims relating to the handling of funds after closure of bank accounts in the Skills Institute name and direction of the minister as to what is to be done with monies (s 13).
The Act therefore preserves access to courts and administrative processes for pre‑existing rights and proceedings, and in doing so identifies several predictable legal flashpoints arising from ministerial determinations, characterization of personnel moves, and validation of pre‑commencement acts. The text does not, however, contain a list of cases or a narrative of litigation arising from the transitional process; any such litigation would be found in judicial records rather than in the statute itself.
Gotchas
The transitional provisions contain specific legal mechanisms that create practical risks and points of attention for practitioners, institutions and private parties. These are concrete operational issues that arise from the Act’s design rather than value judgements.
Ministerial exclusion power and limited procedural scrutiny
The Minister may determine,by Gazette notice,that specific property, rights, liabilities or contracts are not Polytechnic or Skills Institute property, liabilities or contracts, and therefore not transferred to TasTAFE (s 4(3)). Those Gazette notices are expressly not statutory rules for the purpose of the Rules Publication Act 1953 (s 4(4)). Practitioners should note that such determinations are administrative decisions published by Gazette notice rather than instruments subject to statutory rule‑making procedures. This affects the procedural avenues for parliamentary disallowance and potentially narrows the statutory publication/disallowance controls that might otherwise apply.
Timing uncertainty for abolition of Boards
The Skills Institute Board and the former Skills Tasmania Board are not abolished immediately; they continue until the Minister determines a day by Gazette notice and only after the Minister is satisfied they have fulfilled obligations under the Act (ss 6(2)-(3), 20(3)-(4)). This introduces operational uncertainty regarding when board members’ appointments end, since abolition timing depends on administrative satisfaction with fulfilment of obligations.
No termination benefits for board members on abolition
The Act expressly states that members of the abolished Boards and committees are not entitled to receive any benefit in respect of the termination of their appointment (ss 6(7), 20(8)). Affected members should not expect compensation or severance rights arising from abolition under this statutory scheme.
Continuations not treated as State Service actions
The continuation of transferring employees’ appointments to TasTAFE is taken not to be a State Service action for the purposes of s 50 of the State Service Act 2000 (s 9(3); s 22(3) for the former Skills Tasmania general manager). That classification may limit the applicability of certain procedural protections and review rights available under the State Service Act, potentially narrowing staff remedies typically associated with reassignments or transfers.
Short continuation windows for subordinate law
Skills Institute by‑laws continue only until rescinded or for six months after commencement, whichever occurs first (s 11(2)). Practitioners must be alert to the fact that rules on conduct, discipline or awards under those by‑laws are temporarily preserved and may cease to apply within a short fixed window, requiring early decisions about whether to ratify, amend or replace them under TasTAFE authority.
Treasurer’s direction and accounting form
The Treasurer may direct the form of the Skills Institute’s financial statements for 2012-13 (s 15(4)). The financial statements must comply with such directions and with Australian Accounting Standards subject to any directions (s 15(3)-(4)). Entities responsible for preparation must therefore coordinate with the Treasurer’s office to avoid non‑compliance.
Ministerial direction over funds in closed accounts
Although TasTAFE succeeds in title, the Skills Institute Board is required to close all authorised deposit‑taking institution accounts maintained in the Skills Institute name and to deal with the funds as the Minister specifies by notice to the Board (s 13). This bifurcation,legal succession to TasTAFE but ministerial direction over funds,creates potential for friction or contested expectations about availability of funds immediately post‑commencement.
Validation of pre‑commencement acts
Acts done by interim boards, interim CEOs and other pre‑commencement officers are validated and taken to have been done by TasTAFE officers (ss 7(4), 8(3)). While that reduces immediate procedural risk, questions could arise later about the scope and authority of those acts, particularly where third parties rely on preliminary arrangements.
Continuity of training agreements and approvals
Existing training agreements are taken to be training contracts under the new Act (s 25(2)), and suspensions or approvals in effect immediately prior to commencement continue (s 25(3)-(6)). Employers and trainees should treat these instruments as continuing but need to be aware that their regulatory oversight authority (former TTAC vs new TTAC vs Secretary) has changed, potentially affecting review pathways and decision‑making cultures.
