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Training and Workforce Development (Repeals and Consequential Amendments) Act 2013

An Act to repeal, rescind and revoke certain Acts and subordinate legislation, and to amend certain Acts, consequent on the enactment of the Training and Workforce Development Act 2013 and for related purposes

[Royal Assent 13 June 2013]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title

This Act may be cited as the Training and Workforce Development (Repeals and Consequential Amendments) Act 2013 .

2. Commencement

This Act commences on 1 July 2013.

3. Consequential amendments

The legislation specified in Schedule 1 is amended as specified in that Schedule.

4. Legislation repealed

The legislation specified in Schedule 2 is repealed.

5. Legislation rescinded

The legislation specified in Schedule 3 is rescinded.

6. Legislation revoked

The legislation specified in Schedule 4 is revoked.

7. Repeal of Act

This Act is repealed on the three hundred and sixty fifth day from the day on which it commences.

SCHEDULE 1 - Consequential amendments

Section 3

1. Section 5(1) is amended as follows:
(a) by omitting "agreement" from the definition of employer and substituting "contract";
(b) by omitting the definition of training agreement and substituting the following definition:
training contract has the same meaning as in the Training and Workforce Development Act 2013 ;

2. Section 12 is amended as follows:
(a) by omitting from subsection (1) "agreement" and substituting "contract";
(b) by inserting in subsection (2) "of service" after "a contract".

3. Section 19(3) is amended by omitting "agreement," and substituting "contract,".

4. Section 20(4) is amended by omitting "agreement," and substituting "contract,".

5. Section 21(3) is amended by omitting "agreement," and substituting "contract,".

6. Section 24 is amended by omitting "agreement" and substituting "contract".

Building and Construction Industry Training Fund Act 1990

1. Section 34(4) is amended by omitting "Skills Tasmania established under the Vocational Education and Training Act 1994 , which" and substituting "the Secretary of the responsible Department in relation to the Training and Workforce Development Act 2013 , who".

Children, Young Persons and Their Families Act 1997

1. Section 32(10)(k) is amended by omitting "the Tasmanian Polytechnic established by the Education and Training (Tasmanian Polytechnic) Act 2008 , a person nominated by the Tasmanian Polytechnic." and substituting "TasTAFE created by the Training and Workforce Development Act 2013 , a person nominated by TasTAFE.".

Education Act 1994

1. Section 3 is amended as follows:
(a) by omitting the definitions of Polytechnic and Polytechnic executive officer ;
(b) by omitting "the Polytechnic" from paragraph (b) of the definition of school and substituting "TasTAFE";
(c) by omitting "education." from paragraph (b) of the definition of student and substituting "education;";
(d) by inserting the following definition after the definition of student :
TasTAFE means TasTAFE created under section 56 of the Training and Workforce Development Act 2013 .

2. Section 6 is amended as follows:
(a) by omitting from subsection (1)(c) "the Polytechnic" first occurring and substituting "TasTAFE";
(b) by omitting from subsection (1)(c) "the Polytechnic." and substituting "TasTAFE.";
(c) by omitting from subsection (3) "the Polytechnic executive officer" and substituting "TasTAFE".

3. Section 10 is amended as follows:
(a) by omitting from subsection (1) "the Polytechnic" first occurring and substituting "TasTAFE";
(b) by omitting from subsection (1)(a)(iii) "the Polytechnic executive officer," and substituting "TasTAFE,";
(c) by omitting from subsection (1)(b) "the Polytechnic executive officer" and substituting "TasTAFE";
(d) by omitting from subsection (2) "the Polytechnic" first occurring and substituting "TasTAFE";
(e) by omitting from subsection (2) "the Polytechnic executive officer." and substituting "TasTAFE.";
(f) by omitting subsection (3) and substituting the following subsections:

(3) The principal or the relevant College principal may require a student not to attend a school or the Academy during any day on which the student has an infestation or is suffering from any disease which, on advice from the Director of Public Health, the Secretary considers may be infectious, contagious or harmful to the health of other persons at the school or the Academy.

