14Legal 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 ;

transferring student means a person who, immediately before the commencement day, was enrolled as a student at or with the Polytechnic or the Skills Institute and who, but for the commencement of the Training and Workforce Development Act 2013 and the Training and Workforce Development (Repeals and Consequential Amendments) Act 2013 , would have remained enrolled as a student at or with the Polytechnic or the Skills Institute.

(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.