Notices not statutory rules
Several important administrative notices (exclusions, board abolition) are declared not to be statutory rules (ss 4(4), 6(8), 20(9)). This has implications for transparency and for any statutory disallowance or review mechanisms that attach to statutory rules, which will not apply.
Regulation‑making and delegation risk
Section 36 allows regulations to authorise matters to be determined by the Minister, Secretary, TasTAFE CEO or new TTAC (s 36(4)). These delegated regulatory powers are broad and can create significant administrative discretion; practitioners should track any regulations made under s 36 because they can materially affect where and how decisions are taken post‑transition.
Group training organisation registration continuity
Group training organisations registered under former Operational Requirements are taken to be listed group training organisations until the earlier of the end of their existing registration term or cancellation under the new Act (s 24(3)). Organisations should monitor registration expiry and any decisions under the new TTAC regulatory framework.
In practice, these “gotchas” point to a set of technical operational risks arising from ministerial discretion, short time windows for carry‑over instruments, limitations on reviewability, and the need for coordination between Treasurer, Auditor‑General, Secretary and TasTAFE. Legal advisers should inventory transferred matters, monitor Gazette notices and regulations under s 36, and advise clients about shifting decision‑makers and truncated subordinate law windows.
How to comply
Compliance under this transitional framework requires active administrative steps by several different actors. Below is a practical, source‑grounded checklist organised by actor, referencing the statutory provisions that impose duties or create transition steps.
For Skills Institute Board (immediate post‑commencement duties)
Close authorised deposit‑taking institution accounts maintained in the Skills Institute name as soon as practicable and await the Minister’s notice on how to deal with monies (s 13). Keep detailed records of account closures and the transfer of each fund line to demonstrate compliance.
Prepare financial statements for the financial year ending 30 June 2013 as soon as practicable and provide them to the Auditor‑General (s 15(1)). Ensure statements contain the information required by s 27(2) of the former Skills Institute Act (s 15(2)).
Comply with any written directions from the Treasurer about the form of the financial statements (s 15(4)). Coordinate early with Treasury to pre‑empt form or disclosure issues.
Ensure the Skills Institute audit committee provides necessary advice to the Board to enable the financial statements’ preparation and the audit process (s 15(5)).
Prepare and deliver the annual report for 2012-13 to the Minister promptly, and be ready to supply reasons and an expected lay date to Parliament if laying cannot occur within the 10‑sitting‑day window (s 16(1)-(4)).
For TasTAFE (successor institution)
Establish a register of transferred matters (property, contracts, liabilities) identified as falling within the successor in title declaration, and identify any items the Minister has excluded under s 4(3). Because the Minister may exclude items by Gazette notice, monitor the Gazette for such notices (s 4(1)-(3)).
Accept responsibility for continuing legal proceedings, enforcement of judgments, and initiation of proceedings to enforce pre‑existing rights in relation to transferred matters (s 14(2)-(4)). Coordinate with Crown law and in‑house counsel to assume or defend pending matters.
Validate and maintain continuity for student enrolments and course offerings that transferred to TasTAFE (s 10). Update enrolment records and notify affected students of the institutional identity change where appropriate.
Continue and conclude disciplinary hearings and appeals that were commenced under the Skills Institute by‑laws or Polytechnic Regulations (ss 11(4), 12(2)-(5)). Map pre‑commencement case files to current TasTAFE processes and ensure appeal pathways are clear.
Where interim board members or the interim CEO acted pre‑commencement, record and treat those acts as valid under ss 7(4) and 8(3); ensure instruments of appointment are reflected in TasTAFE governance records according to ss 7(2)-(3) and 8(2).
For Secretary and the new TTAC
Treat applications for inquiries or disputes pending under the former VET Act as having been made to the Secretary or as matters for the new TTAC and proceed under the relevant sections of the new Act (ss 27-28).