(4) The chief executive officer of TasTAFE may require a student not to attend TasTAFE during any day on which the student has an infestation or is suffering from any disease which, on advice from the Director of Public Health, the chief executive officer considers may be infectious, contagious or harmful to the health of other persons at TasTAFE.

4. Section 14 is amended as follows:
(a) by omitting from subsection (1) "the Polytechnic." and substituting "TasTAFE.";
(b) by omitting from subsection (3)(a) "the Polytechnic;" and substituting "TasTAFE;";
(c) by omitting from subsection (3)(b)(ii) "the Polytechnic" and substituting "TasTAFE";
(d) by omitting from subsection (3)(b)(iii) "the Polytechnic;" and substituting "TasTAFE;";
(e) by omitting from subsection (3)(c) "the Polytechnic" and substituting "TasTAFE".

5. Section 16(1)(c) is amended by omitting "Polytechnic executive officer" and substituting "chief executive officer of TasTAFE".

6. Section 20 is amended as follows:
(a) by omitting from subsection (1) "the Polytechnic." and substituting "TasTAFE.";
(b) by omitting from subsection (3) "from" and substituting "from, or asked to leave,";
(c) by omitting from subsection (3) "the Polytechnic." and substituting "TasTAFE.".

7. Section 47B is amended as follows:
(a) by omitting from subsection (2) "the Polytechnic" and substituting "TasTAFE";
(b) by omitting from subsection (3)(a) "the Polytechnic" and substituting "TasTAFE".

8. Section 47C is amended as follows:
(a) by omitting from subsection (1)(a) "the Polytechnic" and substituting "TasTAFE";
(b) by omitting from subsection (1)(b) "the Polytechnic" and substituting "TasTAFE";
(c) by omitting from subsection (1) "Polytechnic executive officer" and substituting "chief executive officer of TasTAFE";
(d) by omitting from subsection (1) "the Polytechnic." and substituting "TasTAFE.";
(e) by omitting from subsection (2) "Polytechnic executive officer." and substituting "chief executive officer of TasTAFE.";
(f) by omitting from subsection (3) "Polytechnic executive officer" and substituting "chief executive officer of TasTAFE".

9. Section 47D is amended as follows:
(a) by omitting from subsection (1)(a) "the Polytechnic" and substituting "TasTAFE";
(b) by omitting from subsection (1)(b) "the Polytechnic" and substituting "TasTAFE";
(c) by omitting from subsection (1) "Polytechnic executive officer" and substituting "chief executive officer of TasTAFE";
(d) by omitting from subsection (2) "Polytechnic executive officer" and substituting "chief executive officer of TasTAFE".

10. Section 81 is amended as follows:
(a) by omitting from subsection (1A) "the Polytechnic" first occurring and substituting "TasTAFE";
(b) by omitting from subsection (1A)(a) " section 33(1)(b) of the Education and Training (Tasmanian Polytechnic) Act 2008 " and substituting "section 86 of the Training and Workforce Development Act 2013 ";
(c) by omitting from subsection (1A)(a) "the Polytechnic" and substituting "TasTAFE";
(d) by omitting from subsection (1A)(b) "the Polytechnic" and substituting "TasTAFE";
(e) by omitting from subsection (1A)(c) "the Polytechnic" and substituting "TasTAFE";
(f) by omitting from subsection (2)(c) "the Polytechnic" first occurring and substituting "TasTAFE";
(g) by omitting from subsection (2)(c) "the Polytechnic." and substituting "TasTAFE.";
(h) by omitting from subsection (5)(b) "the Polytechnic" and substituting "TasTAFE".

11. Section 82 is amended by omitting "the Polytechnic" and substituting "TasTAFE".

Education and Training (Tasmanian Academy) Act 2008

1. Section 3 is amended by omitting "the Tasmanian Polytechnic and the Tasmanian Skills Institute" and substituting "TasTAFE".