Recognise determinations, approvals and certificates issued by former TTAC or former Skills Tasmania where the Act provides for their continuation (s 25(4)-(5), s 26(3)-(4), s 29(1)). Ensure staffing and record systems preserve the provenance and content of those prior instruments.
Assume responsibility for contracts made by the former Skills Tasmania not performed before commencement where the Act permits taking those to have been made by the Secretary on behalf of the Crown (s 30).
For Employers, Group Training Organisations and Parties to Training Agreements
Treat existing training agreements and vocational placement agreements in force immediately before commencement as continuing and as training contracts under the new Act (ss 25(2), 26(2)). Do not assume suspensions or approvals have lapsed; many are expressly continued (s 25(3)-(6)).
Group training organisations registered under former Operational Requirements are taken to be listed group training organisations until the earlier of the end of their existing registration term or cancellation under the new Act (s 24(3)). Keep a watch on the registration term and any notices of cancellation under the new TTAC framework.
Where direction or approval by the former TTAC determined fit and proper status, treat such determinations as continuing under the new TTAC or Secretary (s 25(4), 26(3)). Seek written confirmation where regulatory status may affect compliance or funding.
For Transferring Employees and the General Manager of Former Skills Tasmania
Understand that appointments continue and are taken to have been made for the purposes of TasTAFE (s 9(2); s 22(2) for the general manager). However, the continuation is not a State Service action for the purposes of the State Service Act (s 9(3), s 22(3)). Where an employee seeks review of a change in terms or placement, confirm available remedies and processes, including industrial agreement or other employment law avenues outside the State Service Act.
For Auditors and Financial Officers
Treat the Skills Institute financial year 2012-13 statements as subject to audit by the Auditor‑General as if the Skills Institute remained a State authority under the Audit Act 2008 (s 15(6)). Prepare working papers consistent with Australian Accounting Standards and any Treasurer directions (s 15(3)-(4)).
For Ministers and the Treasurer
Use Gazette notices to effect exclusions from successor title and to set abolition dates for Boards (ss 4(3), 6(2), 20(3)). Note that such notices are not statutory rules; consider documentation and rationale to support administrative defensibility.
If issuing directions on financial statement form, ensure those directions are documented and given in writing to the Skills Institute Board (s 15(4)).
For all affected parties
Track regulations made under s 36 because these may authorise matters to be determined by various public office‑holders, may impose transitional savings and may be combined with regulations under the principal Acts (s 36(2)-(6)).
Maintain a contemporaneous, auditable paper trail of transfers, Gazette notices, account closures, and correspondence between Boards, Secretary, Treasurer and Minister to preserve evidence of compliance with the Act’s temporal and procedural obligations (ss 13, 15, 16, 36).
In practical terms, compliance requires prompt inventory and transfer of records and assets; active monitoring of Gazette notices and regulations under s 36; coordination between Treasurer, Auditor‑General, Secretary and TasTAFE; and clear documentation of the continuity and assignment of responsibilities for students, employees, training agreements and pending proceedings (ss 4, 9-10, 14-16, 25-29).
Section 4TasTAFE successor in title to Polytechnic and Skills Institute
Secretary means the Secretary of the Education Department;
Skills Institute means the Tasmanian Skills Institute established under section 5 of the Skills Institute Act;
Skills Institute Act means the Education and Training (Tasmanian Skills Institute) Act 2008 as in force immediately before the commencement day;
Skills Institute audit committee means the audit committee established under section 18 of the Skills Institute Act, as constituted immediately before the commencement day;
Skills Institute Board means the Board of Directors of the Skills Institute established under section 8 of the Skills Institute Act, as constituted immediately before the commencement day;
Skills Institute contract means any contract in force immediately before the commencement day and entered into by the Skills Institute, other than a contract of employment, or a contract determined under section 4(3) not to be a Skills Institute contract;
Skills Institute liability means any liability or obligation (whether actual, prospective or contingent) belonging, immediately before the commencement day, to the Skills Institute, other than a liability or obligation determined under section 4(3) not to be a Skills Institute liability;
Skills Institute property means any property or right vested, immediately before the commencement day, in the Skills Institute, other than any property or right determined under section 4(3) not to be Skills Institute property;
TasTAFE means TasTAFE created under section 56 of the Training and Workforce Development Act 2013 ;
TasTAFE Act means Part 5 of the Training and Workforce Development Act 2013 .