2. Section 4 is amended as follows:
(a) by omitting "the Tasmanian Polytechnic, the Tasmanian Skills Institute" from the definition of campus and substituting "TasTAFE";
(b) by omitting the definitions of Tasmanian Polytechnic and Tasmanian Skills Institute and substituting the following definition:
TasTAFE means TasTAFE created under section 56 of the Training and Workforce Development Act 2013 ;

3. Section 37(7) is amended by omitting paragraphs (b) and (c) and substituting the following paragraph:
(b) Training and Workforce Development Act 2013 .

Employment Incentive Assistance Act 1984

1. Section 3(1) is amended as follows:
(a) by omitting the definitions of Australian Traineeship System and Authority ;
(b) by omitting the definitions of trainee and traineeship and substituting the following definitions:
trainee means a trainee, or an apprentice, as defined in the Training and Workforce Development Act 2013 ;
traineeship means employment and training undertaken by a person as a trainee;

2. Section 4(1)(a)(iii) is amended by omitting "training agreement as defined in the Vocational Education and Training Act 1994 ;" and substituting "training contract as defined in the Training and Workforce Development Act 2013 ;".

Industrial Relations Act 1984

1. The definition of employee in section 3(1) is amended as follows:
(a) by omitting from paragraph (a) " Vocational Education and Training Act 1994 ;" and substituting " Training and Workforce Development Act 2013 ;";
(b) by omitting from paragraph (b) "apprentice;" and substituting "apprentice as defined in the Training and Workforce Development Act 2013 ;".

2. Section 61A is amended by omitting "agreement within the meaning of the Vocational Education and Training Act 1994 ." from the definition of trainee and substituting "contract within the meaning of the Training and Workforce Development Act 2013 .".

Judicial Review Act 2000

1. Clause 10(2) of Schedule 3 is amended by omitting paragraph (a) and substituting the following paragraph:
(a) TasTAFE created by section 56 of the Training and Workforce Development Act 2013 ;

Long Service Leave Act 1976

1. Section 5(1)(f) is amended by omitting "Skills Tasmania or of any committee established under the Vocational Education and Training Act 1994 ;" and substituting "a committee established under the Training and Workforce Development Act 2013 ;".

Occupational Licensing Act 2005

1. Section 3(2) is amended by omitting " Vocational Education and Training Act 1994 ." and substituting " Training and Workforce Development Act 2013 .".

Payroll Tax Act 2008

1. Schedule 2 is amended by omitting "Training Agreements" from clause 5 of Division 1 of Part 3 and substituting "Traineeships and Apprenticeships".

Residential Tenancy Act 1997

1. Section 3(1) is amended by omitting paragraph (d) from the definition of boarding premises and substituting:
(d) TasTAFE students within the meaning of the Training and Workforce Development Act 2013 ;

State Service Act 2000

1. Schedule 1 is amended by omitting

Tasmanian Skills Institute
Chief executive officer
from Part 2 and substituting:

TasTAFE
Chief executive officer

Tasmanian Qualifications Authority Act 2003

1. Section 3(1) is amended by omitting " Vocational Education and Training Act 1994 ." from the definition of vocational education and training and substituting " Training and Workforce Development Act 2013 .".

Teachers Registration Act 2000

1. Section 3 is amended as follows:
(a) by omitting the definitions of certificate of full registration and certificate of provisional registration and substituting the following definition:
certificate of registration means a certificate issued under section 15 ;
(b) by omitting "full registration;" from paragraph (b) of the definition of fully registered and substituting "registration in relation to that grant or renewal of full registration;";
(c) by omitting "the Tasmanian Polytechnic;" from the definition of practising teacher and substituting "TasTAFE;";
(d) by omitting the definitions of provisional registration , provisionally registered and register and substituting the following definitions:
provisionally registered, in relation to a person, means that the person –
(a) has been granted provisional registration under section 13 , whether on the determination of an application under section 12 or pursuant to section 17A(5) ; and
(b) holds a current certificate of registration in relation to that grant of provisional registration;
provisional registration means provisional registration granted under section 13 , whether on the determination of an application under section 12 or pursuant to section 17A(5) ;
register means –
(a) a register of registered teachers, or a register of holders of limited authorities, kept under section 25 ; or
(b) in relation to a person, register the person as fully registered, provisionally registered or specialist vocational education and training registered;
(e) by omitting paragraph (a) from the definition of registered teacher and substituting the following paragraph:
(a) who is fully registered, provisionally registered or specialist vocational education and training registered; and
(f) by inserting the following definition after the definition of registered teacher :
registration means full registration, provisional registration or specialist vocational education and training registration;
(g) by inserting the following definitions after the definition of school :
specialist vocational education and training registered, in relation to a person, means a person who –
(a) has been granted specialist vocational education and training registration under section 13 or has had his or her specialist vocational education and training registration renewed under section 17A ; and
(b) holds a current certificate of registration in relation to that grant or renewal of specialist vocational education and training registration;
specialist vocational education and training registration means specialist vocational education and training registration granted under section 13 or renewed under section 17A ;
(h) by omitting "the Tasmanian Polytechnic;" from the definition of student and substituting "TasTAFE;";
(i) by omitting the definition of Tasmanian Polytechnic and substituting the following definitions:
Tasmanian Polytechnic means the Tasmanian Polytechnic continued under section 5 of the Education and Training (Tasmanian Polytechnic) Act 2008 ;
TasTAFE means TasTAFE created by section 56 of the Training and Workforce Development Act 2013 .

2. Section 6(1) is amended as follows:
(a) by omitting from paragraph (b) "schools, the Tasmanian Academy and the Tasmanian Polytechnic;" and substituting "schools and the Tasmanian Academy;";
(b) by omitting from paragraph (f) "the Tasmanian Polytechnic" and substituting "TasTAFE";
(c) by inserting in paragraph (h) "Victoria" after "Union";
(d) by omitting from paragraph (j) "school, the Tasmanian Academy or the Tasmanian Polytechnic." and substituting "school or the Tasmanian Academy;";
(e) by inserting the following paragraphs after paragraph (j) :
(k) a person nominated by TasTAFE;
(l) a practising teacher appointed from nominations by the practising teachers at TasTAFE.

3. Section 6A is amended as follows:
(a) by omitting from paragraph (a) "fully register and provisionally";
(b) by omitting from paragraph (g) "full".

4. Section 11 is amended as follows:
(a) by omitting from subsection (1) "the Tasmanian Polytechnic" and substituting "TasTAFE";
(b) by omitting paragraphs (a) and (b) from subsection (1) and substituting the following paragraph:
(a) is registered; or
(c) by inserting the following subsection after subsection (3) :

(3A) A person who is not specialist vocational education and training registered must not claim, or otherwise represent in any manner, that he or she is specialist vocational education and training registered.
Penalty: Fine not exceeding 50 penalty units.
(d) by omitting subsection (5) and substituting the following subsection:

(5) This section does not apply, before 1 January 2014, to a person appointed by TasTAFE on or after 1 July 2013 as a member of the teaching staff of TasTAFE unless that person was employed as a member of the teaching staff of a school, the Tasmanian Academy or the Tasmanian Polytechnic on 30 June 2013.

5. Division 2 of Part 3 is amended by omitting "Full registration and provisional registration" from the heading to that Division and substituting "Registration".