4 TasTAFE successor in title to Polytechnic and Skills Institute
4 TasTAFE successor in title to Polytechnic and Skills Institute
(1) For the avoidance of doubt, it is declared that TasTAFE is the legal successor in title in relation to all Polytechnic property, Polytechnic liabilities, Polytechnic contracts, Skills Institute property, Skills Institute liabilities and Skills Institute contracts.
(2) Despite the merger and continuation as TasTAFE of the Polytechnic and the Skills Institute by section 56 of the Training and Workforce Development Act 2013 , TasTAFE is not the legal successor in title in relation to any property, liability or contract determined by the Minister under subsection (3) not to be Polytechnic property, a Polytechnic liability, a Polytechnic contract, Skills Institute property, a Skills Institute liability or a Skills Institute contract.
(3) The Minister, by notice published in the Gazette, may determine that –
(a) any property or right is not Polytechnic property or Skills Institute property; and
(b) a liability or obligation (whether actual, prospective or contingent) is not a Polytechnic liability or a Skills Institute liability; and
(c) a contract is not a Polytechnic contract or a Skills Institute contract.
(4) A notice under subsection (3) is not a statutory rule for the purposes of the Rules Publication Act 1953 .
5 Continuation of Skills Institute Board and Skills Institute audit committee
5 Continuation of Skills Institute Board and Skills Institute audit committee
Despite the repeal of the Skills Institute Act by the Training and Workforce Development (Repeals and Consequential Amendments) Act 2013 , the Skills Institute Board and the Skills Institute audit committee continue until abolished under section 6 .
6 Abolition of Skills Institute, Skills Institute Board and Skills Institute committees
6 Abolition of Skills Institute, Skills Institute Board and Skills Institute committees
(1) The Skills Institute is abolished on the commencement day.
(2) The Skills Institute Board is abolished on the day determined by the Minister by notice published in the Gazette.
(3) The Minister is not to determine a day for the abolition of the Skills Institute Board until satisfied that it has fulfilled its obligations under this Part.
(4) The appointment of each member of the Skills Institute Board is terminated on the day that Board is abolished.
(5) The Skills Institute audit committee is abolished on the day the Skills Institute Board is abolished and the appointment of each of its members is terminated on that day.
(6) All committees established under section 19 of the Skills Institute Act, as constituted immediately before the commencement day, are abolished on the commencement day and the appointment of each member of such a committee is terminated on the commencement day.
(7) A member of the Skills Institute Board, the audit committee referred to in subsection (5) or a committee referred to in subsection (6) is not entitled to receive any benefit in respect of the termination of his or her appointment as such a member.
(8) A notice under subsection (2) is not a statutory rule for the purposes of the Rules Publication Act 1953 .
7 TasTAFE interim board
7 TasTAFE interim board
(1) In this section –
interim board means the board established for the purposes of preparing for and overseeing the establishment of TasTAFE prior to the formal commencement of the Training and Workforce Development Act 2013 and consisting of persons appointed –
(a) to the interim board of TasTAFE; and
(b) by the Minister; and
(c) for the purposes of preparing for the establishment of, and establishing, TasTAFE;
interim chairperson means the member of the interim board that was appointed by the Minister as chairperson of the interim board on 22 November 2012.
(2) A member of the interim board is taken to have been appointed as a member of the Board of Directors of TasTAFE under section 60(1) of the Training and Workforce Development Act 2013 for the term and on the conditions, including remuneration, specified in his or her instrument of appointment to the interim board.
(3) The person appointed by the Minister as interim chairperson is taken to have been appointed as chairperson of the Board of Directors of TasTAFE under section 60(5) of the Training and Workforce Development Act 2013 for the term and on the conditions, including remuneration, specified in his or her instrument of appointment to the office of chairperson of the interim board.