6. Section 12(1) is amended by omitting "full".

7. Section 13 is amended as follows:
(a) by omitting from subsection (1) "full" first occurring;
(b) by inserting the following paragraph after paragraph (b) in subsection (1) :
(ba) if satisfied that the applicant satisfies the criteria for specialist vocational education and training registration, must grant the applicant specialist vocational education and training registration; or
(c) by omitting from subsection (1)(c) "registration or provisional" twice occurring and substituting "registration, provisional registration or specialist vocational education and training";
(d) by inserting the following subsection after subsection (1) :

(1A) In determining in accordance with subsection (1) an application made under section 12 , the Board may grant to the applicant both specialist vocational education and training registration and either full registration or provisional registration.
(e) by inserting the following subsection after subsection (3) :

(3A) The criteria for specialist vocational education and training registration are as follows:
(a) the applicant has the qualifications and experience as determined by the Board in relation to specialist vocational education and training registration;
(b) the applicant is of good character;
(c) the applicant is fit to be a teacher;
(d) the applicant, in the opinion of the Board, is sufficiently proficient in the English language.
(f) by omitting from subsection (4) "registration or provisional" and substituting "registration, provisional registration or specialist vocational education and training";
(g) by omitting subsections (5) and (6) .

8. After section 13 , the following section is inserted in Division 2:
13A. Actions during assessment of application and following determination of application

(1) In considering an application for registration made under section 12 , if –
(a) it appears likely that the Board may not be satisfied that the applicant is of good character or fit to be a teacher; or
(b) the Board is intending to grant registration, subject to conditions –
the Board is to give the applicant an opportunity to appear before it.

(2) On determining an application for registration made under section 12 –
(a) the Board is to notify the applicant, in writing –
(i) of that determination; and
(ii) if the Board refuses to grant registration, of its reasons for that determination; and
(iii) if the Board grants provisional registration when the application was for full registration, of its reasons for that determination; and
(iv) if the Board grants registration subject to conditions, of those conditions; and
(b) the Board, if it grants registration, is to make an entry in the register of teachers in respect of that grant.

9. Section 15 is amended as follows:
(a) by omitting subsections (1) and (2) and substituting the following subsection:

(1) The Board is to issue a certificate of registration in an approved form to a person granted registration under section 13 or 14 , or whose registration is renewed under section 17A , on payment of the annual registration fee.
(b) by omitting from subsection (3) "full registration or a certificate of provisional";
(c) by omitting from subsection (4)(c) "full registration or certificate of provisional";
(d) by omitting from subsection (5)(a) "full registration or a certificate of provisional".

10. Section 16(2) is amended as follows:
(a) by omitting "Full registration" and substituting "Registration";
(b) by omitting from paragraph (a) "full";
(c) by omitting from paragraph (b)(i) "full";
(d) by omitting from paragraph (b)(ii) "full".

11. Section 17 is amended as follows:
(a) by omitting "fully registered or provisionally";
(b) by omitting from paragraph (a) "full registration or provisional";
(c) by omitting from paragraph (b) "full registration or provisional";
(d) by omitting from paragraph (c) "full registration or provisional".

12. Section 17A is amended as follows:
(a) by omitting from subsection (1) "registration." and substituting "registration or specialist vocational education and training registration, or both.";
(b) by inserting in subsection (3) "or specialist vocational education and training registration, or both," after "full registration";
(c) by omitting from subsection (3) "full" second occurring;
(d) by inserting in subsection (5) "applying for renewal of his or her full registration" after "that the person";
(e) by inserting in subsection (6) "or specialist vocational education and training registration" after "full registration";
(f) by omitting from subsection (6)(a) "full";
(g) by omitting from subsection (6)(b)(ii) "full".

13. Section 17B is amended as follows:
(a) by omitting from subsection (1)(a) "full";
(b) by omitting paragraphs (b) and (c) from subsection (1) and substituting the following paragraph:
(b) whose registration is renewed –
(c) by omitting from subsection (1) "full registration or provisional";
(d) by omitting from subsection (3) "full registration or provisional";
(e) by omitting from subsection (5)(a) "full registrations or provisional".

14. Section 17D(1)(a)(i) is amended by omitting "the Tasmanian Polytechnic," and substituting "TasTAFE,".

15. Section 17L is amended as follows:
(a) by omitting from subsection (1) "full" first occurring;
(b) by omitting from subsection (1)(b)(i) "full";
(c) by omitting from subsection (2)(a)(i) "full".

16. Section 18A is amended as follows:
(a) by omitting from paragraph (b) "full registration, provisional";
(b) by omitting from paragraph (c) "full registration, provisional";
(c) by omitting from paragraph (d)(i) "full registration, provisional";
(d) by omitting from paragraph (d)(ii) "full registration, provisional".

17. Section 20(3)(d) is amended by omitting "fully registered or provisionally".

18. Section 24 is amended as follows:
(a) by omitting from paragraph (ab) "full registration, provisional";
(b) by omitting from paragraph (b) "full registration, provisional";
(c) by omitting from paragraph (c) "full registration, provisional".

19. Section 24B is amended as follows:
(a) by omitting from subsection (1) "full registration, provisional";
(b) by omitting from subsection (2) "full registration, provisional".

20. Section 25 is amended as follows:
(a) by omitting from subsection (2)(f) "full registration, provisional";
(b) by omitting from subsection (2)(h) "registered or provisionally registered;" and substituting "registered, provisionally registered or specialist vocational education and training registered;";
(c) by omitting from subsection (2)(i) "full registration, provisional";
(d) by omitting from subsection (2)(j) "full registration, provisional";
(e) by omitting from subsection (2)(k) "full registration, provisional";
(f) by omitting from subsection (2)(m) "full registration, provisional";
(g) by omitting "Hobart" from the definition of teacher employing authority in subsection (5) and substituting "Hobart, TasTAFE".

21. Section 27 is amended by omitting subsection (2) and substituting the following subsection:

(2) Subsection (1) does not apply, before 1 January 2014, to TasTAFE.

22. Section 31(1) is amended by omitting "the Tasmanian Polytechnic," from the definition of employer and substituting "TasTAFE,".

23. Section 32 is amended by omitting "the Tasmanian Polytechnic" and substituting "TasTAFE".

24. Section 32A(2) is amended as follows:
(a) by omitting "full registration, provisional";
(b) by omitting from paragraph (a) "full".

25. Section 37 is repealed.

26. Section 39(2) is amended as follows:
(a) by omitting from paragraph (a) "full registration, provisional";
(b) by omitting from paragraph (d) "full registrations, provisional".

27. Section 41(3) is amended by omitting "taken to be a certificate of full registration." and substituting "taken, during the period starting on the commencement day and ending on 30 June 2013, to be a certificate of full registration issued under section 15 as in force during that period and, on and after 1 July 2013, is taken to be a certificate of registration issued under section 15 as in force on and after that date.".

Workers Rehabilitation and Compensation Act 1988

1. Section 3(1) is amended as follows:
(a) by omitting "agreement" from the definition of employer and substituting "contract";
(b) by omitting the definition of training agreement and substituting the following definition:
training contract has the same meaning as in the Training and Workforce Development Act 2013 ;
(c) by omitting "agreement" from paragraph (a) of the definition of worker and substituting "contract".

2. Section 5(1) is amended by omitting "agreement" and substituting "contract".

3. Section 6(1) is amended by omitting "agreement" and substituting "contract".

4. Section 6A(1) is amended by omitting "agreement" and substituting "contract".

Youth Participation in Education and Training (Guaranteeing Futures) Act 2005

1. Section 5 is amended by omitting " Vocational Education and Training Act 1994 ;" from the definition of higher education award and substituting " Training and Workforce Development Act 2013 ;".

2. Section 7 is amended by omitting paragraph (e) and substituting the following paragraph:
(e) traineeships, and apprenticeships, under training contracts, within the meaning of the Training and Workforce Development Act 2013 ;