(4) Any act done by the interim board, its interim chairperson or a member of the interim board for the purposes of –
(a) preparing for the establishment of, or establishing, TasTAFE; or
(b) bringing into operation, or giving full effect to, this Act or the TasTAFE Act –
is not invalid by reason only of the fact that this Act or the TasTAFE Act had not commenced or been enacted and, if appropriate, is taken to have been done by the Board of Directors of TasTAFE, its chairperson or a member of that Board of Directors under this Act or the TasTAFE Act.
8 Interim chief executive officer
8 Interim chief executive officer
(1) In this section –
interim chief executive officer means the person appointed –
(a) on 3 December 2012; and
(b) pursuant to and in accordance with the provisions of section 31 of theState Service Act 2000 as the chief executive officer of TasTAFE; and
(c) by the Premier.
(2) The interim chief executive officer is taken to have been appointed as the chief executive officer of TasTAFE under section 66 of the Training and Workforce Development Act 2013 for the term and on the conditions, including remuneration, specified in his or her instrument of appointment to the office of chief executive officer of TasTAFE.
(3) Any act done by the interim chief executive officer for the purposes of –
(a) preparing for the establishment of, or establishing, TasTAFE; or
(b) bringing into operation, or giving full effect to, this Act or the TasTAFE Act –
is not invalid by reason only of the fact that this Act or the TasTAFE Act had not commenced or been enacted and, if appropriate, is taken to have been done by the chief executive officer of TasTAFE under this Act or the TasTAFE Act.
9 Employees of TasTAFE
9 Employees of TasTAFE
(1) In this section –
transferring employee means –
(a) a person who, on the commencement day, would have been holding an appointment, or would have been taken to have been holding an appointment, made under the State Service Act 2000 for the purposes of the Education Department in relation to the Polytechnic or for the purposes of the Polytechnic Act had the Training and Workforce Development Act 2013 and this Act not been enacted; or
(b) a person who, on the commencement day, would have been holding an appointment, or would have been taken to have been holding an appointment, made under the State Service Act 2000 for the purposes of the Skills Institute or the Skills Institute Act.
(2) For the avoidance of doubt, it is declared that the appointment of a transferring employee under the State Service Act 2000 continues and is taken to have been made for the purposes of TasTAFE and Part 5 of the Training and Workforce Development Act 2013 .
(3) The continuation of the appointment of a transferring employee, as done by or referred to in this section, is not a State Service action for the purposes of section 50 of theState Service Act 2000 .
10 Students and courses
10 Students and courses
(1) For the avoidance of doubt, it is declared that, if a person, immediately before the commencement day, was enrolled as a student at or with the Polytechnic or the Skills Institute, that enrolment continues at or with TasTAFE.
(2) For the avoidance of doubt, it is declared that, if immediately before the commencement day a course of education and training was being provided to students enrolled at or with the Polytechnic or the Skills Institute and, but for the commencement of the Training and Workforce Development (Repeals and Consequential Amendments) Act 2013 , that course would continue on or after the commencement day, that course continues as a course provided by TasTAFE.
(3) For the avoidance of doubt, it is declared that, if before the commencement day a course of education and training has been offered to be provided to students enrolled at or with the Polytechnic or the Skills Institute but has not commenced, that offer continues as an offer by TasTAFE to its students and TasTAFE may provide that course on and after the commencement day.
11 By-laws of Skills Institute
11 By-laws of Skills Institute
(1) In this section –
Skills Institute by-laws means the Education and Training (Tasmanian Skills Institute) By-laws 2010 .
(2) The Skills Institute by-laws –
(a) continue until the first of the following occurs:
(i) they are rescinded;
(ii) the period of 6 months commencing on the commencement day ends; and
(b) for that purpose, are taken to have been made by the TasTAFE Board under section 85 of the Training and Workforce Development Act 2013 .
(3) In the application of the Skills Institute by-laws on and after the commencement day –
(a) a reference to the Act is a reference to the TasTAFE Act and a reference to a section of the Act is a reference to the corresponding section of the TasTAFE Act; and
(b) a reference to the Skills Institute is
This is an opening excerpt, not the complete document.